raytopsolar.com is a property of and operated by Astathon Technologies Private Limited, an Indian Company registered under the Companies Act, 2013 having its registered office at New No. 26, Old No. R-3/3, Kaveri Salai, Besant Nagar, Chennai 600 090, Tamil Nadu, India. (Hereinafter for the sake of brevity, raytopsolar.com and Astathon Technologies Private Limited which owns and operates raytopsolar.com will be referred to as “raytopsolar” )

PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY.

Acceptance of Terms

The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy (as defined below) constitute a legally-binding agreement between raytopsolar and you. These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in

(i) the raytopsolar website and mobile application, including the classified advertisements, forums, various email functions and Internet links, and all content and raytopsolar services available through the domain and sub-domains of raytopsolar located at www.raytopsolar.com (collectively referred to herein as the “Website” or “site”), and

(ii) the online interaction between those users of the Website who are offering products or services (each, a “Seller”) and those users of the Website who are obtaining products or services (each, a “Buyer”) through the Website (such products or services, collectively, the “product offers” or “Services”).

The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of video content, information, private and public messages, advertisements, and other materials or Services on the Website.

You acknowledge that the Website serves as a venue for the online distribution and publication of user submitted information between Sellers and Buyers, and, by using, visiting, registering for, and/or otherwise participating in this Website, including the product offers presented, promoted, and displayed on the Website, and by clicking on “I have read and agree to the terms of use,” you hereby certify that: (1) you are either a Seller or a Buyer, (2) you have the authority to enter into these Terms of Use, (3) you authorize the transfer of payment for product offers requested through the use of the Website, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Website. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

YOU SPECIFICALLY AGREE THAT BY USING THE WEBSITE, YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE COMPETENT UNDER LAW TO ENTER INTO A LEGALLY BINDING AND ENFORCEABLE CONTRACT.

All references to “you” or “your,” as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner. If you use the Website or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “you” and “your” herein shall refer to that business.

MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

raytopsolar reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and raytopsolar will post the amended Terms of Use at the domain of www.raytopsolar.com/terms. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Website

PRIVACY POLICY

raytopsolar has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.

The Privacy Policy is located at: Privacy Policy

Membership and Accessibility

LICENSE TO ACCESS

raytopsolar hereby grants you a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Website in any medium without raytopsolar’s prior written consent; (ii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

You need not register with raytopsolar to simply visit and view the Website, but to access and participate in certain features of the Website, you may need to create a an account (“Account”). To create an account, you must submit your name and email address through the sign-up page or fill the contact form on the Website. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to raytopsolar in providing you with a more customized experience when using the Website. You may also register for an password protected Account by submitting your name and email address through the sign-up page or by using your existing Google and other social media accounts and log-in credentials (your “Third-Party Site Password”).

You are solely responsible for safeguarding your raytopsolar password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify raytopsolar immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without raytopsolar’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Website and/or the Services product offered through the Website.

You hereby expressly acknowledge and agree that you yourself and not raytopsolar will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of raytopsolar or others due to such unauthorized use.

An Account holder is sometimes referred to herein as a “Registered User.”

You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):

You will not copy or distribute any part of the Website in any medium without raytopsolar’s prior written authorization.

You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.

You will provide true, accurate, current and complete information when creating your Account and you shall maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete.

You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Website for any purpose without raytopsolar’s prior written approval.

You shall not in any manual or automated manner collect Sellers or Buyers information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a “mirrored”, competitive, or third party site.

You shall not in any way use any form of automation that transmits more request messages to the raytopsolar servers, or any server of a raytopsolar subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. raytopsolar reserves the right to revoke these exceptions either generally or in specific cases.

You shall not recruit, solicit, or contact in any form Sellers or Buyers for employment or contracting for a business not affiliated with raytopsolar without express written permission from raytopsolar.

You shall not take any action that (i) unreasonably encumbers or, in raytopsolar’s sole discretion, may unreasonably encumber the Website’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses raytopsolar’s measures that are used to prevent or restrict access to the Website.

