Terms of Use

Last updated: July 22, 2021

Sunstone Credit, Inc. (“Sunstone”, “we” or “us”) provides these Terms of Use (“Terms”), which govern your use of our website, https://www.sunstonecredit.com, ACH and debit card payment services offered by Sunstone through our technology portal (“Portal”), any websites or mobile applications associated with Sunstone (collectively with the Portal, our “Sites”), and any products or services offered through the Sites (collectively with our Sites, our “Services”). These Terms are entered into between you and Sunstone and its affiliated solar installation companies or contractors (each, a “Contractor”). The terms “User”, “you” or “your” refer to you as well as your business. Please read these Terms carefully before using our Services. By using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please immediately discontinue using our Services. By accepting these Terms, you also agree to our Privacy Policy, which also governs your use of our Services and is incorporated by reference into these Terms.

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Content

Your business’ eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. Some of our products and services, such as financing, may only be available to your business when you work through one of our approved Contractors. We may discontinue or make changes to the information, products, licenses, or services described on our Sites at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. Although we try to provide current information about our Services, there may be inadvertent, technical, or factual inaccuracies and typographical errors. For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on our Services.

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Description of ACH and Debit Card Payment Services

Sunstone allows your Contractor to use most computers, tablets, or mobile devices to offer and conduct mobile payment transactions with their customers through our Portal.

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Eligibility

By entering into these Terms, you represent that:

• You are at least 18 years of age and have the right, power, and authority to enter into these Terms.
• You have the right, power, and authority to act on behalf of your business.
• All information provided by you to Sunstone is correct and current.
• You and the transactions you enter into using the Services comply, and will continue to comply, with all applicable laws and regulations.
• You will not use the Services in connection with any fraudulent or illegal activity or in any manner which interferes with the operation or any other party’s use of the Services.
• You will use the Services only in compliance with these Terms.
• You will promptly notify us if you discover or otherwise suspect any security breach or security compromise relating to your use of the Services.
• You will take responsibility for all activities that occur during or in connection with your use of the Services, and you accept all risk of unauthorized access or use thereof.

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Accessing Our Services

Our Services are not intended to be accessed by persons under the age of 18 years. Our Services are not intended for access by persons in any jurisdiction or country where such access would be contrary to applicable laws or regulations. You are responsible for compliance with all local laws. By offering information, products, or services via our Services, no solicitation is made by us to any persons or businesses in jurisdictions where the provision of our Services is prohibited by law. We may restrict your access to our Services based on your geographic location.

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To access our Services, you will need a working connection to the Internet via a web browser on your computing device for which you are responsible for all costs, expenses, and fees. From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, our Services may not be accessible to you.

Your access to our Services is limited to the intended functions of our Services. Unauthorized use of our Services and/or our systems, including but not limited to misuse of any information posted on our Services or unauthorized entry into any of our systems is strictly prohibited.

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If you violate any provision of these Terms, we reserve the right to terminate your access to our Services. Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice. We may at any time, with or without cause, and without prior notice to you deny you access to our Services. We may terminate these Terms or our Services, in whole or in part, at any time without prior notice to you. In the event we terminate these Terms, any existing transactions you have entered into with us shall remain in effect.

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Payment Method Information / Accuracy of Information / Responsibility for Payment Methods

You understand that to complete a payment transaction on the Portal, you will be asked to provide your business name and certain other information, which may include, but may not be limited to, first and last name, billing address, CVV number, ZIP code, valid email address, and telephone number.

You will have the capability to use only one Payment Method (as defined below) for each transaction on the Portal, but you may store information for multiple Payment Methods. You certify that all information you provide, including Payment Method account information, is accurate and complete. If you need to make any changes to your payment information, you must contact your Contractor or Sunstone by email at info@sunstonecredit.com.

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Accepted Payment Methods

For payment transactions on the Portal, you may use any valid debit card accepted by Sunstone or you may authorize an electronic funds transfer from your bank account (each, a “Payment Method”). Sunstone may, at any time, change or update the list of acceptable Payment Methods. Sunstone is not a bank and does not offer banking services, nor does Sunstone offer money service business services or money transmission services, as each of the foregoing services are defined by the United States Department of Treasury and under applicable law. Sunstone will comply with all applicable law with regard to its Services. Sunstone is not responsible for the processing of any payment you initiate with your Contractor through the Portal.

