Terms of Service
IMPORTANT: The section below titled "Dispute Resolution and Arbitration" requires most disputes between you and Sunny Earth to be resolved by binding individual arbitration rather than in court, and includes a class action waiver. It affects your legal rights. Please read it carefully.
Welcome to Sunny Earth. These Terms of Service (the "Terms") are a binding agreement between you and Sunny Earth LLC, a Delaware limited liability company with offices at 10 Bond Street, Ste 177, Great Neck, NY 11021 ("Sunny Earth," "we," "us," or "our"). The Terms govern your use of our websites (including www.sunnyearth.us), any customer portal or online tools we make available, our text-message program (the "SMS Service," described in Section 7), and any other content, features, or services we provide online or by phone (together, the "Service").
If you have signed a Solar Lease Agreement or other written contract with Sunny Earth (a "Customer Agreement"), that Customer Agreement governs the installation, ownership, operation, and financing of your solar energy system. If these Terms conflict with a Customer Agreement, the Customer Agreement controls with respect to its subject matter. Additional guidelines or terms that we post for specific features ("Policies") are incorporated into these Terms and control over these Terms if they conflict.
By accessing or using the Service, you accept these Terms and our Privacy Policy. We may update these Terms from time to time. The date of the most recent revision appears at the top of this page, and changes take effect when posted. Your continued use of the Service after a change means you accept the revised Terms. If you do not agree to these Terms, please do not use the Service.
1. The Service
Sunny Earth designs, arranges the installation of, owns, and maintains residential solar energy systems that it leases to homeowners. Installation is performed by licensed installers that work with us as subcontractors. Through the Service you may request a quote, submit information about your home, review a proposed system design, communicate with our team, and, where offered, view information about your system or account.
Quotes, savings projections, production estimates, and incentive information provided through the Service are estimates only, are not offers, and are subject to a site evaluation, engineering review, utility and permitting approvals, and a signed Customer Agreement. Sunny Earth does not guarantee utility savings and does not provide tax, accounting, legal, or financial advice. Any tax credit, abatement, rebate, or other benefit depends on your individual circumstances and on programs we do not control, and you should consult your own qualified advisor.
2. Eligibility
You must be at least 18 years old and a resident of the United States to use the Service. The Service is not intended for individuals under 18. By using the Service you represent that you meet these requirements, that any information you provide is true, accurate, and complete, and that you are legally able to enter into these Terms.
3. Accounts and Customer Portal
If we provide you with an online account or portal, you agree to keep your login credentials confidential, to provide and maintain accurate account information, and to notify us promptly at (929) 223-6584 or by email if you believe your account has been accessed without authorization. You are responsible for activity that occurs under your credentials. We may suspend or close an account at any time if we believe it is being misused or if required to protect the Service or other users.
4. Payments
If the Service allows you to make a payment to Sunny Earth, you authorize us and our payment processors to charge the payment method you provide, which you represent you are authorized to use, for the amount you select together with any applicable taxes. If a payment is returned or declined, you remain responsible for the amount due and for any fees imposed by your bank or card issuer. Please tell us about any billing error within 90 days after it first appears; we will investigate and correct genuine errors.
Amounts due under a Customer Agreement, including any prepaid lease amount, are governed by that Customer Agreement and by any separate financing agreement you have with a lender. Sunny Earth is not your lender and is not responsible for the terms of any loan you use to pay for your system.
5. Credit and Application Information
To evaluate a lease application, a transfer of a Customer Agreement to a new homeowner, or eligibility for certain offers, we may ask for personal and financial information and may obtain a consumer report about you from one or more consumer reporting agencies. By submitting an application or authorizing a credit check through the Service, you consent to our obtaining and using your consumer report for these purposes and, where your Customer Agreement permits, periodically thereafter. Automated tools, including credit scoring models, may be used as part of this evaluation. Questions about how credit information is used may be directed to (929) 223-6584.
6. Consent to Calls, Texts, and Electronic Communications
By using the Service, you consent to receive electronic communications from us, including emails, portal notices, and text messages, and you agree that these communications satisfy any legal requirement that a communication be in writing. You are responsible for keeping an active, deliverable email address and mobile number on file with us.
