Terms of Service

General:

Last updated: October 13, 2023

These Terms of Service ("Terms") govern your use of the website and services provided by Scale Solar LLC ("we," "our," or "us"). By accessing or using our website and services, you agree to comply with these Terms.

Description of Website and Services: This website and the products offered provide paid training programs for sales training and business development within the solar power industry.

By using our website and services, you agree to be bound by these Terms of Service and represent and warrant to Scale Solar LLC that you will access and use the products and services in accordance with the Terms stated herein and with all applicable laws of the United States and any other relevant jurisdiction. If you do not agree to these Terms, please do not use our website or services.

2.1. Eligibility: You must be at least 18 years old or the legal age of majority in your jurisdiction to use our services. If you are using our services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2.2. Registration: To access certain features of our services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information.

2.3. Prohibited Activities: You agree not to engage in any of the following activities:

Violating any applicable laws and regulations.

Impersonating any person or entity.

Transmitting viruses, malware, or any other harmful code.

Attempting to gain unauthorized access to our systems or user accounts.

3. Ordering and Payment: You agree to pay the fees for any products/services/training courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as invoice or direct debit) for those fees. Scale Solar LLC works with third party payment processing partners (PayPal and Stripe) to offer you the most convenient payment methods in your country and to keep your payment information secure.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the product/service/course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any product/service/course for which we have not received adequate payments.

3.1. Product Descriptions: We make our best effort to provide accurate product descriptions and prices, but we do not warrant that product descriptions, pricing, or other content on the website is error-free.

3.2. Payment: We use secure payment processing methods per industry standards, and you agree to pay for all products and services ordered through our website.

4. Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Scale Solar LLC and is protected by copyright and other intellectual property laws. You may not use, reproduce, or distribute any content from our website without our written consent.

5. No Representations or Warranties and Limitation of Liability

The service, including all images, audio files and other content herein, and any other information, property and rights granted or provided to you by Scale Solar LLC are provided to you on an “as is” basis. Scale Solar LLC and its suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, Scale Solar LLC does not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons. We are not liable for any direct, indirect, incidental, special, or consequential damages that result from your use or inability to use our services or any errors or omissions on our website.

You agree to defend, indemnify and hold harmless Scale Solar LLC and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions.

We reserve the right to terminate or suspend your account and access to our services at our sole discretion, without notice, for any violation of these Terms.

When you use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

Unless otherwise required, these Terms and your access and use of this site are governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws principles. Any disputes will be subject to the exclusive jurisdiction of the courts in United States, Florida subject to the arbitration provision below.

YOU AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS OR RELATING TO THE SITE OR ITS CONTENT THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.

WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, (I) YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY AND (II) YOU MAY NOT BRING A CLAIM AGAINST SCALE SOLAR LLC IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to Scale Solar LLC’s right to appeal.

Good Faith Discussions. You and Scale Solar LLC must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.

Rules. You and Scale Solar LLC agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/Rules.

You and Scale Solar LLC agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.

Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.

Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site, including as to the enforceability and/or formation of this agreement to arbitrate made between you and Scale Solar LLC.

Location. You agree that arbitration shall take place exclusively in United States, Florida. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.

Time Limit. Any claim by you arising in connection with the Site must be commenced by you within one (1) year of the dispute giving rise to the claim.

Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third-party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.

The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties, but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.

Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.

Exceptions. Notwithstanding anything to the contrary herein, you and Scale Solar LLC each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.

We may update these Terms from time to time. Any changes will be posted on our website, and it is your responsibility to review them. Your continued use of our services after changes are posted constitutes your acceptance of the revised Terms.

Use of the Service is also governed by our Privacy Policy. By using these Products/Services, you thereby consent to the terms of the Privacy Policy.

If you have any questions or concerns about these Terms, please contact us at admin@scalesolar.com.