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Terms of Use & Conditions 

*Sunray Solar Solutions Terms of Use*

 

Welcome to our website, and any digital services or applications linking to these Terms of Use ("Agreement") (collectively, the "Digital Platforms"). The Digital Platforms are operated by Sunray Solar Solutions and any of its subsidiaries (collectively, "Sunray Solar Solutions", "we", "our" or "us").

 

This document explains the terms that apply to your use of the Digital Platforms, including the use of the Sunray Solar Solutions website at gosunray.com, our monitoring site and application, and our applications. This Agreement is a legally binding contract between you and Sunray Solar Solutions.

 

BY ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS, INCLUDING BROWSING OUR WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT USE THE DIGITAL PLATFORMS.

 

Please note that in order to use the interactive features (if any) of the Digital Platforms, and to the extent you are eligible to access such features, you may be required to first register for an account with us through an online registration process, which is not transferrable.

 

1. Your use of the Digital Platforms

2. Rules governing all public contributions, forums and other interactive features

3. Grant of license to us to use your Contributions

4. Use and protection of your account number and password

5. Our intellectual property rights

6. Our management of the Digital Platforms and user misconduct

7. Term, termination, and survival

8. Copyright policy

9. Updates to the Digital Platforms and this Agreement and Discontinuation of Digital Platforms and Services

10. Third Party Sites

11. Disputes between users

12. Disputes with us: governing law and jurisdiction

13. Warranties and Limitation of Liability

14. Liquidated damages for spam

15. You indemnify us

16. Linking to our Site

17. Miscellaneous

18. Contact us

 

*1. Your use of Digital Platforms*

 

When you use the Digital Platforms, you represent and warrant the following:

 

A. Any information you submit is truthful and accurate.

B. You will provide accurate information about yourself. It is prohibited to use false information or impersonate another person or company in your interactions with us or in connection with your use of the Digital Platform, this includes misrepresenting the nature of your relationship with Sunray Solar Solutions.

C. If you have registered an account with us, you will update your contact information if it changes so that we can contact you.

D. Your use of the Digital Platforms and your use of services available on the Digital Platforms do not breach any applicable law or regulation and are not unlawful, deceptive or fraudulent.

E. If you register an account with us, you are 18 years of age or older, and if you are registering with or using the Digital Platforms on behalf of a business entity, you have the authority to agree to this Agreement on behalf of the business.

F. You will comply with our rules governing the use of the interactive features of the Digital Platforms as set out in Section 2 below.

G. You are solely responsible for any activity on any registered account or profile. If you share your account with other people, you are responsible for all activity conducted by those people.

H. You will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Digital Platforms or the networks or services connected to the Digital Platforms, including without limitation, hacking into the Digital Platforms, or using the Digital Platforms to send unsolicited or commercial emails, bulletins, comments or other communications.

I. You will not use the Digital Platforms for any unauthorized purpose, including but not limited to collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, to sell data available on the Digital Platforms, or engaging in framing of, or linking to, the Digital Platforms without our express written consent.

J. You will not sell or let others use your password or registration for the Digital Platforms, provide false or misleading identification or address information, or invade the privacy or breach a personal, confidentiality or proprietary right, of any person or entity.

K. You will not knowingly transmit any data, send or upload any Contribution or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any of the Digital Platforms or any computer software or hardware.

L. You will not crawl, scrape, or spider any page of the Digital Platforms. Nor will you reverse engineer (to attempt to), create back doors or any form of unauthorized or misrepresented access to the Digital Platforms. Nor will you attempt to obtain the source code of the Digital Platforms.

M. You will not and are not, nor are you authorizing someone to, submit(ting) information to Sunray Solar Solutions, including inquiries for information about Sunray Solar Solutions products or services, e.g. lead information, for the purpose of trolling, or for the purpose of creating an alleged claim under an applicable consumer protection law against Sunray Solar Solutions, e.g. claims under the Telephone Consumer Protection Act.

 

You also represent and warrant that you will comply with all applicable local laws governing your online conduct and your uploading of Contributions (as defined in Section 2 below) to the Digital Platforms.

