1. INFORMATION WE COLLECT

There are several ways that we may collect information about you, including through (A) information you provide to us directly; (B) information that we automatically collect; and (C) information we receive from third parties. This includes data that identifies you personally whether directly (i.e., your name) or indirectly (i.e., information about your online use).

A. Information You Provide To Us

We may collect information directly from you when you provide it to us on the Services. This may include when you use our Services, purchase products or services, request information from us, sign up for newsletters or our email list, fill out a survey, request customer support, or otherwise communicate with or contact us. The information we collect may include your name, postal address, email address, telephone number, referrals, and information about your solar activities, such as home ownership, home statistics, home energy usage or utility provider, or demographic information.

You also may provide us with certain information in connection with your interactions with the Services:

• Information You Provide Through Third-Party Websites or Services. If you connect or link to us through a third-party website or service, such as a social media account, we may automatically receive certain information about you based on your registration and privacy settings on those third-party websites or services. This may include, but may not be limited to, your name, user name, demographic information, updated address or contact information, location, interests, and publicly-observed data, such as online activity.

B. Information Automatically Collected

Whenever you visit or interact with the Services, we may use a variety of technologies such as cookies, clear GIFs, pixel tags, log files, and other technologies or third-party services (such as LeadID) to automatically or passively collect certain information about users of the Services and interactions with our emails and online advertisements.

We may also automatically collect the following information about you:

• Computer or Device Information: We may automatically collect your Internet Protocol (“IP”) address or other unique identifier or information from the computer, mobile device, tablet or other device you use to access the Services, including but not limited to your browser type, device type, system type, and the domain name from which you accessed the Services.
• Usage Information: We may collect information about your use of the Services, including the date and time you visit the Services, the content, areas, or pages of the Services that you visit, the website or app from which you navigated to the Services, the page or app you visit after leaving the Services, the amount of time you spend viewing or using the Services, the number of times you return to the Services, as well as other click-stream or usage data, and whether you open, forward or click-through an email to the Services. For legal compliance purposes, we may also capture or record your interactions with harvestpowersolar.com or harvestpowersolar.com confirm that your information was submitted to us through harvestpowersolar.com or harvestpowersolar.com
• Via Our Third Party Service Providers. We may use third party service providers to support our Site or Apps. Some of these service providers may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, or HTML5 cookies to receive, collect, and store information.
• Use of Third-Party Analytics and Technologies: We may use third parties’ analytic and tracking tools, such as Google Analytics for Display Marketing, to better understand who is using the Services, how people are using the Services, and how to improve the effectiveness of the Services and their content, and to help us or those third parties serve more targeted advertising to you across the internet. These tools may use cookies, web beacons, pixel tags, log files, Flash cookies, or other technologies to collect and store information about you. They may also combine information they collect from your interaction with the Services with information they collect from other sources. We do not have access to, or control over, these third parties’ use of cookies or other tracking technologies.

To learn more about our interest-based advertising and your advertising choices relating to the collection and use of your information, please see the “How We Use Your Information” and “Your Choices and Opting Out” sections below.

C. Information Collected from Other Sources

We may acquire information from other sources as follows:

• From Our Partners and Service Providers: We may use third-party service providers to support our Services and perform other business processes on our behalf, including, without limitation, to perform credit checks and process credit card payments, and we may obtain information from these third parties.
• From Other Third Parties: We may obtain information about you from other third-party sources, including commercially available sources, such as data aggregators and public databases. This information may include your name, demographic information, utility usage information, interests, and publicly-observed data, such as online activity.

We may use this information to help us maintain the accuracy of the information we collect, personalize your experience with the Services, target our communications so that we can inform you of products, services or other offers that may be of interest to you, to measure ad quality and responses, and for internal business analysis or other business purposes.

D. Combination of Information

We may combine the information that we receive from and about you, including information you provide to us and information we automatically collect through the Services, as well as information collected from other online or offline sources, including from third-party sources and from your installed solar system.

