ACCEPTANCE OF TERMS OF USE
Welcome to Sunhub.com (“Website”). These Terms of Use and all policies and additional terms posted on and in the Website and in our applications, tools and services (collectively "Services") set out the terms on which Sunhub offers you access to and use of our Services. Throughout these Terms of Use, the terms "we," "us," and "Sunhub" mean Sunhub LLC, an Ohio limited liability company, and any of its applicable affiliates. All policies and additional terms posted on and in the Website, applications, tools, and services are incorporated into these Terms of Use (“Service Terms”). You agree to comply with all provisions of these Terms of Use and any additional Service Terms when accessing or using our Services. If these Terms of Use are inconsistent with the Service Terms, those Service Terms will control.
Please read the Terms of Use carefully before you use the Services. By using the Services, including this Website, or if provide a click-to-accept option, then by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use any of the Services. The Services are offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Sunhub. If you do not meet of these requirements, you must not access or use any of the Services.
UPDATES AND CHANGES
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of any Sunhub Service following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
WHAT IS SUNHUB
Sunhub offers an online marketplace that allows users to offer, sell and buy photovoltaic-related goods and services in the United States of America. In every transaction, the actual contract for sale is directly between the seller and buyer. The seller of a product is the person or business indicated as the seller on the product listing. The seller may either be Sunhub or third-party suppliers. If you purchase a product from a third-party, you are purchasing directly from that third-party and not from Sunhub, and the sales contract is between you and such third-party, not Sunhub.
Please review the Default Terms of Sale. Unless a buyer and seller agree otherwise, the Default Terms of Sale apply for transactions (such as buying and selling) through the Services. It is possible that third-party sellers will require buyers to accept terms of sale that differ significantly from the Default Terms of Sale. You should review the terms of sale prior to completing a transaction with any person.
Sunhub is not responsible for examining or evaluating, and Sunhub does not warrant, the offerings or representations of any third-party. Sunhub has no control over and does not guarantee the existence, quality, safety or legality of products advertised by such third-party; the truth or accuracy of third-party content or listings; the ability of third-party sellers to sell items; the ability of buyers to pay for items; or that a buyer, seller or other third-party will actually complete a transaction or return an item or provide warranty service. Sunhub does not assume any responsibility or liability for the actions, product, content, terms of use or sale terms of any third party. Any guidance that we provide as part of the Services with respect to third-parties, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not.
You should carefully review the privacy statements and any conditions of use and terms of sale prior to completing a transaction with any third-party person or business.
FEES, TAXES AND PAYMENTS
You may be required to have a valid payment method on file before using the Services. If there is a problem charging your selected payment method, any other valid payment method associated with your account may be charged. You agree to pay all amounts associated with your use of the Services, including all purchase prices, fees, applicable taxes, and charges by the payment due date. If we have an obligation to collect any taxes or governmental fees or charges on transactions initiated or completed through the Services, we may collect such sales taxes from you via the payment method on file with us or via any other means available to us.
You agree to pay us any applicable fees, including Selling Fees and Transaction Fees, at the time such fee is payable. If you owe amounts to us, we may collect such amounts by charging any payment methods on file with us, retaining collection agencies and legal counsel, reversing any credits applied to your account, invoicing you the amounts owed which you agree are payable on receipt, offsetting any amounts that are owed to you from amounts that you owe, and requesting that your payment provider (such as PayPal) deduct the amount owed from your account balance with such provider.
We will remit all amounts we owe you in accordance with these Terms of Use and any Service Terms. You agree that we may withhold payments to you if we determine that your conducts violates, or may violate these Terms of Use, or result in returns, claims, chargebacks, disputes, or unacceptable risk to us or any person. We may continue to withhold such amounts for so long as we determine that any related risks continue. We may permanently withhold any payments to you if we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to violate the Agreement.