You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.

ADDITIONAL POLICIES

Your access to, use of, and participation in the Website is subject to the Terms of Use and all applicable raytopsolar regulations, guidelines and additional policies that raytopsolar may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that raytopsolar may publish on the Website (the “Additional Policies”). You hereby agree to comply with the Additional Policies (if any) and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, raytopsolar, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary.

Member Conduct

PROHIBITIONS ON SUBMITTED CONTENT

You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile (“Profile”), the posting of your product offer (“product offer”), the posting of your desired product offer(“Want”), or the posting of any opinions or reviews in connection with the Website, the product offer, the Seller, or the Buyer (“Feedback”) (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Posting” or as “Postings”) that:

misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any Sellers; provides or create links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 (“Minor”) in any way; is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;

invades anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;

contains falsehoods or misrepresentations that could damage raytopsolar or any third party;

is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;

is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant raytopsolar all of the license rights granted herein;

contains or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture installed copy-protection devices, pirated content or links to pirated content, or any other item, copy, display, use, performance, or distribution of which infringes on another’s copyright, intellectual property right, or any other proprietary right;

is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;

intends to harm or disrupt another user’s computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming; impersonates, uses the identity of, or attempts to impersonate a raytopsolar employee, agent, manager, host, another user, or any other person though any means;

advertises or solicits a business not related to or appropriate for the Website (as determined by raytopsolar in its sole discretion);

contains or could be considered “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate marketing”, or unsolicited commercial advertisement;

contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;

distributes or contains viruses or any other technologies that may harm raytopsolar, or the interests or property of raytopsolar users;

contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;is non-local or irrelevant content;

contains identical content to other open Postings you have already posted; or uses any form of automated device or computer program that enables the submission of Postings without the express written consent of raytopsolar

PROHIBITIONS ON SENDING MESSAGES

You will not send messages to other users containing:

product offers to make national or international money transfers for amounts exceeding the asking price of an product offer, with intent to request a refund of any portion of the payment; or

unsolicited advertising or marketing of a service not product offered on the Website or an external website.

NO DISCRIMINATION

Discriminatory Postings. Indian laws prohibit any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. raytopsolar will not knowingly accept any Posting which is in violation of the law. raytopsolar has the right, in its sole discretion and without prior notice to you; to immediately remove any posting that discriminates or is any way in violation of any law.

PROHIBITIONS WITH RESPECT TO PRODUCT OFFERS OR SERVICES

While using the Website, you shall not:

post content or items in any inappropriate category or areas on the Website;

violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;

fail to deliver payment for product offer selected or finalized by you, unless the Seller has materially changed the description of the product offer after you negotiate an agreement for such product offer, a clear typographical error is made, or you cannot authenticate the Seller’s identity;

fail to deliver the product offer posted by you and selected by the Buyer, unless the Buyer fails to materially meet the terms of the mutually agreed upon agreement for the product offer, refuses to pay, a clear typographical error is made, or you cannot authenticate the Buyer’s identity;

manipulate the price of any product offer or interfere with other users’ Postings;

circumvent or manipulate our fee structure, the billing process, or fees owed to raytopsolar; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);

take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);

FEEDBACK

As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides an product offer not included in the original Posting or not agreed to as part of the product offer to be provided; (b) leaving Feedback in order to make the Seller or Buyer appear better than he or she actually is or was; and (c) including conditions in an product offer or”Want” that restrict a Seller or a Buyer from leaving Feedback.

Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, raytopsolar, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.

Reporting Inappropriate Use of Feedback. You may contact raytopsolar regarding any inappropriate use of Feedback via-email at contact@raytopsolar.com.

Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, raytopsolar shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, raytopsolar HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFROM.

The foregoing lists of prohibitions provide examples and are not complete or exclusive. raytopsolar reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or make or view product offers) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that raytopsolar determines is inappropriate or disruptive to this Website or to any other user of this Website and/or product offers.

