ELEVATE YOUR SOLAR EXPERIENCE.
Terms of service
1. AGREEMENT TO TERMS AND DESCRIPTION OF SERVICES
These Terms of Use constitute a legally binding agreement made between you, whether personally or on
behalf of an entity (“you” and “your”) and Solar Butlers, LLC a Utah limited liability company (“Solar
Butlers,” “we,” “us,” or “our”), concerning your access to and use of the www.mysolarbutlers.com website as
well as any other media form, media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (the “Site”). We are registered in Utah, U.S. and have our registered office
at 3610 N University Ave, 375B Provo, UT 84604 You agree that by accessing the Site, you have read,
understood, and agreed to be bound by all these Terms of Use. If you do not wish to be bound by these
terms, please exit the Site now and do not use any of the Services. Your agreement with us regarding
compliance with these terms becomes effective immediately upon commencement of your use of the Site
or Services. Violation of any of the terms below will result in the suspension or termination of your account
without a right to any refund.
The information provided on the Site is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to law or regulation or which
would subject us to any registration requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not
permitted to use or register for the Site. We provide options for homeowners who are interested in PV
solar system panel cleaning, and other related PV solar system maintenance services (the “Services”).
2. INTELLECTUAL PROPERTY RIGHTS
The Site is our proprietary property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site (the “Content”) and the trademarks,
service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other intellectual property rights and
unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the Site “as is” for your information and personal use only. No
part of the Site may be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any
commercial purpose whatsoever, without our express prior written permission.
3. USER REPRESENTATIONS AND PAYMENT FOR SERVICES
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to
comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will
not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not
violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate your account and refuse all current or
future use of the Site (or any portion thereof). By signing up for our Services, you agree to pay for the
applicable fees as set forth in your customer agreement. You agree to be bound by the payment terms
and fees therein.
4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available.
The Site may not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Site, you agree not to:
use the site for any activities, post or transmit any material from the Site unless you hold all
necessary rights, licenses and consents to do so;
use the Site in any way that infringes the intellectual property or other rights of any person;
cause you or us to breach any law, regulation, rule, code or other legal obligation;
use the Site in a way that would defame, harass, threaten, menace, offend or restrict any person;
use the Site in a way considered to be obscene, inappropriate, defamatory, disparaging, indecent,
seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred,
discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
use the Site in a way that would bring you, or our business, into disrepute;
interfere with or inhibit any other user from using the Site, attempt to, or tamper with the Site,
hinder or modify the Site;
knowingly transmitting viruses or disabling features which will damage or interfere with the Site;
and
facilitating or assisting any other person to do any of the above acts.
5. CONSENT TO ELECTRONIC COMMUNICATIONS.
By using the Site and Services, you consent to receiving electronic communications from Solar Butlers.
These communications may include notices about your account and information concerning or related to
the Services. You agree that any notices, agreements, disclosures, or other communications that we send
to you electronically will satisfy any legal communication requirements, including that such
communications be in writing.
6. CANCELLATION AND TERMINATION
These Terms of Use will remain in full force and effect while you use the Site and/or our Services. You
agree that in our sole discretion we may terminate or suspend your access to all or part of the Site or
Services with or without notice and for any reason, including, without limitation, breach of these Terms of
Use. Furthermore, any suspected fraudulent, abusive or illegal activity may be grounds for termination,
and you may be referred to appropriate law enforcement authorities. You may only cancel your account or
any of the Services in accordance with your customer agreement and applicable state, local, and federal
law.
7. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall
become our sole property. We shall own the exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such Submissions are original with you
or that you have the right to submit such Submissions. You agree there shall be no recourse against us
for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
8. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of
the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-
1254.
9. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these
Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the
extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the
Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the
Site.
10. PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy,
which is on our Site. Please be advised the Site is hosted in the United States. If you access the Site from
any other region of the world with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in the United States, then through your continued use of the
Site, you are transferring your data to the United States, and you agree to have your data transferred to
and processed in the United States.
11. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
If you believe that any material available on or through the Site infringes upon any copyright you own or
control, please immediately notify us. A copy of your Notification will be sent to the person who posted or
stored the material addressed in the Notification. Please be advised that pursuant to federal law you may
be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not
sure that material located on or linked to by the Site infringes your copyright, you should consider first
contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following
information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have
been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a
representative list of such works on the Site; (3) identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the material; (4) information
reasonably sufficient to permit us to contact the complaining party, such as an address, telephone
number, and, if available, an email address at which the complaining party may be contacted; (5) a
statement that the complaining party has a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the
information in the notification is accurate, and under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
12. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at
our sole discretion without notice. However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will
not be liable to you or any third party for any modification, price change, suspension, or discontinuation of
the Site.
We cannot guarantee the Site will always be available. We may experience hardware, software, or other
problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any
time or for any reason without noticing you. You agree that we have no liability whatsoever for any loss,
damage, or inconvenience caused by your inability to access or use the Site during any downtime or
discontinuation of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and
support the Site or to supply any corrections, updates, or releases in connection therewith.
13. GOVERNING LAW
These Terms of Use are controlled by us from our offices within the state of Utah, United States of
America. By accessing the Site and Services both of us agree that the statutes and laws of the State of
Utah, without regard to the conflicts of laws principles thereof and the United Nations Convention on the
International Sales of Goods, will apply to all matters relating to the use of the Site and Services. Each of
us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent
jurisdiction within the State of Utah with respect to such matters.
14. DISPUTE RESOLUTION
a. Informal Resolution. All disputes relating to these Terms of Use will initially be referred to the
applicable Solar Butlers service manager. If the service manager is unable to resolve the dispute within
five (5) business day(s) (or any other agreed upon timeframe), the dispute will be referred to the service
manager’s direct supervisor. The supervisor may, if both Parties agree, meet to resolve the dispute, but if
they are unable to resolve the dispute then (regardless of whether a meeting occurs) ten (10) business
days after referral (or such other period as the Parties may agree), the Parties may pursue other
remedies consistent with these Terms of Use.
b. Binding Arbitration. Should any dispute (or part thereof) remain between the Parties after
completion of the process described above, such dispute will be submitted to final and binding arbitration
in Utah under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), provided
that to the extent any such rule conflicts with the provisions of this Section, this Section shall control. The
arbitration will be conducted by an independent arbitrator who will be a judge or attorney with at least ten
years practice in the applicable legal industry. Each Party may be represented by an attorney selected by
the Party. The costs of the arbitration, including the arbitrator's fees and expenses, will be shared equally
by the Parties. Each Party will pay its own attorney’s fees and costs, provided that, if the arbitrator finds
either Party has acted in bad faith, the arbitrator will have discretion to award attorney’s fees to the other
Party. The arbitrator will have the power to resolve all disputes between the Parties. The arbitrator will
apply the substantive Law of the state of Utah. The arbitrator will only interpret and apply the terms and
provisions of these Terms of Use and will not change any such terms or provisions or deprive either Party
of any right or remedy expressly or impliedly provided for in these Terms of Use. The arbitrator will not
have the power to award damages other than those described in these Terms of Use. The determination
of the arbitrator will be conclusive upon the Parties and will be non-appealable.
c. Choosing Arbitration. THE PARTIES HAVE KNOWINGLY CHOSEN ARBITRATION AS AN
ALTERNATIVE TO PROCEEDINGS IN COURT AND THEY SPECIFICALLY WAIVE THEIR RIGHTS TO
PROCEED BY ANY MEANS BEFORE A COURT OTHERWISE HAVING JURISDICTION OF ANY
DISPUTE BETWEEN THEM, EXCEPT TO THE EXTENT NECESSARY FOR INJUNCTIVE RELIEF OR
OTHER EQUITABLE RELIEF.
15. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the right to correct
any errors, inaccuracies, or omissions and to change or update the information on the Site at any time,
without prior notice.
16. DISCLAIMER OF WARRANTIES
ALL MATERIALS, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE
FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR
REQUIREMENTS, (B) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES PURCHASED OR
OBTAINED BY YOU FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE
FREE FROM MISTAKES, ERRORS OR DEFECTS. THIS SITE COULD INCLUDE TECHNICAL OR
OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO
THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF
ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES
AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH
MATERIALS OR SERVICES. THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
ACTIVITIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA,
OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. INDEMNIFICATION
You agree to defend, indemnify, and hold Solar Butlers
, and our affiliates harmless from all liabilities,
claims, and expenses, including attorney’s fees that arise from your use or misuse of the Site or Services.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any
available defenses.
19. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of
the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of
data, you are solely responsible for all data that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such loss or corruption of such
data.
20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications.
You consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy
any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any
statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original
signature or delivery or retention of non-electronic records, or to payments or the granting of credits by
any means other than electronic means.
21. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. We
may assign any or all our rights and obligations to others at any time. We shall not be responsible or liable
for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and
does not affect the validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us because of these Terms of
Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of
having drafted them. You hereby waive all defenses you may have based on the electronic form of these
Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
22. CONTACT US
To resolve a complaint regarding the Site or to receive further information regarding use of the Site,
please refer to the “Contact Us” link posted on the Site.