Privacy Policy Updated May 1, 2019. Privacy Policy terms and conditions are subject to update without notice.

We recognize that your privacy is important. This Privacy Policy provides the privacy practices for Blue Pacific Solar Corp.® (referred to as "Blue Pacific Solar®," "us" or "we"), and BluePacificSolar.com (referred to as the "Site"). This Privacy Policy covers how information that we receive is treated.

By accessing, visiting, or using the Site, you agree to be bound by this Privacy Policy. We reserve the right to change this Privacy Policy from time to time. Your continued use or access of the Site and/or Products or Services after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) your agreement to abide and be bound by the modified Privacy Policy. Please periodically review this page for the latest version of the Privacy Policy. Unless otherwise defined in this Privacy Policy or unless context requires otherwise, capitalized terms used in this Privacy Policy have the same definition given to them in the Terms and Conditions of Use and Terms and Conditions of Sale provided on the Site. You can access these terms by clicking on the link located on the Site.

If you have any questions about this Policy, please contact us by e-mail at Customersvs@bluepacificsolar.com.

IMPORTANT: BY USING THE SITE AND/OR PROVIDING PERSONAL INFORMATION, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT USE THE SITE.

We may collect two types of information about our users: (1) Personally Identifiable Information and (2) Aggregate Information.

(1) Personally Identifiable Information (“Personal Information”). Personal information refers to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Examples of personal information may include your first and last name, mailing address, email address and telephone number. You may also voluntarily provide other personal information, whether or not specifically requested by us, by either voluntarily supplying your own details to us via e-mail or phone, or by posting publically viewable comments on the Site. You agree that we may collect any personal information voluntarily supplied by you, whether or not we have requested it. You must not submit any personal information relating to a third party which you do have permission from such third party to provide it to us. We do not knowingly collect any information relating to third parties which you do not have permission to provide. When you engage in certain activities on our Site, such as purchasing Products or Services or contacting us via e-mail or phone, we may ask you to provide certain personal information.

(2) Aggregate Information: “Aggregate information” means information that relates to a group or category of consumers, from which individual consumer identities have been removed, that is not linked or reasonably linkable to any consumer or household, including via a device. This refers to information that does not by itself identify a specific individual. This information may include the Website's Uniform Resource Locator ("URL") that points to the site you just came from, which URL you go to after visiting our Site, or what browser you are using.

How We Collect and Use Information

We do not collect any personal information about you unless you voluntarily provide it to us. You may be required to provide certain personal information to us when you elect to purchase products or services from us or use certain services available on the Site.

We primarily use personal information to provide information, Products or Services to you. We may also use certain forms of personal information to enhance the operation of our Site, improve our internal marketing and promotional efforts, statistically analyze Site use, improve our information, our Products or Services and customize the Site's content, layout and services. We may use personal information to contact you if you request that we do so. Finally, we may use your personal information to enforce our agreements with you.

We may also collect certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, software, to administer our Site and to gather demographic information. We gather certain information based upon where our Site is visited and what other Sites may have directed you to us. This information may be compiled and analyzed on both a personal and an aggregated basis.

Cookies

Depending on how you use our Site, cookies may be stored on your computer in order to collect certain aggregate data about Site users and to customize certain aspects of your specific user experience. A cookie is a small data text file which is stored on a computer that uniquely identifies the browser. The data collected may also include more personalized information categorized as internet or other electronic network activity information, such as your IP address, browser type, the server the computer is logged onto, the area code and zip code associated with the server, information regarding interaction with the Site or advertisement and your first name to welcome you back to our Site. We may use cookies to perform tasks such as monitoring aggregate Site usage metrics, storing and remembering your passwords (if you allow us to do so), storing account preferences that you have set, and personalizing the Products or Services we make available to you. We do not use cookies to track your browsing behaviors.

Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some aspects of the Site may not function properly if you elect to disable cookies.