 

*2. Rules governing all public contributions, forums and other interactive features*

 

The Digital Platforms may provide features that allow you to share information and materials with us and other users, which includes any feedback from you about the Digital Platforms and improvements thereto. Please make sure you read our Privacy Policy, which provides important information about your online privacy and our use of information that we collect about you. You are solely responsible for the content of, and any harm resulting from, any of your postings or submissions to the Digital Platforms ("Contributions"). When you create or make available a Contribution, you represent and warrant the following:

 

A. Own or have sufficient rights to post or submit your Contribution on or through the Digital Platforms.

B. Will not post Contributions that infringe any rights of Sunray Solar Solutions or any other person or entity, including intellectual property and other proprietary rights, confidentiality rights and contractual rights or obligations.

C. Have fully complied with any third-party licenses relating to your Contributions and agree to pay all royalties, fees and other monies owed to any person or entity by reason of Contributions that you have posted or submitted on or through the Digital Platform.

D. Will not post or submit a Contribution that:

   i. Is defamatory, damaging, disruptive, unlawful, intentionally inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable;

   ii. Incites, encourages or threatens immediate physical harm against another group or person;

   iii. Promotes racism, bigotry, sexism, religious intolerance or harm against any group or individual; or

   iv. Contains material that solicits or attempts to solicit personal information from anyone under 18 or exploits anyone in a sexual or violent manner.

E. You will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services).

F. You will not post Contributions or take any other action that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, including technologies designated to enable you or others to gather information about or monitor the on-line or other activities of another party.

 

*3. Grant of license to us to use your Contributions*

 

By making a Contribution to the Digital Platforms, which includes any data generated relating to your solar installation on our through our monitoring application, you grant us a perpetual, non-exclusive (meaning you remain free to license your Contribution to others), fully-paid up, royalty-free (meaning we are not required to pay you for our use of your Contributions), sub-licensable (meaning that we can grant others the right to use your Contributions, for example, a company hosting the Digital Platforms) and worldwide (because the Internet and the Digital Platforms can be accessed from anywhere in the world) license to use, modify, create derivative works of, publicly perform and display, reproduce, communicate, commercialize, and distribute the Contributions without any further compensation, attribution, or notice to you. You agree not to assert any moral rights or rights of publicity against us for using your Contributions. You also recognize our legitimate interest in using your Contribution, in accordance with the scope of this license, to the extent your Contributions contain any personal information.

 

*Feedback and Suggestions* - If you provide any suggestions, product improvements, enhancement requests, recommendations or other feedback (collectively "Feedback") relating to any of the Digital Platforms, you grant us a perpetual, non-exclusive, fully-paid up, royalty-free, sub-licensable, and worldwide license to use, modify, create derivative work of, publicly perform and display, reproduce, communicate, commercialize and distribute such Feedback without any further compensation, attribution or notice to you. You agree not to assert any moral rights or rights of publicity against us for using your Feedback, and you recognize our legitimate interest in using your Feedback, in accordance with the scope of this license, to the extent it contains any personal information.

 

*4. Use and protection of your account number and password*

 

You are responsible for keeping secret and confidential any account numbers and passwords you may have when registering for an account on the Digital Platforms. You are responsible for all uses of your account(s), whether or not actually or expressly authorized by you. We may restrict or limit account

 

(s) or access to the Digital Platforms without notice if we suspect that you are breaching this Agreement or if you use the Digital Platforms in a manner that is unlawful or unethical.

 

*5. Our intellectual property rights*

 

All content and materials included as part of the Digital Platforms, including without limitation, the Sunray Solar Solutions name and logo and all designs, text, graphics, pictures, information, data, software, sound files, and other files, and the selection and arrangement thereof (collectively "Content"), are the property of Sunray Solar Solutions or its licensors or users and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

 

Sunray Solar Solutions, and all other related names, logos, product and service names, designs and slogans are trademarks of Sunray Solar Solutions or its affiliates or licensors. You must not use such marks without the prior written permission of Sunray Solar Solutions. All other names, logos, product and service names, designs and slogans on the Digital Platforms are the trademarks of their respective owners.

 

You are granted a limited, non-sub-licensable, non-exclusive, non-transferable, and revocable license to access and use the Digital Platforms and the Content for your personal, non-commercial use in accordance with the terms of this Agreement and any additional terms and conditions set forth in writing by us. Any use of the Digital Platforms or the Content other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license granted in this Agreement and violate our intellectual property rights.

