Proudly Serving: NC, SC, VA, MI, & OH

Marketing Terms and Conditions

 

Effective Date: July 24, 2018

 

By “Opting In” (as such term is defined below), you accept these Terms and Conditions and agree to resolve disputes with Power Home 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.

 

Definitions

 

  • Emails” means one or more email(s) to your email address for any purpose, including informational, transactional, marketing, promotional or sales purposes.
  • Opting In”, “Opt In” and “Opt-In” (or similar words or phrases) refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more recurring text messages (and participation in a Text Message Service), Outbound Telephone Calls and/or Emails.
  • Power Home Solar” means Power Home Solar LLC, and its respective subsidiaries and affiliates.
  • Outbound Telephone Calls” means one or more telephone calls to your telephone number (including, if provided, your wireless phone number) for any purpose, including informational, transactional, marketing, promotional or sales purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices.
  • Services” means, collectively, Emails, Outbound Telephone Calls and the Text Message Service.
  • Text Message Service” means any arrangement or situation in which Power Home Solar sends (or indicates it may send, or receives a request that it send) one or more text messages (including recurring text messages).

 

Opting In

 

By Opting In to any Text Message Service:

 

  • You authorize Power Home Solar to use auto-dialer or non-auto-dialer technology to send text messages to the mobile phone number associated with your Opt In (e., the number listed on the Opt In form or instructions, or, if none, the number from which you send the Opt In, or, if none, the number on file for the account associated with your Opt In). You also authorize Power Home Solar to include marketing content in any such messages.
  • You are signing your Opt In to the Text Message Service.
  • You confirm you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
  • Supported carriers include: AT&T, Verizon Wireless, MetroPCS, Sprint, Boost, T-Mobile, Alltel, Virgin Mobile, U.S. Cellular. Power Home Solar and the mobile carriers are not liable for delayed or undelivered messages. Please note, however, that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers.

 

By Opting In to receive Outbound Telephone Calls:

 

  • You authorize Power Home Solar to use auto-dialers, pre-recordings, and/or general telemarketing practices to call the telephone number (including, if provided, your wireless phone number) associated with your Opt In (e., the number listed on the Opt In form or instructions, or, if none, the number from which you send the Opt In, or, if none, the number on file for the account associated with your Opt In). You also authorize Power Home Solar to call you regarding transactional, informational, marketing, promotional or sales related matters.
  • You are signing your Opt In to receive Outbound Telephone Calls.
  • You confirm you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.

 

By Opting In to receive Emails:

 

  • You authorize Power Home Solar to generate, whether automatically, manually, individually, or as part of a mass email campaign, and send Emails to your email address associated with your Opt In (e., the email address listed on the Opt In form or instructions, or, if none, the email address from which you send the Opt In, or if none, the email address on file for the account associated with your Opt In). You also authorize Power Home Solar to send marketing, promotional and sale related Emails. 
  • You are signing your Opt In to receive Emails.
  • You confirm you are the owner of the email account and address or that you are the customary and authorized user of such email account and address.

 

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 call 1-800-SOLAR-15.  To view and retain an electronic copy of these Terms and Conditions, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) 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.

 

About the Services and Opting Out

 

  • Emails – Power Home Solar reserves the right to terminate Emails at any time with or without notice, but in any event these Terms and Conditions will still apply. To opt out of or unsubscribe to Emails, please click the “unsubscribe” link (or similar link, such as “Click Here”) on the bottom of an Email to unsubscribe to Emails. Your request to opt out of or unsubscribe to Emails may generate either a confirmation or a request to clarify the Emails to which your request may apply (if you are receiving more than one type of Email). To complete your request, please provide the requested clarification. In certain instances, you will not be able to opt out of or unsubscribe from transactional related Emails.

 

  • Outbound Telephone Calls – Power Home Solar reserves the right to terminate Outbound Telephone Calls at any time with or without notice, but in any event these Terms and Conditions will still apply. To opt out of or revoke your consent to receiving Outbound Telephone Calls, please call 1-800-SOLAR-15.

 

  • Text Message Service – Power Home Solar reserves the right to terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but in any event these Terms and Conditions will still apply. Message and data rates apply. Unless otherwise noted, Text Message Service sends automated multiple, recurring messages. For any Text Message Service operated through 411411, you can get help by texting HELP to 411411, and you can opt out by texting STOP to 411411. For any Text Message Service operated through a different number, text HELP to that number for help, and STOP to that number to opt out. Your opt out request may generate either a confirmation text or a text request to clarify the Text Message Service to which it applies (if you have more than one).  To compete your opt out, please provide the requested clarification.

 

Further, with respect to all of the Services, you consent to the handling of your information as described in the Power Home Solar Privacy Policy. To contact Power Home Solar customer service, call 800-SOLAR-15, or email info@powerhome.com.

 

Disputes

 

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 Power Home Solar, LLC, Attn: Legal Department, 919 N. Main St., Mooresville, NC 28115. 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.

 

Applicable Law

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 POWER HOME SOLAR ARISING OUT OF OR RELATING IN ANY WAY TO ANY THE SERVICES.