Release of Information

We do not sell, trade or rent your personal information to others and we have not sold any consumers’ personal information in the preceding 12 months. We do provide some of our Products or Services through contractual arrangements made with affiliates, service providers, partners and other third parties ("Service Partners"). The personal information collected, in the categories described above, may be disclosed to our Service Partners for business purposes so that we and our Service Partners can achieve the operational purpose for which the personal information was collected or processed or for other operational purposes compatible with the context in which the personal information was collected, to deliver Products or Services to you, perform services on behalf of us, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, delivering electronic newsletters and communications to you, verifying customer information, collecting personal information voluntarily submitted by you when leaving comments on the Site, processing payments, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of us, detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity, auditing related to a current interaction with you and concurrent transactions, debugging to identify and repair errors that impair existing intended functionality, undertaking activities to verify or maintain the quality or safety of a Product or Service that is owned or manufactured by a Service Partner, and to improve, upgrade, or enhance our Products and Services.

We will choose Service Partners who adopt and promote strong privacy policies. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Any other sites accessible through our Site, including those of our Service Partners, have their own privacy policies and data collection, use and disclosure practices. Please consult each site's privacy policy. We are not responsible for the policies or practices of third parties. Other than our Service Partners, we do not allow third parties to collect personal information about you or your online activities when you use our Site.

If we are required by law enforcement or judicial authorities to provide personal information to the appropriate governmental authorities, we will disclose personal information upon receipt of a court order, subpoena or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

Updating and Correcting Information

You have the ability to access and edit the personal information that you have provided to us by e-mailing us at Customersvs@bluepacificsolar.com. Please include your name and email address when you contact us.

We encourage you to promptly update your personal information if it changes. You may ask to have the information on your account deleted or removed upon receipt of a verified request; however, some information, such as past transactions, logs of technical support calls, or other information may not be deleted if it is necessary in order to complete the transaction for which the personal information was collected, provide Products or Services requested by you, or reasonably anticipated within the context of an ongoing business relationship with you, or otherwise perform a contract between you and us, to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible for that activity, or otherwise use the information, internally, in a lawful manner that is compatible with the context in which the information was provided.

Choices on Collection and Use of Information

We may, from time to time, send you e-mails and/or newsletters regarding information, products or services that we feel may interest you. Only Blue Pacific Solar® (or agents working on behalf of Blue Pacific Solar® and under confidentiality agreements) will send you these notifications. If you do not want to receive correspondence from us, you can "opt-out" by clicking on the "Unsubscribe" link at the bottom of each correspondence.

You also have choices with respect to cookies, as described above. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies, some parts of our Site may not work properly in your case.

Security of Your Personal Information

At our Site we strive to take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of your personal information. For example:

- We work hard to ensure that the data we collect is reliable, accurate, complete and current. We use personal information only for the purposes described in this Privacy Policy.

- We limit access to personal information only to specific employees and Service Partners who have a reasonable business purpose to come into contact with your information.

- Additionally, we also employ a number of physical, electronic and procedural safeguards to protect personal information. Our secure servers and our data centers are protected by encryption, and our servers reside behind firewalls and password protection.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Site cannot be guaranteed.

Miscellaneous

You must be at least 18 years old to have our permission to use our Site. Our policy is that we do not knowingly collect, use or disclose personal information about minor visitors.

You should also be aware that when personal information is voluntarily disclosed by you in the comments you post on the Site or in other public areas on the Site, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages (including unwanted spam messages) from third parties. Such activities are beyond our control and this Policy does not apply to such information.

Contact Us.

If you have any questions, concerns or inquiries about our Privacy Policy, our use of your personal information, or our privacy practices, please contact us by e-mail at Customersvs@bluepacificsolar.com.

Effective Date.

This Privacy Policy is effective as of May 1, 2019.

Terms and Conditions of Use of Website

1. Acceptance of Terms

1.1 Blue Pacific Solar a Iowa Corporation (referred to as "Blue Pacific Solar®," "us" or "we") provides www.BluePacificSolar.com (referred to as the "Site” or “Website"). These Terms and Conditions of Use of Website (referred to as the “Terms and Conditions of Use”) shall manage your use of this Website. By using this Website, you agree to accept all of the Terms and Conditions of Use set forth herein. You must not use this Website if you disagree with any of these Terms and Conditions of Use.

1.2 We reserve the right to change these Terms and Conditions of Use from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Website and these Terms and Conditions of Use. Your continued use of this Website after such modifications will constitute acknowledgement and acceptance of the modified Terms and Conditions of Use.

