TERMS OF USE

TERMS OF USE OF SOLARCROWDSOURCE

These Terms and Conditions of Use (these “Terms of Use”) govern your use of the Website and your receipt of any services and information obtained by you through the Website (the “Services”). The Services are provided by SolarCrowdSource and these Terms of Use constitute an agreement between you and SolarCrowdSource. Other services available from third parties through this Website may be governed by separate agreements. Please read these Terms of Use carefully; they impose legal obligations on you. By accessing or browsing our Website or using the Services, you are acknowledging that you have read and understood these Terms of Use and agree to be legally bound by them.

Conditions of Participation

You may use the Services only if: (i) you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction; (ii) your use of the Services will not violate any law in any applicable jurisdiction; (iii) you do not engage in any conduct that will impede, impair or interfere with the functioning of the Services; and (iv) you agree to be bound by and abide by all of the provisions of these Terms of Use.

You may only post a Campaign on our site if the Campaign is being run by an entity organized under the laws of the State of Georgia. Posting a campaign may require the campaign posting company to open a separate account (or accounts) with third-party service provider(s) of SolarCrowdSource’s choosing through which subscription, purchase and donation funds will be accepted.

You may only invest in a Campaign on our site if you are a resident of the State of Georgia. Investment in a Campaign may require the investor to open a separate account with a third-party service provider of SolarCrowdSource’s choosing, through which subscription funds will be accepted, unless such procedures are waived by us, in our sole discretion.

You acknowledge, consent and agree that we may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms of Use; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of SolarCrowdSource and its users

Services

The Services have been designed to enable our Website users to upload, submit, or post certain content, which includes, but is not limited to, software, graphics, videos, audio clips, data and information to the Website.

SolarCrowdSource does not endorse and has no control over any submission by our Website users. We do not guarantee the accuracy, completeness or authenticity of any data or information, which our Website users submit. You acknowledge that SolarCrowdSource has no responsibility relating to any information and content which you access through the Services and that your use of the Services is solely at your own risk. Moreover, you are responsible for any damage or loss resulting from your use of the Website and the Services.

Registration on Website

You may browse the Website without registering with us. However, you may be required to register if you want to use certain areas of the Service. During the registration process, you will create a User ID and Password. You agree to (a) provide us with accurate and complete information when you register; (b) maintain the security of your password and identification; (c) maintain and promptly update any personal information requested during the registration process and any other information you provide to us and keep it accurate, current and complete, and (d) be fully responsible for all use of your account and for any actions that take place using your account. We reserve the right to refuse registration or terminate or cancel a User ID at any time, in our sole discretion. You are solely responsible for any activity that occurs on your account and you agree to immediately notify us of any unauthorized use of your account.

Campaigns

Solarcrowdsource.com is a platform that is designed to enable fundraising for certain users (Campaigns). Through various payment processors, SolarCrowdSource can help to facilitate the above activities. Any persons wishing to invest in Campaigns posted on the Website must certify as to their legal residency (investments are open to Georgia residents only) and eligibility.

We do not oversee the performance of any Campaigns. Moreover, we shall not be liable for any interactions or interchanges which you may have with any organizations and/or individuals found on or through the Website and we are not responsible for any damage or loss incurred as a result of any such interactions or interchanges. All interchanges are solely between you and such organizations and/or individuals. In the event of a dispute between you and any organizations and/or individuals found on or through the Website, you release us and hold us harmless from any and all claims, damages, liabilities and demands arising out of or in any way related to such disputes and our Service.

We shall not become involved in any dispute between Sponsors/Investors and Campaign Managers. Campaign Managers are responsible for fulfilling obligations and commitments set forth in the applicable Campaign listing they create on the Website. We reserve the right to cancel or terminate or remove a Campaign posting at any time in our sole discretion.

