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Privacy Policy

(Last updated: May 1, 2020)

Your Privacy Rights

Nutra Offers LLC dba “SolurPowur” (hereinafter referred to as “SolurPowur” or “we,” “us” or “our”) respects the privacy of our users. This Privacy Policy is intended to describe for you the information we collect, how we may use that information, with whom we may share that information, and your choices about such uses and disclosures. We encourage you to read this Privacy Policy carefully when using our website or services or transacting business with us. By using our website, you are accepting the practices described in this Privacy Policy. If you have any questions about our privacy practices, please refer to the end of this Privacy Policy for information on how to contact us.

Information We Collect About You

We may collect personal information that can identify you such as your name and email address. When you provide personal information through our website, the information may be sent to servers located in the United States and other countries.

Use of Cookies and Other Technologies to Collect Information

We use various technologies, such as cookies and web beacons, to collect information from your computer and about your activities on our site. This information includes your IP address, your browser type and language, access times, the content of any undeleted cookies that your browser previously accepted from us, and the referring website address. We may allow third-parties, including our authorized service providers, advertising companies, and ad networks to display advertisements on our site. These companies may use cookies to collect information about users who view or interact with their advertisements. Our website does not provide any personal information to these third parties.

How We Use the Information We Collect

We may use information that we collect about you to:

Financial Information for Service Professionals

For service professionals, we may use financial or payment method information to process payment for any purchases made on our website, enroll you in the discount, rebate, and other programs in which you elect to participate, to pre-qualify you for credit card and other offers that you might find of interest, to pre-qualify you to participate in our contractor network, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

With Whom We Share Your information

We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our web site or while using our services. We do not share your personal information with others except as indicated below or when we inform you and give you an opportunity to opt-out of having your personal information shared. We may share personal information with:

Any third parties to whom we may disclose personal information may have their own privacy policies which describe how they use and disclose personal information. Those policies will govern the use, handling and disclosure of your personal information once we have shared it with those third parties as described in this Privacy Policy.

Aggregated and Non-Personal Information

We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties and affiliated companies to develop and deliver targeted advertising on our websites and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated information with third parties, including advisors, advertisers, and investors.

How You Can Access Your Information

If you have an online consumer account with us, you can access and review your personal information by logging into your account. You can also review and update your personal information by contacting us. You can also choose to have your account disabled by contacting [email protected] After you deactivate your account, you will not be able to sign in to our website or access any of your personal information. If you deactivate your account, we may still retain certain information associated with your account for analytical purposes and recordkeeping integrity, as well as to prevent fraud, collect any fees owed, enforce our Terms of Use, take actions we deem necessary to protect the integrity of our web site or our users or take other actions otherwise permitted by law.

Your Choices About Collection and Use of Your Information

At any time, you can choose to no longer receive commercial marketing or promotional emails or newsletters from us by accessing your user account and opting out. You also will be given the opportunity, in any marketing email that we send to you, to opt-out of receiving such messages in the future, or by replying to any of these emails. Be sure you include your name and email address. It may take up to 10 days for us to process an opt-out request. We may send you other types of transactional and relationship email communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt-out of receiving them. If you prefer not to have us share your email address & other information with selected providers of goods and services that may be of interest to you, you can notify us at any time by emailing us at [email protected]

How We Protect Your Personal Information

We take appropriate security measures (including physical, electronic and procedural measures) to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are permitted to access personal information, and they may do so only for permitted business functions. We want you to feel confident using our website to transact business. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to protect yourself against identity theft.

Blogs, Bulletin Boards, Chat Rooms and Other Social Media Sites

We may provide areas on our websites where you can post information about yourself and others and communicate with others, as well as post comments (e.g. pictures, videos, audio files, etc.). Such postings are governed by our Terms of Use. In addition, such postings may appear on other social media websites or when searches are executed on the subject of your posting. Please note that whenever you voluntarily disclose personal information on public web pages, that information will be available to the public.

Children’s Privacy

Our website is a general audience site, and we do not knowingly collect personal information from children under the age of 13. If you become aware that a child has provided us with personal information without parental consent, please contact us at [email protected] and we will take steps to remove such information and terminate the child’s account.