Raytopsolar reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that raytopsolar deems appropriate in raytopsolar’s sole discretion. raytopsolar may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct.

When legally required or at raytopsolar’s discretion, raytopsolar will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. raytopsolar does not and cannot review every Posting posted to the Website. These prohibitions do not require raytopsolar to monitor, police or remove any Postings or other information submitted by you or any other user.

Platform for Transaction and Communication

Users of this website are responsible for all aspects of the transactions in which they choose to participate. raytopsolar does not review or authenticate all product offers. raytopsolar has no control over the quality, safety or legality of the items advertised or the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Buyers to buy items.

The Website is a platform that Users utilize to meet and interact with one another for their transactions. raytopsolar is not and cannot be a party to or control in any manner any transaction between the Website’s Users.

Henceforward:

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. raytopsolar does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. All discounts, offers (including exchange offers) are by the Seller/Brand and not by raytopsolar. Prices mentioned (if any) on this website are subject to change.

Buyers are advised to check with Seller for the final price and additional charges plus taxes applicable, if any. Buyers does hereby agree to absolve raytopsolar from all/any dispute in relation to price of product or price mentioned in product offers.

raytopsolar is not responsible if information made available on this website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. raytopsolar reserves the right to modify the contents of this site at any time, but have no obligation to update any information on the website. You agree that it is your responsibility to monitor changes to the site.

Selection of product offer by a Buyer on the Website may be an offer to buy the product(s) and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s). The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

raytopsolar does not make any representation or Warranty as to specifics (such as quality, value, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. raytopsolar does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. raytopsolar accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

raytopsolar is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. raytopsolar cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. raytopsolar shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

raytopsolar does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.

raytopsolar does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

At no time shall raytopsolar hold any right, title or interest over the products nor shall raytopsolar have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. raytopsolar is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. raytopsolar is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

You shall independently agree upon the manner and terms and conditions of delivery, payment, returns, warranty, insurance etc. with the seller(s) that You transact with.

Pricing on any product(s) as is reflected on the Website may change due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such order(s).

Rules for Sellers

PROFILES AND PRODUCT OFFERS MUST NOT BE FRAUDULENT

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Sellers shall not: (a) list product offers in a category that is inappropriate to their product offer; (b) misrepresent their business location; (c) include brand names or other inappropriate keywords in their Profile, product offer, Want, Feedback, or any other title or description relating to a product offer; (d) use misleading titles that do not accurately describe the product offer; or (e) include any information in their Profile that is fraudulent.

PROFILES AND PRODUCT OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT RAYTOPSOLAR FEES

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Sellers shall not: (a) product offer a catalog or a link to a third-party website from which Buyers or any Registered User or user of the Website may obtain the product offer directly; (b) exceed multiple Posting limits; (c) post a single product offer but product offer additional identical product offers in the product offer description; (d) use their Profile page or user name to promote services not product offered on or through the Website and/or prohibited services.

In case we realize that any seller is involved in any of the above activities, raytopsolar holds the sole discretion to blacklist the seller and withhold any outstanding credits or payments to the seller.

PROFILES AND PRODUCT OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Sellers shall not: (a) solicit Buyers to mail cash or use other payment methods not specifically permitted by raytopsolar as approved payment methods; (b) include links that do not conform to raytopsolar’s policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your product offer page, or your quotes page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party service professional for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party’s name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party’s website with any information in addition to the product offer provided via raytopsolar; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not product offer a product offer.

CONSENT FOR REACHING OUT VIA PHONE CALL, SMS, EMAIL OR ANY OTHER FORMS OF ELECTRONIC COMMUNICATION

It is further clarified that your registration on the Website shall be deemed to be your consent to be contacted for the purposes mentioned above, (i) on the mobile number shared by you even if you are registered with the National Customer Preference Register (NCPR) and have opted out of receiving promotional calls and messages and (ii) by way of SMS or email notifications or messages in any other electronic form

SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SELLERS

If a Seller violates any of the above-referenced rules in connection with his or her Posting, raytopsolar, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Seller’s Account privileges; (c) suspend the Seller’s Account; (d) cause the Seller to forfeit their credits; and/or (e) decrease the Seller’s status earned via the Feedback page.