Campaign Managers

Campaigns may be created for posting only by entities that are incorporated or organized in the State of Georgia. Once a Campaign is accepted for posting, the Service allows you to submit, transmit and upload your Campaign content to the Website. In connection with such submission, you grant to us a, non-exclusive, royalty-free, world-wide right to use, (and permit Website users to use) distribute, collect, host, and display, the Campaign content (including any trademarks, service marks, or other proprietary right), in connection with the Service.

SolarCrowdSource retains the right to accept or reject any proposed Campaign, and to terminate any active campaign, in its sole and absolute discretion, for any reason, or no reason. All decisions regarding acceptance, rejection and termination are final.

Website User Submission and Posted Materials

By posting or transmitting, submitting, inputting or uploading information and content to the Website, you represent and warrant that you: (i) own or control all rights to all content and information in your submission to the Website (or it is otherwise in the public domain); (ii) have all intellectual property rights in and to the content and information; and (iii) the content and information does not infringe or violate the proprietary rights of third parties. In addition, you automatically grant SolarCrowdSource users under your intellectual property rights, a royalty-free, perpetual, non-exclusive, worldwide license (with the right to grant sublicenses) to use, copy, modify, distribute, publicly display, prepare derivative works of, perform, and otherwise exploit such information, without compensation to you. You acknowledge and agree that SolarCrowdSource has the right to delete or modify any of the content and information that you submit.

Forward-Looking Statements

Website users understand and acknowledge that certain portions of the Website, and certain documents posted on the Website relating to Campaigns contain certain “forward-looking statements”, which involve risks and uncertainties. These forward-looking statements, which are usually accompanied or indicated by words such as “may”, “might”, “will”, “should”, “could”, “intends”, “estimates”, “predicts”, “potential”, “continue”, “believes”, “anticipates”, “plans”, and “expects”, relate to, without limitation, statements about market opportunities, a company’s strategy, its competition, projected revenue and expense levels, and the adequacy of cash resources. These statements and documents also contain forward-looking statements attributed to third parties. These statements are only predictions. Investors in Campaigns should not place undue reliance on these forward-looking statements, which are only as of the date of the document in which they may be contained. A company’s actual results could differ materially from those expressed or implied by these forward-looking statements as a result of various factors. No statement or document on the Website guarantees future results, performance or achievements. No person posting statements or documents to the Website is under a duty or obligation to update any of the forward-looking statements contained in the statement or document after the date it is made to conform them to actual results or changes in expectations.

Fees

There may be fees associated with certain Services on the Website. Fees are collected by our various payment processors. The fees are subject to change at any time. Prior to your use of the Services on solarcrowdsource.com, you will be given an opportunity to review and accept the fees that you will be charged. SolarCrowdSource makes no warranties or guarantees regarding the performance of its payment processors and SolarCrowdSource does not guarantee or warrant the receipt of all funds. You agree to pay all fees and applicable taxes associated with your use of solarcrowdsource.com and any submission of a Campaign, investment, purchase or donation. In the event you terminate your use of the Services, all fees payable to SolarCrowdSource are non-refundable.

Fees Associated with Investments/Purchases/Donations

In the event you invest in, purchase a reward or give a donation to a Campaign through the Website, you acknowledge and agree that: (i) there are no refunds, of any type, of your investment, purchase or donation; (ii) the investment, purchase or donation and any transaction and processing fees will be charged to the payment source that you provide to us and such payment source must be authorized for use by you; and (iii) you are responsible for any inaccuracy in selecting the Campaign for your investment, purchase or donation, and you may not direct how the money is to be spent by the specific company running the Campaign.

Purchases/Donations to For-Profit Campaigns Not Tax Deductible

Purchases/donations to Campaigns being run by for-profit enterprises are not charitable contributions. Persons who purchase in or donate to such Campaigns hereby acknowledge that such purchases or donations are not eligible for treatment as a charitable deduction under the federal laws of the United States or the laws of any State.