1.3 As used in these Terms and Conditions of Use, references to our "Affiliates" include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or the Products or Services available on this Website.

1.4 BY USING THIS SITE, YOU (REFERRED TO AS "YOU" OR "USER") AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS AND CONDITIONS OF USE IS TO CEASE USING THE SITE.

2. Temporary Interruptions

You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide you with this Site and that we assume no responsibility for the timeliness or deletion of orders. You agree that we are not required to store any User communications or personalization settings.

3. Site Conduct, Posting Policies & Third-Party Websites

3.1 User-Created Content Guidelines: You are solely responsible for any comments or posts you leave on the Site or send to us. By posting information on the Site, or by otherwise using any communications service, message board or other interactive service available on the Site, you agree that you will not post comments, messages, links, code, information, pictures, or other material that:

i. is unlawful, threatening, abusive, harassing, defamatory, deceptive, inaccurate, fraudulent, tortious, invasive of another's privacy, or includes graphic descriptions of sexual or violent content;

ii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

iii. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

iv. consists of unsolicited advertising, junk or bulk email (also known as "spam"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

v. contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;

vi. breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other networks or servers via your account on this Site;

vii. impersonates any person or entity, including any of our employees or representatives.

3.2 No Endorsement. Blue Pacific Solar® neither endorses nor assumes any liability for any materials uploaded or submitted by Users on any part of the Site. We reserve the right to remove any postings, in our sole discretion and without prior notice to you, although we do not assume responsibility to pre-screen, police or monitor comments posted on the Site. Blue Pacific Solar® is not responsible for any failure or delay in removing such postings.

3.3 Third-Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by third parties. We are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites and we are not responsible for errors or omissions in any references made on those websites or information, material or policies that some may find inappropriate or personally objectionable. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.

4. Blue Pacific Solar®'s Intellectual Property

4.1 Content. For purposes of these Terms and Conditions of Use, "content" is defined as any information, communications, published works, photos, video, graphics, music, sounds, or other material that can be viewed by Users on our Site and is owned by Blue Pacific Solar®, our Affiliates or licensors.

4.2 Ownership of Content. All content on the Site is copyright © 2015 Blue Pacific Solar® Products. All rights reserved. All content on the Site is subject to intellectual property rights, contractual and/or other protections. The intellectual property rights are owned by us and/or our licensors. No content may in any way be sold, resold, reproduced, duplicated, copied, distributed, republished, uploaded, posted, transmitted, or used for any commercial purpose except with Blue Pacific Solar®'s prior express written consent. Any use of the content other than as permitted by these Terms and Conditions of Use, or any other unauthorized use of the content may make you liable to Blue Pacific Solar® for violation of intellectual property rights.

4.3 Trademarks. Trademarks or service marks of Blue Pacific Solar® include, but are not limited to, Blue Pacific Solar®, Blue Pacific Solar Products® and BluePacificSolar.com®. All custom graphics, icons and service names are registered trademarks, common law trademarks or service marks of Blue Pacific Solar® or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark or service mark, and/or the name of Blue Pacific Solar®, our Affiliates or our licensors.

4.4 Site Use. Blue Pacific Solar® grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You may not use any content from the Site for commercial use. You agree not to copy the Site, reverse engineer or break into the Site, or use the Site or materials on the Site in violation of any law. Any use of the Site or the content or materials contained therein, other than as specifically authorized in these Terms and Conditions of Use, without the prior written permission of Blue Pacific Solar®, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in these Terms and Conditions of Use shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. Blue Pacific Solar® reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.

4.5 No Warranty for Third-Party Infringement. Neither our Affiliates nor we warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

5. Content You Create

5.1 Your Intellectual Property Rights. Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by email, phone or other means, for any reason, will be treated as non-confidential and non-proprietary user content ("User Content"). While you retain all rights to the User Content, you grant us (including our employees and Affiliates) a non-exclusive, paid-up, perpetual, and worldwide license to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.

5.2 We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing User Content, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c).

