Renewable Energy Innovations
Terms of Service
Updated
Effective Date:April 8, 2019.
The following Terms of Service (“Terms”) between you (“you” or “your”) and Renewable Energy Innovations, Inc. (“we,” “our,” “us,”) describes the terms and conditions on which you may access and use the Renewable Energy Innovations website located at www.sustainablerei.com (the “Site”) and related services including Renewable Energy Innovations services (together with the Site and the Renewable Energy Innovations Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
Notice of Agreement to Arbitrate and Class Action WaiverBy accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 7 of these Terms below.
1. ABOUT THE SERVICES
A. IntroductionThrough the Services, we aim to give you access to services and other content to help you decide which services are right for you.
B. EligibilityChildren under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the purchase of any Service, including all legal liability he or she may incur.
C. Modification of the Services or the TermsRenewable Energy Innovations may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, Renewable Energy Innovations will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to Renewable Energy Innovations upon account creation.
D. PrivacyTo learn more about our privacy practices, please read our Privacy Policy, which is available at www.sustainablerei.com/privacy (the “Privacy Policy”).
2. SALE OF SERVICES
A. General Conditions
The Services include the sale of Services. This Section 2(A) sets out terms and conditions that apply to your purchase of any Services.
18 YEARS OR OLDER. Renewable Energy Innovations sells to adults only, who may purchase the Services with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing the Services as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the purchase of Services, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any sales of Services for any reason in our sole discretion, including but not limited to availability and geographic concerns.
COLLECTIONS. If you do not pay the amounts you owe to Renewable Energy Innovations when due, then Renewable Energy Innovations will need to institute collection procedures. You agree to pay Renewable Energy Innovations’ costs of collection, including without limitation reasonable attorneys' fees.
COMMUNICATIONS. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by emailing info@sustainablerei.com. You acknowledge that opting out of receiving communications may impact your use of the Services."
B. SalesThe following additional conditions apply to the sale of any Product.
ALL SALES CAN BE TERMINATED AT ANY TIME. You acknowledge and agree that only those Services designated by us on the Site as available for purchase are eligible for purchase by you. All Services are sold without any warranty whatsoever, and all Service sales are final. No refunds are allowed. All sales can be terminated by either party at any time.
PURCHASE PRICE. The purchase price (“Purchase Price”) for the Services will be the purchase fee and delivery charges and any demonstration charges in connection with your purchase of the Services. Purchase Price and delivery charges and demonstration charges are subject to change. Renewable Energy Innovations reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by Renewable Energy Innovations, shall be paid by you to Renewable Energy Innovations in connection with your purchase order. The payment shall be paid on the following terms: Cash, Check, or bank transfer within 30 calendar days from the date of invoice. If you choose to pay by card, upon your purchase order for a Service, you hereby authorize Renewable Energy Innovations to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order.
3. Use of the Services
A. Renewable Energy Innovations Content
NO CLIENT RELATIONSHIP. The information provided on this website is free of charge and for informational purposes only and does not create a client, advisory, business, fiduciary or professional relationship between you and Renewable Energy Innovations.
UPDATES We may update the Renewable Energy Innovations Content, including Service descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to info@sustainablerei.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
B. Third Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-Renewable Energy Innovations websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Renewable Energy Innovations is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Renewable Energy Innovations, and Renewable Energy Innovations has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Renewable Energy Innovations endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
C. Acceptable Use Policy
USE OF RENEWABLE ENERGY INNOVATIONS CONTENT. No part of the Services, including the Renewable Energy Innovations Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Renewable Energy Innovations authorizes you to view, copy, download, and print Renewable Energy Innovations Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the Renewable Energy Innovations Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Renewable Energy Innovations Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Renewable Energy Innovations Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Renewable Energy Innovations considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Renewable Energy Innovations representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend Renewable Energy Innovations and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
D. Your Content
If you post, upload or make available to Renewable Energy Innovations or the Services, or otherwise submit to or through Renewable Energy Innovations as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Services (“Your Content”), you hereby grant to Renewable Energy Innovations a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Renewable Energy Innovations to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
E. Your Account
Access to parts of the Services require the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Renewable Energy Innovations promptly of any unauthorized use of your account or password.
