These Terms of Use are effective immediately for unregistered users and users registering accounts on or after the revision date. They will become effective for users who registered accounts before the revision date thirty (30) days after the date we send email notice of this revision to such users, which effective date generally will be between August 22 and October 25, 2016, depending on the exact date when the email was sent to you.

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These Terms of Use (the "Terms") govern your access to and use of our websites, emails and mobile applications ("ASP Solar Technologies"). These Terms also include our Privacy and Cookie Policy. By accessing and using ASP Solar Technologies, you agree to comply with these Terms. If you are using ASP Solar Technologies on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms even if we have separate agreement with you. You may not use ASP Solar Technologies if you do not agree to the version of the Terms posted on ASP Solar Technologies at the time you access ASP Solar Technologies. (The terms "we" and "us" refer to ASP Solar Technologies, Inc., a Delaware corporation.)

Please note: These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

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1. Eligibility to Use ASP Solar Technologies, LLC's Website

A. To access or use ASP Solar Technologies, (1) you must be 13 years of age or older and, if under 18 or the age of majority in your jurisdiction, your use of ASP Solar Technologies must be under the supervision of a parent or guardian or other responsible adult and (2) you, or (where applicable) the adult supervising your use of ASP Solar Technologies, must have the power and authority to enter into these Terms. Except for an employer’s authorized use of a Free Employer Account, or as otherwise approved by us, ASP Solar Technologies is for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use ASP Solar Technologies if we have terminated your account or banned you.

1. Your ASP Solar Technologies Account

   1. ASP Solar Technologies Account. In order for you to create a ASP Solar Technologies account, we require that you provide a valid email address and set up a password. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Other registration requirements (such as the requirement for individuals to contribute no more than one company review, interview review, or salary details of a current or former job per year) may also apply. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by ASP Solar Technologies at any time.

   2. Social Sign Up and Sign In. You may be able to register an account and subsequently access ASP Solar Technologies through a social networking site, such as Facebook or Google+ ("Social Networking Site"). If you access ASP Solar Technologies through a Social Networking Site you agree that we may access, make available through ASP Solar Technologies, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through ASP Solar Technologies via your account and your profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access ASP Solar Technologies, personally identifiable information that you post to that Social Networking Site may be displayed on ASP Solar Technologies. Please note: your relationship with your Social Networking Sites is governed solely by your agreement with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.

2. Using ASP Solar Technologies

   1. Third-Party Content on ASP Solar Technologies. Content from other users, advertisers, and other third parties is made available to you through ASP Solar Technologies. ("Content") means any work of authorship or information, including salaries, company reviews, interview reviews, company photos, employer responses, job ads, employer profile information, advertisements, comments, opinions, postings, resumes, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on ASP Solar Technologies. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the employer, interview and salary-related information provided anonymously by other users; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.

 

In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided by third parties on ASP Solar Technologies

We allow users to post content for employers when they have been employed by the employer as a full-time, part-time, contractor, freelancer, independent employee, 1099 (or equivalent), or provide work that is an integral part of the employer’s value chain. We also allow users to review the staffing firms that place them in these roles. We consider all workers in these roles as ‘employees’ with regard to content left on ASP Solar Technologies.

1. House Rules. You represent and warrant that you will use ASP Solar Technologies solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties. You are solely responsible for any and all Content that is posted through your account on ASP Solar Technologies ("Your Content"). You agree that by submitting Your Content to ASP Solar Technologies, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of ASP Solar Technologies violates applicable law or any third-party right.

 

You agree that you will not:

• Impersonate another person, or his or her email address, or misrepresent your current or former affiliation with an employer;

• Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company

• Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms;

• Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;

• Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;

• Act in a manner that is threatening, racist or bigoted, or is otherwise objectionable (as determined by ASP Solar Technologies);

• Promote, endorse or further illegal activities;

• Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers;

• Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;

• Post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner;

• Solicit personally identifying information from minors;

• Except as expressly approved by us, use ASP Solar Technologies for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;

• Imply a ASP Solar Technologies endorsement or partnership of any kind without our express written permission;

• Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;

• Introduce software or automated agents to ASP Solar Technologies, or access ASP Solar Technologies so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from ASP Solar Technologies without our express written permission;

• “Frame” or “mirror” or otherwise incorporate part of ASP Solar Technologies into any website, or “deep-link” to any portion of ASP Solar Technologies without our express written permission.