5.3 If you believe that your or someone else's copyright has been infringed upon by BluePacificSolar.com or User Content provided on this Site, you (or the owner or rights holder, collectively, "Rights Holder") should send notification to us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

i. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;

ii. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder's work(s) (for example, file name or URL of the page(s) that contain(s) the material);

iii. The Rights Holder's contact information so that we can contact them (including for example, the Rights Holder's address, telephone number, and email address);

iv. A statement that the Rights Holder has a good faith belief that the use of the material identified above in (ii) is not authorized by the copyright owner, its agent or the law;

v. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and

vi. The Rights Holder's electronic signature.

Notice may be sent to us at Customersvs@bluepacificsolar.com.

5.4 You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.

5.5 Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our Privacy Policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by Blue Pacific Solar® and will not be returned to you.

6. Privacy & Security

6.1 Login Required. In order to make purchases on this Site you will be asked to set up an account and password. Our account registration page requests certain personal information from you ("Registration Info"). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

6.2 Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.

7. Disclaimer and Limitation of Liability

7.1 IN NO EVENT SHALL BLUE PACIFIC SOLAR® BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR PRODUCTS OR SERVICES.

7.2 This Site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the content on this Site, including the prices and descriptions of any products or services listed herein, at any time without notice to you. The content or product information available on this Site may be out of date, and we make no commitment to update such content.

The use of the Site is made at your own discretion and risk and with your agreement that you will be solely responsible for any damages you incur as a result.

7.3 We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, the addition of free or fee-based services or changes to the list of products or services offered for purchase. Any new features that augment or enhance the then-current offerings, products or services on this site shall also be subject to these terms.

8. Indemnification

8.1 You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees that may arise from your use or misuse of this Site or any of the content contained therein or any breach of any of the provisions of these Terms and Conditions of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

9. Termination of Use

9.1 Grounds for Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

9.2 No Right to Use Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use this Site or any offerings made available on this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith. These Terms shall survive any termination.

10. Negotiation, Mediation, and Arbitration

10.1 Negotiation in Advance of Arbitration

The User shall attempt in good faith to resolve any dispute arising out of or relating to use of this Site, including these Terms and Conditions of Use, and the enforcement, interpretation or validity thereof, promptly by negotiation between the User and Blue Pacific Solar®. User shall provide notice of a dispute to Blue Pacific Solar® in writing and sent to Customersvs@bluepacificsolar.com. The User agrees that Blue Pacific Solar® can give the User any written notice using the same email address as provided in the original order or in the Registration Info. Within 15 days after delivery of the notice, the parties shall exchange statements that provide the party's position and a summary of arguments supporting that position. Within 30 days after delivery of the notice, the parties shall arrange a mutually acceptable time to attempt to negotiate a resolution of the dispute (“Negotiation”).

All offers, promises, conduct and statements, whether oral or written, made in the course of the Negotiation by any of the parties are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

At no time prior to the Negotiation shall the User initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the negotiation requirements provided above.

If the matter is not resolved by negotiation as set forth in the paragraph above, then the matter will proceed to mediation as set forth below.

10.2 Mediation in Advance of Arbitration

The User agrees that any and all disputes, claims or controversies arising out of or relating to the use of this Site or these Terms and Conditions of Use and the enforcement, interpretation or validity thereof, shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the Arbitration clause set forth below.

Either party may commence mediation by providing a written request to JAMS and to the other party setting forth the subject of the dispute and the relief requested.

The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.

All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first ("Earliest Initiation Date"). The mediation may continue after the commencement of arbitration if the parties so desire.

At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the negotiation requirements above.

All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.

10.3 Arbitration

Any dispute, claim or controversy arising out of or relating to the use of this Site or these Terms and Conditions of Use and the enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Iowa before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in a state court in Clarke County, Iowa. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a state court in Polk County, Iowa.

11. Miscellaneous Provisions

11.1 International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

11.2 Governing Law and Venue. Blue Pacific Solar®’s office is located in Osceola, Iowa and the Site is controlled by us from our office. Subject to the mandatory Arbitration terms above, and without waiving those terms, you agree that should the arbitration clause be determined to be unenforceable for any reason, you agree to submit to and irrevocably consent to the exclusive personal jurisdiction and venue of the state courts in Clarke County, Iowa for any and all claims and disputes between you and Blue Pacific Solar® and any and all disputes, claims or controversies arising out of or relating to these Terms and Conditions of Use and the enforcement, interpretation or validity thereof and that the statutes and laws of the State of Iowa shall be controlling, without regard to the conflicts of laws principles thereof.