F. Delays
There may be delays, omissions, or inaccuracies in the Services, including the Renewable Energy Innovations Content. The Service may become unavailable due to maintenance or malfunction of equipment, systems, or other reasons.
G. Job Postings
Renewable Energy Innovations may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
4. INTELLECTUAL PROPERTY
A. Ownership of the Services
The Services, including the Renewable Energy Innovations Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Renewable Energy Innovations and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Renewable Energy Innovations” and the Renewable Energy Innovations logo are registered trademarks of Renewable Energy Innovations, Inc., under the applicable laws of the United States and/or other countries. Other Renewable Energy Innovations product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of Renewable Energy Innovations and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. Renewable Energy Innovations and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any Renewable Energy Innovations Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Renewable Energy Innovations or such third party that may own such Renewable Energy Innovations Content.
B. Services License
Subject to your compliance with these Terms, Renewable Energy Innovations grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or commercial purposes.
C. Feedback
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Renewable Energy Innovations may use your Feedback without restriction or obligation to you or any third party.
5. TERMINATION
A. Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at info@sustainablerei.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
B. Termination By Renewable Energy Innovations
Any violation of these Terms, including any of the prohibitions, may result in suspension or termination of your access to the Services and/or removal of Your Content. Renewable Energy Innovations may also terminate your account and/or the Services if Renewable Energy Innovations determines that your conduct poses a risk or liability to Renewable Energy Innovations, or for any other reason as determined by Renewable Energy Innovations in its sole discretion.
C. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A), 2(B), 3(A)-(D), 4(A), 4(C), 5(C), and 6-8, including the mandatory arbitration and class-action waiver provisions.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. Warranties
No warranties are granted by Renewable Energy Innovations in connection with the Services.
B. Disclaimer of Warranties
THE SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, RENEWABLE ENERGY INNOVATIONS DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE RENEWABLE ENERGY INNOVATIONS CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
C. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RENEWABLE ENERGY INNOVATIONS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF RENEWABLE ENERGY INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
7. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 7 includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
A. Informal Process First
Both you and Renewable Energy Innovations agree that in the event of any dispute between us, you and Renewable Energy Innovations will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
B. Mandatory Arbitration of Disputes
All disputes between you and Renewable Energy Innovations will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Renewable Energy Innovations or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either Renewable Energy Innovations or you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in Irvine, California.
(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with Renewable Energy Innovations remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
C. Class Action Waiver
The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Renewable Energy Innovations shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
8. MISCELLANEOUS JURISDICTIONAL ISSUES. Renewable Energy Innovations makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Renewable Energy Innovations intends to announce or make available such products or services to the general public, or in your country. Contact Renewable Energy Innovations at info@sustainablerei.com to determine which products and services may be available to you.
EXPORT LAWS. The laws of the United States of America prohibit the export of certain software and data and Services and Products to particular persons, territories, and foreign states. You agree not to export the Services and Products, including the Renewable Energy Innovations Content, or any part thereof, in any way, in violation of United States law.
GOVERNING LAW AND VENUE. These Terms are governed and interpreted pursuant to the laws of the State of Utah, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in Utah County, Utah, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
ENTIRE AGREEMENT. These Terms are the entire agreement between you and Renewable Energy Innovations relating to the subject matter herein and shall not be modified except by Renewable Energy Innovations in accordance with these Terms, or as otherwise agreed in writing by you and Renewable Energy Innovations. No employee, agent or other representative of Renewable Energy Innovations has any authority to bind Renewable Energy Innovations with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Renewable Energy Innovations may assign these Terms at any time without notice to you.
FORCE MAJEURE. Renewable Energy Innovations will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Renewable Energy Innovations’ reasonable control.
CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to Renewable Energy Innovations at info@sustainablerei.com.
