Aged Solar Leads, LLC Terms of Use
Last Updated: June 2, 2023
Acceptance of Terms of Use and Privacy Policy
In consideration for accessing and using www.agedsolarleads.com (the “Site”) and the Site’s services (including the sale of goods), you accept and agree to be bound by the terms and provisions of these Terms of Use (these “TOU”) and the Privacy Policy, including all applicable supplemental policies, located at: https://agedsolarleads.com/privacy-policy/ (the “Privacy Policy”). The terms of these TOU and the Privacy Policy apply to, and govern, your use of all webpages and content contained within the Site and your relationship with Aged Solar Leads, LLC (“Aged Solar Leads,” “us,” “we,” or “our”).
Modifications to Terms of Use and Privacy Policy
You understand that the terms of these TOU and the Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services. Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOU and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.
If you disagree with any modification to the TOU or Privacy Policy, you must notify Aged Solar Leads in writing within the ten (10) day time period described above and immediately discontinue use of any Site services.
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using the Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Payment of Fees
Aged Solar Leads may charge you for services in conjunction with using the Site, including but not limited to supplying leads related to the solar industry. We may assess and collect from you fees, surcharges, or other supplemental payment required of or imposed on Aged Solar Leads by any governmental, regulatory, or financial institution or entity. You may make payments for purchases made through the Site to Aged Solar Leads by valid credit card through the third-party application Stripe. Aged Solar Leads reserves the right to expand or limit its payment options.
In conjunction with each payment you make through the use of the Site, or which a third party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid PayPal account and credit card information). Further, you understand and agree that any declined payment may lead to additional fees (e.g., dishonored credit card) and to the suspension or termination of your Site services. You also understand and agree that you are solely responsible to ensure prompt payment of all fees owed as a result of your use of the Site and that Aged Solar Leads is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.
You understand that payment through the Site to Aged Solar Leads is via the third party application, Stripe and it is recommended you review and understand Stripe’s Terms of Use which can be found here: https://stripe.com/legal/spc. You further understand that by using the third-party application Stripe that you are bound to comply with their Terms of Use. You further understand that we are not responsible for any issues that may arise between you and Stripe.
Billing
Your debit or credit card on file will be charged monthly or annually based on the terms of your subscription. If you would like to see your payment history, please log into your account. You may access it from within your member profile by going to “Account,” then “Billing,” and finally “Billing History.”
Refund Policy
All fees paid to Aged Solar Leads or otherwise associated with your use of the Site are non-refundable.
Further, you agree that you will not “chargeback” any payments made through your method of payment on the site. A “Chargeback” is defined as a demand by a credit-card provider for a retailer to make good the loss on a fraudulent or disputed transaction. A chargeback through your method of payment is a material breach of the Aged Solar Leads TOU and we reserve the right to cancel or terminate your use of Site services.
One Account Policy
To further the integrity of the services provided through the Site or otherwise, all users are limited to one account per person. Similarly, all companies are limited to one account per company. Users who violate this policy may have all of their accounts suspended or terminated.
Secured Areas
Some portions of the Site are restricted and require authorization for access, including if you would like to purchase solar leads. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on or through the Site. If you are not an authorized user of such areas or do not consent to continued monitoring, you should not attempt to access such areas.
Your Account Security
You are responsible for maintaining the security of your Aged Solar Leads Site account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your Aged Solar Leads Site account. You also agree that Aged Solar Leads is not responsible for any unauthorized use of your Aged Solar Leads Site account or unauthorized payment methods. You may not share your login information with anyone. Other than for purposes of logging into you Site account, Aged Solar Leads will never request your password. If you suspect that your account or login information has been compromised, you should immediately change your password and contact Aged Solar Leads.
You further agree to promptly notify Aged Solar Leads of any security breach relating to your Site account. Such notices should be sent to: www.agedsolarleads.com.
Aged Solar Leads encourages all Site users to proactively take steps to enhance their personal security measures. These measures may include using “strong” passwords that consist of lower case and capitalized letters as well as numbers; regularly changing passwords and preventing the disclosure of passwords to any third parties.
Accuracy of Information Provided by You
You agree that all information you provide through the Site or otherwise to Aged Solar Leads is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices should be sent to www.agedsolarleads.com.
Failure to provide such updated information will constitute a material breach of the terms of these TOU and may lead to the suspension or termination of your account.
