Terms of Service

(Revision Date: April 10, 2023)

By using the Sunworks and/or Solcius websites (the “Websites”), you agree to these Terms of Service. Do not use the Websites if you do not agree with these Terms of Service. We may change or update these Terms of Service and your use under such revisions or updates constitutes acceptance.

Privacy Policy

Information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy. The Privacy Policy does not control the privacy policy of companies with whom we must share information in order to provide you with online services, nor does it control the privacy policy of any linked/third party website. For information on the privacy policies of any linked/third party websites, you must contact such website for its privacy policy.

Sale or Distribution of Information

Sunworks, Inc., and its affiliated entities (collectively, “Sunworks”), does not provide your name, address, e-mail address and other information to companies unrelated to the online services for which you are inquiring. Also, if Sunworks chooses to sell or buy businesses or assets, your customer information is likely to be transferred as an asset.

Links/Third Party Websites

Our site may contain a link to other websites or resources over which we have no control. We do not endorse, nor are we responsible for, the content, accuracy, advertising, goods or services offered or available, or any other aspect of such linked websites. If you choose to visit or use such linked websites, we are not liable for any damages alleged or incurred with respect to the content, accuracy, advertising, goods or services offered or available, or any other aspect of such linked websites.

Proprietary Rights

The content included on this site such as text, graphics, buttons, logos, digitals, data and software and materials available on the Websites are protected by copyrights, trademarks, services marks, trade secrets and other proprietary rights and laws. You may not copy, sell, license, or otherwise distribute the content and materials of the Websites, nor may you create any derivative work from it. You are allowed, however, to print printable forms and to print one copy of the materials or content for your own personal, noncommercial use, subject to this proprietary notice.

Electronic Communication

When you visit the Websites or send e-mails to us, you are communicating with us electronically, and by doing so, you consent to receive communications from us electronically, subject to your right to opt out of receiving such electronic communications as detailed in the Privacy Policy. You agree that all agreements, notices, disclosure and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

ALL CONTENT AND MATERIALS, INCLUDING THE SERVICES MADE AVAILABLE THROUGH THESE WEBSITES, ARE PROVIDED AS IS. SUNWORKS PROVIDES NO WARRANTIES. THUS, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SUNWORKS DOES NOT WARRANT THAT THE CONTENT AND MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION WITHOUT INTERRUPTION. NOR DOES SUNWORKS WARRANT THAT THE WEBSITES ARE FREE OF VIRUSES, DEFECTS, OR ERRORS. YOUR USE OF THIS WEBSITES IS SOLELY AT YOUR RISK. IF A JURISDICTION DOES NOT PERMIT SUCH AN EXCLUSION OR SUCH A LIMITATION ON WARRANTY, THIS EXCLUSION AND/OR LIMITATION ON WARRANTY WILL BE TO THE EXTENT PERMITTED BY LAW.

Limitation of Liability

SUNWORKS, INC., ITS AFFILIATED ENTITIES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AND REPRESENTATIVES (THE “SUNWORKS PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE WEBSITES, EVEN IF ONE OR MORE OF THE SUNWORKS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES IRRESPECTIVE OF THE BASIS OF LIABILITY. IF A JURISDICTION DOES NOT PERMIT SUCH AN EXCLUSION OR SUCH A LIMITATION ON LIABILITY, THE EXCLUSION OR LIMITATION ON LIABILITY WILL BE TO THE EXTENT PERMITTED BY LAW.

Indemnification

If requested by a Sunworks Party, you will defend, indemnify, and hold harmless the Sunworks Parties from all claims, liabilities, and expenses (including attorney’s fees) arising from or relating to your use of the Websites. The Sunworks Parties are entitled to control the defense of such claim or action, and you agree to cooperate with the Sunworks Parties in such defense.

Choice of Law; Venue

These Terms of Service are governed by California law, without regard to principles of conflict of laws. Further, any claim or action arising out of or relating to these Terms of Service, or your use of the Websites, may be filed only in the state or federal courts located in the county of Sacramento, California, and you agree to be subject to the personal jurisdiction of such courts.

Termination

Sunworks, Inc., and/or its affiliated entities, may cancel or terminate your right to use the Websites or any part of the Websites at any time without notice. In the event of termination, you are no longer authorized to access the part of the Websites affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Websites and the disclaimers and limitations of liabilities set forth in these Terms of Service shall survive.

Entire Agreement; Severability

These Terms of Service constitute the entire agreement between you and Sunworks with respect to the Websites. If any portion is held invalid or unenforceable, the remaining portions will remain in full force and effect and, if possible, the portion found unenforceable will be construed in a manner consistent with the remaining portions.