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Authorization to Charge Payment Amount

By inputting your Payment Method into the Portal, you authorize Sunstone to charge your Payment Method for your transaction. In accordance with your cardholder or other agreement governing your Payment Method and the terms of service you have entered into with your financial institution or other third-party payment provider (including, but not limited to, your debit card, bank account, or other Payment Method account), you agree that you are responsible for any payment transactions on the Portal. If you make claims to us of unauthorized, unrecognized, or otherwise alleged fraudulent Payment Method account or transactions, your claim is equivalent to reporting a financial crime to law enforcement. Individuals found to be associated with a fraudulent Payment Method account or Services transactions can be prosecuted to the fullest extent of the law.

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Illegal or Unauthorized Use of Your Payment Method

Sunstone reserves the right, without liability, to prevent you from using the Services in the event Sunstone believes a transaction is unauthorized or has been made in violation of these Terms or applicable laws or regulations. If Sunstone believes, in its sole discretion, that a transaction linked to your account is unauthorized or illegal, you give Sunstone express authorization to: (a) share relevant information related to the use of the Services, including transaction information and your business’ information; (b) take necessary steps to detect or respond to instances of potential or actual fraud or other illegal activities; (c) respond to any law enforcement agency’s request for information or cooperation in an investigation; and/or (d) respond to judicial process or other valid government investigation process.

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Security

We are committed to stopping fraud, and we reserve the right to take all reasonable measures to detect and prevent it. For security purposes, we may view, monitor, and record activity on our Sites without notice to or permission from you. Any information obtained by monitoring, viewing, or recording may be subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on our Sites. We will also comply with all court orders involving requests for such information. Actual or attempted fraud or other unauthorized use of our Services may result in criminal and/or civil prosecution and immediate termination of your right to access our Services. Sunstone reserves the right, in its sole and absolute discretion, to require proof of identity (in a form acceptable to Sunstone): (a) for the purposes of verifying the legitimacy of any transaction and/or other information; and/or (b) for any other reason we deem necessary, in our sole and absolute discretion, for purposes of fulfilling an order in accordance with our interpretation of these Terms. Use of unique login information may be required to access certain portions of our Sites. You acknowledge that your login information is unique and must be kept private and confidential to protect the security of your account. You agree not to give or make available your login information to any unauthorized individual. If you believe your login information has been compromised, lost or stolen, someone without authorization has attempted to use your account, or your account has been accessed by someone without authorization, you must notify us immediately (using the contact information below). If you lose or forget your login information, contact us immediately. If you fail to notify us, you may be liable for all unauthorized activity on your account.

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User Permission for Autodialed Calls, Prerecorded Calls, Text Messages, and E-Mail

You grant Sunstone express consent to send you autodialed and/or prerecorded message calls and text messages from Sunstone, and third-party providers acting on Sunstone’s behalf, to any mobile telephone number you provide to Sunstone, regardless of your registration of your mobile device number on any state or federal “do not call” registry. Your express permission applies to calls and messages made for account management purposes regarding payment transactions via the Services. For example, we may call or send you a message if your Payment Method has been declined or to remind you that a payment is due. By providing your email address to Sunstone, you agree that Sunstone, your Contractor and those third-party providers acting on Sunstone’s behalf may email you information related to the Services. E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including: the possibility of unauthorized access; failure to receive e-mails because they have been misdirected or sent to a spam folder; your inability to access e-mail due to power outages, hardware or software malfunctions, or failures of your computing device; or matters affecting the Internet or your access to the Internet. With regard to any text messages or emails relating to the Services, Sunstone will not include any full Payment Method account numbers, access codes, or similar non-public information about you or your business. For security reasons, we may not be able to respond to certain e-mail requests.

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Links to Other Websites

Our Sites may contain links to third-party websites, such as social media websites, which we do not own or control, but which are being provided for your convenience. If you visit another website linked from one of our Sites, you do so at your own risk subject to the terms and conditions established by the operator of that website. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors. We reserve the right to terminate a link to a third-party website at any time.

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Modification

Sunstone may, in its sole discretion, change, modify or amend these Terms at any time. If required by law, we will notify you electronically of any change to these Terms. Such changes will become effective after being posted. However, Sunstone reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Services without prior notice (e.g. to prevent fraud, to comply with applicable law, etc.). Your continued use of the Services after the effective date of any such changes made by Sunstone, with or without prior notice, will constitute your acceptance of the relevant changes. In the event you do not agree with any such changes, your sole and exclusive remedy is to terminate your use of the Services.

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Termination

You may terminate these Terms and your use of the Services at any time by terminating your current transaction or any future transactions. Sunstone may terminate these Terms by terminating your access to the Services at any time and for any reason, in its sole and absolute discretion without liability. Upon termination of these Terms and your use of the Services, the rights granted to you under these Terms will immediately end, and you must immediately stop using the Services. Upon termination, you will remain liable for all payment transactions initiated prior to the time of termination. Sunstone will not be liable to you or any third party for compensation, reimbursement, or damages arising in connection with your use of the Services or in connection with the termination or suspension of your use of the Services.