YOUR ACCOUNT AND PRIVACY
You may need your own account to use certain Services, and you may be required to be logged in to the account. You are responsible for maintaining the confidentiality and security of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree that you will only provide us with valid, complete and accurate information in connection with your use of the Services and will update that information from time to time to ensure it remains valid, complete and accurate. Sunhub reserves the right to refuse, modify or terminate all or part of the Services to anyone for any reason in our sole discretion. Sunhub further reserves the right to limit, terminate or disable accounts and/or your rights to use or access all or part of the Services, remove or edit content in its sole discretion.
Please review our Privacy Policy. Our privacy policy governs your use of the Services, and by using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
LICENSE AND ACCESS
Subject to the foregoing and your compliance with these Terms of Use and any Service Terms, Sunhub or its content providers grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Sunhub Service or any content of such service; any collection and use of any product listings, descriptions, prices or other information; any derivative use of any Sunhub Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools or any probing, scanning or testing of the Services. All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Sunhub or its licensors, suppliers, publishers, rightsholders, or other content providers. In connection with accessing or using any of the Services, you agree not to do anything that would result in a violation of this license or these Terms of Use.
Without the express written consent of Sunhub, you may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any commercial purpose, the Services or any part of the Services. You may not interfere or attempt to interfere in any way with the Services or with any activity occurring by, on or through the Services. Without the express written consent of Sunhub, you may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sunhub or use any meta tags or any other "hidden text" utilizing Sunhub’s name or trademarks. You may not misuse the Services. You may use the Services only as permitted by law and by these Terms of Use. The licenses granted by Sunhub terminate if you do not comply with these Terms of Use or any Service Terms.
CONTENT
Subject to these Terms of Use, you may be allowed to post, submit, publish, display or transmit content (such as reviews, comments, photos, videos, suggestions, ideas, questions and other information) through the Services, (“User Content”) provided that such User Content does not include content that is false, inaccurate, misleading, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain viruses or other malicious or technologically harmful material, commercial solicitations, political campaigning, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any third party or otherwise mislead as to the origin or endorsement of any User Content. Sunhub, in its sole discretion, has the right (but not the obligation) to monitor, edit or remove any activity or content, including User Content, provided through the Services, but Sunhub does not screen or regularly review such activity or content. Sunhub takes no responsibility and assumes no liability for your User Content or for any content of any third party.
By providing User Content, you grant Sunhub a non-exclusive, irrevocable, worldwide, royalty-free, perpetual, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media, and you grant Sunhub and sublicensees the right to use the name you submit with such content. As to User Content that you provide, you represent and warrant that you own or otherwise control all rights in and to that content; that such content is valid, accurate and complete and that use of that content (including any derivative works) does not and will not violate these Terms of Use or the rights of any third party and will not cause injury to any person or entity. You agree that you will indemnify Sunhub for all claims resulting from User Content that you provide.
The Services also include content provided or made available by third parties, including by third-party sellers, such as product listings and other materials. Any third-party content available through the Services is solely the responsibility of the person or business providing that content and such content does not reflect the opinion of Sunhub or act as an endorsement by Sunhub. Sunhub is not responsible or liable for content available through the Services. Sunhub does not warrant that product listings, product descriptions or other content available through any Sunhub Service is accurate, complete, reliable, current, or error-free, and Sunhub disclaims all liability and responsibility arising from any reliance placed on such content by you or any third party.
UPDATES TO THE SERVICES
We reserve the right to withdraw, amend or discontinue all or part of the Services in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to all or some parts of the Services. Although we may update the Services from time to time, but any content available through the Services is not necessarily complete or up-to-date. Any of the content available through the Services may be out of date at any given time, and we are under no obligation to update such content.
COPYRIGHT AND TRADEMARK
The Services, including the Website and any content included in or made available through the Services, such as features and functionality (including all information, software, text, displays, images, video, audio, and data compilations as well as the design, selection, and arrangement of any of them) are owned or licensed by Sunhub, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Sunhub name and logo, and all related names, logos, product and service names, designs, scripts and slogans are trademarks or trade dress of Sunhub or its affiliates or licensors in the United States and other countries and may not be used in any manner that is likely to cause confusion or in any manner that disparages or discredits Sunhub or its affiliates or licensors. All other trademarks not owned or licensed by Sunhub are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sunhub.