• Copy, modify or create derivative works of ASP Solar Technologies (including ASP Solar Technologies Content) without our express written permission;

• Copy or use the information, content, or data on ASP Solar Technologies in connection with a competitive service (as determined by ASP Solar Technologies);

• Sell, resell, rent, lease, loan, trade or otherwise monetize access to ASP Solar Technologies or any ASP Solar Technologies Content without our express written permission;

• Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of ASP Solar Technologies;

• Interfere with, disrupt, or create an undue burden on ASP Solar Technologies or the networks or services connected to ASP Solar Technologies;

• Introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to ASP Solar Technologies;

• Attempt to circumvent any security feature of ASP Solar Technologies; or

• Expose us or our users to any harm or liability.

• Applying on ASP Solar Technologies. Some of our job postings allow you to complete and submit your application on ASP Solar Technologies website. We provide this service by working directly with an employer or by searching the Internet for the best contact information we can find for an employer. When you click the "Apply" button to submit an application on ASP Solar Technologies, we send your application to the most appropriate contact information we have on file for that employer.

 

While we endeavor to make this service the best it can be, employer websites are not controlled by ASP Solar Technologies, and we cannot guarantee that your application will be properly received and logged by the third-party employer website upon transmission. If you have any reason to think your application was not received by an employer, we suggest you contact them directly to confirm.

1. Links to Third-Party Websites. ASP Solar Technologies may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave ASP Solar Technologies, our terms and policies do not govern your use of third-party websites.

1. Special Provisions Applicable To Employers

   1. Posting Jobs on ASP Solar Technologies. You may not post any job ad that:

      • Does not comply with the applicable laws or regulations of the state and country where the job is to be performed, including laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;

      • Contains false information or solicits employees by intentional misrepresentation, such as, misrepresentation of the terms of employment, the hiring entity, or the identity of the poster;

      • Requires an application fee or up-front or periodic payments; requires recruitments of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling);

      • Involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised position;

      • Contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorized to submit job ads;

      • Contains multiple job openings in a single job ad (unless you've purchased a service that permits this);

      • Discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in ASP Solar Technologies's reasonable discretion.

   2. Reviews on ASP Solar Technologies. You may not offer incentives in exchange for company or interview reviews. You may not trade reviews with other employers. We will remove reviews where we have evidence that users were compensated to leave reviews.

 

You may not coerce employees to leave reviews. Coercion includes asking employees to provide proof to an employer that they wrote a review whether or not that proof includes the content of the review itself.

If you are a multi-level marketing company, you agree that you have reviewed and will abide by the ASP Solar Technologies Guidelines for Multi-Level Marketing Companies.

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1. Special Provisions Applicable to Advertisers

This provision applies to all advertisers, including employers who purchase Job Ads or display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.

1. Enforcement by ASP Solar Technologies

   1. Removal of Content. While ASP Solar Technologies has no obligation to do so, ASP Solar Technologies reserves the right to review and delete (or modify) any Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on ASP Solar Technologies (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on ASP Solar Technologies that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: "Inappropriate" or "Flag Review") or by contacting us here. Once notified, we will review the Content and consider whether to remove or modify it. Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

   2. Copyright Policy. Please see our Copyright Complaint Policy for information about copyright and trademark disputes.

   3. Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content from ASP Solar Technologies (or modifying it); suspending your rights to use ASP Solar Technologies; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

   4. Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.

2. Rights to Your Content

 

We do not claim ownership in any Content that you submit to ASP Solar Technologies, but to be able to legally provide ASP Solar Technologies to our users, we have to have certain rights to use such Content in connection with ASP Solar Technologies, as set forth below. By submitting any Content to ASP Solar Technologies, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to ASP Solar Technologies's exercise of the foregoing license. No compensation will be paid with respect to the Content that you post through ASP Solar Technologies. You should only submit Content to ASP Solar Technologies that you are comfortable sharing with others under the terms and conditions of these Terms.

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1. Rights to ASP Solar Technologies Content

ASP Solar Technologies contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary (including all intellectual property) rights in the Content we each provide and ASP Solar Technologies owns and retains all property rights in ASP Solar Technologies. If you are a user, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Content from ASP Solar Technologies solely for your personal use in connection with using ASP Solar Technologies. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on ASP Solar Technologies or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to ASP Solar Technologies. ASP Solar Technologies ® is a registered trademark of ASP Solar Technologies, Inc. The trademarks, logos and service marks ("Marks") displayed on ASP Solar Technologies are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.

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1. Indemnity

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns (collectively, the "ASP Solar Technologies Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or otherwise arising from your use of ASP Solar Technologies, including due to or arising from your breach of any provision of these Terms.

1. Disclaimers and Limitation on Liability

 

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.