Disbursement of Funds for Campaigns

All investments and contributions made to a Campaign, less a processing fee and any additional banking fees, will be disbursed to the Campaign Manager after Campaign completion. SolarCrowdSource is not responsible for any error or omission in the account information you provide relating to the disbursement. When a Campaign deadline or expiration is reached, the associated funding account will automatically close and no more investments or contributions will be accepted for that Campaign.

Disclaimer Regarding Services

SolarCrowdSource cannot and does not guarantee that the information in the Services is accurate, reliable, current, complete or appropriate for your needs. Due to various factors, the accuracy, completeness, timeliness or results obtained is not and cannot be guaranteed by SolarCrowdSource.

SolarCrowdSource does not offer legal, accounting, tax, investment or other professional advice to any person, including any Campaign Manager, or any person investing or purchasing in or donating to a Campaign. Campaign Mangers and persons who intend to invest in purchase in or donate to a Campaign are urged to seek independent counsel before using the Services on the Website.

Proprietary Rights; Downloading of Materials

Unless otherwise noted, all right, title and interest in and to the Website, and information made available in the Services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of SolarCrowdSource or used under principles of “fair use.” Certain materials may be made available for download from this Website. Subject to these Website Terms of Use, SolarCrowdSource grants you permission to download and copy such materials solely for your internal, non-commercial use; provided that all copyright notices appearing on the originals are duplicated on all copies thereof; and provided further, that you do not modify the materials in any way. Without limiting any other right or remedy available to SolarCrowdSource, at law or in equity, the permission herein granted will automatically terminate in the event you breach the terms of this paragraph and, in such event, you must destroy immediately all downloaded materials in your possession, custody or control.

You acknowledge and agree that the Website may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information contained in advertisements or information presented to you through the Website or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by SolarCrowdSource or the applicable licensor, you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the information or content contained in the Website, in whole or in part.

If appropriately notified, SolarCrowdSource will disable material that allegedly infringes copyright. We are unable to make determinations of infringement or non-infringement, and follow the protocols of the ‘safe harbor’ provisions of the Digital Millennium Copyright Act: with regards to user content, SolarCrowdSource is a service provider per 17 USC 512(c).

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright which you own or control, you may e-mail notification of such infringement to TBD. To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written or electronic communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  1. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  1. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  1. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  1. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, the memberships of members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Downloaded Information

SolarCrowdSource does not guarantee or warrant that information available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements.

Third Party Links

From time to time, the Services may provide you with the ability to access certain content from third parties, through links to the websites of such other parties or through content that other parties, themselves, post on the Website. You proceed at your own risk when you access such third party content. SolarCrowdSource does not guarantee that it will screen such content or that such content will be accurate, free from errors, consistent with what it purports to be appropriate to fit your needs. You agree that SolarCrowdSource shall not be held liable for any activities that occur on any website you access through links on the Website. We provide these links as a convenience, and do not endorse the content or services offered by these other sites.

In the event you post content to the Website, SolarCrowdSource reserves the right to screen such content but does not guarantee that it will do so. All decisions on whether or not to retain, disseminate or remove content posted by users shall be made by SolarCrowdSource, in its sole discretion. Users are prohibited from using the Services to violate any laws or to violate the rights of SolarCrowdSource or of any third parties, all as further provided below.

Modification and Termination of Website; Modification of Website Terms of Use

Notwithstanding any provision herein, SolarCrowdSource reserves the right, in its sole discretion, at any time, to change or modify from time to time and/or terminate this Website, or these Terms of Use. Please review these Terms of Use often to keep yourself apprised of any changes. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use, as modified.

