By “Opting In” (as such term is defined below), you accept these Terms and Conditions and agree to resolve disputes with Gener8 Solar through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” sections below.
Opting In to any of the Services is not a condition to the purchase of any products or services. Further, in connection with all Services, you consent to the use of an electronic record to document your Opt In. To withdraw that consent, request a free paper or email of the Opt In, or to update our records with your contact information, please contact support@gener8solar.com. To view and retain an electronic copy of these Terms and Conditions, you will need a device (such as a computer or mobile phone) with Internet access, and either a printer or storage space on such device. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of any of the Services.
Further, with respect to all of the Services, you consent to the handling of your information as described in the Gener8 Solar Privacy Policy. To contact Gener8 Solar customer service, please call 813-293-4190 or email info@gener8solar.com
Any dispute or claim arising out of or relating in any way to the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AND CONDITIONS AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on us at Gener8 Solar. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those AAA fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable under applicable law. This means that any claim would be decided by a judge, not a jury.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF NORTH CAROLINA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST Gener8 Solar ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE SERVICES
At Gener8 Solar LLC we realize the importance of feeling safe online and are fully committed to ensuring that our users’ privacy is respected and protected. Our Privacy Policy outlines the types of information we collect and receive from our users while our users are within this Gener8 Solar website (the “Website”), as well as ways in which we use and, sometimes, share such information.
PLEASE REVIEW THIS PRIVACY POLICY AND THE MARKETING TERMS AND CONDITIONS OF USE FOR THE WEBSITE CAREFULLY. YOUR USE OF THIS WEBSITE SIGNIFIES YOUR AGREEMENT TO THIS PRIVACY POLICY AND THE MARKETING TERMS AND CONDITIONS.
The types of information that we collect fall under two general categories: personally identifiable information (“PII”), meaning it can be used to specifically identify an individual or business, and non-personally identifiable information (“non-PII”), meaning it cannot be used to specifically identify an individual or business. The information we will collect includes:
Gener8 Solar may use the information we collect the following ways: (a) to allow your access to and use of the Website, (b) to facilitate your use of the Website, (c) to communicate with you and solicit information from you, (d) for marketing, promotional and sales purposes, including to communicate with your regarding our offerings, products and services, (e) to send you updates, newsletters, marking materials and other information that may be of interest to you, (f) to fulfill your requests for products or services, (g) to respond to your questions and comments, (h) to resolve disputes or troubleshoot problems, (i) to notify you about special offers and products or services available from us or our partners that may be of interest to you, (j) to analyze use of and improve the Website, (k) to customize your experience on the Website, including customizing the ads shown to you, (l) to prevent potentially prohibited or illegal activities and enforce our polices, (m) to comply with applicable laws, (n) to enforce our Marketing Terms and Conditions, and/or (o) as otherwise described to you at the point of collection.
The Website may contain links to third party owned and/or operated websites. Gener8 Solar is not responsible for the privacy practices or the content of such websites. We suggest that you contact these third parties directly for information regarding their privacy, security and data collection and distribution policies prior to providing them with any information.
Gener8 Solar follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while Gener8 Solar strives to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Gener8 Solar recognizes the importance of children’s safety and privacy on the Internet. Therefore, in compliance with applicable laws, Gener8 Solar does not intentionally collect PII or other information from, nor does Gener8 Solar offer any content targeted to children on the Website. Children under the age of thirteen should not use the Website as it is not targeted to children.
Gener8 Solar controls and operates the Website from the United States. The Website is not intended to subject Gener8 Solar to the laws or jurisdiction of any state, country or territory other than that of the United States. Gener8 Solar does not represent or warrant that the Website is appropriate for use in any particular jurisdiction. Those who choose to access the Website do so at their own initiative and are responsible for complying with all applicable international, federal, state and local laws, rules and regulations.
Gener8 Solar may from time to time change or update this Privacy Policy, but we will always post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. If Gener8 Solar makes material changes to this Privacy Policy, Gener8 Solar will notify you here, by e-mail, and/or by means of a notice on our homepage.