 

*6. Our management of the Digital Platforms and user misconduct*

 

We reserve the right but do not have the obligation to:

 

A. Monitor or review the Digital Platforms for violations of this Agreement and for compliance with our policies;

B. Report to law enforcement authorities and/or take legal action against anyone who violates this Agreement or any applicable law;

C. Refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any user Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome;

D. Manage the Digital Platforms in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the Digital Platforms; and

E. Terminate or block you and other users from using the Digital Platforms.

 

If you engage in Prohibited Activities, we may remove any Contributions, terminate your registration or account, and report you to law enforcement authorities or take legal action against you. Prohibited Activities are activities that:

 

A. Violate any local, state, provincial, national, or international law or regulation;

B. Involve threats, stalking, harm, harassment, or advocating the harassment of another person or entity;

C. Involve the exploitation of people in a sexual, violent, or other manner;

D. Involve sending unsolicited commercial emails, e.g., spam, or solicitations;

E. Involve the transmission of any data, send or upload any Contribution or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any of the Digital Platforms or any computer software or hardware;

F. Involve activities or Contributions that are offensive, unlawful, false, inaccurate, misleading, defamatory, slanderous, libelous, abusive, obscene, vulgar, pornographic, objectionable, invasive of privacy, or infringe on the rights of any other person or entity;

G. Involve activities that constitute (or attempt to engage in) criminal conduct, including child exploitation, fraud, trafficking in obscene or stolen material, dealing in drugs, illegal gambling, and threats to public safety;

H. Involve hacking, cracking, phishing, SQL injection, exploitations or any other unauthorized access or activity;

I. Involve creating or attempting to create an impression that you have a relationship or affiliation with us or our products or services that does not exist;

J. Impersonate another person or entity or misrepresent your affiliation with a person or entity;

K. Involve unauthorized access to the Digital Platforms, or any part of them, or other accounts, computer systems or networks connected to the Digital Platforms, including but not limited to the use of robots, spiders, or other automated means to gain unauthorized access;

L. Involve the use of the Digital Platforms in a manner that could disable, overburden, damage, or impair the Digital Platforms or interfere with any other party's use of the Digital Platforms, including their ability to engage in real time activities through the Digital Platforms;

M. Remove or alter any copyright, trademark or other proprietary rights notices from the Digital Platforms or materials available on the Digital Platforms;

N. Use any software or device that interferes with the proper working of the Digital Platforms, or activities conducted on the Digital Platforms, or attempt to bypass any measures we may use to prevent or restrict access to the Digital Platforms;

O. Collect or store personal data about other users of the Digital Platforms without their express permission;

P. Reverse engineer, decompile, or disassemble any portion of the Digital Platforms, except where such restriction is expressly prohibited by applicable law;

Q. Engage in any conduct which violates the terms of this Agreement or any other policies that we may adopt.

 

You understand that your failure to comply with the terms of this Agreement may result in suspension or termination of your use of the Digital Platforms and may subject you to civil and criminal penalties.

 

*7. Term, termination, and survival*

 

This Agreement remains in full force and effect while you use the Digital Platforms. We may terminate or suspend your use of the Digital Platforms or your account at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your account, your right to use the Digital Platforms will immediately cease, but the following provisions of this Agreement will still apply: Section 3 (Grant of license to us to use your Contributions), Section 4 (Use and protection of your account number and password), Section 5 (Our intellectual property rights), Section 7 (Term, termination, and survival), Section 12 (Disputes with us: governing law and jurisdiction), Section 13 (Warranties and Limitation of Liability), and Section 15 (You indemnify us).

 

We may also permanently or temporarily terminate or suspend your access to the Digital Platforms without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement or for no reason. Upon termination of this Agreement for any reason, you will continue to be bound by the terms of this Agreement, which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

*8. Copyright policy*

 

Sunray Solar Solutions respects the intellectual property rights of others and expects its users to do the same. It is our policy to terminate access of users who repeatedly infringe the copyrights of others in appropriate circumstances. If you believe that your work has been copied and posted on or through the Digital Platforms in a way that constitutes copyright infringement, please provide us with the following information:

A. A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner;

B. Identification of the copyrighted work claimed to have been infringed;

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

D. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;

E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Please contact us for any claims of copyright infringement at info@sunray.com.

