Terms And Conditions

Surf Clean Energy provides all information on this site (together with all content and the underlying source HTML files that implement the hypertext features, collectively this “Site”) exclusively under the following Terms and Conditions and all applicable laws:

Ownership, License And Restrictions On Use

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to Surf Clean Energy. In addition, the names, images, pictures, logos and icons identifying Surf Clean Energy products and services are proprietary marks of Surf Clean Energy and/or its subsidiaries or affiliates. Except as expressly provided below, nothing contained herein shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.

You are hereby granted a non-exclusive, non-transferable, limited license to view this Site, and to download and/or print insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved there from and the underlying code, may not be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of Surf Clean Energy.

Links To Third Party Sites

Surf Clean Energy provides links to third party websites for your convenience. Surf Clean Energy does not assume any responsibility for the (i) content of, (ii) technology implemented by, or (iii) privacy practices of third party sites and all use is at your own risk. You should review the privacy policy and terms of use for each third party site and confirm they are acceptable prior to registration on or use of the site. Links to third party sites do not imply endorsement of the sites by Surf Clean Energy.

Disclaimers

THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND Surf Clean Energy EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Surf Clean Energy DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THIS SITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.

Surf Clean Energy disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of the Site, or (e) your use of any equipment or software in connection with this Site.

Limitation Of Liability

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means Surf Clean Energy, its affiliates, and any officer, director, employee, contractor, subcontractor, agent successor, or assign of any of them.

Governing Laws In Case Of Dispute; Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, USA, as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to this Site shall be exclusively subject to the jurisdiction of the United States District Court for the New York.

Contractor Terms Of Use

Contractors listed here are independent contractors and not affiliates of Surf Clean Energy or any of its affiliates (collectively, “Surf Clean Energy”). The decision to hire any contractor listed on this site is a decision made solely by the homeowner. Surf Clean Energy does not guarantee the quality of work performed by any contractor. You must address any dispute you have with an independent contractor you hire directly with that independent contractor and you release Surf Clean Energy from any and all claims you may have related to your selection of an independent contractor listed here and/or any dispute you may have with such contractor.

Changes To Site And These Terms And Conditions

This Site and these Terms and Conditions may be changed by Surf Clean Energy with or without notice. You are solely responsible for reviewing this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of any changes.

Entire Agreement; Severability

These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Communications

Any communications or other information sent to Surf Clean Energy via electronic mail or otherwise in connection with your use of this Site, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by Surf Clean Energy for any purpose without compensation. Disclosure shall constitute an assignment of all right, title and interest in such information to Surf Clean Energy.

SMS Text Messaging

Surf Clean Energy offers complimentary SMS text messaging services to help you stay informed with important account or product related topics that need your attention. You might receive account, updates or product information. Surf Clean Energy offers this service at no extra charge. Message frequency may vary. Standard message and data rates may apply. Your consent to receive these marketing text messages is not required as a condition of purchasing any goods or services from Surf Clean Energy. Texts may be sent using an automatic telephone dialing system.

Participating Carriers: The service is available on AT&T, Sprint, T-Mobile, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Carolina West Wireless, Cellcom, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Cincinnati Bell Wireless, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, iWireless, Mobi PCS (Coral Wireless LLC), Mosaic, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – South Central Comm, Rina – Syringa, Rina – UBET, Rina – Manti, South Canaan / CellularOne of NEPA, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush. T-Mobile is not liable for delayed or undelivered messages.

If you have questions about SMS text services or need help, call 1-866-631-7873 or email: info@surfcleanenergy.com To opt out of this service, please text STOP 

For more information you can view a copy of our Privacy Policy.

Links To Surf Clean Energy Web Pages

Surf Clean Energy reserves the right to reject or terminate any links to the Site or any content contained therein.

Web Widgets

We may make available through the Site certain web widgets that contractors or others may integrate into their online service. Some of these web widgets are publicly available and others are only available to contractors who are registered members of the Surf Clean Energy. If you place a widget on your online service on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms and by accepting these Terms, you are doing so on behalf of that entity. 

