Terms of Service

September 24, 2024

IMPORTANT NOTICE: The section titled “Dispute Resolution & Arbitration” below requires you to resolve any disputes with Mirasol Solar. (“Mirasol Solar” or “we”) through arbitration
rather than through the courts. This means you waive your right to bring claims against Mirasol Solar in a court of law and agree to resolve disputes on an individual basis, not as part of a class action. This section significantly impacts your legal rights. Please read it carefully.

Welcome to mirasolsolar.com. These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Mirasol Solar concerning your use of our websites (including www.mirasolsolar.com and any related subdomains), our mobile application, and our services, including those available through our online tools (collectively referred to as the “Service”). Please read these Terms thoroughly.

Modifications to Terms: We may update these Terms periodically. By accessing or using the Service, you agree to these Terms and any modifications we make. It is your responsibility to review the
latest version of the Terms regularly and remain informed of any changes. Continued use of the Service after modifications signifies your acceptance of the revised Terms. If you disagree with any part of these Terms, you must cease using the Service.

Access to Website and Account Security

Mirasol Solar reserves the right, at its sole discretion and without prior notice, to withdraw or amend this Website, including any services and materials provided on this Website. Mirasol Solar shall not be liable if, for any reason, all or any part of this Website is unavailable at any time or for any period. Additionally, Mirasol Solar may restrict access to this Website for users, including registered users and guests, at any time.

You are responsible for:

1. Access Arrangements: Ensuring you have made all necessary arrangements to access this Website.
2. Compliance of Others:
   Ensuring that all individuals who access this Website through your internet connection are aware of and comply with these Terms of Use.

To access this Website and/or some of its resources, you may be required to provide certain registration details and/or other information. You agree that all information you provide on this Website is accurate, current, and complete. The information provided for registration or otherwise, including interactions with any interactive features on this Website, is governed by our Privacy Policy. You consent to our handling of your information in accordance with the Privacy Policy.

If you are provided with or choose a username, password, or any other security credentials as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to allow any other individual to access this Website or any portion thereof using your username, password, or other security credentials. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security. Additionally, you agree to log out of your account at the end of each session and exercise caution when accessing your account from a public or shared computer to prevent others from viewing or recording your password or other personal information.

Mirasol Solar reserves the right to disable any username, password, or other security credentials, whether chosen by you or provided by us, at any time and at our sole discretion, for any reason or no reason, including if we believe you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website, including all of its content, features, and functionality (such as information, software, text, displays, images, video, audio, and their design, selection, and arrangement) are the property of Mirasol Solar. (“Company”), its licensors, or other providers of such materials, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Permitted Use

These Terms of Use authorize you to access and use the Website solely for your personal, non-commercial purposes. You are prohibited from reproducing, distributing, modifying, creating derivative works from, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any content from the Website, except as follows:

1. Temporary Storage: Your computer may temporarily store copies of materials in RAM incidental to your accessing and viewing those materials.
2. Browser Cache: You may store files that are automatically cached by your web browser for display enhancement purposes.
3. Personal Copy: You may print or download one copy of a reasonable number of pages from the Website for your personal, non-commercial use only, and not for further reproduction, publication, or distribution.
4. Applications: If we provide desktop, mobile, or other applications for download, you may  download one copy to your computer or mobile device solely for your personal, non-commercial use, provided you comply with our end-user license agreement for such applications.
5. Social Media Features: You may use social media features provided on the Website to the extent permitted by those features.

You must not:

1. Modify copies of any materials from the Website.
2. Use any illustrations, photographs, video or audio sequences, or graphics separately from their accompanying text.
3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
4. Access or use any part of the Website or any services and materials available through the Website for commercial purposes.

For any use of materials from the Website beyond those explicitly permitted above, you must obtain prior written permission from us by contacting: info@mirasolsolar.com.

If you print, copy, modify, download, or otherwise use any part of the Website in violation of these Terms of Use, your access to and use of the Website will be terminated immediately. You are required to return or destroy any copies of the materials you have made, as directed by the Company. No rights, title, or interest in or to the Website or any content on it are conveyed to you, and all rights not expressly granted are reserved by the Company. Unauthorized use of the Website may constitute a breach of these Terms of Use and may also infringe upon copyright, trademark, and other applicable intellectual property laws.

Prohibited Uses

You are permitted to use this Website solely for lawful purposes and in accordance with these Terms of Use.

You agree not to use this Website:

1. In Violation of Laws: In any manner that breaches applicable federal, state, local, or international laws or regulations, including but not limited to laws concerning the export of data or software to and from the United States or other countries.
2. Exploiting Minors: To exploit, harm, or attempt to exploit or harm minors in any way, including but not limited to exposing them to inappropriate content, soliciting personally identifiable information, or otherwise.
3. Non-Compliant Material: To transmit, knowingly receive, upload, download, use, or reuse any material that fails to meet the Content Standards outlined in these Terms of Use.
4. Unsolicited Communications: To send or facilitate the sending of any advertising or promotional material without our prior written consent, including but not limited to “junk mail,” “chain letters,” “spam,” or other similar solicitations.
5. Impersonation: To impersonate or attempt to impersonate the Company, its employees, another user, or any other person or entity, including but not limited to by using email addresses or screen names associated with any of the
   aforementioned.
6. Restricting Access: To engage in any conduct that restricts or inhibits any other person’s use or enjoyment of this Website, or that, as determined by us, may harm the Company or users of this Website, or expose them to liability.

Additionally, you agree not to:

1. Disabling or Overburdening: Use this Website in any way that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
2. Automated Access: Utilize any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any material on the Website.
3. Manual Monitoring: Employ any manual process to monitor or copy any material on the Website or for any other unauthorized purpose without our prior written consent.
4. Interference: Use any device, software, or routine that interferes with the proper functioning of the Website.
5. Malicious Software: Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. Unauthorized Access: Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
7. Denial-of-Service Attacks: Conduct a denial-of-service attack or a distributed denial-of-service attack against the Website.
8. Interference: Otherwise attempt to interfere with the proper working of the Website.

Linking to This Website and Social Media Features

You are permitted to link to this Website provided that such linking is conducted in a fair and lawful manner that does not harm our reputation or exploit it. However, you must not establish a link in a manner that implies any form of association, endorsement, or approval by us without our express written consent.

This Website may offer certain social media features that allow you to:

1. Link from your own website or certain third-party websites to specific content on this Website.
2. Send emails or other communications that include content or links to content on this Website.
3. Cause limited portions of content from this Website to be displayed or appear on your own website or certain third-party websites.

These features must be used solely as they are provided by us and only with respect to the content with which they are associated, and in accordance with any additional terms and conditions provided with such features.

You must not:

1. Establish a link from any website not owned by you.
2. Cause this Website or any part of it to be displayed on, or appear to be displayed by, another site, such as through framing, deep linking, or in-line linking.
3. Link to any part of this Website other than the homepage.
4. Take any action regarding the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you link or on which you make content from this Website accessible must fully comply with the Content Standards set forth in these Terms of Use.

You agree to cooperate with us in immediately ceasing any unauthorized framing or linking upon request.

We reserve the right to withdraw linking permissions at any time without prior notice. We may also disable any social media features and links at our discretion without notice.

Links to Third-Party Sites

This Website may contain links to third-party websites and resources, including those found in advertisements, banner ads, and sponsored links. These links are provided solely for your convenience.

We do not control or endorse the content of any third-party sites or resources linked from this Website and assume no responsibility for the content of such external sites or resources. We are not liable for any loss or damage that may result from your use of or access to these third-party websites.

Should you choose to access any third-party sites linked to this Website, you do so at your own risk and are subject to the terms and conditions of use applicable to those third-party sites.

