TERMS OF SERVICE

Welcome to the Official Website of Sunworks, a Solar3D Company.

By use of our website, you agree to these Terms of Service. Do not use Sunworks’ website if you do not agree with these Terms of Service. We may change or update these Terms of Service and your use under such revisions or updates constitutes acceptance.

Information about you is subject to our Privacy Policy. For more information, please see our full privacy policy. Sunworks’ privacy policy does not control the privacy policy of companies with which we must share information in order to provide you with online services. See Sharing of Information, below. Sunworks may distribute your personal information with partners so better service your needs, unless you inform us that you do not wish such information to be distributed. See Sale or Distribution of Information. Also, Sunworks’ privacy policy does not control the privacy policy of any linked/third party website and you must contact such website for its privacy policy.

Sharing of Information

Because our online services are offered in conjunction with the services of other companies such as app providers, virus protection, and other services necessary to run the business, Sunworks will be sharing your information with those companies. We share the following information: Name, address, phone, school/district, and/or email to properly service you and/or reach you in event of issues.

Sale or Distribution of Information

Sunworks does not provide your name, address, e-mail address and other information to companies unrelated to the online services for which you are inquiring or Also, if Sunworks chooses to sell or buy businesses or assets, your customer information is likely to be transferred as an asset.

Links/Third Party Websites

Our site may contain a link to other websites or resources over which we have no control. We do not endorse, nor are we responsible for, the content, accuracy, advertising, goods or services offered or available, or any other aspect of such linked websites. If you choose to visit or use such linked websites, we are not liable for any damages alleged or incurred with respect to the content, accuracy, advertising, goods or services offered or available, or any other aspect of such linked websites.

Proprietary Rights

The content included on this site such as text, graphics, buttons, logos, digitals, data and software and materials available on Sunworks’ website are protected by copyrights, trademarks, services marks, trade secrets and other proprietary rights and laws. You may not copy, sell, license, or otherwise distribute the content and materials of this website, nor may you create any derivative work from it. Sunworks does allow you, however, to print printable forms and to print one copy of the materials or content for your own personal, noncommercial use, subject to this proprietary notice.

Electronic Communication

When you visit http://www.sunworks2016.wpengine.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

ALL CONTENT AND MATERIALS, INCLUDING THE SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, ARE PROVIDED AS IS. SUNWORKS PROVIDES NO WARRANTIES. THUS, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, OR NONINFRINGMENT. ALL CONTENT AND MATERIALS, INCLUDING THE SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, ARE ALSO PROVIDED AS AVAILABLE. THUS, SUNWORKS DOES NOT WARRANT THAT THE CONTENT AND MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION WITHOUT INTERRUPTION. NOR DOES SUNWORKS WARRANT THAT THE WEBSITE IS FREE OF VIRUSES, DEFECTS, OR ERRORS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. IF A JURISDICTION DOES NOT PERMIT SUCH AN EXCLUSION OR SUCH A LIMITATION ON WARRANTY, SUNWORKS’ EXCLUSION OR LIMITATION ON WARRANTY WILL BE TO THE EXTENT PERMITTED BY LAW.

Limitation of Liability

SUNWORKS MAY NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS WEBSITE, EVEN IF Sunworks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES IRRESPECTIVE OF THE BASIS OF LIABILITY. IF A JURISDICTION DOES NOT PERMIT SUCH AN EXCLUSION OR SUCH A LIMITATION ON LIABILITY, SUNWORKS’ EXCLUSION OR LIMITATION ON LIABILITY WILL BE TO THE EXTENT PERMITTED BY LAW.

Indemnification

If Sunworks so requests, you will defend, indemnify, and hold harmless Sunworks, its employees, officers, contractors, and agents, from all claims, liabilities, and expenses (including attorney’s fees) arising from or relating to your use of Sunworks’ website. Sunworks is entitled to control the defense of such claim or action, and you agree to cooperate with Sunworks in such defense.

Choice of Law; Venue

These Terms of Service are governed by California law, without regard to principles of conflict of laws. Further, any claim or action arising out of or relating to these Terms of Service or your use of this website may be filed only in the state or federal courts located in the county of Sacramento, California, and you agree to be subject to the personal jurisdiction of such courts.

Termination

Sunworks may cancel or terminate your right to use Sunworks’ website or any part of the website at any time without notice. In the event of termination, you are no longer authorized to access the part of the website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in these Terms of Service shall survive.

Entire Agreement; Severability

These Terms of Service constitute the entire agreement between you and Sunworks with respect to this website. If any portion is held invalid or unenforceable, the remaining portions will remain in full force and effect and, if possible, the portion found unenforceable will be construed in a manner consistent with the remaining portions.