By using our widgets, you do not acquire ownership of any rights in our widgets or the content that is accessed through our widgets. You give us a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use content submitted, posted, or displayed to or from the widgets. If you provide feedback or suggestions about our widgets, then we  may use such feedback without obligation to you. By using our widgets, we may use submitted information in accordance with our privacy policies.

By placing one of our widgets on your online service, you agree to comply with all applicable laws, including privacy laws, provide appropriate notice and obtain consent, where applicable, when collecting personal information from end users through our widgets. You will ensure that your privacy policies, notices, and applicable consent language make it clear that you may disclose to Surf Clean Energy information you obtain through the widget, which we may receive from you automatically through the widget.  You will also make it clear that when end users submit their personal information that they are intentionally submitting such information to you and to Surf Clean Energy. You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the widgets to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of service with Surf Clean Energy, or its affiliates. 

You will only place a widget on your online service by the means described by us. If the widget requires you to be logged into a registered account, you must use the registered account in relation to that widget and you will not misrepresent your identity. You will use commercially reasonable efforts to protect end user information collected through the widget from unauthorized access or use and will promptly report to your end users any unauthorized access or use of such information to the extent required by applicable law.

You agree to display any attribution(s) required by us as described in the documentation for the widget. We hereby grant to you a nontransferable, nonsublicenseable, nonexclusive license to promote or advertise that you use the widgets. You understand and agree that we have the sole discretion to determine whether your attribution(s) are in accordance with these Terms or are not objectionable by us. You will not make any statement regarding your use of an widget which suggests partnership with, sponsorship by, or endorsement by us without our prior written approval. You grant us all necessary rights to use your company or product name to promote our widgets or other products in relation to the widgets. 

We may communicate with you information about our widgets, for example where you are a contractor with a registered account, that is confidential. This confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without our prior written consent. Confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice. 

YOU AGREE THAT WE MAY MONITOR USE OF THE WIDGETS TO ENSURE QUALITY, IMPROVE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS. You will not interfere with this monitoring. We may use any technical means to overcome such interference. 

When using the widgets, you may not (or allow those acting on your behalf to):

• Sublicense your access or use to the widget to a third party.
• Create any technology that functions substantially the same as the widgets and offer it for use, including by third parties.
• Perform an action that exposes us or end users any viruses, worms, defects, malware, or any destructive technology.
• Defame, abuse, harass, stalk, threaten others, or any other inappropriate action.
• Interfere with or disrupt the widgets or the widgets’ servers or networks.
• Reverse engineer or attempt to extract the source code from any widget or any related software, except to the extent that this restriction is expressly prohibited by applicable law or where the code is provided to you by us.
• Remove, obscure, or alter any of the preset language, links, notices, or other content provided by us through the widget.   
• Scrape, build databases, or otherwise create permanent copies of widget content.
• In relation to widget content, copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party.
• Misrepresent the source or ownership of the widget. 
• Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

We may suspend access to the widgets by you without notice if we reasonably believe that you are in violation of these Terms. Upon any termination of the Terms or discontinuation of your access to a widget, you will immediately stop using the widget and cease all related promotions. 

Unless prohibited by applicable law, if you place a widget on your online service or on behalf of a business, you, and that business, will defend and indemnify us, and our affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from your misuse or your end user’s misuse of the widgets, your violation or your end user’s violation of these Terms; or any content or data routed into or used with the widget by you, those acting on your behalf, or your end users.

WE PROVIDE THE WIDGETS “AS IS” AND DO NOT MAKE ANY SPECIFIC PROMISES ABOUT THE WIDGETS, COMMITMENTS ABOUT THE CONTENT, SPECIFIC FUNCTIONS, OR THE RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS FROM THE WIDGET.  TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.

If You Do Not Agree

IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.

Last Updated September 8th, 2023