Visiting Our Websites from Outside the United States

This Privacy Policy is intended to cover collection of information on our website from residents of the United States. If you are visiting our website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated.

No Rights of Third Parties

This Privacy Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of the website.

Changes to this Privacy Policy

We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we post changes to this Privacy Policy, we will revise the “last updated” date at the top of this Privacy Policy. If we make any material changes in the way we collect, use, or share your personal information, we will notify you by sending an email to the email address you most recently provided us in your account, profile or registration (unless we do not have such an email address), or by prominently posting notice of the changes on our website. We recommend that you check our website from time to time to inform yourself of any changes in this Privacy Policy or any of our other policies.

How to Contact Us

If you have any questions about this Privacy Policy or if you would like to request information about our disclosure of personal information to third parties for their direct marketing purposes, please contact us by email or postal mail as follows: Privacy Policy Inquiry, 315 S. Coast Highway 101 #528, Encinitas, CA 92024 or email us at [email protected]

Your California Privacy Rights

Effective date: January 1, 2020

This privacy notice is for California residents, supplements the information provided in the Privacy Policy set forth above, and applies solely to visitors, users, and others who reside in California (“consumers” or “you”). SolurPowur provides this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.

Information SolurPowur Collects

In the past 12 months, SolurPowur has collected categories of personal information that may fall within the following categories identified in California Civil Code section 1798.140(o)(1):

  1. Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
  2. Any categories of personal information described in subdivision (e) of Section 1798.80 of the California Civil Code.
    • Section 1798.80 defines “personal information” as the following, which may overlap with other information contained within other sections of this disclosure:
      • any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
      • “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
  3. Characteristics of protected classifications under California or federal law.
    • California includes the following categories as “protected classifications”: age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, and genetic information (including familial genetic information).
  4. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  5. Biometric information.
  6. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
  7. Geolocation data.
  8. Audio, electronic, visual, thermal, olfactory, or similar information.
  9. Professional or employment-related information.
  10. Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
  11. Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Personal information does not include:

Sources of Personal Information

SolurPowur obtains the categories of personal information listed above from the following categories of sources:

Use and Sale of Personal Information

SolurPowur may use or disclose the personal information it collects for one or more of the following business purposes:

Please note that your personal information may be sold by SolurPowur and you have the right to opt-out of the sale of your personal information at the following email: [email protected]

Categories of Personal Information Sold in the Past 12 Months

Within the previous 12 months, SolurPowur has sold personal information that falls within the following categories of information identified in California Civil Code section 1798.140(o)(1):

Categories of Personal Information Disclosed for a Business Purpose in the Past 12 Months

Within the previous 12 months, SolurPowur has disclosed for a business purpose information that falls within the following categories of information identified in California Civil Code section 1798.140(o)(1):

Consumer Request for Personal Information

Under California Civil Code section 1798.100, et seq., California residents have the right to request the following information from SolurPowur:

Consumer Request that Personal Information be Deleted

You have the right to request that SolurPowur delete any personal information about you that SolurPowur has collected. However, SolurPowur will not be required to comply with your request if one or more of the exceptions set forth in California Civil Code section 1798.105(d) apply:

Methods for Submitting Requests

You may make the above requests by making such request at [email protected] Please note that you may only make a personal information request twice in a 12-month period, SolurPowur may need personal information from you to verify your identity in order to process the request, and SolurPowur will respond to you within 45 days of receiving your request.

Anti-Discrimination

SolurPowur will not discriminate against you because you exercised your rights under California Civil Code section 1798.100, et seq., including, but not limited to, by:

New York Nuisance Act

Do Not Call Policy

SolurPowur takes its responsibilities about customer information and customer service very seriously. In support of this commitment, SolurPowur has adopted the following Do Not Call Policy.

No employee or agent of SolurPowur shall engage in telemarketing practices that violate the terms of the Telephone Consumer Protection Act of 1991, the FTC Telephone Sales Rule, or state law or regulation.