11.3 Notices. All notices to Blue Pacific Solar® or BluePacificSolar.com shall be in writing and shall be sent to Customersvs@bluepacificsolar.com. You agree to allow us to submit notices to you using the email address as provided by you in the original order or in the Registration Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.

11.4 Savings Clause. If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

11.5 No Waiver. Any failure by us to enforce or exercise any provision of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.

11.6 Entire Agreement. The Terms and Conditions of Use, the Terms and Conditions of Sale and Privacy Policy constitute the entire agreement and understanding between the parties concerning the use of this Site and supersede all prior agreements and understandings of the parties with respect thereto. The Terms and Conditions of Use may NOT be altered, supplemented, or amended by the use of any other document(s).

1. Acceptance of Terms.

1.1 Acceptance of Terms. All orders and purchases from Blue Pacific Solar® Products, a California Corporation (referred to as "Blue Pacific Solar®," "us", “our” or "we") and/or through www.BluePacificSolar.com (referred to as the "Site” or “Website") or other transactions for the use or sale of our Products or Services and/or authorizing any credit card charge or other payment form constitutes an acknowledgement and acceptance of the Terms and Conditions of Sale set forth here. All products and services offered on this Site and by Blue Pacific Solar®, including, but not limited to, grid-tie solar power systems, hybrid solar wind systems, off-grid energy kits, solar parts and equipment, backup applications, racking and mounts, batteries, electrical distribution items, and permit document services are collectively referred to as "Products and Services” or “Products or Services”). All orders and purchases of Products or Services are subject to these Terms and Conditions of Sale, the Terms and Conditions of Use of Website, the Terms and Conditions of Checkout, and other Company Policies set forth in this Site (collectively referred to as “Terms” or “our Terms”). Our Terms apply to all written agreement(s), written quotes, written custom orders between you and us.

Please review our Terms and Conditions of Sale for any changes before any order and/or purchase as we reserve the right to make changes to our Terms and Conditions of Sale at any time with or without notice to you. Your continued use of this Site and/or making purchases of Products or Services after such modifications will constitute acknowledgement and acceptance of the modified Terms. If you have any questions regarding our Terms, please contact us at Customersvs@bluepacificsolar.com.

Blue Pacific Solar®’s agreement to any additional or modified or substituted terms and conditions or agreements must be made with specific reference to these Terms and Conditions of Sale and must be in writing in a form other than as an acknowledgement of a purchase order to be effective. Blue Pacific Solar® only accepts orders from Buyer on the condition that Buyer agrees to these Terms and Condition of Sale. Blue Pacific Solar®’s failure to object to any additional or conflicting terms and conditions contained in Buyer’s purchase order or other communications from Buyer shall not be an acceptance of such additional or conflicting terms and conditions and shall not be a waiver or modification of these Terms and Conditions of Sale.

1.2 As used in our Terms, references to our "Affiliates" include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or the Products or Services available on this Website.

2. Products and Services Compliance, Suitability, Warranties and Guarantees

2.1 Blue Pacific Solar®’s relationship in the sale of its Products and Services, as well as any other written agreement(s), written quotes, written custom orders between you and us is that of a material supplier with limited or no knowledge of actual jobsite conditions. Blue Pacific Solar® does not guarantee compliance or suitability of the Products and Services it sells with any federal, state or local laws, codes or regulations, nor does Blue Pacific Solar® accept responsibility for the construction, installation and/or operation of the Products or Services after purchase. It is the sole responsibility of the person and/or entity ordering and/or purchasing the Products or Services (the “Buyer”) to verify that the Products or Services ordered and/or purchased will: work for the actual installation conditions; satisfy the Buyer’s aesthetic preferences; meet all zoning, historic preservation, historic neighborhood or district rules, guidelines and standards; meet all homeowners’ association and condominium association Covenants, Conditions, and Restrictions, rules and bylaws. It is the sole responsibility of the Buyer to verify that the Products or Services are installed and/or operate are in compliance with the various rules and regulations surrounding the installation and operation of such Products or Services, including but not limited to, the National Electrical Codes (NEC), Authority Having Jurisdiction (AHJ), Code Officials, Uniform Building Code (UBC) or International Building Code (IBC), Occupational Safety and Health Administration (OSHA), local utility company policies, and the instructions provided by the equipment manufacturers and service providers. The applicable rules and regulations may vary from state to state so the Buyer must check with the local code officials for the applicable local rules and requirements. You agree to do your due diligence to ensure compliance with all applicable rules and regulations, including, but not limited to, those mentioned above. You agree that prior to making any order and/or purchase from Blue Pacific Solar®, you will ensure that the Products or Services you are ordering and/or purchasing are fit for use at the location where the Products or Services will be used. Blue Pacific Solar® makes no warranty that the Products or Services will meet your requirements.