2. HOW WE USE YOUR INFORMATION

A. Information Use By or For Harvest Power

We may use the information we collect from and about you for any of the following purposes:

• To present our Services and their contents to you.
• To analyze, improve, operate, and maintain the Services, our programs, services, and other systems, and to develop new products and services.
• To provide you with information, products, or services that you request from us, and to contact and communicate with you when necessary.
• To assess the suitability of your property for a solar system.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Services or any products or services we offer or provide though them.
• To provide you and other users with customized content, targeted offers, and advertising on the Services, or across other websites, mobile applications, social media or online services, or via direct mail, email, and/or telemarketing regarding offers, contests, events, news, programs, and other retail opportunities from us and/or selected third parties that we believe may be of interest to you.
• To determine the effectiveness of our marketing programs.
• To use your data in an aggregated non-specific format for analytical and demographic purposes.
• In any other way we may describe when you provide the information to us.

Additionally, if you use the Services to connect with third-party services that you authorize us to use information from and about you, on your behalf, to interact with these third-party services based on your requests.

B. How We Use Your Information for Interest-Based Advertising

We may use third parties to measure and target advertisements for us about our products and services that are tailored to your online interests. We allow these third-party companies to use cookies, web beacons, pixel tags and similar technologies to collect certain data and other information about your online activity. This information is used to display advertisements for Harvest Power on on the Services or across other websites, mobile applications, social media or online services that you use.

We also may display interest-based ads through Facebook, Twitter, or other social media platforms or websites. This is done through the Facebook Custom Audiences, Twitter Tailor Audiences, or other similar business tools. These tools allow us to personalize our ads based on your shopping experience with us, without having to share your personal information with these social media platforms. We do this only by sharing hashed information (which converts your email or phone number to a unique string of numbers and letters) that the social media platform then matches data against its own data for the limited purpose of serving advertisements (either directly to you or to other lookalike audiences). The matched and unmatched hashes are then deleted, and are not used for any other purpose.

For information on your choices with respect to interest-based ads, see the “Interest Based Advertising Choices” section below.

3. DISCLOSURE OF YOUR INFORMATION

We may disclose information that we collect from and about you as described below.

A. Sharing of Information by You

The Services offer many ways to find, enjoy, and share content. Your activity in connection with the Services may include filling out surveys, reviewing and rating products or services, inquiring about or purchasing products or services, participation in online communities, “liking” or “sharing” our content to your social media accounts or pages or otherwise interacting with the Services. Any information you may disclose through the Services, in blogs, on message boards, in chat rooms, or on other public areas through the Services or other third-party websites, applications, or services that these Services may link to, becomes public information. Please exercise caution when disclosing personal information in these public areas.

B. Sharing of Information by Us

We may share your personal information for business or commercial purposes as follows:

• Affiliates: We may share your information with our affiliates and subsidiaries for business and operational purposes.
• Service Providers: We may share your information with third-party contractors, service providers, and other third parties that we use to support our business and who are required to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• Sale or Transfer of Business or Assets: We may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be among the assets transferred.
• Marketing Partners and Other Third Parties: Harvest Power does not monetize your information. Harvest Power may share your information with our online and email advertisers or other third-party vendors we use who may provide cookies, pixel tags, web beacons, clear GIFs or other similar technologies for use on our Sites or other websites to manage and improve our online and email advertising campaigns.
• Compliance with Laws: We may access and disclose your information to comply with any court order, law, or legal process, including responding to any subpoenas, judicial processes, or government or regulatory requests and investigations.
• Enforcing Our Rights: We may disclose your information to enforce or apply our terms of service (see our terms of service) and other agreements, including for billing and collection purposes, or to protect the security of our Services, servers, network systems, and databases.
• Sale or Transfer of Business or Assets: We may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be among the assets transferred.
• Safety: We may access and disclose your information if we believe disclosure is necessary or appropriate to protect our rights, property, or safety, or the rights, property, or safety of our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• Aggregate or Anonymous Non-Personal Information: We may share aggregate, anonymous, or de-identified non-personal information with third parties for their marketing or analytics uses.
• Other: We may share your information as described to you at the point of collection.

4. YOUR CHOICES & OPTING OUT

A. Cookies, Tracking Options and California Do Not Track Disclosures

Certain parts of our Services require cookies. You may adjust your device or Internet browser settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Services or take full advantage of all of our offerings. Please refer to your device’s settings or your Internet browser’s “Help” section for more information on how to delete and/or disable cookies or to control your tracking preferences.

