Marketing Terms and Conditions

Last Updated: May 8, 2019 [Original 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) by Power Home Solar to induce the purchase of goods or services.
  • 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 provided by you 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 and/or general telemarketing practices to call the telephone number (including, if provided, your wireless phone number) provided by you 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 provided by you 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, or, if you are on the telephone with a Power Home Solar representative, please notify the Power Home Solar representative that you wish to opt out or revoke your consent.
  • 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, please 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 OF THE SERVICES.

Privacy Policy



Effective date: July 16, 2018

POWERHOME Solar ("us", "we", or "our") operates the Http://www.powerhome.com website (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from Http://www.powerhome.com

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data
Usage Data
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data
We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:
  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

POWERHOME Solar uses the collected data for various purposes:
  • To provide and maintain the Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer care and support
  • To provide analysis or valuable information so that we can improve the Service
  • To monitor the usage of the Service
  • To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

POWERHOME Solar will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements
POWERHOME Solar may disclose your Personal Data in the good faith belief that such action is necessary to:
  • To comply with a legal obligation
  • To protect and defend the rights or property of POWERHOME Solar
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").,

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us: