Let’s Talk Solar!
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Term and Conditions:
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Surf Clean Energy Inc., 1 Cross Island Plaza, Rosedale, NY 11422.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: New York, United States
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Surf Clean Energy, accessible from https://surfclean.wpengine.com/contact/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Collecting and Using Your Personal Data
Types of Data Collected
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. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’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.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
We use both Session and Persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
To provide and maintain our Service, including to monitor the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.
For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information 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.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal 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.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.
If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
- By mail: 1 Cross Island Plaza, Rosedale, NY 11422
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
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.
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.
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: firstname.lastname@example.org To opt out of this service, please text STOP
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.
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