Terms & Conditions
Effective: January 1, 2020 By accessing the ThinkSolar.com website (the “Website”), you agree to be bound by these terms and conditions (the “Terms”). Please read these Terms carefully. If you do not agree to these Terms, please exit the Website immediately. Insurance Referral Service Our insurance service (the “Service”) connects consumers with prospective insurance providers participating in our insurance network (the “Insurance Partners”). To use the Service, you must complete an online request form (a “Request Form”) that requests personal information from you, including your name, address, telephone number, email address, social security number, bank account information, and employment information. Our collection and use of this information is subject to the Website’s Privacy Policy, which is incorporated into these Terms. Credit Decisions ThinkSolar.com does not guarantee that any Insurance Partner will offer you insurance or that any offer will contain any specific terms or conditions. ThinkSolar.com does not guarantee that the price, product, availability, rates, fees, or any other terms offered and made available by our Insurance Partners through the Service are the best terms available in the market. Once you submit a Request Form, ThinkSolar.com shares your information with our Insurance Partners. By submitting a Request Form, you understand and agree that you are requesting insurance offers from our Insurance Partners. You are also agreeing that ThinkSolar.com and the Insurance Partners may contact you by any means (including email, telephone, SMS, and direct mail) so that they may assist in processing your request form (“Request Form”) or may provide information to you about additional offers now or in the future. If our Insurance Partner determines that your Request Form meets its underwriting criteria, your browser may be redirected to the Insurance Partner’s website. You understand and agree that should you be redirected to the Insurance Partner’s website, ThinkSolar.com has no further involvement in the insurance registration or decision process. Your interactions with the Insurance Partner are subject to privacy policy, terms of use, and other policies or terms enforced and provided by that Insurance Partner. Electronic Disclosure By Submitting your Request Form you agree to receive notifications, disclosures, and other documents and communications both from ThinkSolar.com and from our Insurance Partners. If you are connected to an Insurance Partner, that Insurance Partner may require you to execute an electronic insurance contract. This electronic insurance contract will be as binding as a contract in paper form. And, your electronic signature will be as valid as a physical signature on a paper contract. The Insurance Partner may also require you to consent to receiving all notifications regarding your insurance offer electronically. These electronic communications may include attempts to collect fees, charges or debts regarding your insurance offer. Additionally, the Insurance Partner may require you to access documents related to an insurance offer, including your insurance contract. By Submitting your Request Form you agree to this form of access. The Insurance Partner may allow you to withdraw your consent to electronic disclosures. Please contact the Insurance Partner with whom you were connected to in order to learn more about this process. Please note, however, that not consenting to receive electronic disclosures may affect your ability to receive an offer from an Insurance Partner. Accuracy You represent that the information you provide to ThinkSolar.com, and ultimately, the Insurance Partners, through your Request Form is accurate and truthful. If the information in your Request Form is not accurate and truthful, ThinkSolar.com may deny, suspend, or terminate your use of the Service. Control over Features, Functions, and Access to the Service ThinkSolar.com may change any information, features, or functions of the Service without prior notice. ThinkSolar.com may deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that ThinkSolar.com determines, in its sole discretion, violate these Terms, the rights of ThinkSolar.com or any third party, or is otherwise inappropriate. ThinkSolar.com is not responsible for any errors or delays in providing Service caused by errors in the Request Form information provided by you or by any technical problems beyond its reasonable control. Disclaimers and Limitations THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” ThinkSolar.com EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ThinkSolar.com MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT. USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN RISK. ThinkSolar.com AND OUR INSURANCE PARTNERS, ADVERTISERS OR ANY OF OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ThinkSolar.com OR OUR INSURANCE PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ThinkSolar.com DOES NOT ENDORSE OR RECOMMEND THE PRODUCTS OF ANY PARTICULAR INSURANCE. ThinkSolar.com IS NOT AN AGENT OF YOU OR ANY PARTICIPATING INSURANCE PARTNER. ThinkSolar.com IS NOT INVOLVED WITH THE INSURANCE’S USE OR REVIEW OF YOUR REQUEST FORM INFORMATION OR IN MAKING A DETERMINATION ABOUT WHETHER YOU MEET A PARTICULAR INSURANCE’S UNDERWRITING CRITERIA. THE INSURANCE PARTNER IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU, AND YOU AGREE THAT ThinkSolar.com WILL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT INSURANCE PARTNERS MAY KEEP YOUR REQUEST FORM INFORMATION, WHETHER OR NOT YOU ARE QUALIFIED to RECEIVE AN INSURANCE OFFER WITH THEM. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, SO THE DISCLAIMERS AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF ThinkSolar.com, THE INSURANCE PARTNERS, AND THEIR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS AND SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Indemnity As a condition of using the Website or the Services, you agree to indemnify ThinkSolar.com and the Insurance Partners from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from your use of the Website, including any claims alleging facts that if true would constitute a breach by you of these Terms. Links to Third Parties The Website may contain links to other websites operated by Insurance Partners or other third parties. These links are provided for your convenience and reference only. ThinkSolar.com does not operate or control in any respect any information, software, products, or services available on such third party sites. ThinkSolar.com’s inclusion of a link to a website does not imply any endorsement of the services or the site, its contents, or its sponsoring organization. Dispute Resolution Any claim or controversy arising out of or relating to the use of the Website, to the use of the Service, or to any acts or omission for which you may contend ThinkSolar.com is liable (a “Dispute”), will be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association in effect at that time. The arbitration will be conducted in Los Angeles, California and judgment on the arbitration award may be entered into any court of competent jurisdiction. No arbitrator will have the power to award damages in connection with any Dispute in excess of actual compensatory damages and will not multiply actual damages or award consequential, punitive, or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved. BY AGREEING TO THESE TERMS, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH ThinkSolar.com IN A COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING ThinkSolar.com’S SERVICE, YOU CONSENT TO THESE RESTRICTIONS. In the event the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and ThinkSolar.com, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Los Angeles, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services must be filed within one year after such claim or cause of action arose or be forever barred. SMS Terms and Conditions By providing a mobile phone number you are opting in to communications via SMS from ThinkSolar.com and the Insurance Partners. These communications may include a follow-up SMS message containing a link to your completed Request Form, payment reminders from Insurance Partners, and future offers. For additional support: [email protected] Message and Data Rates May Apply. Under no circumstances will ThinkSolar.com be responsible for fees that your wireless carrier or other third parties may charge you for use of this service. Messages may be delayed or undelivered for various factors. Carriers are not liable for delayed or undelivered messages. Other Terms These Terms constitute the entire agreement between you and ThinkSolar.com. These Terms will be governed by the laws of the State of California without regard to its conflict of law principles. If any part of these Terms is determined unenforceable pursuant to applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely connects the intent of the original provision and the remainder of these Terms will remain in effect. Any failure by ThinkSolar.com to exercise or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. ThinkSolar.com may amend these Terms at any time by posting the amended terms on its website. All amended terms are automatically effective immediately upon posting. Questions You may direct any questions concerning these Terms to: ThinkSolar.com 3680 Wilshire Blvd Ste P04 – 2000, Los Angeles CA 90010