INFORMATIONAL RESOURCE: The Site is an online information and coordination service for Developers, Owners, and Subscribers interested in developing and participating in community shared solar projects within the five boroughs of New York City (“Projects”). CUNY does not broker, arrange, subscribe to or otherwise participate in agreements for shared solar project development and is not a party to any transaction between Project Participants. As a result, CUNY does not (a) guarantee or ensure any profile or listing on the Site or any transaction between Project Participants, (b) execute any documentation on behalf of Project Participants, or (c) develop, host, or subscribe to any Project. You are strongly encouraged to use due diligence to evaluate Project Participants and any Project proposal and to personally inspect any proposed Project site prior to signing any lease, site use, solar services, power purchase or subscription agreement, or any other Project agreement or other documentation; providing personal information to any party; or wiring or otherwise sending money for any deposit, payment or fee. By using the Site, you acknowledge that profiles and Project information are subject to change at the sole discretion of the Project Participant at any time and without further notice.
PROJECT INFORMATION UPLOAD: You may upload information about your Project, proposed Project, or property onto the Site by completing the applicable template available on the Site and attaching additional relevant documentation. By uploading information onto the Site you grant to CUNY the irrevocable, perpetual, world-wide right to copy, display, publish, distribute, modify, creative derivative works of, and otherwise use such information, in any medium, now or hereafter known, without compensation to you. This includes, without limitation, the right, but not the obligation, to incorporate any information you upload to the Site into CUNY’s solar analytics database for internal use and for public display, in aggregate form on the New York City Solar Map (http://www.nycsolarmap.com/). Uploading copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. USE OF THE SITE AND THE DATA UPLOAD FUNCTION IS AT YOUR OWN RISK. While we will take reasonable precautions to ensure that the Site is secure, we cannot and do not guarantee that your data will be protected from exposure, access, or hijack by an unauthorized third-party during the loading process or while your uploaded data reside in the NYC Shared Solar Gateway database. Any loss, exposure, or damage of data is strictly at your own risk.
Except as otherwise provided in these Terms of Service or other applicable terms, CUNY cannot and does not monitor all of the content posted or transmitted by you and other third-party information providers. CUNY reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any content without notice, at any time for any reason. By using the Site, You expressly agree that CUNY (a) will not be liable for any claims, actions or judgments arising out of or related to any content and (b) may monitor, refuse to publish, remove, delete, move or edit any content without notice at any time for any reason, without liability. You further expressly agree that you are solely responsible for any and all content you submit to the Site.
INTELLECTUAL PROPERTY AND OWNERSHIP: We assert no claim of copyright in, or other ownership rights to, individual data items or other materials you may upload to the Site. Except as specifically set forth in the previous sentence, the content of the Site, including without limitation, text, graphics, images, software that permits the access and use of the Site, the selection and arrangement of material on the Site, trademarks, service marks, trade names, and any other intellectual property related to the Site or CUNY (collectively, “Content”) is protected by intellectual property laws, including copyright laws, and is the property of CUNY or licensed by CUNY. Except for Approved Uses, you are prohibited from copying, publishing, distributing, modifying, creating derivative works of, or otherwise using any Content without the express written consent of an authorized representative of CUNY.
The City University of New York, CUNY®, the names of CUNY colleges and schools and all related trade names and trademarks, the SUSTAINABLE CUNY® logo, NYSOLAR SMART®, and NYSOLAR SMART SOLARIZE® (“CUNY Marks”) are the property of CUNY. You may not use any CUNY Mark in any advertisement, publicity or in any other commercial manner without CUNY’s prior written consent. Other trademarks, service marks, and trade names used on this Site are the property of their respective owners. References on the Site to any third party trade name, trademark, service mark, product, service or process, including without limitation those of an Installer, do not constitute or imply CUNY’s endorsement, sponsorship or recommendation of such third party trade name, trademark, service mark, product, service or process, unless otherwise explicitly provided.
DISCLAIMER: The information shared through this Site is not a substitute to speaking with local jurisdictions about their permitting requirements and process, or conducting due diligence with respect to any site, Project, or Project Participants and any other third parties. This Site is an information resource communication portal and Projects, Project Participant information and other information may be unavailable or inaccurate due to issues including, but not limited to, outdated posts, or incomplete or corrupted databases. ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THROUGH THIS SITE IS PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING WITHOUT LIMITATION WARRANTIES (i) OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, (ii) THAT THE SITE CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE OR TIMELY, OR (iii) THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES.
