Términos y Condiciones
Signing up isn't a binding commitment to go solar with the group, however we ask that you are fairly certain you want to pursue a solar installation for your property.
Entry of information into the web signup form does not bind you (“Participant”), legally, financially or otherwise, to: (i) purchase or install any equipment, (ii) enter into any contracts, (iii) accept the bid or bidders approved by a committee comprised of individuals participating in the bidding process for a particular solar installation (the “Selection Committee”), or (iv) any other commitments to Solar United Neighbors or its affiliates. Participant may choose to withdraw from participation in the purchase process at any time, for any reason, without liability to Solar United Neighbors. Participant and Solar United Neighbors may herein be referred to individually as a “Party,” and collectively as the “Parties.”
Public Disclosure
Solar United Neighbors will charge and collect a fee per completed contract from the solar installation company that is approved by the Selection Committee and enters into a contract with Participant. This fee is not charged to Participant, but instead to the solar installation company if Participant decides to sign a contract with them. Solar United Neighbors does not have a preferred relationship, marketing agreement, or partnership with any solar installation companies. The fee is standard, regardless of installation company but is subject to change over time. It is public information available upon request. Solar United Neighbors is dedicated to an open, transparent, and competitive solar market.
About the Selection Committee
Participant authorizes Solar United Neighbors to coordinate the process for purchasing of solar equipment with other participants (the “Solar Bulk Purchase”), including the issuance of a request for proposals (the “RFP”), the evaluation of proposals submitted by bidders, and consultation with the Selection Committee to select the preferred bidder.
Any participant in the bulk purchase program is eligible to participate on the Selection Committee. The Selection Committee will evaluate all submitted bids based on the criteria indicated by participants’ on-line survey and the core requirement in the RFP. It shall be the responsibility of the Selection Committee to choose the bidder(s) best suited for their particular Solar Bulk Purchase and installation (the “Preferred Bidder”).
Participant Responsibilities
The Parties understand and agree that: (i) Participant, should they decide to enter into a contract for installation, affirms that they will do so directly with the Preferred Bidder selected by the Selection Committee and not Solar United Neighbors; (ii) Participant will be solely responsible for all payments and all other responsibilities of the buyer or customer thereunder; (iii) Solar United Neighbors, will have no responsibility for the operation, maintenance, repair or replacement of solar equipment located at Participant’s facility nor will Solar United Neighbors have any responsibility for the removal of such equipment for any reason; (iv) Solar United Neighbors, will have no responsibility for any damage or injury to, or damage or injury caused by, the solar equipment or solar installers working at Participant’s property for any reason whatsoever; (v) Participant, and not Solar United Neighbors, will be solely responsible for qualifying for, entering into, and complying with any financing documents with any lender in connection with any existing mortgage on Participant’s residence or in connection with providing funding for the installation of solar equipment at Participant’s facility or the payment of amounts under any lease, power purchase agreement or other arrangement in connection with such solar equipment and will be responsible for all payments and all other responsibilities of the borrower thereunder; and (vi) Participant, and not Solar United Neighbors, will be solely responsible for entering into any renewable energy credit agreement with a counterparty (if applicable) and for performing all of its respective obligations thereunder.
Program Activities
Solar United Neighbors agrees to provide certain support services to the participants (the “Program Activities”). The Program Activities shall include: (i) public promotion activities; (ii) educational presentations; (iii) availability to answer Participant inquiries regarding the Solar Bulk Purchase, and the RFP and installation process; (iv) supporting the Selection Committee in selecting a Preferred Bidder(s); (v) ongoing communications with the Participants and Preferred Bidder(s) and monitoring the status of Participant installations as an interested third party; and (vi) additional consultations as Solar United Neighbors may provide participants about any proposals they receive from the Preferred Bidder(s).
No Agency or Fiduciary Relationship
Participant acknowledges and agrees that in undertaking the Program Activities Solar United Neighbors is not acting as Participant's agent and shall owe no fiduciary duties to Participant. Participant acknowledges and agrees that the Selection Committee (and not Solar United Neighbors) shall be responsible for the final decision to select the Preferred Bidder(s) as the preferred provider for each participant that acquires a photovoltaic solar system pursuant to the Solar Bulk Purchase RFP. Solar United Neighbors makes no representations or warranties regarding the results of the Solar Bulk Purchase RFP process, and makes no guarantees with respect to the performance of the Preferred Bidder(s) selected by the Selection Committee pursuant to the Solar Bulk Purchase RFP process.
No provision of this agreement and no course of dealing between Solar United Neighbors, and/or its affiliates, and Participant shall be deemed to create any fiduciary duty owing to the Participant by Solar United Neighbors, and/or its affiliates.
