Welcome! We are Discover Marketing Inc. doing business as Discover Solar Deals ("Company," "we," "us," "our").
We operate the website https://discoversolardeals.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Discover Marketing Inc. concerning your access to and use of the Services. By accessing, browsing or using the Services, either directly or indirectly, you acknowledge that you have read, understood, and agreed to be bound by all of these Legal Terms and our Privacy Policy. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time, including but not limited to any terms of service, user agreements, or disclaimers, are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will give notice to any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us, the Company, to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Company respects the privacy of its Service users. Please refer to the Company's Privacy Policy, available here , which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use.
Your Use of our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@discoversolardeals.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your Submissions
Please review this section carefully prior to using our Services to understand the (a) rights you grant us and (b) obligations you have when you post any content through the Services.
Submissions: By directly, or indirectly through third parties, sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you irrevocably assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
You are solely responsible for your Submissions, and you expressly agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agent from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or us of the Services, your Submissions, any breach of your representations and warranties herein, any violation of applicable law.
We reserve the right, at our sole discretion and without obligation, to monitor, review, edit, or remove any Submissions posted, uploaded, or transmitted through the Services. We do not endorse any Submissions, and any use or reliance on any Submissions by you is at your own risk. We are not responsible for the content and accuracy of any submissions, and we do not have any liability for any loss or damage resulting from your reliance on any Submission or your use of the Services.
If you become aware of any Submission that violates our Legal Terms, you agree to promptly notify us, providing sufficient information for us to take appropriate action. We reserve the right, but have no obligation, to take any action we deem appropriate in response to any such notification, including, without limitation, removing the relevant Submission or terminating the access to the Services of the person who posted or transmitted the submission.
You and the Services agree that we may access, store, process, and utilize any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions, feedback, or other input regarding the Services, you acknowledge and agree that we have the right to use, share, and disseminate such Contributions for any purpose, without any obligations to provide compensation or attribution to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with them. We shall not be held liable for any statements, representations, or assertions made your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses arising from or relating to your Contributions.
You hereby grant us a non-exclusive, royalty-free, world-wide, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Contributions, in whole or in part, and to incorporate them into other works in any form, media, or technology now known or later developed, for any purpose, without compensation or attribution to you. You also agree to waive any moral rights or similar rights in your Contributions to the extent permitted by applicable law.
We reserve the right, at our sole discretion, but not the obligation, to: (1) monitor the Services for potential violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, breaches applicable law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) at our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) at our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) manage the Services in a manner designed to protect our rights, property, and interests, and to facilitate the proper functioning of the Services.
By implementing the aforementioned measures, we aim to maintain a secure and efficient platform for all users while safeguarding our legal interests and complying with applicable laws and regulations.
We do not provide you with the equipment to access the Site. You are responsible for all fees charged by third parties to access the Site.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
The Site may contain affiliate links or advertisements. If you choose to purchase products or services through these affiliate links or advertisements, the Company may receive a commission or compensation. The Company has no control over third party websites and third party applications,software or content or the promotions, materials, information, goods or services available on these third party websites or third party applications, software or content. Such third party websites and third party applications, software or content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any third party websites accessed through the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies. If you decide to leave the Site and access the third party websites or to use or install any third party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. The Company is not responsible or liable for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party websites or third party applications, software or content.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES. WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR MALWARE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE SHALL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE ADVISED TO USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE WHEN ENGAGING IN TRANSACTIONS THROUGH THE SERVICES OR LINKED WEBSITES AND MOBILE APPLICATIONS.
Accessing the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $10,000.00 USD. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any harmful act committed by you toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We shall use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
These Legal Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Illinois, applicable to agreement made, executed, and fully performed within the State of Illinois, without giving effect to its conflict of law principles or any other jurisdiction’s laws that might otherwise apply.
By accepting these Legal Terms, you agree that any disputes, claims, or controversies arising out of or relating to the Services or these Legal Terms shall be subject to the exclusive jurisdiction of the courts located within the State of Illinois, and you hereby submit to the personal jurisdiction of such courts for the purpose of resolving any such disputes, claims, or controversies.
Informal Negotiations
To facilitate prompt resolution and minimize the costs associated with any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes"), the Parties, which consist of you and us, shall initially attempt to negotiate any Dispute (excluding those Disputes expressly delineated below) informally for a minimum thirty (30) days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one Party to the other Party.
Binding Arbitration
In the event the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (excluding those Disputes expressly delineated below) shall be finally and exclusively resolved by binding arbitration. THE PARTIES ACKNOWLEDGE THAT, ABSENT THIS PROVISION, THEY WOULD HAVE THE RIGHT TO LITIGATE IN COURT AND REQUEST A JURY TRIAL. The arbitration process shall commence and be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are accessible at the AAA website www.adr.org. The Parties’ arbitration fees and their respective shares of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. In the event that the arbitrator determines such costs to be excessive, we shall bear all arbitration fees and expenses. The arbitration may be conducted in person, via document submission, by phone, or online. The arbitrator shall issue a written decision, and, upon request by either Party, provide a statement of reasons. The arbitrator must adhere to applicable law, and any award may be challenged if the arbitrator fails to do so. Unless otherwise required by the applicable AAA rules or applicable law, the arbitration shall take place in Cook County, Illinois. The Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award rendered by the arbitrator, as applicable.
In the event that a Dispute proceeds in court rather than arbitration, for any reason, the Dispute shall be commenced or prosecuted in the state and federal courts located in Cook County, Illinois. The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Legal Terms.
No Dispute arising from or related in any way to the Services shall be commenced by either Party more than one (1) years after the cause of action arose. If this provision is deemed illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion of this provision deemed illegal or unenforceable, and such Dispute shall be resolved by a court of competent jurisdiction within the courts designation for jurisdiction above. The Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be initiated in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
In order to resolve a complaint regarding the Services or if you have any questions or concerns about the Site or these Terms, please contact us at info@discoversolardeals.com. We will reply to your inquiry as soon as we can and in any event, within 30 days.
Last Updated May 01, 2023