Neither CUNY, nor the government of the City of New York or State of New York, nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States government or any agency thereof.
DEVELOPER CONTACTS AND ARRANGEMENTS: You may have the opportunity to contact Developers and other Project Participants and participate in Project or order or receive goods and services through links on the Site or by contacting Project Participants directly. The database of Project Participants included on the Site developed through an application/verification process]. Installers are required to be NY-Sun eligible solar system contractors or certified by the New York State Energy Research and Development Authority in order to use the Site. However, CUNY is not responsible for monitoring the status of Installers and does not guarantee that it will respond immediately to a change in an Installers eligibility or certification by removing the Installer from the Site or otherwise. It is your responsibility to verify that Project Participants you contact have necessary and appropriate credentials for your location and project.
All goods and services are provided by Project Participants pursuant to agreements, licenses or other arrangements between that Installer and you. All aspects of your transactions regarding goods and services with Project Participants, including, but not limited to, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Project Participant. Your rights and remedies with respect to such transactions shall be solely against the applicable Installer and any questions, complaints or claims related to any goods or services should be directed to that Installer.
LIMITATION OF LIABILITY: YOU HEREBY AGREE NOT TO HOLD CUNY, NEW YORK STATE, THE CITY OF NEW YORK, THEIR AGENCIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE, OR DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH: ANY FAILURE OF PERFORMANCE; ERRORS; INACCURACIES; OMISSIONS; DEFECTS; UNTIMELINESS; INTERRUPTION; DELETION; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF CONTENT; UNAUTHENTICITY OF ANY CONTENT IN THE SITE; ANY GOODS OR SERVICES ORDERED AS A RESULT OF CONTACTS MADE THROUGH THE SITE OR THAT WERE OTHERWISE PROVIDED BY AN PROJECT PARTICIPANT OR SOMEONE AFFILIATED WITH THE SITE, OR FOR ANY ACTION OR INACTION OF ANY PROJECT PARTICIPANT, OTHER USERS OF THE SITE OR OTHER THIRD PARTIES; OR OTHER SIMILAR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR SITE, EVEN IF CUNY, THE CITY OF NEW YORK, NEW YORK STATE, AND/OR ANY OF THEIR RESPECTIVE AGENCIES, AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You shall not:
(a) submit content that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b) engage in activity or submit content that could be harmful to minors;
(c) engage in activity or submit content that harasses or advocates harassment of another person;
(d) engage in activity that involves the transmission of “junk mail” or unsolicited mass mailing or “spam” to others;
(e) engage in activity, submit content, or promote information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) submit content that contains restricted or password-only access pages, or hidden pages or images;
(g) submit content that displays pornographic or sexually explicit material of any kind;
(h) submit content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(i) engage in activities or submit content that solicit passwords or personally identifiable information for unlawful purposes from others;
(j) except as otherwise expressly set forth herein, engage in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes;
(k) use the Site’s lead forms and/or email addresses or other contact information posted to the Site to advertise or promote products and services or to solicit site users in any manner other than as expressly set forth herein;
(l) use any robot, spider or other automatic device, or a manual process, to access, monitor or copy web pages or the materials contained in the Site or for any other unauthorized purpose;
(m) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site; or
(o) take any action that imposes an unreasonable or disproportionately large load on CUNY’s hardware and software infrastructure.
TERMINATION OF ACCESS OR SERVICE: We have the right (though not the obligation) in our sole discretion to block your email or IP address, or otherwise terminate or suspend your access to or use of the Site (or any part thereof), and CUNY may exercise any other remedy available and remove any content you have provided, at any time and without notice, if you if CUNY believes that your use of the Site and/or any content you provide (a) violate (i) these Terms of Service, (ii) the rights of CUNY or another User, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Apartments.com for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that CUNY post a bond.
If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by CUNY to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. These Terms of Service and any other terms and conditions or policies applying to your use of the Site, constitute the entire agreement between the parties regarding the subject matter hereof. Nothing contained herein shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES TO THESE TERMS OF SERVICE, PLEASE EXIT THE SITE IMMEDIATELY.
We reserve the right to modify, suspend or discontinue the Site, with or without notice, at any time and without any liability to Site users.
Last updated: 6/17/16