User Conduct

The following governs your use of our Website:

I agree that I will not (and shall not permit any third party to):

  1. Alter, damage or delete any materials appearing on the Website;
  1. Disrupt the normal flow of communication on the Website, such as through “spam” email or by other means;
  1. Claim a relationship with or speak for any business, organization, or person for which I am not authorized to claim such a relationship;
  1. Violate any operating rule, policy or guideline of my Internet access provider or online service;
  1. Post, email, transmit, upload, submit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or language that is racially, ethnically or otherwise objectionable
  1. Upload, post, submit, email, transmit or otherwise make available any content that I do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  1. Upload, post, submit, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  1. Upload, post, submit, email, transmit or otherwise make available any materials that restrict or inhibit any other user from using and enjoying the Website;
  1. Upload, post, submit, email, transmit or otherwise make available any materials or transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable law or regulation;
  1. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
  1. “Stalk” or otherwise harass another;
  1. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above; and/or
  1. Register for more than one user account or register for a user account on behalf of an individual or entity other than yourself.

In addition, you agree that you will not: (1) interfere or attempt to interfere with the running of the Services or any activities conducted on the Website, (2) modify, or create derivative works of any part of the Website, (3) decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas of any part of the Website, or (4) assign, copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive arising out of your use of the Website.

We reserve the right to prohibit or restrict conduct and reserve the right to edit, refuse to post, or to remove any content, in whole or in part, which in our sole discretion we believe violates the provisions herein, or is otherwise objectionable.

No Advice or Solicitation

The Website is for informational purposes only and should not be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, recommendation or sponsorship of any company by SolarCrowdSource, its affiliates, officers, directors, employees or agents. You acknowledge and agree that the use of the Website and any decisions made in reliance upon the Website are made at your own risk

Disclaimer of Warranties and Limitation of Liability

You agree that neither SolarCrowdSource, nor its affiliates, officers, directors, employees, agents or representatives, shall have any liability, contingent or otherwise, for the truthfulness, accuracy or timeliness of the content or information on the Website (or any services contained therein) or for any decision made or action taken by you in reliance upon such information or content.

YOUR USE OF THE WEBSITE AND INFORMATION CONTAINED THEREIN ARE AT YOUR SOLE RISK. THE WEBSITE AND INFORMATION CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF THE INFORMATION MADE AVAILABLE VIA THE WEBSITE. YOU RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.

IN NO EVENT WILL SOLARCROWDSOURCE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF SOLARCROWDSOURCE HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.

YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT THE WEBSITE MAY CONTAIN COMPUTER VIRUSES. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL SOLARCROWDSOURCE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH OUR WEBSITE

SolarCrowdSource makes no representation that the Website is appropriate for use in locations outside the United States, and access to this Website from locations where the provision of such information may be illegal is prohibited. Users of the Website who access this Website from such locations do so of their own volition and are responsible for compliance with all applicable local laws.

Force Majeure

SolarCrowdSource’s performance under these Terms of Use shall be excused in the event of interruption and/or delay due to any act of God, act of governmental authority, act of the public enemy or due to war or terrorism, the outbreak or escalation of hostilities, riot, fire, flood, civil commotion, insurrection, labor difficulty (including, without limitation, any strike, or other work stoppage or slow down), severe or adverse weather conditions, communications line failure, or other similar cause beyond the reasonable control of SolarCrowdSource.

Entire Agreement

These Terms of Use and our Privacy Policy relate only to this Website and embody the entire understanding between the parties with respect to this Website and supersede any and all prior representations and agreements, if any, oral or written, with respect to this Website.

Severability

Should any provision of these Terms of Use or our Privacy Policy be deemed to be unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the other provisions shall not be affected thereby. Failure of SolarCrowdSource to enforce any provision of these Terms of Use or of the Privacy Policy shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision

Choice of Law; Choice of Forum

These Terms of Use and Privacy Policy shall be governed by and in accordance with the laws of the State of Georgia, United States. In any action arising under these Terms of Use or Privacy Policy, you consent to the jurisdiction and venue of the courts of the State of Georgia.

Assignment

SolarCrowdSource reserves the right to assign its rights and obligations under these Website Terms of Use

Your Consent

By using this Website, you agree to comply with, and be bound by these Terms of Use. If you do not agree with some, or all of these Terms of Use, you are not authorized to visit our Website.