 

*9. Updates to the Digital Platforms and this Agreement and Discontinuation of Digital Platforms and Services*

 

We may change this Agreement or the Digital Platforms at any time, at our sole discretion, and without notice to you, by posting updated or revised terms on the Digital Platforms. We will indicate at the top of this page the date this Agreement was last revised. If you use the Digital Platforms after any changes are posted, you agree to be bound by the changes. We encourage you to review this Agreement periodically to stay informed of the latest modifications.

 

We may also, at our sole discretion, cease operation of the Digital Platforms and/or any services provided through the Digital Platforms, and terminate your use of the Digital Platforms and/or services provided through the Digital Platforms, at any time and without notice to you, for any reason or for no reason.

[6/5/2024 12:02 PM] Ajay Soni: The document "Sunray Terms of Use" provides comprehensive guidelines and policies for users of Sunray Solar Solutions' digital platforms. Here is the extracted content from the provided PDFs in its original form:

 

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*Sunray Solar Solutions Terms of Use*

 

Welcome to our website, and any digital services or applications linking to these Terms of Use ("Agreement") (collectively, the "Digital Platforms"). The Digital Platforms are operated by Sunray Solar Solutions and any of its subsidiaries (collectively, "Sunray Solar Solutions", "we", "our" or "us").

 

This document explains the terms that apply to your use of the Digital Platforms, including the use of the Sunray Solar Solutions website at gosunray.com, our monitoring site and application, and our applications. This Agreement is a legally binding contract between you and Sunray Solar Solutions.

 

BY ACCESSING OR OTHERWISE USING THE DIGITAL PLATFORMS, INCLUDING BROWSING OUR WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND

 

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### 9. Updates to the Digital Platforms and this Agreement and Discontinuation of Digital Platforms and Related Services

The material and information available on the Digital Platforms may become out of date at any given time and we are under no obligation to update the contents of the Digital Platforms. Sunray Solar Solutions reserves the right to change, suspend or discontinue any aspect of the Digital Platforms at any time, for any reason. We will not be liable to you for the effect that any changes to the Digital Platforms may have on you, including on your business, income, or ability to generate revenue. We may modify this Agreement from time to time. We will contact registered users if we do so, which is why it is important that you notify us immediately if your email address changes. If you are a registered user, you may be asked to click to accept the new agreement the next time you log on to the Digital Platforms in order to be able to use the Digital Platforms. We will also put any revised versions of this Agreement on the Digital Platforms. It is therefore important that you regularly check the Digital Platforms.

 

### 10. Third Party Sites

The Digital Platforms may contain links to other websites ("Third Party Sites"). We do not own or operate the Third-Party Sites, and we have not reviewed the material, including goods or services, made available through Third Party Sites. The availability of these links on the Digital Platforms does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws. This Agreement does not apply to your use of Third-Party Sites. You should review the Third-Party Sites' terms and conditions, privacy policy and all other site documents, and make sure you understand the regulations, policies and practices that apply when you access them.

 

### 11. Disputes between Users

You are solely responsible for your conduct when accessing and using the Digital Platforms. You agree that we cannot be liable for any dispute that arises between you and any other user.

 

### 12. Disputes with Us: Governing Law and Jurisdiction

 

A. Any dispute arising in relation to your access and use of the Digital Platforms (including any non-contractual dispute or claim) shall be governed by the laws of California (exclusive of its choice of law provisions) and, in line with the below, you and we agree to submit to the exclusive jurisdiction of the courts in San Jose, California.

 

B. You and Sunray Solar Solutions agree that any dispute or claim arising from or relating to this Agreement shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association, and its applicable rules, (the "relevant AAA Rules") then in effect (those rules are deemed incorporated by reference into this section, and as of the date of this Agreement, you can find the AAA Rules here). For clarity, disputes between us and a consumer user shall be specifically governed by the AAA Consumer Arbitration Rules then in effect. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction per the above Section 12(1). Any arbitration under this Agreement will take place on an individual basis class arbitrations and class actions are not permitted. You understand that by agreeing to the Agreement, you and Sunray Solar Solutions are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your individual claim in "small claims" court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

 

C. Cost of Arbitration Payment for any and all reasonable filing fees, administrative costs and arbitrator fees will be in accordance with the relevant AAA Rules. If the value of your claim does not exceed $10,000 USD, Sunray Solar Solutions will pay for the reasonable filing fees, administrative costs and arbitrator fees, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.