You warrant that you provided notice to, and obtained consent from, any third party whose personal data you supply through the Site or otherwise to Aged Solar Leads. You further warrant that to the extent you provided personal data about a third party through the Site or otherwise to Aged Solar Leads, you provided that third party with notice about the Site’s TOU and Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such third parties or for your providing outdated, incomplete or inaccurate information.
Code of Conduct
You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in these TOU and the Privacy Policy. You agree to not use the Site services or anything related to the Site services or any other services offered by Aged Solar Leads for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content. Additional prohibited actions with respect to use of the Site and any Site services include:
- Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
- Attempt to modify, create derivative works from, participate in transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use.
- Attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Site server or to any of the websites linked to the Site through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
- Use any metatags or any other “hidden text” utilizing any part of the Site or Aged Solar Leads’ name, service or trademarks or trade dress without the express written consent of Aged Solar Leads;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
- Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
- Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
- Use the Site, or any Site services or tools if you are not able to form legally binding contracts;
- Any attempt to copy or mirror the information, data, content, or coding from the site without first obtaining express written permission from the Site administrator;
- Any attempt to reverse engineer or reconstruct any portion of the Site;
- Failure to abide by, or breach of, any payment processor or third-party vendor’s terms of service or any other policies applicable to the Site;
- Use the information provided to you from our website to be posted, uploaded, or made generally available to the public or for a fee to any other third party;
- Share your login information or allow third parties to utilize your login information to access any part of the Site; or
- Engage in any acts or omissions that Aged Solar Leads believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.
You agree to fully comply with any applicable laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of the Site and Site services. You further agree to that to the extent you are using the Site for the purposes related to Aged Solar Leads you will adhere to all applicable State and Federal laws and regulations. You further agree that if we receive a lawful request to delete customer information that is contained in your purchased information, that you must also abide by such request and promptly delete the personal information referred to in the original request.
Knowledge of TOU and Privacy Policy
If you are using Site services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, these TOU and the Privacy Policy.
Breach of the Terms of Use and/or Privacy Policy
We reserve the right to cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you have breached these TOU or any other obligation to Aged Solar Leads. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under these TOU and the Privacy Policy: (i) your failure to abide by any provision of these TOU and the Privacy Policy; (ii) your failure to pay any amounts due to Aged Solar Leads; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; (iv) your violation of any code of conduct adopted by Aged Solar Leads; or (v) your attempt to chargeback payment of your purchased information.
If any of the foregoing events occurs and we deem it a material breach by you of these TOU and/or the Privacy Policy, we may provide you with a written notice describing the breach; however, you recognize, understand, and agree that Aged Solar Leads is not obligated to send any such notice of default and may immediately suspend or terminate your Site account or services without notice. In the event a written notice of breach is provided to you, you shall have no longer than ten (10) calendar days to cure such breach.
Use of Name
If you are a customer using the Site or any Site services, you consent to Aged Solar Leads using your name and business name in advertising and promotional materials related to Site services.
Your Authority
You agree that you are of legal age and authority to enter into and be bound by the terms of these TOU and the Privacy Policy. Similarly, to the extent you are providing any information regarding a third party, you represent and warrant that you have the authority to provide such information from or about the third party through the Site or otherwise to Aged Solar Leads.
Maintenance/Site Down Time
Aged Solar Leads reserves the right to perform maintenance on the Site and Site services whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Aged Solar Leads will attempt to communicate any expected prolonged system outage to Site users in advance of such outage.
Aged Solar Leads is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of Aged Solar Leads’ control.
Intellectual Property Rights
You agree that we hold all right, title and interest to all services, its websites and information and technology used to provide the Website and its services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such intellectual property or use any of our intellectual property rights without the express written permission from us.
All content including but not limited to text, graphics, downloads and software included on this site is the property of Aged Solar Leads or its licensors and is protected by United States and international copyright laws.
You also grant Aged Solar Leads a non-exclusive, royalty free, perpetual license to use, reference, post, identify, or otherwise utilize your intellectual property rights that you submit through the Website or otherwise provide to us. Such information will be used solely by us in conjunction with marketing the Website and its services.
