SUNHUB TERMS OF SALES

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

1. Agreement. These terms and conditions of sale ("Terms") apply to the offer, purchase and sale of products and services through the Sunhub website (www.Sunhub.com) (“Services”). The Services are part of an online marketplace that assists customers with gathering photovoltaic-related information and submitting legitimate orders or otherwise purchasing photovoltaic products and services from suppliers (“Seller”). Sunhub LLC, an Ohio limited liability company (“we”, “us”, “our”, or “Sunhub”), is not a Seller of any of the products or services offered through the Services except for those products or services that clearly identify Sunhub as the Seller. All other products and services offered through the Services are offered and sold by third-party suppliers (“Third-Party Sellers”) and may be subject to terms and conditions that are in addition to, or different from, these Terms (“Third-Party Seller Terms”). The Seller of a good or service through the Services is the person or business identified as the Seller at the time you placed your order, which may be Sunhub or a Third-party Seller.

These Terms are subject to change by us, without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Services. Your continued use of the Services after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. You should review these Terms prior to conducting any transaction through the Services. Before placing an order through the Services, you should also carefully review our Terms of Use and Privacy Policy, both of which govern your use of the Services and are incorporated into these Terms (Section 15 below). You should also carefully read any Third-Party Seller Terms for a particular product prior to placing an order through the Services.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH THE SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF ANY THIRD-PARTY SELLER. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS AND TO ANY THIRD-PARTY SELLER TERMS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM OR THROUGH THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS AND ANY THIRD-PARTY SELLER TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH A SELLER OR (C) ARE PROHIBITED FROM ACCESSING OR USING ANY OF THE SERVICES, ANY CONTENT INCLUDED WITH THE SERVICES, OR ANY GOODS OR SERVICES.

1. Third-Party Sellers. If you purchase a product from a Third-Party Seller, the actual sales contract is between you and the Third-Party Seller. Each Third-Party Seller may have its own sales contract with terms and provisions that are different from these Terms (“Third-Party Seller Terms”). While we encourage Third-Party Seller’s to use these Terms for transactions through the Services, it is possible that the Third-Party Seller Terms will differ significantly from these Terms. You should carefully read any Third-Party Seller Terms before placing an order through the Services or completing any transaction on the Services. Sunhub does not review, and has no liability or responsibility for, Third-Party Seller Terms. By placing an order with a Third-Party Seller through the Services, you agree to be bound and abide by the Third-Party Seller Terms of such Third-Party.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by the Seller or the Seller will not be obligated to sell the products or services to you. The Seller may choose not to accept orders in its sole discretion, even after you receive a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms.
   1. All prices, discounts, and promotions posted or made available through the Services are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Unless specifically stated otherwise, posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. On occasion, there may be inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Seller reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
   2. Terms of payment are within the Seller’s sole discretion, and payment must be received by the Seller before the Seller will accept any order. All purchases completed through the Services must be conducted with an approved payment method. You represent and warrant that (i) the information associated with each payment method you supply is true, correct and complete, (ii) you are authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your bank, credit card company or other processing agent (e.g., Paypal), and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Services at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss.
   1. The Seller will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges represent a Seller’s costs of processing, handling, packing, shipping, and delivering of your order.
   2. Title and risk of loss pass to you upon transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. The Seller is not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated as final sale or non-returnable, the Seller will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment with valid proof of purchase and provided such products are returned in their original condition. To return products, you must contact the Seller directly.

For products where Sunhub is the Seller, you must email our Returns Department atsales@sunhub.comto obtain a Return Merchandise Authorization ("RMA") number before shipping your product. Returns without an RMA number may not be accepted.

You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. Therefore you should fully insure your return shipment against loss or damage and ensure that you use a carrier that can provide you with proof of delivery for your protection. For products where Sunhub is the Seller, all returns are subject to a 15% restocking fee.

Refunds are processed as soon as practicable once the Seller receiving your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Services. NO REFUNDS ARE OFFERED ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE.

For defective returns, please refer to the manufacturer's warranty (see Section 7 below) included with the product as detailed in the product's description available through the Services.

Each Third-Party Seller may have its own return and refund policy, which may be different from these Terms. You should carefully review the Third-Party Seller Terms of each Third-Party Seller prior to placing an order through the Services.

1. Manufacturer's Warranty and Disclaimers. Sunhub does not manufacture or control any of the products or services offered through the Services. The availability or publication of products or services through the Services does not indicate an affiliation with or endorsement of any product, service, manufacturer or seller. Accordingly, Sunhub does not provide any warranties with respect to the products or services offered through the Services. Some of the products and services offered through the Services may be covered by a manufacturer's warranty as indicated by the Seller and as detailed in the product's description available through the Services and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

UNLESS A SELLER HAS SPECIFICALLY AGREED OTHERWISE, ALL PRODUCTS AND SERVICES AND RELATED INFORMATION OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF QUALITY OR WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF A MANUFACTURER'S FAILURE OR ANY THIRD-PARTY SELLER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

1. Limitation of Liability.

   IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

   OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH THE SERVICES.

   The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (i) liability resulting from our gross negligence or willful misconduct and (ii) death or bodily injury resulting from our acts or omissions.

   1. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Services for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
   2. Privacy Policy and Terms of Use. Our Privacy Policy, (www.sunhub.com/privacy-policy), governs the processing of all personal data collected from you in connection with your purchase of products through the Services. Our Terms of Use (www.sunhub.com/terms-of-use) governs generally your access and use of the Services.
   3. Force Majeure. Sunhub and Third-Party Sellers will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay of performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Sunhub or any Third-Party Seller, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage
   4. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio, United States of America, without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio.
   5. Dispute Resolution and Binding Arbitration.
      1. YOU AND SUNHUB (AND THE SELLER) ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

1. For individual consumers, the arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 13. For all other consumers, the arbitration will be administered by the AAA under its Commercial Arbitration Rules and Mediation Procedures. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

For individual consumers, if you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

1. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us and the Seller with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
2. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE SELLER WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR SELLER IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

1. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 14 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
2. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Seller.
3. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and the Seller.
4. Notices.
   1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting a notice through the Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
   2. To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier or registered or certified mail to SUNHUB LLC, 1925 St. Clair Ave NE, Cleveland, Ohio 44114, Attn: Legal Department. We may update the facsimile number or address for notices to us by posting a notice on the Services. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
   3. To Third-Party Sellers. To give notice to a Third-Party Seller under these Terms, you must contact the Third-party Seller by personal delivery, overnight courier or registered or certified mail to the address provided by such Third-Party Seller. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
5. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
6. Entire Agreement. The order confirmation, these Terms, any applicable Third-Party Seller Terms, our Terms of Use and our Privacy Policy, all of which are incorporated herein, will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.