Terms of Service
Effective Date: January 1, 2020
THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS. PLEASE READ IT CAREFULLY. BY USING OUR SITE, YOU ARE CONFIRMING YOUR AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS DESCRIBED HEREIN, YOU MUST LEAVE OUR SITE IMMEDIATELY.
This Terms of Service Agreement (“TOS”) is a legal agreement between you and Energy Loan Network, Inc. (“ELN”), and governs how you may use our website (“Site”) and the ELN Service defined in Section 1. When you utilize our Service, you are confirming your understanding of and agreement with these Terms and the license granted herein. Any rights not expressly granted herein are reserved by ELN.
1. Service Description. We provide a solar and energy efficiency financing platform (the “Service”) that enables contractors to assist consumers to finance the purchase and installation of residential solar energy systems and other energy efficiency upgrades by connecting them with participating lenders (“Lenders”). The Service is provided to consumers free of charge. ELN is not a broker or Lender, but it may offer information and guidance to assist consumers to select the Lender that best meets their needs. All Lenders are independent third parties, each of which employ their own lending criteria, and not all consumers will qualify. ELN does not sell, resell, or license any of the services offered by Lenders or contractors, nor is ELN acting as an agent for Lenders. ELN DISCLAIMS ANY RESPONSIBILITY FOR, OR LIABILITY RELATED TO, ANY SERVICE OFFERED BY PARTICIPATING LENDERS AND CONTRACTORS (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints, or claims related to any Lender should be directed to the Lender. ELN only offers the information that Lenders provide regarding their programs, and is therefore not responsible for any inaccuracies in the information we offer. Information on this site s provided for informational purposes only and does not constitute an endorsement by ELN of any participating Lender.
2. Applying for Financing. If you elect to apply for financing on our Site, you do so under the specific terms offered by a Lender, so you must also agree to and understand those terms. Your interaction with any Lender accessed through this Site is at your own risk and ELN does not have any responsibility for the quality of the services you receive from any such Lender. In addition, when you submit an application through ELN, you and any co-applicant agree to the following:
- All information you provide during the application process is true and correct;
- You may cancel your application at any time;
- You authorize any Lender to whom your application has been submitted to pull your credit report to evaluate your creditworthiness;
- ELN offers no guarantee that a participating Lender will make you a financing offer, or that any offer will feature a specific interest rate or other terms and conditions;
- ELN is not responsible for any errors or delays related to your application, regardless of the cause of such delay.
3. License. ELN hereby grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site under the terms set forth below. The Site and the content, including, but not limited to, text, data, reports, opinions, software (including HTML-based computer programs), images, photos, graphics, graphs, charts, animations and video (collectively the “Content”) displayed on the Site may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Service, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of ELN.
The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on this website are registered and unregistered marks of ELN and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. ELN’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without our prior, written permission To request permission to use the Marks or Content on the Site, or any other ELN material, please contact us.
4. Termination of License. ELN reserves the right to terminate the License granted herein and deny you access to the Service (or any portion of the Site) in its sole discretion, without any advance notice or liability to you and liability if it believes your conduct fails to conform with these Terms of Service. ELN also reserves the right to investigate suspected violations of these Terms of Service, including, without limitation, any violation arising from any e-mails you send to ELN
5. General Prohibitions. You may not do any of the following:
a. Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the website or Service;
b. Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the website or Service;
c. Interfere with or disrupt the website, or servers and networks connected to the website, or circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service;
d. Modify the website or Service in any manner or form, or use modified versions thereof;
e. Use any robot, spider, scraper, or other automated means to access the Service for any purpose;
f. Take any action that imposes or may impose an unreasonable or disproportionately large load on the ELN network infrastructure; or
g. Knowingly disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies, or otherwise utilize the Service in any manner that violates any statute, rule, or regulation.
6. Outbound Links: This site may include outbound links to websites and social networks that are not owned or operated by ELN, and are subject to different terms and conditions. If you follow outbound links, you will be legally bound by the terms and conditions of those websites and social networks to which they lead. Any outbound links are provided solely for your reference, and are not to be viewed as an authorization, endorsement, sponsorship, or affiliation by, of, or with such website or social network. ELN makes no representations whatsoever concerning such websites and social networks, or any products or services they may offer. You are solely responsible for determining the extent to which you may use any content at any other websites and social networks you visit via an outbound link from this site.
7. No Warranty. THE CONTENT AND THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. ELN MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SITE, THE SITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE. ELN HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
8. Limitation of Liability & Release. In no event shall ELN be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the Site or the Service, including without limitation to losses incurred due to: (a) any inaccurate information published on the site or any site accessible via an outbound link; (b) software glitches, server failures, power outages, or any other issue beyond ELN’s control; (c) any delays in or failure of the Service to operate as described; (d) any unauthorized disclosure of account information that may occur through the actions of any third party, such as hackers; (de) any damage to your website code or content resulting from your use of our API; (f) damages or losses of any kind resulting from actions you take in reliance upon any results or other information provided by the Service; and (g) any other damages or losses you may incur in connection with your use of the ELN site or service. IN NO EVENT WILL ELN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
ELN is not responsible for examining or evaluating the business practices, action, omissions, or services of participating Lenders. If you elect to establish an account with a Lender on this site, you should first carefully review the terms and conditions of that Lender’s service. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A LENDER LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE ELN, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a New Jersey resident, certain sections of this TOS, including Sections 7 and 8, may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act. Additional states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
9. Copyright: All information and content (“materials”) on this website and any intellectual property rights embodied therein are the property of ELN. Unless otherwise stated herein, none of the materials on this website may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of ELN or the original copyright holder. You may display and print materials available on this website solely for your personal, non-commercial use, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Unauthorized use of materials contained on this site is expressly prohibited by law, and may result in severe civil and criminal penalties.
10. Choice of Law; Forum: This document shall be governed in all respects by the laws of the United States and the State of California. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Los Angeles, California, except that arbitration proceedings may be conducted by telephone. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
Any claim or cause of action arising out of your use of the Site or Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ELN to enforce or exercise any provision of this TOS or any related right shall not constitute a waiver of that right or provision. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
11. Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by ELN applying California law. The arbitration may be conducted telephonically, with the costs to be split evenly between the parties.
12. Modification and Notice of Changes: ELN reserves the right to modify the information contained on this website or these Terms at any time without notice. You are responsible for reviewing these Terms on this website. Accessing this website after any changes to these Terms have been posted thereon will constitute your acceptance of all such changes. You have the right to accept or reject any changes in these Terms. If you reject any changes in these Terms, please discontinue use of the website immediately. Unless specifically stated otherwise, any new features, products or services added to the website shall be subject to these Terms. Some new products or features may require your acceptance of new or additional terms before use.
13. Entire Agreement. This Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
14. Severability. If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions shall continue in full force and effect.
If you have any questions or concerns regarding this TOS, please contact us.
The Energy Loan Network, Inc.
P.O. Box 1115
Simi Valley, CA 93062