SMS Messaging

Mirasol Solar will provide marketing materials via SMS provided that you opt-in to receiving such messages.

You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to info@mirasolsolar.com.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive messages weekly. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our privacy policy: https://mirasolsolar.com/privacy-policy/.

Disclaimer of Warranties

You acknowledge and agree that we cannot and do not guarantee the security or absence of viruses or other harmful code in any files available for download from this Website or the internet. It is your sole responsibility to implement and maintain appropriate procedures and checkpoints to satisfy your specific requirements for antivirus protection, data accuracy, and recovery of any lost data.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIALS AS A RESULT OF YOUR USE OF THIS WEBSITE, ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY THIRD-PARTY LINKED WEBSITES.

YOUR USE OF THIS WEBSITE, INCLUDING ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE, IS AT YOUR OWN RISK. THIS WEBSITE, INCLUDING ALL CONTENT AND SERVICES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY WARRANTS THAT THIS WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR

OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Reliance on Information Posted

The information provided on or through this Website is intended solely for general informational purposes. We make no representations or warranties regarding the accuracy, completeness, or usefulness of any such information. Any reliance you place on this information is solely at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the materials by you or any other visitor to this Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials from users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements,
opinions, articles, responses to questions, and other content not provided directly by the Company are solely the opinions and responsibility of the individual or entity providing such materials. These materials do not necessarily reflect the views of the Company. We assume no responsibility or liability for the content or accuracy of any materials provided by third parties.

Arbitration

At the Company’s sole discretion, you may be required to submit any disputes arising out of or related to these Terms of Use or the use of this Website, including disputes concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration. Such arbitration shall be conducted in accordance with the Rules of Arbitration of the American Arbitration Association and shall be governed by Florida law.

Limitation on Time to File Claims

Any cause of action or claim arising out of or relating to these Terms of Use or this Website must be initiated within one (1) year from the date the cause of action accrues; otherwise, such cause of action or claim shall be permanently barred. You hereby waive any right to file an action arising directly or indirectly from these Terms of Use and/or this Website under any statute of limitations that extends beyond the one-year period specified herein.

This limitation does not affect any statute of limitations that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent permitted by law, neither the Company, nor its affiliates, nor their licensors, service providers, employees, agents, officers, or directors shall be liable for any damages of any
kind, whether under contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with your use, or inability to use, this Website, any websites linked to this Website, or any content on this Website or such other websites. This includes, but is not limited to, direct, indirect, special, incidental,  consequential, or punitive damages, and damages for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, even if such damages are foreseeable.

This limitation of liability does not affect any liability that cannot be excluded or limited under applicable law.

Geographic Restrictions

The owner of this Website is based in the State of Florida, United States. This Website is intended solely for use by individuals located within the United States. We make no representations or warranties regarding the accessibility or appropriateness of this Website or any of its content outside of the United States. Access to this Website may be restricted or prohibited by local laws in certain jurisdictions. If you choose to access this Website from outside the United States, you do so at your own risk and are solely responsible for ensuring compliance with all applicable local laws and regulations.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a waiver of any other term or condition or of any subsequent breach or default of the same or any other term or condition. The failure of the Company to enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is found by a court or other competent authority to be invalid, illegal, or unenforceable, such provision shall be deemed modified or limited to the extent necessary to render it enforceable while preserving its intent. The remaining provisions of these Terms of Use shall continue in full force and effect.

Entire Agreement

These Terms of Use, along with our Privacy Policy, constitute the complete and exclusive agreement between you and the Company with respect to the Website, and supersede all prior or contemporaneous agreements, understandings, representations, and warranties, whether written or oral, regarding this Website.

Your Comments and Concerns

This Website is operated by Mirasol Solar, located at 5638 Jason Lee Place Sarasota, FL 34233.

All inquiries, including feedback, comments, requests for technical support, and general communications related to this Website, should be directed to: info@mirasolsolar.com