Links to Other Websites
The Site may contain links and pointers to other related Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, does not constitute an endorsement by Aged Solar Leads. Links do not imply that Aged Solar Leads or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, tradename, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, tradename, logo or copyright symbol of Aged Solar Leads or any of its brands. You should direct any concerns regarding any external link to its site administrator or webmaster. Aged Solar Leads does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Aged Solar Leads reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
Disclaimer
A solar lead is defined by a residential home dweller where solar could be installed, which may be at the address they provided or a different location that the homeowner possesses or controls. Due to the nature of this information and the timing of when it was received, we cannot guarantee the accuracy of data or any type of business that may be generated from the lead. These leads are also non-exclusive, in that the lead may be provided to more than one purchaser. In many cases, a lead may be “stale” or a homeowner may have already had their solar needs addressed or satisfied. By purchasing each lead, you acknowledge and accept this and all other risks associated with receiving the lead.
Disclaimer of Warranties
Aged Solar Leads EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE AND ALL SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES INCLUDING ACCURACY OF INFORMATION AND RECENCY OF INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF Aged Solar Leads, Aged Solar Leads DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ANY SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Aged Solar Leads DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF Aged Solar Leads, Aged Solar Leads PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH Aged Solar Leads.
Aged Solar Leads DOES NOT WARRANTY OR GUARANTEE ANY OF THE SITE’S USERS’ COMPLIANCE WITH LAW. Aged Solar Leads IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to Aged Solar Leads or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Aged Solar Leads or any of Aged Solar Leads affiliate, parent company or subsidiary other than pursuant to these TOU. Aged Solar Leads shall not be responsible for the payment of any monies to any party in connection with Aged Solar Leads’ use of communications submitted by you to the Site.
Assumption of Risk
The Site is intended for information purposes only. When you access the Site, use Site services, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Third Party Intellectual Property Rights
Various goods that may be available for purchase on the Site may be branded materials or otherwise contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor Aged Solar Leads shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.
Customer Support
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Aged Solar Leads provides email support for Site customers. Support can be reached by sending an email to privacy@agedsolarleads.com. Aged Solar Leads attempts to respond to customer inquiries within two (2) business days.
Indemnification
As a user of the Site, you agree to release, indemnify, defend and hold harmless Aged Solar Leads and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under or from your violations of these TOU or the Privacy Policy, your submissions to the Site, the services provided through the Site or otherwise by Aged Solar Leads to you, your use of any services of the Site or provided by Aged Solar Leads or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. Further, if Aged Solar Leads receives a subpoena based on your use of our Service, you hereby agree to and promise to indemnify Aged Solar Leads for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies Aged Solar Leads may have in law or equity.
You agree that Aged Solar Leads shall have the right to participate in the defense of any claim asserted against Aged Solar Leads or involving the Site. You also agree that Aged Solar Leads shall be entitled to retain a counsel of Aged Solar Leads’ own choosing at your cost. You further agree to notify Aged Solar Leads of your knowledge of any claim against Aged Solar Leads or involving the Site. You agree to cooperate fully with Aged Solar Leads during such proceedings.
Automatic Payments in the Event of Default
If you provided payment information to Aged Solar Leads and sums are due and owing from you to Aged Solar Leads and you are in default of your obligations under these TOU, you authorize Aged Solar Leads to deduct any sums due and owing from your payment source(s) so long as Aged Solar Leads provided you with notice of your default and you failed to cure the default under the terms and conditions of these TOU.
Right to Refuse Service
Aged Solar Leads, in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity through the Site or otherwise.
Consent and Survival of Agreement
By using the Site and Site services provided through the Site by Aged Solar Leads under these TOU and the Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of these TOU and the Privacy Policy. You also agree to be bound by all amended terms and conditions of these TOU and the Privacy Policy. These terms of these TOU and the Privacy Policy, and your obligations under such terms, continue to apply to you even if you are no longer using the Site or its services.
Reports of Abuse
If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating these TOU or the Privacy Policy, you may inform Aged Solar Leads in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided below. Aged Solar Leads may, but is not obligated, to conduct an investigation into the allegations. Aged Solar Leads reserves the right to remove accounts, content, or postings that from the Site Aged Solar Leads, in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Aged Solar Leads be liable to you for your failure to retain necessary records, nor will Aged Solar Leads’ retention or non-retention of records act to alleviate your duty under the law.
