Terms of use

Effective June, 2023

Thanks for visiting our Site SunnyDynamics.com! We appreciate your business and ask that you please read our terms and conditions carefully before using our Website (“Website”, “Site” or “App”). This site is owned and operated by SunnyDynamics.com (“SunnyDynamics.com,” “we,” “us” or “our”). All terms and conditions mentioned on this page (I.E. “the Terms”) govern how you use and access our site and all services that we provide to you via our site (I.E. “Smart Services”). Our terms outline a legal contract between you and SunnyDynamics.com. When you use our Site and any of our Smart Services, you hereby agree to be bound by these Terms and warrant that you are above the age of 18. If you do not agree to our terms and conditions don’t use our Site or Smart Services; it’s that simple.

Our terms and conditions policy is effective as of the date that we specify above. We reserve the right to change or modify the terms and conditions at any time. Your use of our site or Smart Services constitutes your acceptance of such changes or modified terms, so please check this page periodically.

All Smart Services include the incorporation of a variety of third party solar products, brokers, carriers via advertisement of solar quotes, online purchases, emails, phone calls, text messages or any other marketing medium. This hereby serves as your notice that you may have third parties contact you on our behalf.

Entering your information on our web forms with your consent does not constitute a condition of purchase as solar products and services vary by state as well as information you provide regarding your home and property.

Third-party solar products that are purchased by you via our Website are subject to contracts you’ve made with the applicable solar company. In the event of a conflict between our terms and the terms you’ve accepted with a solar company, the terms you’ve accepted with the solar company precede ours.

USER CONDUCT

You hereby agree to NOT use this Website for the following purposes or activities: conducting any illegal activity at any time whatsoever; such as transmitting or storing worms, viruses, code of a destructive nature, threatening, harassing, abusing, impersonating, injuring, intimidating others or any interference with others’ use of this Website (unless such interference is intended to purposefully comply with another section of the terms listed on this page). This includes delivering spam, collecting information to deliver spam, sending unsolicited email advertisements, decompiling, disassembling, reverse engineering, attempting to discover source code contained in the Website, disguising the origin of content sent through this Website (or your presence on the Website); and/or causing launch of any sort of automated system accessing this Website in a manner to send more request messages to servers of the site than a person could reasonably produce via the use of a conventional web browser in the same period.

INTELLECTUAL PROPERTY ('IP')

SunnyDynamics.com contains text, graphics, images, photographs and a variety of other materials provided on behalf of us and your use of our Smart Services. All materials and information we collect is collectively referred to as “content” and that content is owned by us/our licensors. This content is protected under both US and foreign copyright laws/treaties. Content includes (but is not limited to) trademarks, service marks, logos used and displayed on our sites which are registered and non-registered trademarks/service marks of our licensors. The organization and design of our Websites are the sole property of SunnyDynamics.com and are protected worldwide by various copyright laws and treaty provisions.

You shall not (without our express written permission in each use or instance) use our trademarks, service marks, logos, or site code/content or copy the use of the content for any purpose. Removal of any copyright or proprietary notices contained in the original content on a copy made of the source content (as well as any selling, transferring, assignment, licensing, sublicening or modification of the content) or use of the content for any public or commercial purpose, including use or publishment of content is strictly prohibited.

Nothing in our Terms or Conditions of Use shall be construed as conferring license, rights of trademarks or intellectual property rights of SunnyDynamics.com or any other party. Any and all trademarks, trade names, service marks, logos or other images displayed throughout the Website are the sole property of SunnyDynamics.com, licensed by SunnyDynamics.com, or owned by third parties. Therefore, you shall not display, use links, meta tags, or any other use of trademarks, service marks, logos or images displayed throughout the Website without prior express written consent of the owner of the trademark, service mark, trade name, or logo.

UNSOLICITED INFORMATION

All Smart Services are provided for inquiries and peer-to-peer interactions, and you alone are responsible for your use of these Smart Services. When you submit any unsolicited information and materials on our page (including any comments, ideas, questions or similar communication to our site - AKA “unsolicited information”) you agree to adhere to and be bound by our terms and conditions. Any and all unsolicited information you provide to us is considered NON-CONFIDENTIAL, NON-PROPRIETARY, and will become SunnyDynamics.com’s property upon submission. We are therefore entitled to use this communication and materials for any purpose whatsoever that we choose; including commercial or otherwise. This can include but is not limited to the reproduction, transmission, disclosure, broadcast, further publication/posting without compensation to said provider of the Unsolicited Information.