Rules for Buyers

BUYERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:

(a) commit to purchasing a product without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a product offer with no intention of following through; (c) agree to select a product offer when you do not meet the Seller’s terms as outlined in the Posting, or agree to select a product offer with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by raytopsolar in connection with the use or purchase of any Service.

SANCTIONS FOR VIOLATING ANY OF THE RULES FOR BUYERS

If a Buyer violates any of the above-referenced rules in connection with his or her Posting, raytopsolar, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Buyer’s Account privileges; (c) suspend the Buyer’s Account; and/or (d) decrease the Buyer’s status earned via the Feedback page.

Use of Submitted Content

NO CONFIDENTIALITY

The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your product offer, your quotes, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, raytopsolar does not guarantee any confidentiality with respect to any Submitted Content.

You agree that any Submitted Content provided by you for which you authorize to be searchable by Registered Users or visitors who have access to the Website is provided on a non-proprietary and non confidential basis. You agree that raytopsolar shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the product offers and other services in the future.

raytopsolar may also disclose user information including personal information if raytopsolar reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate raytopsolar’s liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by users), or (v) as may be required or necessary to deter illegal behavior (including, but not limited to, fraud).

YOUR REPRESENTATIONS AND WARRANTIES

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that:

• you own or have the necessary licenses, rights, consents, and permissions to use and authorize raytopsolarto use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use; and
• you have the written consent, release, and/or permission of each and every identifiable individual person in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Website and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Website.

YOUR OWNERSHIP RIGHTS AND LICENSE TO RAYTOPSOLAR

You retain all of your ownership rights of your Submitted Content. However, by submitting the Submitted Content to raytopsolar for posting on the Website, you hereby grant, and you represent and warrant that you have the right to grant, to raytopsolar a perpetual, worldwide, non-exclusive, royalty-free, sub-license able and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the submitted Content in connection with the Website and raytopsolar’s (and its successor’s) business operations, including without limitation, for the promotion and redistribution of any part or all of the Website, and any derivative works thereof, in any media formats and through any media channels.

You also hereby grant each user of the Website a non-exclusive license to access your Submitted Content through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete the Submitted Content from the Website.

You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.

RAYTOPSOLAR’S DISCLAIMERS AND RIGHT TO REMOVE

raytopsolar does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and raytopsolar expressly disclaims any and all liability in connection with all Submitted Content. raytopsolar does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and raytopsolar will remove any Data (as defined below) or submitted Content if properly notified, pursuant to the “take down” notification procedure described in Section H below, that such Posting or Submitted Content infringes on another’s intellectual property rights.

Raytopsolar reserves the right to remove any Data or Submitted Content without prior notice. raytopsolar will also terminate a user’s access to the Website, if he or she is determined to be a repeat infringer. A repeat infringer is a Website user who has been notified of infringing activity more than twice and/ or has had Submitted Content removed from the Website more than twice.

Raytopsolar also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. raytopsolar may remove such Submitted Content and/or terminate a user’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.

You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that raytopsolar is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content.

You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against raytopsolar with respect thereto, and agree to indemnify and hold raytopsolar, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that raytopsolar may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.

SUGGESTIONS.

If you send or transmit any communications, comments, questions, suggestions, or related materials to raytopsolar, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Website, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary.

You hereby assign all right, title, and interest in, and raytopsolar is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that raytopsolar is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

Copyright Infringement Take Down Procedure

raytopsolar has high regard for intellectual property and expects the same level of standard to be employed by its users. raytopsolar may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Website of users who infringe upon the intellectual property rights of others.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at contact@raytopsolar.com

(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;

(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit raytopsolar to locate the material.;

(iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law;

(iv) information reasonably sufficient to permit raytopsolar to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and

(vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”

Only the intellectual property rights owner is permitted to report potentially infringing items through raytopsolar’s reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

Modifications to or Termination of Website

MODIFICATION OR CESSATION OF WEBSITE

raytopsolar reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that raytopsolar shall not be liable to you or to any third party for any modification, suspension or discontinuance of raytopsolar services.