Terms of Service
Updated
Effective Date:April 8, 2019.
The following Terms of Service (“Terms”) between you (“you” or “your”) and Renewable Energy Innovations, Inc. (“we,” “our,” “us,”) describes the terms and conditions on which you may access and use the Renewable Energy Innovations website located at www.sustainablerei.com (the “Site”) and related services including Renewable Energy Innovations services (together with the Site and the Renewable Energy Innovations Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
Notice of Agreement to Arbitrate and Class Action WaiverBy accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 7 of these Terms below.
1. ABOUT THE SERVICES
A. IntroductionThrough the Services, we aim to give you access to services and other content to help you decide which services are right for you.
B. EligibilityChildren under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the purchase of any Service, including all legal liability he or she may incur.
C. Modification of the Services or the TermsRenewable Energy Innovations may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, Renewable Energy Innovations will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to Renewable Energy Innovations upon account creation.
D. PrivacyTo learn more about our privacy practices, please read our Privacy Policy, which is available at www.sustainablerei.com/privacy (the “Privacy Policy”).
2. SALE OF SERVICES
A. General Conditions
The Services include the sale of Services. This Section 2(A) sets out terms and conditions that apply to your purchase of any Services.
18 YEARS OR OLDER. Renewable Energy Innovations sells to adults only, who may purchase the Services with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing the Services as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the purchase of Services, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any sales of Services for any reason in our sole discretion, including but not limited to availability and geographic concerns.
COLLECTIONS. If you do not pay the amounts you owe to Renewable Energy Innovations when due, then Renewable Energy Innovations will need to institute collection procedures. You agree to pay Renewable Energy Innovations’ costs of collection, including without limitation reasonable attorneys' fees.
COMMUNICATIONS. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by emailing info@sustainablerei.com. You acknowledge that opting out of receiving communications may impact your use of the Services."
B. SalesThe following additional conditions apply to the sale of any Product.
ALL SALES CAN BE TERMINATED AT ANY TIME. You acknowledge and agree that only those Services designated by us on the Site as available for purchase are eligible for purchase by you. All Services are sold without any warranty whatsoever, and all Service sales are final. No refunds are allowed. All sales can be terminated by either party at any time.
PURCHASE PRICE. The purchase price (“Purchase Price”) for the Services will be the purchase fee and delivery charges and any demonstration charges in connection with your purchase of the Services. Purchase Price and delivery charges and demonstration charges are subject to change. Renewable Energy Innovations reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by Renewable Energy Innovations, shall be paid by you to Renewable Energy Innovations in connection with your purchase order. The payment shall be paid on the following terms: Cash, Check, or bank transfer within 30 calendar days from the date of invoice. If you choose to pay by card, upon your purchase order for a Service, you hereby authorize Renewable Energy Innovations to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order.
3. Use of the Services
A. Renewable Energy Innovations Content
NO CLIENT RELATIONSHIP. The information provided on this website is free of charge and for informational purposes only and does not create a client, advisory, business, fiduciary or professional relationship between you and Renewable Energy Innovations.
UPDATES We may update the Renewable Energy Innovations Content, including Service descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to info@sustainablerei.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
B. Third Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-Renewable Energy Innovations websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Renewable Energy Innovations is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Renewable Energy Innovations, and Renewable Energy Innovations has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Renewable Energy Innovations endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
C. Acceptable Use Policy
USE OF RENEWABLE ENERGY INNOVATIONS CONTENT. No part of the Services, including the Renewable Energy Innovations Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Renewable Energy Innovations authorizes you to view, copy, download, and print Renewable Energy Innovations Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the Renewable Energy Innovations Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Renewable Energy Innovations Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Renewable Energy Innovations Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Renewable Energy Innovations considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Renewable Energy Innovations representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend Renewable Energy Innovations and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
D. Your Content
If you post, upload or make available to Renewable Energy Innovations or the Services, or otherwise submit to or through Renewable Energy Innovations as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Services (“Your Content”), you hereby grant to Renewable Energy Innovations a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Renewable Energy Innovations to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
E. Your Account
Access to parts of the Services require the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Renewable Energy Innovations promptly of any unauthorized use of your account or password.