SolurPowur maintains a record of the name and telephone number for consumers who do not wish to be called. If you don’t want to receive sales calls from SolurPowur, just ask us to place your name on our Do Not Call List. We will note your request immediately and will remove your information from active lists within 30 days.

You can make your request in writing by mailing us at 315 S. Coast Highway 101 #528, Encinitas, CA 92024 or email us at [email protected] When you make a request you must include your name, address and telephone number(s) you want to be included on our list. If your information changes, please notify us of the new name, address, and telephone number(s) in order to remain on our Do Not Call List. If you would like us to remove you from our Do Not Call List in order to receive our telephone solicitations, notify us by contacting us at the above address or email address.

All SolurPowur personnel involved with telemarketing and/or telephone solicitation for SolurPowur are trained, informed, and directed to comply with SolurPowur Do Not Call Policy.

Upon request, SolurPowur will provide its Do Not Call policy. Thank you for your interest in our Privacy and Do Not Call Policies.

 

Terms of Use Agreement

Welcome to the SolurPowur.com (“SolurPowur,” “we,” “us,” or “our”) website. SolurPowur’s services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this Terms of Use Agreement (“Agreement”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the website or any of the Information or Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you. If you have any questions regarding these terms, you may contact us via email at [email protected]

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use our website. We encourage you to read the Privacy Policy, which can be accessed at https://www.solurpowur.com/privacy-policy/ and to use it to help you make informed decisions.

Our Services

Upon requesting a free estimate, entering your name, phone number, email address and zip code, through the SolurPowur Web site, you will be contacted by a representative or you will be put in touch directly with local service providers. At SolurPowur we are committed to making your total experience a positive one. Upon entering your information and the request for which you would like a service professional, we will have local service professionals in your area either call and/or email you about fulfilling your service need. Additionally, we may be emailing you a list of those contractors, so you are aware of who will be contacting you.

No Guarantees or Endorsements

We do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that either are capable or willing to complete your service needs. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professional, the quality of the job that he or she may perform for you if you elect to retain their services, or the price he or she may charge. SolurPowur does not endorse or recommend the services of any particular service professional. It is your decision whether to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of SolurPowur, nor is SolurPowur an agent of the service professionals. SolurPowur does not perform and is not responsible for any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, and local laws. Should you have a dispute with any service professional, you must address such dispute with the service professional directly.

DISCLAIMER: SolurPowur MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD-PARTY SERVICE PROFESSIONALS, AND SolurPowur SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, AND THE CONDUCT OF ANY THIRD-PARTY SERVICE PROFESSIONAL IN CONNECTION WITH SUCH OFFERS OR SALES.

Information You Provide Us

You will be prompted to disclose certain information about yourself and your service requirements when you use SolurPowur’s services. Some of this information will be sent to service professionals who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, or other applicable “Do Not Call” list, to enable us to provide the services set forth on our site, to service your account, to address matters pertaining to your account, or for any other purpose related to your service request and our business, including transactional and marketing-related emails. Part of the service provided is follow-up on your experience and we will be auto-subscribing you to our email list for this purpose as well as the future promotional emails from our marketing team. Please see our Privacy Policy for complete details on our use of your information.

 

By completing a service request, you agree that you are entering into a business relationship with SolurPowur and its partners and therefore agree to be contacted by SolurPowur and/or its partners. You promise, warrant, and guarantee that all information you provide will be current, accurate, complete, and truthful. If you provide any information that is outdated, inaccurate, incomplete, or untruthful, or SolurPowur has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SolurPowur has the right to stop your use of SolurPowur’s services. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to SolurPowur for any such damages, and will indemnify SolurPowur in the event of any third party claims against SolurPowur based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the SolurPowur Web site and services at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by SolurPowur in its sole discretion that you are misusing or attempting to misuse or circumvent the SolurPowur services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, SolurPowur reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

Review Guidelines

These guidelines apply to any review submitted at SolurPowur.com.