TERMINATION BY raytopsolar

You hereby acknowledge and agree that raytopsolar, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Website or otherwise terminate your access to or participation in the use of the Website (or any part thereof), or remove and discard any Submitted Content on the Website (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if raytopsolar believes or has reason to believe that you have violated any provision of the Terms of Use.

TERMINATION BY YOU

You may cancel your use of the Website and/or terminate the Terms of Use with or without cause at any time by sending an email to contact@raytopsolar.com

EFFECT OF TERMINATION

Upon termination of your Account, your right to participate in the Website, including, but not limited to, your right to post product offers or select product offers and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special product offer rewards if any, shall automatically terminate.

You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Website, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Website. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the raytopsolar system.

You further acknowledge and agree that raytopsolar shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, raytopsolar retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted raytopsolar hereunder shall remain in effect for the foregoing purpose. In no event is raytopsolar obligated to return any Submitted Content to you.

You agree to indemnify and hold raytopsolar, its parent company, its sister companies, its officers, managers, members, affiliates, successor, assigns, directors, agents, Sellers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content” or “Data”), is a third party user generated content and raytopsolar has no control over such third party user generated content as raytopsolar is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without raytopsolar’s express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content.

We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.

You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Payment Services

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

• Lack of authorization for any transaction/s, or
• Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Returns, Cancellation and Warranties

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and returns and cancellation policy and after sales services related to products and services. raytopsolar does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

Raytopsolar Fees

FEES INCURRED BY SELLERS

Joining raytopsolar, opening an Account, bidding, posting limited products and viewing quote requests are free. raytopsolar reserves the right at its sole discretion to charge fees to Sellers for other services that raytopsolar may provide in the future.

raytopsolar may also in certain categories require Sellers to make payments for additional privileges like priority listing, additional product postings, for customized listing services etc irrespective of whether the enquiry from buyer eventually result in a transaction or exchange of consideration for the product or service requested.

In order to be eligible to make such payment, Sellers shall be required to make advance payments (“Credits”) from which the fee may be deducted as and when necessary. Whenever the Credits fall below the prescribed threshold, the Seller shall be prompted to refill the Credits in order to continue enjoying the additional privileges mentioned above.

FEES INCURRED BY BUYERS

Joining raytopsolar, opening an Account, viewing posted offers, and selecting a product offer is free. raytopsolar currently does not charge Buyers for transactions completed on the Website between Buyers and Sellers. However, raytopsolar reserves the right to charge a fee to Buyers in the future on a per-transaction basis or in any other manner, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after raytopsolar has provided you with thirty (30) days’ notice by posting the changes on the Website.

If applicable, you agree to pay all fees or charges to your Account based on raytopsolar’s fees, charges, and billing terms then in effect. If you do not pay on time or if raytopsolar cannot charge your credit card, any payment gateway or other payment method for any reason, raytopsolar reserves the right to either suspend or terminate your access to the Website and Account and terminate these Terms of Use.

You are expressly agreeing that raytopsolar is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Website and the fees will be billed to your credit card, a payment gateway or other payment method designated at the time you make a purchase or register for a fee-based service.

If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that raytopsolar may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees. raytopsolar reserves its right to initiate appropriate legal proceedings, if necessary, in its sole discretion, to recover such outstanding amounts.

REFUND POLICY

All fees payable to raytopsolar by Sellers on consummated transactions, i.e. are final and non-refundable.

All monies paid by Sellers in form of “Credits” are non-interest bearing and shall be refunded to the Sellers if they remain unutilized for a period greater than 364 days only. Such amounts shall not be refunded prior to that.