When you provide a telephone number to Sunny Earth, you agree that Sunny Earth and its affiliates may call and text you about solar products, energy services, and related offerings using an automatic telephone dialing system, pre-recorded or artificial voice messages, or any other computer-assisted technology as applicable, even if your number is on a national or state "Do Not Call" list. Agreeing to receive marketing calls or texts is not a condition of purchasing any product or service from Sunny Earth, and you may opt out at any time as described in Section 7 and in our Privacy Policy. Message and data rates may apply.
We may record calls and retain text, chat, and email communications for quality, training, and compliance purposes.
7. SMS Terms of Service
Use of Sunny Earth LLC's text message-based services (the "SMS Service") is subject to the terms in this Section 7 in addition to the rest of these Terms.
Opting In
Sunny Earth LLC will provide several opportunities to opt in to our SMS Service, such as entering your phone number online, sending a text message with a specified keyword, completing a paper form, or signing up at a point-of-sale location. When you opt in, you will receive a confirmation message. The opt-in message you will receive is: "TEXT JOIN to (917) 423-6612 to sign up to receive notifications from Sunny Earth LLC."
You will receive recurring messages. Message frequency varies. Messages may include appointment and installation updates, account and service notifications, and promotional offers.
How to Opt Out
You can cancel the SMS Service at any time. Just text "STOP" to (917) 423-6612. After you send the SMS message "STOP," we will send you a confirmation message that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time, and we will start sending SMS messages to you again.
Help Information
If at any time you forget what keywords are supported, just text "HELP" to (917) 423-6612. After you send the SMS message "HELP," we will respond with instructions on how to use our SMS Service and how to unsubscribe. For questions about the SMS Service, you can also send an email to mary.lacandazo@sunnyearth.us.
Mobile Carriers Supported
We are able to deliver messages to the following mobile phone carriers:
Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Note: Carriers are not liable for delayed or undelivered messages.
Message and Data Rates
Message and data rates may apply for any messages sent to you from us and from you to us. Sunny Earth LLC is not liable for these costs. If you have questions about your text or data plan, please contact your wireless provider.
Privacy and Security
You understand that anyone with access to your mobile phone may be able to view the messages you receive when using the SMS Service. Sunny Earth LLC will not be liable to you if this occurs.
By opting in to the SMS Service and providing us with your mobile phone number, you authorize Sunny Earth LLC to contact you by text message using an automatic telephone dialing system or device, or any other computer-assisted technology as applicable.
You are not required to consent to the SMS Service to receive any other services from Sunny Earth LLC. Consent is not a condition of any purchase.
Your mobile phone number and your opt-in to the SMS Service will not be shared with or sold to third parties or affiliates for their own marketing or promotional purposes. If you have any questions regarding privacy, please review our Privacy Policy at https://www.sunnyearth.us/privacy-policy.
8. Acceptable Use
You agree not to: (a) use the Service for any unlawful purpose or in violation of these Terms; (b) use the Service to harass, threaten, or harm any person; (c) access or collect content from the Service using automated tools, scrapers, or bots without our written permission; (d) attempt to bypass any security or access control on the Service; (e) upload viruses or other harmful code; (f) impersonate any person or misrepresent your affiliation with Sunny Earth; (g) frame or mirror any part of the Service without our written consent; or (h) use the Service for a commercial purpose other than your own home solar needs unless we have agreed otherwise in writing.
9. Content You Provide
You may provide us with information, photographs (including photographs of your home and roof), documents such as utility bills, reviews, and other content ("User Content"). You retain ownership of your User Content. You grant Sunny Earth and its affiliates, installers, and service providers a non-exclusive, royalty-free, worldwide license to use, copy, store, and display your User Content as needed to evaluate your home, design and install your system, service your account, and operate the Service, and, if you submit a review or testimonial, to use it in our marketing with attribution to your first name and town unless you tell us otherwise. You represent that you have the right to provide your User Content and that it does not violate the rights of any third party.
Comments, suggestions, and ideas you send us about the Service ("Feedback") are non-confidential, and we may use Feedback for any purpose without obligation to you.
10. Intellectual Property
The Service, including its text, graphics, logos, designs, software, and the Sunny Earth name and logo, is owned by Sunny Earth or its licensors and is protected by copyright, trademark, and other laws. Except as expressly permitted in these Terms, you may not copy, modify, distribute, or create derivative works from any part of the Service. Other product and company names mentioned on the Service belong to their respective owners, and reference to them does not imply endorsement.