You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of ASP Solar Technologies. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on ASP Solar Technologies, whether caused by users or by any of the equipment or programming associated with or utilized in ASP Solar Technologies. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on ASP Solar Technologies or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with ASP Solar Technologies. Under no circumstances shall we be responsible for any loss or damage resulting from use of ASP Solar Technologies or from any Content posted on ASP Solar Technologies or transmitted to users, or any interactions between users of ASP Solar Technologies, whether online or offline.

ASP Solar Technologies is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) ASP Solar Technologies will meet your requirements; (2) ASP Solar Technologies will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of ASP Solar Technologies will be accurate or reliable.

You hereby release the ASP Solar Technologies Group from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with other users of ASP Solar Technologies, or (2) your participation in any of our offline events.

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IN NO EVENT SHALL THE ASP SOLAR TECHNOLOGIES GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF ASP SOLAR TECHNOLOGIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE ASP SOLAR TECHNOLOGIES GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF ASP SOLAR TECHNOLOGIES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

You acknowledge that you are familiar with the provisions of Section 1542 of the Georgia Civil Code, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the Georgia Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.

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1. Termination

These Terms remain in effect while you use ASP Solar Technologies and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of ASP Solar Technologies, without notice to you, if we believe that you have violated these Terms. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of ASP Solar Technologies. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.

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1. Changes to Terms

We may revise these Terms from time by posting an updated version on ASP Solar Technologies and you agree that the revised Terms will be effective thirty (30) days after the change is posted. Your continued use of ASP Solar Technologies is subject to the most current effective version of these Terms.

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1. Third-Party Discovery

You agree to waive your right to file a pre-suit discovery proceeding seeking a user's identifying information from ASP Solar Technologies. If you intend to propound discovery seeking a user's identifying information, you agree to do so pursuant to a valid Georgia subpoena, properly issued in connection with an active lawsuit and properly served on our registered agent in Georgia at ASP Solar Technologies, Inc., c/o CT Corporation, 818 W Seventh Street, Los Angeles, CA 90017. You further agree that discovery proceedings arising from such subpoenas shall be brought and resolved exclusively in the state courts located within Marin County, Georgia or the federal courts in the Northern District of Georgia, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for such discovery proceedings.

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1. Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ASP SOLAR TECHNOLOGIES ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND ASP SOLAR TECHNOLOGIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

1. Governing Law. This Agreement and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of ASP Solar Technologies, shall be governed by the laws of the State of Georgia without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. For any claim, dispute, or other legal proceeding not subject to the "Agreement to Arbitrate" provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Marin County, Georgia or the federal courts in the Northern District of Georgia, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

2. Agreement to Arbitrate. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and ASP Solar Technologies each agree that any and all disputes between consumer users of ASP Solar Technologies and ASP Solar Technologies arising under or related in any way to this Agreement and such users’ use of ASP Solar Technologies must be resolved through binding arbitration as described in this section. With the exception of the prohibition on class arbitrations set forth in this "Dispute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.

 

Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the ASP Solar Technologies Group by companies or other legal entities; and (d) a party’s right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If, for some reason, the prohibition on class arbitrations set forth in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply.

Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating arbitration. Notice to ASP Solar Technologies should be sent to the Litigation Department, ASP Solar Technologies Inc., 100 Shoreline Highway, Mill Valley, CA 94941. If you have an account on ASP Solar Technologies, notice to you will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If ASP Solar Technologies and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or ASP Solar Technologies may commence formal proceeding.

 

Arbitration Procedure. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association ("AAA"), if applicable, as modified by this section. Any settlement offer made by you or ASP Solar Technologies shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Atlanta, Georgia. For any claim where the total amount of the award sought is $10,000 or less, you and ASP Solar Technologies may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and ASP Solar Technologies subject to the arbitrator’s discretion to require an in-person hearing. In cases where an in-person hearing is held, you or ASP Solar Technologies may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same ASP Solar Technologies user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Opt-Out Procedure. IF YOU ARE A ASP SOLAR TECHNOLOGIES USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE THESE TERMS FIRST BECOME APPLICABLE TO YOU. YOU MUST MAIL THE OPT-OUT NOTICE TO ASP SOLAR TECHNOLOGIES INC, ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 100 SHORELINE HIGHWAY, MILL VALLEY, GEORGIA 94941.

 

For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of your agreement to arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the email address(es) associated with the ASP Solar Technologies account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of this Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Dispute Resolution section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than an change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding prior to the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and ASP Solar Technologies. We will notify you of changes to this Arbitration section by posting the changes on ASP Solar Technologies at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within the 30 day period and you will not be bound by the changes.

1. Other.

Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of ASP Solar Technologies and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of this Agreement is binding and the translations are provided for convenience only. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with ASP Solar Technologies's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to."

Please contact us with any questions regarding these Terms by contacting us here. click here to contact us.