2.2 No Guarantee or Warranty as to Results or Information Provided. Blue Pacific Solar® does not warranty, promise or guarantee specific results from using any of the Products or Services. The calculation of photovoltaic system electrical yields is based on estimated values. Blue Pacific Solar® is in no case liable for the real yield of the Products and Services which can deviate due to various conditions, including, but not limited to, individual site conditions, contamination, temperature variation, hours of sun exposure, or different efficiencies of the modules. IN NO EVENT SHALL BLUE PACIFIC SOLAR® BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE OR PROVIDED BY US OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE OR PROVIDED BY US, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR PRODUCTS OR SERVICES.

2.3 All warranties and warranty claims are between you and the manufacturer of the Product. Blue Pacific Solar® is a distributor only. Products sold by Blue Pacific Solar® are not manufactured by Blue Pacific Solar® and we do not warranty any products or services. The services sold by Blue Pacific Solar®, including but not limited to permit document services, are not directly supplied by Blue Pacific Solar® and we do not warranty any services. Blue Pacific Solar® bears no responsibility in sending a replacement item to the Buyer in the event that the Buyer received a defective product. If you receive a defective product, please contact the manufacturer to request a repair or replacement of the product.

2.4 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: BLUE PACIFIC SOLAR® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AND MAKES NO GUARANTEES OR WARRANTIES, EXPRESSED IMPLIED, AS TO THE CONDITION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER CONCERNING THE PRODUCTS AND SERVICES SOLD. BLUE PACIFIC SOLAR® SHALL NOT BE LIABLE TO THE BUYER OR ANY SUBSEQUENT USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, SALES, BUSINESS OR CUSTOMERS, FOR DELAYS OR INTERRUPTIONS OF SERVICE, FOR LABOR, REMOVAL OR INSTALLATION COSTS, OR DAMAGE TO OTHER PROPERTY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER SHALL BE THROUGH THE WARRANTY PROVIDED BY THE MANUFACTURER. BUYER ACCEPTS THE PRODUCTS OR SERVICES IN “AS IS” CONDITION AS PROVIDED BY THE MANUFACTURER OR SUPPLIER. BLUE PACIFIC SOLAR® DOES NOT ADOPT OR AFFIRM ANY OF THE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MADE BY ANY OF THE MANUFACTURES OR SUPPLIERS OF ANY OF THE PRODUCTS OR SERVICES. IN NO EVENT SHALL BLUE PACIFIC SOLAR®’S LIABILITY TO YOU EXCEED THE PURCHASE PRICE YOU PAID FOR THE PRODUCTS OR SERVICES IN DISPUTE. BLUE PACIFIC SOLAR® DOES NOT WARRANTY THAT THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM BLUE PACIFIC SOLAR® OR ANY OF OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR NEEDS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION. THE ACQUISITION OF ANY PRODUCTS OR SERVICES THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES INCURRED AS A RESULT.

2.5 Price Protection: Products sold by Blue Pacific Solar® have a 30 day price protection guarantee. Buyers can obtain a partial refund of the difference between the original purchase price of a product and the new purchase price of the same product if the Buyer can show that within 30 days after the purchase of the product, the same product is on sale at a lower price at www.BluePacificSolar.com. We do NOT price match with other suppliers. If the price of a product at www.BluePacificSolar.com drops within 30 days of the original purchase AND the claim is made within that 30 day period, Blue Pacific Solar® will refund you back the difference in the prices absent tax and shipping costs.