Furthermore, we reserve the right to use ideas, concepts, techniques or know-how in any/all communications/material sent to our site for any purpose whatsoever. This could include (but is not limited to) commercial uses or otherwise, such as developing, manufacturing or marketing products. With any submittal of unsolicited information, you grant us permission to the perpetual use, reproduction, modification, adaptation, publication, translation, distribution, transmission, public display, public performance, sublicense, derivative works creation, transfer or sale of such Unsolicited Information. Notwithstanding anything mentioned herein, your personal information (submitted to SunnyDynamics.com) through the pages located on the Website is held in confidence by us as set forth in our Privacy Policy.

COLLECTION AND USE OF INFORMATION

We at SunnyDynamics.com respect and protect the privacy of our users. Your use of our Smart Services may transmit information, including possibly personally identifiable information. The collection and use of this personal information collected by SunnyDynamics.com is governed by our Privacy Policy, hereby incorporated by reference in its entirety. It’s important that you read and comprehend the terms of our Privacy Policy. SunnyDynamics.com, Inc. may cooperate and disclose various information (including your account information) to authorities, government officials or third parties without notice to you in connection to investigations, proceedings, or claims that arise from asserted illegal actions/infringements related or unrelated to your use/misuse of the Website.

DISCLAIMER AND LIMITATION OF LIABILITY

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SITE, SMART SERVICES AND CONTENT IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED. THIS INCLUDES (WITHOUT LIMITATION) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE. WE WILL NOT BE HELD LIABLE FOR DAMAGES, VIRUSES (OF ANY KIND), YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY THAT ACCESSES THE WEBSITE, SMART SERVICES OR CONTENT.

ALL SOLAR PRODUCT QUOTES OR PRODUCTS SOLD THROUGH THE SITE ARE ASSOCIATED WITH THIRD PARTIES' PRODUCTS AND ARE NOT OUR PRODUCTS. THEREFORE, WE MAKE NO REPRESENTATIONS OR WARRANTIES RELATED TO THE PRODUCTS WITH RESPECT TO SUCH PRODUCTS, AND ACCEPT NO LIABILITY IN CONNECTION WITH THEM. ALL SUCH PRODUCTS ARE PROVIDED TO YOU PURSUANT TO THE TERMS AND CONDITIONS OF THE SOLAR COMPANY PROVIDING SUCH PRODUCTS.

IN NO EVENT SHALL WE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER CONSEQUENTIAL DAMAGES. THIS CAN INCLUDE BUT IS NOT LIMITED TO LOST PROFITS, REVENUES OR SAVINGS EVEN IF WE HAVE BEEN ADVISED OF SUCH POSSIBILITY IN ADVANCE. DUE TO THE LACK OF JURISDICTION IN SOME JURISPRUDENCES REGARDING LIMITATION OF LIABILITY, IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE FURTHEST EXTENT GRANTED BY APPLICABLE LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR SITE, SERVICE, OR CONTENT IS TO NOT USE THE SITE.

EXTERNAL SITES

Our site may contain links to third party Websites that provide third party products and services that are made available to you through our Smart Services (“External Sites”). Our control of these External Sites is limited to our Smart Services sending the data and we do not endorse or control; nor are responsible for for the content of any linked External Sites. We are not to be held responsible or liable for any of the products/services/content of the External Sites as they are provided at your convenience to be accessed entirely at your own risk. We do, however, seek to protect the viability of our Website and welcome feedback regarding external links. This can include but is not limited to information regarding broken or defunct links.

INDEMNIFICATION

You shall indemnify, defend and hold us, our officers, employees, directors, successors, licensees and assigns harmless from and against any claims, actions or demands. This includes but is not limited to limitations and reasonable legal or accounting fees arising or resulting from the use of (i) your breach of our Terms (ii) your access or use of our site (iii) misuse of Smart Services (iv) our content.

TERMINATION

We reserve the right to terminate the Terms and/or your access to any/parts of the Website or the Smart Services we use at any time for any reason without any notice or liability. We also reserve the right to change, suspend, discontinue or otherwise hold any part of the Website or Smart Services from any user of the Website at any time without prior notice or liability.

MISCELLANEOUS

We respect applicable laws and regulations and seek to perform in accordance with them. Therefore, in the event that any portion of the Terms and Conditions listed here is held to be invalid or unenforceable, applicable law shall be used to reflect the original intentions of the parties in question. The remaining provisions listed in these Terms shall remain in full force and effect. This section, and the sections entitled Disclaimer, Limitation of Liability, Indemnification and Intellectual Property shall survive the termination of these terms. These Terms shall not be assigned or waived unless done so in writing. Neither the course of conduct between the parties in question nor trade practices shall act in modification or provisions of these Terms. You (the user) are solely responsible for compliance with applicable laws and regulations governing your use of this Website. These Terms contain our entire agreement with respect to our customers and the subject matter in these Terms and Conditions supersede all prior agreements whether they be oral, written or otherwise between all parties regarding the subject matter.

All questions, comments, or requests for information about our Terms should be directed to [email protected].