F. Delays
There may be delays, omissions, or inaccuracies in the Services, including the Renewable Energy Innovations Content. The Service may become unavailable due to maintenance or malfunction of equipment, systems, or other reasons.
G. Job Postings
Renewable Energy Innovations may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
4. INTELLECTUAL PROPERTY
A. Ownership of the Services
The Services, including the Renewable Energy Innovations Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Renewable Energy Innovations and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Renewable Energy Innovations” and the Renewable Energy Innovations logo are registered trademarks of Renewable Energy Innovations, Inc., under the applicable laws of the United States and/or other countries. Other Renewable Energy Innovations product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of Renewable Energy Innovations and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. Renewable Energy Innovations and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any Renewable Energy Innovations Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Renewable Energy Innovations or such third party that may own such Renewable Energy Innovations Content.
B. Services License
Subject to your compliance with these Terms, Renewable Energy Innovations grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or commercial purposes.
C. Feedback
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Renewable Energy Innovations may use your Feedback without restriction or obligation to you or any third party.
5. TERMINATION
A. Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at info@sustainablerei.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
B. Termination By Renewable Energy Innovations
Any violation of these Terms, including any of the prohibitions, may result in suspension or termination of your access to the Services and/or removal of Your Content. Renewable Energy Innovations may also terminate your account and/or the Services if Renewable Energy Innovations determines that your conduct poses a risk or liability to Renewable Energy Innovations, or for any other reason as determined by Renewable Energy Innovations in its sole discretion.
C. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A), 2(B), 3(A)-(D), 4(A), 4(C), 5(C), and 6-8, including the mandatory arbitration and class-action waiver provisions.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. Warranties
No warranties are granted by Renewable Energy Innovations in connection with the Services.
B. Disclaimer of Warranties
THE SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, RENEWABLE ENERGY INNOVATIONS DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE RENEWABLE ENERGY INNOVATIONS CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
C. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL RENEWABLE ENERGY INNOVATIONS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF RENEWABLE ENERGY INNOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
7. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 7 includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
A. Informal Process First
Both you and Renewable Energy Innovations agree that in the event of any dispute between us, you and Renewable Energy Innovations will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
B. Mandatory Arbitration of Disputes
All disputes between you and Renewable Energy Innovations will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Renewable Energy Innovations or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either Renewable Energy Innovations or you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in Irvine, California.
(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with Renewable Energy Innovations remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
C. Class Action Waiver
The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Renewable Energy Innovations shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
8. MISCELLANEOUS JURISDICTIONAL ISSUES. Renewable Energy Innovations makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Renewable Energy Innovations intends to announce or make available such products or services to the general public, or in your country. Contact Renewable Energy Innovations at info@sustainablerei.com to determine which products and services may be available to you.
EXPORT LAWS. The laws of the United States of America prohibit the export of certain software and data and Services and Products to particular persons, territories, and foreign states. You agree not to export the Services and Products, including the Renewable Energy Innovations Content, or any part thereof, in any way, in violation of United States law.
GOVERNING LAW AND VENUE. These Terms are governed and interpreted pursuant to the laws of the State of Utah, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in Utah County, Utah, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
ENTIRE AGREEMENT. These Terms are the entire agreement between you and Renewable Energy Innovations relating to the subject matter herein and shall not be modified except by Renewable Energy Innovations in accordance with these Terms, or as otherwise agreed in writing by you and Renewable Energy Innovations. No employee, agent or other representative of Renewable Energy Innovations has any authority to bind Renewable Energy Innovations with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Renewable Energy Innovations may assign these Terms at any time without notice to you.
FORCE MAJEURE. Renewable Energy Innovations will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Renewable Energy Innovations’ reasonable control.
CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to Renewable Energy Innovations at info@sustainablerei.com.