TRANSACTION LIMITS
We may impose limits on transactions (including by number and dollar figure) initiated through the Services that we determine are appropriate to comply with applicable law or protect our interests or the interests of a third party. We will not be liable to you or any person for transactions that are not completed as a result of any exceeded transaction limits.
LINKING FROM SUNHUB
The Services may contain links to other websites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Sunhub has no control over the contents of those sites or resources (including their products) and accept no responsibility for them or for any loss or damage that may arise from your use of them or for any transaction you conduct with those third parties. If you decide to access any of the third-party websites, or complete a transaction with any third party, you do so entirely at your own risk and subject to the privacy policies and the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
The Services are provided for use only by persons located in the United States. Sunhub makes no claims that all or any part of the Services are accessible or appropriate outside of the United States. Use of, or access to, the Services may not be legal by certain persons or in certain countries. If you use or access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.
EXPORT POLICY
You may not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by any applicable government authority.
INTELLECTUAL PROPERTY INFRINGEMENT
Sunhub respects the intellectual property of others. If you believe that your intellectual property is being infringed, please you may send us a written claim of copyright infringement to us as follows: Sunhub LLC, Attn: Legal Department, 1925 St. Clair Ave NE, Cleveland, OH 44114; phone: _____________; email: legal@sunhub.com
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
RELEASE
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS OF THE SUNHUB SERVICES, EACH USER RELEASES SUNHUB (AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
By using the Services, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Sunhub (and our affiliates and our and their respective officers, directors, employees and agents) from and against any claim or demand, including any losses, damages, costs, fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, your improper use of the Sunhub Services or your breach of any law or right of a third party.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SUNHUB SERVICES AND ALL INFORMATION, CONTENT, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SUNHUB SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”. SUNHUB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SUNHUB SERVICES, OR THE INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SUNHUB SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SUNHUB SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PROVIDED BY LAW, SUNHUB DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUNHUB DOES NOT WARRANT THAT THE SUNHUB SERVICES, INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SUNHUB SERVICES, OUR SERVERS OR ELECTRONIC COMMUNICATIONS SENT THROUGH THE SUNHUB SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PROVIDED BY LAW, SUNHUB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY SUNHUB SERVICE, OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ANY SUNHUB SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if Sunhub is found to be liable, our liability to you or to any third party is limited to the greater of (a) the price that the product sold for through the Sunhub Services, inclusive of any applicable sales tax and original shipping costs; (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
LIMITATION ON TIME TO FILE A CLAIM
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SUNHUB SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
DISPUTES
By using any Sunhub Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Sunhub.
Any dispute or claim relating in any way to your use of any Sunhub Service, or to any products or services sold or distributed by Sunhub or through the Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court that is a state or federal court in Cuyahoga County, Ohio if your claims qualify.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of the Agreement as a court would. Before you may begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at 1925 St. Clair Ave NE, Cleveland, Ohio, Attn: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its consumer arbitration rules. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879). Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. 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; provided however that we will reimburse those fees for claims totaling less than $10,000, at your request, unless the arbitrator determines the claims are frivolous. The expedited procedures of the AAA’s rules will apply only in cases seeking exclusively monetary relief under $50,000, and in such cases the hearing will be scheduled to take place within 90 days of the arbitrator’s appointment. Likewise, Sunhub will not seek attorneys' fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
The parties each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. 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 a claim proceeds in court rather than in arbitration both parties agree to waive any right to a jury trial.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
GENERAL
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to these Terms of Use. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.
No waiver by Sunhub of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Sunhub to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use, any Service Terms, our Privacy Policy, the Default Terms of Sale, and any other agreements expressly referenced in these Terms of Use, all of which are incorporated into these Terms of Use by this reference, constitute the sole and entire agreement between you and Sunhub regarding the Sunhub Services.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The following Sections survive any termination of these Terms of Use: Fees, Taxes and Payment; Content; Copyright and Trademark; Disclaimer of Warranties; Limitation of Liability; Limitation on Time to File a Claim; Release; Indemnification; Disputes, and General