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Force Majeure

Sunstone shall have no liability for any failure or delay resulting from conditions beyond the reasonable control of Sunstone, including but not limited to any industrial dispute, acts of war, governmental action, acts of terrorism, acts of God, pandemic, epidemic, labor conditions, power failures, and Internet or mobile network disturbances.

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Disclaimer of Warranties

THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICES, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNSTONE MAKES NO REPRESENTATIONS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. SUNSTONE DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICES.

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Limitation of Liability

UNLESS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL SUNSTONE OR ANY OF ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES OR AGENTS (THE “SUNSTONE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH THE USE, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED DAMAGES ARE BASED ON A CLAIM OR ACTION IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF DUTY, INDEMNITY, CONTRIBUTION OR OTHERWISE, EVEN IF THE SUNSTONE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. UNLESS OTHERWISE PROVIDED FOR IN THESE TERMS, IN NO EVENT SHALL THE SUNSTONE PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS AND THE USE OF THE SERVICES OR PORTAL EXCEED THE TOTAL DOLLAR VALUE OF THE INDIVIDUAL PAYMENT TRANSACTION GIVING RISE TO SUCH LIABILITY. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF OUR SERVICES, THE INTERNET, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SERVICES OR THE INTERNET.

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Indemnification

You will indemnify, defend and hold harmless the Sunstone Parties from and against any and all actual or alleged claims, demands, causes of action, debts, losses, liabilities, damages, judgments, settlements, tax assessments, penalties, interest, and expenses, including reasonable attorneys’ fees and court costs, arising out of, related to, or which may arise from, directly or indirectly: (a) your use of the Services; (b) your actual or alleged breach of or non-compliance with any of these Terms; or (c) your negligence or violation or alleged violation of any federal or state law, rule or regulation. Sunstone reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

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Governing Law; Dispute Resolution; Jurisdiction; Venue; Jury Waiver

These Terms and any claim, action or dispute arising hereunder will be governed by the laws of the State of Maryland, without regard to its conflicts of law principles. In addition, we are subject to certain federal and state regulations and we must comply with these laws, regulations and rules. You agree that if there is any inconsistency between these Terms and any applicable law, regulation or rule, these Terms will prevail to the extent any such law, regulation or rule may be modified by agreement. YOU, YOUR BUSINESS, AND SUNSTONE (A) IRREVOCABLY SUBMIT TO THE JURISDICTION OF ANY MARYLAND OR FEDERAL COURT SITTING IN BALTIMORE COUNTY, MARYLAND, IN ANY ACTION ARISING OUT OF THESE TERMS OR USE OF THE SERVICES, (B) AGREE THAT ALL CLAIMS IN ANY ACTION MAY BE DECIDED IN EITHER COURT, AND (C) WAIVE, TO THE FULLEST EXTENT THAT MAY BE EFFECTIVELY DONE, THE DEFENSE OF AN INCONVENIENT FORUM. YOU AND SUNSTONE, AFTER CONSULTING OR HAVING HAD THE OPPORTUNITY TO CONSULT WITH COUNSEL, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU OR YOUR BUSINESS MAY HAVE TO A TRIAL BY JURY IN ANY LITIGATION BASED UPON OR ARISING OUT OF THESE TERMS OF USE OF THE SERVICES TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. NEITHER YOU NOR SUNSTONE WILL SEEK TO CONSOLIDATE, BY COUNTERCLAIM OR OTHERWISE, ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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Assignment

We may assign our rights and duties under these Terms to any party at any time without notice to you.

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Entire Agreement

These Terms represent the parties’ entire understanding with respect to the subject matter contained herein and supersedes and cancels all prior written or oral contracts, agreements, and understandings of the parties with respect to the subject matter of these Terms.

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Survival

The provisions of these Terms which are expressly, or by implication, intended to continue in force notwithstanding the termination of these Terms or your termination of use of the Services for any reason, will survive termination or expiration of these Terms.

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No Waiver; Severability

The failure of Sunstone to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be adjudged by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be removed to the minimum extent necessary and the remainder of these Terms shall remain in full force and effect. Except as expressly set forth herein, in the event of a conflict between these Terms and any applicable terms to specific products or services that you receive from us, the terms of the specific product or service shall govern. The headings in these Terms are intended only to help organize these Terms.

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Contact Us

If you have any questions or concerns regarding these Terms or Services, please contact us at info@sunstonecredit.com. For your protection, do not include your Payment Method account information (such as debit card or bank account information) when emailing Sunstone.