Negotiation of Terms of Offer; Disputes Between Registered Users

RAYTOPSOLAR IS NOT A PARTY TO ANY SERVICE CONTRACT

Each Registered User hereby acknowledges and agrees that raytopsolar is NOT a party to any oral or written Agreement or any contract entered into between Registered Users in connection with any product offers, directly or indirectly, through the Website. Each Registered User acknowledges, agrees and understands that raytopsolar only seeks to provide a platform wherein the Buyer and Seller can be brought together and raytopsolar itself has no role in the execution or provision of products or product offers.

 NO AGENCY OR PARTNERSHIP

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Website, including without limitation, the  Agreement or contract for a product or product offer. You do not have any authority whatsoever to bind raytopsolar in any respect. All Sellers are independent contractors. Neither raytopsolar nor any users of the Website may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

DISPUTES BETWEEN REGISTERED USERS

Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any product, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization.

You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Sellers and Buyers.

You understand that deciding whether to buy the product from a sellers or sell the product to a buyer or use information contained in any Submitted Content, including, without limitation, Postings, product offers, quotes and/or Feedback, is your personal decision for which alone are responsible. You understand that raytopsolar does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.

While raytopsolar may attempt to seek information about the background of a Seller, either via a telephonic or in-person interview, review of past work/buyer feedback and/or check presence online (if available) on Facebook, personalised website, LinkedIn, Twitter etc., you understand that Sellers may register themselves suo moto.

You also understand that any so called background check undertaken by raytopsolar is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the buyer should take an informed decision on his/her own accord and keep in mind the fact that raytopsolar only seeks to provide a platform wherein Buyers and Sellers have an opportunity to interact with each other.

NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SINCE raytopsolar only seeks to provide a platform wherein the Buyer and Seller can be brought together and raytopsolar itself has no role in the execution or provision of Services or product offer itself, raytopsolar shall not be responsible or liable for any loss or damage of any sort whatsoever incurred as the result of any such transaction or dealings. If there is a dispute between participants on the website, or between registered users or any website user and any third party, you acknowledge and agree that raytopsolar is under no obligation to become involved.

In the event that a dispute arises between you and one or more website users, registered users or any third party, you hereby release raytopsolar, its parent company, its officers, managers, members, directors, employees, attorneys, agents, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the website or any service provided thereunder.

Dispute Resolution

If a dispute arises between you and raytopsolar, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and raytopsolar hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website in accordance with this Section or as we otherwise may agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at contact@raytopsolar.com. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

GOVERNING LAW

The Terms of Use shall be governed in all respects by the laws of India and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in Chennai, India.

Advertisements

Aspects of the Website and other raytopsolar services may be supported by advertising revenue. As such, raytopsolar may display advertisements and promotions. The manner, mode and extent of advertising by raytopsolar on the Website are subject to change and the appearance of advertisements on the Website does not necessarily imply endorsement by raytopsolar of any advertised products or services. You agree that raytopsolar shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website.

Third-party Links, Contact Forms and Phone Numbers

The Website may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Website using your existing account and log-in credentials for such third-party websites.

Certain areas of the Website may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Website to be shared with your contacts in your third-party site account. Because raytopsolar has no control over such sites and resources, you acknowledge and agree that raytopsolar is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources.

Unless expressly stated on the Website, links to third-party sites should in no way be considered as or interpreted to be raytopsolar’s endorsement of such third-party sites or any product or service product offered through them. You further acknowledge and agree that raytopsolar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, product, goods or services available on or through any such website or resource.

The Third-party website may have different privacy policies and terms and conditions and business practices than raytopsolar. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Website or transacting with raytopsolar. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Website with any party other than raytopsolar are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

Disclaimer of Warranties

You agree that your use of the website shall be at your own risk. To the fullest extent permitted by law, raytopsolar, its parent company, its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, sellers, suppliers, and agents disclaim all warranties, express, implied, statutory or otherwise, and make no warranties, representations, or guarantees in connection with this website, the services, products offered on or through this website, any data, materials, submitted content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this website, including without limitation the materials, data and submitted content of other users of this site or other third parties.

Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, this website, the services, products offered on or through this website, data, materials, submitted content, and any information or material contained or presented on this website is provided to you on an “As is,” “As available” And “Whereis” Basis with no warranty of implied warranty of merchant-ability, fitness for a particular purpose, or non-infringement of third-party rights.

Raytopsolar does not provide any warranties against errors, mistakes, or inaccuracies of data, content, information, materials, substance of the website or submitted content, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the website by any third party, any interruption or cessation of transmission to or from the website, any defamatory, offensive, or illegal conduct of any third party or service user or service provider, or any loss or damage of any kind incurred as a result of the use of any data, content, information, materials, substance of the website or submitted content posted, emailed, transmitted, or otherwise made available via the website.

Raytopsolar does not endorse, warrant, guarantee, or assume responsibility for any product or service advertised or product offered by a third party through the website or any hyper-linked site or featured in any banner or other advertisement. Raytopsolar will not be a party to or in any way be responsible for monitoring any transaction between you and any party, including third party sellers of products or services. As with the use of any product or service, and the publishing or posting of any material through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitations of Liability

In no event shall raytopsolar, or its parent company, respective officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, sellers, suppliers, attorneys or agents, be liable to you for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from any

• access to or use of the website or any services or products offeredby any sellers via the website, including services provided or products offered pursuant to an agreement formed independently of the website, whether or not an agreement for service formed or product offered via the website is in effect;
• errors, mistakes, or inaccuracies of data, content, information, materials or substance of the website or submitted content;
• any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
• any bugs, viruses, Trojanhorses, or the like which may be transmitted to or through the website by any third party;
• any interruption or cessation of transmission to or from the website;
• any errors or omissions in any data, content, information, materials or substance of the website or submitted content;
• any failed negotiations for a serviceor a product, any disputes that arise during or after the negotiation of a service or a product or the formation of a contract for a service or a product, or any other dispute that arises between users of the website;
• any defamatory, offensive, or illegal conduct of any third party or buyer or seller; or
• any use of any data, content, information, materials or substance of the website or submitted content posted, emailed, transmitted, or otherwise made available on or through the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not raytopsolaris advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

In no event shall the total, aggregate liability of raytopsolar, or any of the above-referenced respective parties, arising from or relating to the website, and/or submitted content exceed the total amount of fees actually paid to raytopsolar by you hereunder.

You hereby acknowledge and agree that raytopsolar shall not be liable for submitted content or the defamatory, offensive, or illegal conduct of any third party or service user or service provider and that the risk of harm or damage from the foregoing rests entirely with you. You further acknowledge and agree that raytopsolar shall not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages (including but not limited to loss of business, revenue, profits, use, data or other economic advantage) whatsoever resulting from or relating to any contract between website users entered into independently of the website.

The website may contain links to third-party websites that are not owned or controlled by raytopsolar. Raytopsolar does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, raytopsolar will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve raytopsolar from any and all liability arising from your use of any third party website. Accordingly, please be advised to read the terms and conditions and privacy policy of each third-party website that you visit, including those directed by the links contained on the website.

FORCE MAJEURE

Neither raytopsolar nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

Indemnification and Release

You agree to defend, indemnify and hold harmless raytopsolar, its parent company and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, sellers, suppliers, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from your use of, access to, and participation in the website; your violation of any provision of the terms of use, including the privacy policy; your violation of any third-party right, including without limitation any copyright, property, proprietary, intellectual property, or privacy right; or any claim that your submitted content caused damage to a third party. This defense and indemnification obligation will survive these terms of service and your use of the website.

If you have a dispute with one or more website users, you forever release raytopsolar and its parent company (and its officers, managers, members, directors, employees, successors, assigns, subsidiaries, affiliates, sellers, suppliers, agents, subsidiaries, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the website and/or any submitted content.

Notice

You agree that raytopsolar may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Website.

General Information

ENTIRE TERMS OF USE

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies if any published by raytopsolar on the Website, shall constitute the entire agreement between you and raytopsolar concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and raytopsolar’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

SECTION HEADINGS

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.