Our system may not recognize “do not track” requests or headers from some or all browsers. We may use cookies or other technologies to deliver more relevant advertising and to link data collected across other computers or devices that you may use.

B. Interest-Based Advertising Choices

To understand your choices for receiving more relevant advertising provided on the Service or across other websites and online services, please review the information below:

• To learn more about such interest-based advertising, and to opt out of such collection and use for interest-based advertising by the Digital Advertising Alliance (DAA) participating companies, please visit http://www.aboutads.info/choices/.
• To opt out from the use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) member companies, please visit http://www.networkadvertising.org/choices/.
• To opt out of the use of your mobile device ID for targeted advertising, please see http://www.aboutads.info/appchoices.
• If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available at https://tools.google.com/dlpage/gaoptout/.
• On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising. Even if you opt out, you still may receive advertising from us that is not customized based on your Service or usage information, or advertising from other third parties if they are not a DAA or NAI participating company.

C. Unsubscribing from Our Marketing Communications

We provide our customers, as well as individuals referred by our customers, with the opportunity to opt out of having their information used for purposes not directly related to placement, processing, fulfillment, or delivery of a product or service.

To opt out of marketing communications or to request to be added to our Do Not Call List or Do Not Mail List, you may use one of these convenient methods:

• Email Offers: If you receive commercial email from us, you may unsubscribe at any time by following the instructions contained within the email, or by sending us an email or writing to us at the addresses listed below. You should note that unsubscribing from our emails will not automatically unsubscribe you from emails sent by any third party, and you will need to separately unsubscribe from such third party’s communication, if desired.
• Direct Mail Offers: If you do not wish to be notified by postal mail regarding products, services, events, programs, and offers that we believe you may find of interest, send us an email or write to us at the addresses listed below.
• Telemarketing: If you do not want to receive marketing phone calls from us, you may: (i) email us at [email protected] with “Do Not Call” in the subject line; (ii) call us at 631-647-3402 (iii) ask to be placed on our Do Not Call list when you receive a call from us; or (iv) mail us at the address listed below. Once we place your name on our internal “Do Not Call” list, we will no longer call you for marketing purposes (unless you submit another inquiry or request another consultation/quote from us after your initial do-not-call request). We will honor your request as soon as reasonably practicable. You may still receive calls from third parties who are not calling on our behalf regarding their products and services, and you will need to separately request that those parties not call you.

If you receive marketing communications from one or more of our affiliates or subsidiaries, you must opt out individually from each of the brands from which you are receiving brand-specific marketing communications.

D. With Respect to Other Third-Party Communications

Any third parties to whom we may disclose your information may have their own privacy policies which describe how they use and disclose your information, and your choices. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties.

E. Accessing or Updating Your Information
You can contact us to request to request a correction to or deletion of certain information you provided us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

6. THIRD-PARTY CONTENT, LINKS, AND PLUG-INS

The Services may contain links to third parties who partner with us. If you use those links, these third parties may collect information about you. We do not control third-party links or how these third parties collect and use your personal information. If you have any questions about their privacy practices, you should view their privacy policies and/or contact those third parties directly.

The Services also may offer you the ability to interact with social plugins from social media sites, which may allow us and/or the social media site to receive data from or about you. In some cases, we may know that you clicked on a social plugin, such as a Twitter Follow button, or receive other information from the social media sites. Similarly, if you have previously provided personal information to a third party operating a plug-in on the Services, then such third party may recognize you on the Services. Your choice to use social network plugins and provide your information to them is subject to each social media site’s privacy policy, which may be different from ours, so please read these policies carefully to understand their policies and your options. As with linked sites, we have no control over the information that is collected, stored, or used by social network plugins, and are not responsible for the practices of such sites.

7. CHILDREN’S PRIVACY

Protecting children’s privacy is important to us. We do not direct the Services to, nor do we knowingly collect any personal information from children. If we learn that a child has provided personally identifiable information to the Services, we will use reasonable efforts to remove such information from our files.

8. DATA SECURITY

We have implemented measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to ensure the integrity and security of our network and systems, we cannot guarantee our security measures.

9. CHANGES TO OUR PRIVACY POLICY

We will post any changes to our Privacy Policy here, as well as provide a notice of the update on applicable website pages. If we make material changes that allow us to use your personal information in a less restricted way, we will make reasonable efforts to notify you. The date the Privacy Policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Services to check for updates to the Privacy Policy. Your continued use of the Services after we change the Privacy Policy means you accept those changes.

10. CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us:

1. By Mail: Harvest Power LLC, 2941 Sunrise Hwy, Islip Terrace, NY 11752
2. Via email to: [email protected]
3. Via email: 631-647-3402
   
   Updated 1/5/2022

Harvest Power LLC.com Terms of Service

Last updated: April 16, 2021

IMPORTANT: The section below titled “Dispute Resolution & Arbitration” requires you to arbitrate claims you may have against Harvest Power LLC Inc. (“Harvest Power LLC” or “we“), meaning you cannot bring claims against Harvest Power LLC in court, and confirms your agreement to a class action waiver in arbitration. It affects your legal rights. Please read it carefully.

Welcome to harvestpowersolar.com These Terms of Service (the “Terms”) are a binding legal agreement between you and Harvest Power LLC, regarding your use of our websites(including harvestpowersolar.com and harvestpowersolar.com),and our services, including our services available through our online tools (the website and services are collectively referred to as the “Service“). Please read these Terms carefully.

In addition, when using certain features of the Service, such as any downloadable software applications and the that we may make available, you also will be subject to any additional guidelines, terms, or agreements applicable to such features (“Policies“). All such Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the terms in the Policy will control.

We may periodically make changes to these Terms. By accessing or using the Service or, you accept these Terms and any modifications that we may make to these Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Agreement for your use of the Service as of the date of the modification. If you do not agree with any provision of these Terms, you must not use the Service.

1. The Service.Harvest Power LLC provides photovoltaic solutions. Property owners can receive free quotes for solar solutions.
    
2. You must be 18 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms. The Services are not intended for those under the age of 18.
   
    
    
   
    
3. Use of Data. Any Data on the Service is for informational purposes only. Harvest Power LLC does not confirm the accuracy of any Data posted to the Service. Harvest Power LLC is not responsible for your use of the Data.
   
   
    
4. Use Restrictions.You will not: (a) use the Service for any commercial purpose (unless you have entered into a separate agreement with Harvest Power LLC expressly permitting commercial use); (b) use the Service to “stalk” or harass any person; (c) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process, including phishing, for any purpose without our express written permission; (d) violate the restrictions in any robot exclusion headers on the Service or bypass or circumvent other measures employed to prevent or limit access to the Service; (e) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (f) “frame,” “mirror,” or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (g) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation.
   
    
5. Interactive Services.The Service may include interactive features and services, including social networking functionality, forums, message boards, and similar services, in which you or third parties may send messages to Service users, and create, post, or store profile data, photographs, ratings or reviews, and other content on the Service (“Interactive Services”). You are solely responsible for your use of Interactive Services and should use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Service any of the following:
   • Material that in our sole discretion is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent;
     
     
   • Material that violates, or that causes us or our affiliates, subsidiaries, or partners to violate, any applicable law, regulation, or order of any governmental authority in any jurisdiction;
     
     
   • Material that infringes or violates, or that may infringe or violate, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available;
     
     
   • Private or confidential information of any person or entity, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers, and any trade secrets or information for which you have any obligation of confidentiality or material that impersonates any person or entity, or misrepresents your affiliation with the Service or with any other person or entity;
     
     
   • Material that is or contains any advertising or solicitation, including, without limitation, links to commercial products or services or any political campaigning (except in portions of the Service that are expressly designated as portions in which such material is allowed);
     
     
   • Comments that in any way refer to persons under 18 years of age;
     
     
   • Viruses, corrupted data, or other harmful, disruptive, or destructive files; or
     
     
   • Material that, in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Service, or which may expose us or our users to harm or liability of any nature.
     
     

ANY MATERIAL THAT YOU SUBMIT OR UPLOAD TO PUBLIC OR COMMON AREAS OF THE SERVICE, INCLUDING PHOTOGRAPHS OF YOURSELF OR YOUR HOUSE, MAY BE PUBLICLY AVAILABLE. IF YOU DO NOT WANT ANY MATERIAL TO BE AVAILABLE TO OTHERS, DO NOT UPLOAD OR OTHERWISE SUBMIT THAT MATERIAL TO ANY PUBLIC OR COMMON AREA OF THE SERVICE. We take no responsibility and assume no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage to any of that material. Although we have no obligation to screen, edit, or monitor any material posted on or transmitted through the Service, we reserve the right, and have absolute discretion, to remove, screen, and edit any material posted, stored, or transmitted on or through the Service at any time and for any reason without notice.  