3. Indemnification

3.1 Indemnification: You agree to defend, indemnify, and hold Blue Pacific Solar® harmless from all liabilities, claims, and expenses, including attorneys' fees that may arise from your use of the Products or Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

4. Cancellation of Order

4.1 Cancellation of Order by Buyer: Your order can only be cancelled on the same business day your order was placed, excluding holidays and weekends, without being subject to restocking fee. After 5:00 PM P.S.T., a cancellation request is considered to be late and is subject to restocking fees. Special order, custom-built and non-stock items are non-cancelable and non-returnable. This includes all drop shipments from manufacturers.

At the timely request of the Buyer, the shipment of an order placed and paid for but not yet shipped can be held up to 60 days from the date of order. Beyond 60 days, the order must be shipped unless the order is cancelable in which case it will be subject to restocking and/or storage fees.

Buyers who cancel their orders after the order has shipped will be responsible for all the shipping fees to and from the delivery address plus a 15% restocking fee for the shipment and any incurred storage fee. Special order, custom-built and non-stock items are non-cancelable and are non-refundable. This includes all drop shipments from manufacturers.

Cancellations must be made via email request to customersvs@bluepacificsolar.com.

4.2 Cancellation of Order by Blue Pacific Solar®: Blue Pacific Solar® reserves the right to not accept your order or to cancel your purchase at any time. We reserve the right to refuse any order for any reason. We also reserve the right to cancel any purchase (an order already accepted by us) for any reason, including, but not limited to, the product is not available and/or not in stock, your billing information is not correct or not verifiable, your order is flagged by our security systems as an unusual order or an order susceptible to fraud or is deemed high risk, your bank transfer payment is not received within 12 calendar days after acceptance of your order, we have reason to believe you are under 21 years of age, we have reason to believe that you are using another person’s credit card and cannot validate that you have the card holder’s permission, there was an error in the price quote, we could not deliver to the address provided by you, or where harassment may be creating an offensive and unpleasant working environment. If an order is canceled by us, we will notify the Buyer using the same email address that was on the original order.

5. Payment Options

5.1 Credit Card Charge. When you order on-line through our secure checkout, your credit card or PayPal account may be charged at the time of your order. We normally ship in three to five business days after funds clear to allow our security team time to screen and score the order for fraud. This fraud scoring process offers both the card holder and us a higher level of protection. By continuing with the checkout process, you agree to be bound by our credit card charge policy.

5.2 Checks and Bank Wire Transfer. Blue Pacific Solar® generally accepts bank wire transfers as a form of secure payment from all USA banks. We do not accept personal checks as a form of payment. The only paper check we accept for payment is a cashier's check drawn on a USA bank or Credit Union that we can verify its authenticity with fraud screening.

6. Shipping, Delivery, and Product Substitution

6.1 Shipping. Most items will ship within three to five business days after the payment funds clear. Custom assembled solar power centers usually ship within ten business days (subject to seasonal increases). We use different freight carriers to best service our customers’ geographical areas. We have no control over the shipment once it leaves our dock and cannot guarantee the arrival date of your package. To reduce any issues caused by a late arrival of your package, especially during the winter months where weather delays are more frequent, please place your order early to allow extra time for delivery.

IN NO EVENT SHALL BLUE PACIFIC SOLAR® BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM SHIPMENT, TRANSPORTATION, OR DELIVERY OF PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DELAYS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SHIPMENT AND OR DELIVERY DATES ARE MERELY ESTIMATES AND FAILURE OF SHIPMENT AND OR DELIVERY BY THE ESTIMATED DATE WILL NOT CONSTITUTE GROUNDS FOR CHARGE BACK, SETOFF, OR OTHER DAMAGES OR CLAIMS OF DAMAGES.

6.2 International Shipping. Blue Pacific Solar® does not ship outside of the United States.

6.3 Delivery. Blue Pacific Solar® is not responsible if deliveries are late or missed due to unforeseen circumstances or delays by the freight carrier service. We have no control over the shipment once it leaves our dock and cannot guarantee the arrival date of your package. Blue Pacific Solar® shall be excused from liability for non-delivery or delay in delivery of Products or Services available arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation or delays in deliveries by freight companies, governmental act or regulation.

Deliveries are made between the hours 8:00 a.m. to 5:00 p.m. Monday through Friday. It is the responsibility of the Buyer to move the shipment inside the delivery address.