 

### 13. Warranties and Limitation of Liability

Contributions, information and other materials made available on the Digital Platforms, whether by Sunray Solar Solutions or other users of the Digital Platforms, are not intended to amount to advice on which reliance should be placed. WE THEREFORE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY USER OF OR VISITOR TO THE DIGITAL PLATFORMS, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. By operating the Digital Platforms, we do not represent or imply that we endorse any Contributions or any other materials available on or linked to by the Digital Platforms, including without limitation, content hosted on Third Party Sites, or that we believe such Contributions or any other materials are complete, accurate, useful or non-harmful. We do not promise any specific results from the use of the Digital Platforms. No advice or information, whether oral or written, obtained by you from us or the Digital Platforms shall create any warranty not expressly stated in this Agreement.

 

ALL DIGITAL PLATFORMS, INCLUDING THE CONTENT, INFORMATION OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE DIGITAL PLATFORMS ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND (TO THE FULLEST EXTENT PERMITTED BY LAW) WITHOUT WARRANTY (EXPRESS OR IMPLIED) OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE DIGITAL PLATFORMS AND YOUR USE OF IT DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

 

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE DIGITAL PLATFORMS, THE CONTENT OF ANY SITE LINKED TO THE DIGITAL PLATFORMS, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE DIGITAL PLATFORMS. WE DO NOT GUARANTEE THAT: (I) THE DIGITAL PLATFORMS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND/OR (IV) THE RESULTS OF USING THE DIGITAL PLATFORMS WILL MEET YOUR EXPECTATIONS. YOU USE THE DIGITAL PLATFORMS SOLELY AT YOUR OWN RISK. DATA GENERATED OR REFLECTED IN THE DIGITAL PLATFORMS RELATING TO THE POWER OUTPUT OR PERFORMANCE OF YOUR SOLAR SYSTEM IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CREATE ANY RIGHT, CLAIM, WARRANTY OR CAUSE OF ACTION FOR YOU OR YOUR BENEFIT. SOLAR SYSTEM INFORMATION REFLECTED IN THE DIGITAL PLATFORMS IS NOT A GUARANTY OF PERFORMANCE OR PRODUCTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE INCONSISTENT WITH APPLICABLE LAW.

 

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DIGITAL PLATFORMS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL PLATFORMS BY ANY THIRD PARTY, AND/OR (F) ANY 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 DIGITAL PLATFORMS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE DIGITAL PLATFORMS, CONTRIBUTIONS, INFORMATION OR ANY OTHER MATERIALS ON THE DIGITAL PLATFORMS, INCLUDING WITHOUT LIMITATION ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DIGITAL PLATFORMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL PLATFORMS BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL PLATFORMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS (US $50) OR (B) AMOUNTS YOU HAVE PAID SUNRAY SOLAR SOLUTIONS IN THE PRIOR 12 MONTHS (IF ANY).

 

THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

IF YOU ARE A RESIDENT OF CALIFORNIA, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 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 OR HER SETTLEMENT WITH THE DEBTOR."

 

### 14. Miscellaneous

 

A. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, all of which shall remain in full force and effect.

 

B. Section titles are for convenience only and have no legal or contractual effect.

 

C. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Sunray Solar Solutions's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

D. You agree that the provisions of this Agreement that by their nature should survive termination will survive any termination or expiration of this Agreement.

 

E. Sunray Solar Solutions may assign this Agreement at any time to any party at its discretion. This Agreement may not be assigned by you without our prior written consent.

 

F. This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

G. This Agreement, along with any amendments and any additional agreements you may enter into with us in connection with the Digital Platforms, shall constitute the entire agreement between you and us concerning the Digital Platforms. If any provision of this Agreement is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect.

 

### 15. Contact Information

 

If you have any questions regarding this Agreement or the Digital Platforms, you can contact us by email at www.info.gosunray@gmail.com">www.info.gosunray@gmail.com.

 

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