Termination of Services
You acknowledge and agree that we may terminate or block your use of the Site or any Site services without prior notice for any reason, including, without limitation, if we believe you have engaged in conduct prohibited by these TOU or the Privacy Policy. You agree that upon such termination or discontinuance for any reason, Aged Solar Leads may delete all information related to you on or within the Site and may bar your access to and use of Site services.
Notices and Communication
You authorize Aged Solar Leads and its sponsors and affiliates to communicate with you to the full extent allowed by the Aged Solar Leads’ Privacy Policy. Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to the Site or Aged Solar Leads. If you do not wish to receive bulk e-mail notices or announcements from Aged Solar Leads, please send us an e-mail at the e-mail address listed below. To the extent you do not wish to receive communication from our sponsors and affiliates, you should contact them directly.
Notices that you send to us must be delivered via first class mail to the following address:
Aged Solar Leads
Attn: Privacy Dept.
PO Box 14401
Springfield, MO 65814
You may also send us notices via e-mail to: info@agedsolarleads.com so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the contact information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases made through the Site are deemed made within the State of Missouri.
Except for injunctive relief, you agree that any claim, dispute, action or litigation based hereon, relating to or arising out of these TOU, the Privacy Policy, or related to the Site or Site services provided by us to you shall be brought and maintained exclusively via arbitration (except for injunctive relief). Any Party seeking to pursue an action to arbitrate shall give written notice to the other Party of such election that summarizes in sufficient detail the basis of the dispute at least ten (10) days before bringing an arbitration action. The dispute shall be submitted for arbitration with JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. Such arbitration shall be conducted, unless otherwise agreed by the Parties, by a single arbitrator, who shall be a former judge, in a location that is mutually agreeable to the Parties (or, if no agreement can be reached, then a location in Greene County, Missouri). The award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The prevailing Party in any arbitration shall be entitled to recover all costs incurred by such Party in connection with the proceeding, including reasonable attorneys’ fees. If injunctive relief is needed, the Parties agree to exclusively utilize the courts with jurisdiction in Greene County, Missouri. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation any action has been brought in an inconvenient forum.
Exclusive Remedy and Damages Cap
You agree that our entire aggregate liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Aged Solar Leads related to the Site, these TOU, the Privacy Policy, or procurement of other services, is limited solely to, and collectively with all claims shall not exceed, the amount you paid for the goods and services provided to you by Aged Solar Leads within the six (6) months prior to when your first claim first arose, or One Hundred ($100), whichever is less. IN NO EVENT SHALL Aged Solar Leads BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS OR WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THE SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH Aged Solar Leads MAY BE RESPONSIBLE.
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the Site and/or any services provided to you by Aged Solar Leads must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.
Waiver of Jury Trial
EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TOU OR THE PRIVACY POLICY, OR RELATED TO SITE SERVICES.
Waiver of Class Action
EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TOU.
Prior Action Before Formal Claim
You agree that as a material provision of these TOU, that you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high quality services and complying with applicable law. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these TOU and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state or federal law, and specifically includes claims related to the American with Disabilities Act.
No Third Party Beneficiaries
Except as otherwise expressly provided herein, nothing in these TOU is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
You may not assign any of your rights or delegate any of your duties under these TOU without the prior written consent from Aged Solar Leads. Any attempt by your creditors or another third party to obtain an interest in your rights under these TOU or the Privacy Policy is voidable at Aged Solar Leads’ option.
Successors and Assigns
Except as otherwise expressly provided herein, these TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
Non-Waiver
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Aged Solar Leads in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Aged Solar Leads’ election to not assert its rights under these TOU shall not preclude Aged Solar Leads from asserting its rights in the future.
Severability of Terms
If any provision of these TOU or the Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in these TOU, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.
Attorneys’ Fees
If Aged Solar Leads prevails in any action, suit, or proceeding arising from or based upon these TOU, Aged Solar Leads shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
Headings
The headings in these TOU are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
California Residents’ Data
If you are purchasing data related to California residents, you hereby agree to uphold all applicable law related to maintaining the integrity and confidentiality of such information.
California Residents Only
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 additional Privacy Policy Supplement applicable to California Residents can be accessed by clicking here: https://agedsolarleads.com/privacy-policy-supplement/
Aged Solar Leads, LLC
Attn: Legal Notice
PO Box 14401
Springfield, MO 65814
417-306-2329