  1. Your review must be accurate and relevant:
  1. You are prohibited from posting a review if:
  1. A review may not include:
  1. SolurPowur may screen, remove, suspend, or modify your review:

Notice Specific to Documents and Information Available on This Website

SolurPowur authorizes you to use documents (such as press releases, datasheets, content, informational items, and FAQs) from its website so long as (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear; (2) use of such documents from the website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and (3) no modifications of any documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the documents for distribution in the classroom. Distribution outside the classroom requires express written permission of SolurPowur. Use for any other purpose is expressly prohibited. Documents specified above do not include the design or layout of the SolurPowur website or any other SolurPowur owned, operated, licensed or controlled site. Elements of the SolurPowur website are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any SolurPowur website may be copied or retransmitted without the express consent of SolurPowur.

 

DISCLAIMER: WE TRY TO KEEP SolurPowur UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE INFORMATION AND SERVICES, ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

 

THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, OR YOUR USE OF THE WEBSITE, WILL BE SAFE, UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE WEBSITE EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.

SolurPowur MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD-PARTY SELLERS ON THE WEBSITE, AND SolurPowur SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY THIRD-PARTY SELLER IN CONNECTION WITH SUCH OFFERS OR SALES.

Service Professional Procedures

SolurPowur allows service professionals to post profiles about themselves and their business on the SolurPowur Web site. SolurPowur does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the service professional.

The above procedures may change from time to time at the sole discretion of SolurPowur. SolurPowur believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members are appropriately licensed, free of significant state-level civil legal judgments, or carry appropriate general liability insurance or bonding at the time of registration, during the period they are members, or thereafter. As circumstances can change daily, SolurPowur advises consumers to check these matters for themselves especially at future dates. SolurPowur does not represent or warrant that the information received from state or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that SolurPowur checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

DISCLAIMER: SolurPowur EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO ANY PRESCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN ANY PRESCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT ANY SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN ANY SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

Limitation of Liability

SolurPowur IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

 

NEITHER SolurPowur NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITE, INFORMATION, SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES.

Indemnification

You agree to fully indemnify, defend, and hold SolurPowur, our licensors, suppliers, agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable legal fees and costs), and other expenses that arise directly or indirectly from your actions, including but not limited to:

  1. Violations of this Agreement.
  2. Your violations of any rights of third parties, including service professionals.
  3. Your use of the SolurPowur website.
  4. Any other activities in connection with this website or other websites to which this website is linked.

Jurisdictional Issues

SolurPowur makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.

Notice for California Users

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Dispute Resolution/Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration using the then-current rules and procedures of the American Arbitration Association. You may only bring claims against SolurPowur in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a representative or class proceeding.

 

The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in at a mutually agreeable location, but no more than 60 miles from San Diego, California, and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in California. The venue will lie exclusively in San Diego, California. For the sake of clarity, nothing in this paragraph shall affect SolurPowur’s ability to seek from a court injunctive or equitable relief at any time.

 

If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Other

  1. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
  2. This is the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.
  3. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with SolurPowur’s prior written consent, and any attempted assignment, transfer, delegation, or sub-license shall be null and void.
  4. SolurPowur may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
  5. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  6. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Affiliate Advertising

SolurPowur.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

User-Generated Content

SolurPowur provides homeowners with the opportunity to post images and videos as part of the reviews of contractors that homeowners can post on SolurPowur’s website. These terms and conditions govern the images and videos that you post to SolurPowur’s website with your review.

  1. Definitions
  2. “You” refers to you, as a user of SolurPowur’s website.
  3. “Content” means text, images, photos, audio, video, and all other forms of data and communication.
  4. “Your Content” or “User Generated Content” means content that you submit or transmit to, through, or in connection with SolurPowur’s website.
  5. Your Representations Upon Submitting Your Content to SolurPowur

By submitting Your Content to SolurPowur’s website, you make the following representations:

  1. You are 18 years or older and are considered a legal adult in the State or Country in which you reside.
  2. You have the ability and authority to agree to these Terms of Use.
  3. The Content you submit to SolurPowur is your own original content or you own and/or have all of the necessary rights to use that Content, submit that Content to SolurPowur, and grant to SolurPowur the rights granted below. The Content is not subject to any other restrictions on its use, is not subject to the controlling rights of any other person or entity, and does not infringe upon the rights of any other person or entity.
  4. The Content does not contain any intellectual property belonging to any other party or person, including any trademarks, copyrights, publicity rights, privacy rights, patent rights, trade secret rights, confidentiality obligations, logos, brand names, advertising, or sponsorship, unless you represent that you have the right to use and submit that intellectual property to SolurPowur and grant to SolurPowur the rights granted below.
  5. You have permission from any person or entity appearing in Your Content to grant SolurPowur the right to use Your Content as described in the rights granted below. If any individuals who are or appear to be under 18 are depicted in Your Content, you represent that you are the parent or guardian with legal responsibility for those individuals, and you have the permission and right to provide SolurPowur with Content depicting those individuals.
  6. Your submission of the Content to the SolurPowur website does not violate any applicable laws of the State or Country in which you reside.
  7. The Content is not illegal, discriminatory, harassing, abusive, defamatory, obscene, or offensive, and does not contain any elements that are illegal, discriminatory, harassing, abusive, defamatory, obscene, or offensive.
  8. SolurPowur’s use of Your Content will not violate any applicable laws of the State or Country in which you or SolurPowur reside and/or operate or distribute content, for example, through access to SolurPowur’s website.
  9. You agree and confirm that SolurPowur’s display, distribution, or use of Your Content does not and shall not require any payment to You or any other person or entity, and does not require license, authorization, approval, or consent by any other person or entity.
  10. You have read these Terms and Conditions and agree to comply with all of the Terms and Conditions stated here.

III. SolurPowur Review and Vetting of User Content

SolurPowur retains the right to edit, refuse to post, or remove any Content that you or any other users submit to SolurPowur, including Content submitted to the SolurPowur website, for any reason, at any time. You acknowledge that SolurPowur is not obligated and does not promise to remove any submission in whole or in part at any time. SolurPowur may edit, refuse to post, or remove any Content that could be described as, contains, or features any of the following:

  1. Content that is offensive, harmful, illegal, defamatory, or abusive, including language that is illegal, abusive, profane, obscene, harassing, vulgar, sexually explicit, or that constitutes hate speech or discriminatory speech.
  2. Content that contains references to illegal activities or substances.
  3. Content or language that violates SolurPowur’s standards and the standards of SolurPowur’s website.
  4. Content or language that appears to be false or fraudulent.
  5. Content or language that disparages SolurPowur.
  6. Your Defense, Indemnity, and Release of Liability for SolurPowur in Connection with Your Content Submitted to SolurPowur

You agree that SolurPowur has no responsibility or liability for Your Content or any submission in whole or in part. You agree to defend, indemnify, hold harmless and release SolurPowur, along with its respective officers, directors, employees, agents, assigns, licensees and successors, from any and all claims, demands, or causes of action (collectively “claims”) that you or your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estate have or may have, whether now in in the future, relating to the use of your Submission, including without limitation, any claims of defamation, invasion of privacy, rights of publicity or copyright, or any other right you may have. You hereby irrevocably waive and cause to be waived, against SolurPowur and its users, any claims and assertions of moral rights or attribution with respect to Your Content.

  1. Grant of Rights to SolurPowur for Your Content

You hereby acknowledge and agree that any Content you submit to SolurPowur may be viewed by the general public and will not be treated as private, proprietary, or confidential. You acknowledge and agree that SolurPowur may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.

You hereby grant SolurPowur a non-exclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any of Your Content that you submit to SolurPowur in whole or in part, as well as your name and other identifying information, including without limitation any social media identifier, handle, profile picture, image, likeness, posts, statements or other information available or provided by you, in any form, media, or technology, whether now known or hereafter developed in connection with the SolurPowur marketing, advertising and promotional activities referred to above. You are not entitled to any compensation for SolurPowur’s use of Your Content, including in connection with any advertisements, marketing, paid content, or any other use by SolurPowur of Your Content. SolurPowur may change the way it uses Your Content at any time without any specific notice to you. SolurPowur’s use of Your Content does not imply any endorsement or affiliation with you.

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Effective March 1, 2020

Last modified as of March 1, 2020