If you post material on or through the Service, then, unless we indicate otherwise, you: (a) grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant us and our affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if we choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Service; and the use and posting of material you supply, by you or by us, does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.  

You acknowledge and agree that Harvest Power LLC may preserve any profile data, photographs, and other content (“Content“) and, consistent with its Privacy Policy, may also disclose Content if required to do so by law or if Harvest Power LLC believes in good faith that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Harvest Power LLC, its users or the public.

 

6. Modifications to the Service.Harvest Power LLC reserves the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the Service.
   
    
    
7. Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (collectively “Feedback“), are non-confidential and you hereby grant to us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use your Feedback for any purpose without compensation or attribution to you.
   
    
8. Copyright Infringement.We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the access privileges of those who infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the time(s) and date(s) the material that you claim is infringing was displayed on the Service; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
   
   
   
   If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user content, you may send a counter-notice containing the following information to the copyright agent: (1) your physical or electronic signature; (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (4) your name, address, telephone number, and e-mail address; and (5) a statement that you consent to the jurisdiction of the federal court in Suffolk County, NY and will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Our designated agent for notice of copyright infringement can be reached at: Harvest Power LLC,  2941 Sunrise Hwy, Islip Terrace, NY 11752.
   
    
9. Harvest Power LLC, the Harvest Power LLC logo, and any other product or service name or slogan contained on the Service are trademarks or registered trademarks of Harvest Power LLC and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
   
    
10. We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
    
     
11. Third-Party Content.The Service may contain links to Web pages and content of third parties (“Third-Party Content“) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
    
     
12. Privacy Policy.We collect registration and other information about you through the Service, when you choose to provide it to us, and automatically. Our collection and use of this information is described in the Privacy Policy available available at harvestpowersolar.com/privacypolicy
     
13. You will defend, indemnify and hold harmless Harvest Power LLC, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
    
     
14. Disclaimer of Warranties.YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, HARVEST POWER LLC AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HARVEST POWER LLC DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF IMPLIED WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. WITHOUT LIMITING THIS SECTION, HARVEST POWER LLC MAKES NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION CONTAINED OR REFERENCED IN THE SERVICE, INCLUDING ANY DATA. TECHNOLOGY CHANGES FREQUENTLY AND THEREFORE INFORMATION CONTAINED ON THE SERVICE MAY BE OUTDATED, INCOMPLETE OR INCORRECT. HARVEST POWER LLC DOES NOT ASSUME ANY RISK WHATSOEVER FOR YOUR USE OF THE SERVICE OR THE DATA CONTAINED ON THE SERVICE.
    
     
15. Limitation of Liability.TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, NEITHER HARVEST POWER LLC NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HARVEST POWER LLC OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, THE MAXIMUM TOTAL LIABILITY OF HARVEST POWER LLC AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS ONE HUNDRED DOLLARS ($100). EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    
     
16. Consent to Electronic Communications.By using the Service, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. 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.
    
     
17. General Legal Notices.Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination. These Terms, including all Policies, constitute the entire agreement between you and Harvest Power LLC concerning the Service. These Terms supersede all prior agreements or communications between you and Harvest Power LLC regarding the subject matter of these Terms.
    
     
18. Dispute Resolution & Arbitration.Please read this section carefully. It may significantly affect your legal rights, including your right to file a lawsuit in court. These Terms are governed by the laws of the State of New York, excluding conflict of laws principles. YOU AND HARVEST POWER LLC AGREE TO RESOLVE ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS BY BINDING, BILATERAL ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AND HARVEST POWER LLC AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
    
    You and Harvest Power LLC agree that the arbitration will be conducted in Suffolk County, NY and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by New York law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
    
     

1. Questions & Contact Information. If you have any questions or concerns about the Service, or these Terms, you may email us at [email protected] or write us at: Harvest Power LLC., Attn: Web Site Administrator, 2941 Sunrise Hwy, Islip Terrace, NY 11752,