11. Third-Party Services and Links
The Service may link to or integrate with third-party websites and services, including installers, lenders and finance companies, utilities, incentive programs, mapping and satellite imagery providers, and social media platforms. We do not control these third parties and are not responsible for their content, practices, or policies. Your dealings with any third party, including any loan you obtain to pay for your system, are solely between you and that third party.
12. Privacy
Our collection and use of personal information through the Service is described in our Privacy Policy, available at https://www.sunnyearth.us/privacy-policy, which is incorporated into these Terms.
13. Changes to and Termination of the Service
We may modify, suspend, or discontinue all or part of the Service at any time without notice. We may also suspend or terminate your access to the Service if you violate these Terms or if we believe doing so is necessary to protect the Service, our customers, or the public. Termination of your access to the Service does not affect the rights and obligations of either party under a Customer Agreement.
14. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Sunny Earth, its affiliates, installers, and service providers, and their respective owners, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your User Content, your violation of these Terms, or your violation of any law or the rights of a third party.
15. Disclaimer of Warranties
THE SERVICE AND ALL CONTENT MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SUNNY EARTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SUNNY EARTH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY ESTIMATE, PROJECTION, PRODUCTION DATA, OR OTHER INFORMATION ON THE SERVICE IS ACCURATE, COMPLETE, OR CURRENT. THIS SECTION DOES NOT LIMIT ANY WARRANTY EXPRESSLY PROVIDED IN A SIGNED CUSTOMER AGREEMENT.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SUNNY EARTH AND ITS AFFILIATES, INSTALLERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF SUNNY EARTH FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS ARE AN ESSENTIAL PART OF THE AGREEMENT BETWEEN YOU AND SUNNY EARTH. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS LIABILITY UNDER A SIGNED CUSTOMER AGREEMENT, WHICH CONTAINS ITS OWN LIMITATION OF LIABILITY.
17. Dispute Resolution and Arbitration
Please read this section carefully. It affects your rights, including your right to bring a lawsuit in court.
These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws principles, and by the Federal Arbitration Act. Disputes arising under a signed Customer Agreement are governed by the dispute-resolution provisions of that Customer Agreement.
YOU AND SUNNY EARTH AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES, BEFORE A SINGLE NEUTRAL ARBITRATOR, RATHER THAN IN COURT BEFORE A JUDGE OR JURY. YOU AND SUNNY EARTH EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.
Before starting an arbitration, the party raising the dispute will send the other a written notice describing the claim, and the parties will try in good faith to resolve it within 60 days. Either party may instead bring an individual claim in small claims court if the claim qualifies. The arbitration will take place in Nassau County, New York, or by video or telephone at your election, and judgment on the award may be entered in any court with jurisdiction. Sunny Earth will pay the AAA filing fee for a consumer claim of $10,000 or less, and each party will otherwise bear its own costs except as the arbitrator awards under applicable law. Either party may seek temporary injunctive relief from a court to protect its rights pending arbitration, and nothing in this section prevents you from bringing a concern to a federal, state, or local agency.
You may opt out of this arbitration agreement by sending a written notice with your name, address, and phone number to Sunny Earth LLC, Attn: Legal Department, 10 Bond Street, Ste 177, Great Neck, NY 11021, within 30 days after you first accept these Terms. Opting out does not affect any arbitration provision in a Customer Agreement. This section survives termination of these Terms.
18. General Terms
Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in effect. Section headings are for convenience only. Provisions that by their nature should survive termination, including Sections 9, 10, and 14 through 18, will survive. These Terms, together with the Privacy Policy and any Policies, are the entire agreement between you and Sunny Earth regarding the Service and supersede any prior understanding regarding the Service. You may not assign these Terms; we may assign them to an affiliate or a successor to our business.
19. Accessibility
Sunny Earth is committed to making the Service accessible to people with disabilities and works toward conformance with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you have difficulty using any part of the Service or have suggestions for improving accessibility, please contact us at (929) 223-6584 or at the address below.
20. Contact Us
Sunny Earth LLC, Attn: Legal Department, 10 Bond Street, Ste 177, Great Neck, NY 11021. Phone: (929) 223-6584. SMS program questions: mary.lacandazo@sunnyearth.us. Privacy questions: mary@sunnyearth.us.