Indemnification
If Participant chooses to install solar, the contract Participant signs shall be between Participant and the Preferred Bidder(s), and not between Participant and Solar United Neighbors. Solar United Neighbors may offer assistance to Participant however we are able, but Solar United Neighbors shall not have any liability to Participant in connection with assistance provided by, or the involvement of, Solar United Neighbors. By signing this agreement Participant agrees to hold harmless and indemnify Solar United Neighbors, its affiliates, and each of their present, past, and future officers, directors, employees, agents, and representatives from and against any dispute, claim, injury, loss or concern related to Participant’s solar installation process or equipment, including claims arising as the result of the negligence, gross negligence, or willful misconduct of Solar United Neighbors, its affiliates, and each of their present, past, and future officers, directors, employees, agents, and representatives.
Participant hereby completely releases and forever discharges Solar United Neighbors, its affiliates, and each of their present, past, and future officers, directors, employees, agents, and representatives from any and all claims, rights, demands, actions, causes of action, obligations, damages, injuries, liens, and liabilities, of any and every kind, nature, and character whatsoever, including claims for indemnity, whether based in tort, contract, statute, regulation or on any other theory of recovery, whether known or unknown, and whether for equitable relief, statutory penalties, compensatory or punitive damages, disgorgement, rescission, or restitution in connection with the solar selection process involving Participant, Solar United Neighbors and the Selection Committee and in connection with any solar equipment or services provided to Participant related to such solar selection process (and any contract related thereto discussed or entered into by Participant).
Participant further agrees to hold harmless and indemnify any and all entities assisting in the selection, review and financing of solar installations Participating is considering or chooses to participate in, their affiliates, and each of their present, past, and future officers, directors, employees, agents, and representatives from any and all claims (including claims arising as the result of the negligence, gross negligence, or willful misconduct of such entities), rights, demands, actions, causes of action, obligations, damages, injuries, liens, and liabilities, of any and every kind, nature, and character whatsoever, including claims for indemnity, whether based in tort, contract, statute, regulation or on any other theory of recovery, whether known or unknown, and whether for equitable relief, statutory penalties, compensatory or punitive damages, disgorgement, rescission, or restitution in connection with the solar selection process involving Participant, Solar United Neighbors and the Selection Committee and in connection with any solar equipment or services provided to Participant related to such solar selection process (and any contract related thereto discussed or entered into by Participant). Such entities may include, but are not limited to, State agencies, lenders, and consultants.
No Joint Venture
The Parties agree that signing up and/or participation in the Solar Bulk Purchase process shall not create or constitute a partnership, joint venture, corporation, limited liability company, trust or any other form of business organization among the Parties. No Party hereto (or any of its agents, officers or employees) shall be an agent, fiduciary or employee of another Party, nor shall a Party (or any of its agents, officers or employees) have any power to assume or create any obligation on behalf of any other Party.
Solar United Neighbors, and its affiliated companies, is available to assist Participant in the Solar Bulk Purchase process, including the identification and review of solar installers. The Parties agree that unless, specifically stated in writing, Solar United Neighbors (and/or its affiliated companies) interaction with any solar installer shall not create or constitute a partnership, joint venture, corporation, limited liability company, trust or any other form of business organization among Solar United Neighbors (and/or its affiliated companies) and solar installers.
Choice of Law
This agreement shall be governed by and shall be construed and enforced in accordance with the internal laws of the District of Columbia, without regard to Conflicts of Law principles that require or permit application of the laws of any other state or jurisdiction.
Not Construed Against the Drafter
The language of this agreement shall not be interpreted in favor of, or against, any Party as the drafter of this agreement. Participant acknowledges that they have read this agreement and have agreed to all its terms. Under these circumstances, Participant agrees that the rule of construction that a contract be construed against the drafter shall not be applied in interpreting this agreement, and that in the event of any ambiguity in any of the terms or conditions of this amendment, such ambiguity shall not be construed for or against any party hereto on the basis that such party did or did not author same.
Disputes
In the event of a dispute between Solar United Neighbors and Participant, the parties agree that the dispute shall be resolved by binding arbitration administrated by the American Arbitration Association in accordance with its arbitration rules. The arbitration shall be held in the District of Columbia at a location designated by the Party not making the demand for arbitration. Each Party shall pay their own legal costs, including attorney’s fees, and shall share equally in the cost of the arbitrator. Participant waives any right to pursue a class action arbitration or to have the arbitration consolidated or determined as part of any other arbitration or proceedings. The Parties further agree that any dispute to arbitrate must be brought in an individual capacity, and not as a plaintiff or class member in any purported class or representative capacity. The decision of the arbitrator shall be binding and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
No Consequential Damages
In no event shall either Solar United Neighbors or the Participant be liable for special, indirect, exemplary, punitive or consequential damages of any nature whatsoever connected with or resulting from the breach of, or any performance or non-performance of any obligation under, this agreement, including damages or claims thereof arising from increased cost of capital, loss of revenue, income, profits, or use, and similar causes, irrespective of whether such damages are reasonably foreseeable, and irrespective of whether such claims are based upon negligence, strict liability, contract, operation of law or any other legal theory.
Severability
Any provision of this agreement that is held to be invalid, illegal or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions hereof; and the invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