Business deliveries will be made without an appointment during normal business hours Monday through Friday. Residential delivery appointments are made by the freight carrier and the freight carrier should call to schedule a delivery appointment when the order arrives at the delivery terminal and the Buyer must be available to take immediate delivery no more than two business days after contact has been initiated by the freight carrier. If the Buyer fails to timely respond to the freight carrier’s attempts to schedule the delivery such that delivery is not made within two business days after contact has been initiated by the freight carrier or if the Buyer cannot accept delivery within two business days after contact has been initiated by the freight carrier, storage fees of up to $150.00 a day may be applied, in addition to other applicable fees. If the shipment is returned, the Buyer will be charged all shipping fees to and from the address of delivery plus a 15% restocking fee for the shipment and any incurred storage fees. If the items were returnable items, these fees will be deducted from the original purchase price of the shipment prior to refund. Special order, custom-built and non-stock items are non-cancelable, non-returnable and are non-refundable. This includes all drop shipments from manufacturers.

All residential and business deliveries made by LTL freight carriers are curbside and may be from a 28 foot to 48 foot tractor-trailer depending on the freight carrier and availability of equipment at the local terminal. Shipments weighing over 100 pounds are sent via LTL freight carrier. If the Buyer’s driveway is unpaved, too steep, the road leading to the property is inaccessible, or the driver is concerned about safety or other shipment issues at the property, the driver at his/her own discretion may deliver the shipment to the curb of the address or in rare inaccessibility cases the Buyer will have to make arrangements to pick up the shipment at the local freight terminal. Any refusal to accept such deliveries will result in a charge to the Buyer for all shipping fees to and from the address of delivery plus a 15% restocking fee and any incurred storage fees. If the items were returnable items, these fees will be deducted from the original purchase price of the shipment prior to refund. Special order, custom-built and non-stock items are non-refundable. This includes all drop shipments from manufacturers.

Blue Pacific Solar® reserves the right to authorize a return of any product that is not delivered because the Buyer was found to be unavailable for contact. The Buyer will then be responsible for all shipping fees to and from the address of delivery plus a 15% restocking fee for the shipment and any incurred storage fees. If the items were returnable items, these fees will be deducted from the original purchase price of the shipment prior to refund. Special order, custom-built and non-stock items are non-refundable. This includes all drop shipments from manufacturers.

If residential curbside delivery with lift-gate service delivery is selected at checkout, no more than one person (the freight driver) will be available to unload the shipment from the truck with a lift-gate. Residential curbside delivery is not a garage delivery and the freight company should place the shipment as close to the curb of the destination address as possible. As described in more detail below, once the shipment is unloaded off of the truck, it is the responsibility of the Buyer to inspect the shipment and sign the delivery receipt, noting any damage. It is the responsibility of the Buyer to move the shipment inside the delivery address.

6.4 Delivery Inspection. Refusing delivery may result in additional freight fees to you. You must inspect the shipment before you sign for the delivery. You must compare the items shipped with the Packing List included with your shipment and verify that your order has been received before signing for the delivery.

6.5 Overage, Shortage, or Missing Items. After inspecting the order, if there is an item count discrepancy, you must immediately write a description of the item count discrepancy on the Delivery Receipt and inform the driver. If there is an overage or shortage of items, you must file a claim with customersvs@bluepacificsolar.com and contact any assigned Personal Technical Advisor within 24 hours of receipt. You must not wait until you start your job to verify the contents of your order because you must report visually evident damage caused by shipping or mishandling to the freight carrier within 24 hours.

6.6 Freight Damage or Suspected Damage. You must not refuse the delivery. An authorized signature is required at delivery of the products you purchased. Before signing for freight or other packages, you or the agent you have assigned to receive the shipment must first inspect the package(s) closely and look for any signs of damage including, but not limited to, torn or punctured cardboard or stretch wrap, broken or crushed corners, box damage (including scuffs, dents, tears, punctures or creases), broken pallet, module stack askew or shifted on pallet, missing the “Do Not Stack” pyramid on module pallet, and then note on the delivery receipt any signs of damage. If there are any signs of damage or anything unusual with the package, pictures should be taken of the outside and then the contents inspected. If the driver is unwilling to wait while the package and items are inspected, the delivery receipt should be marked “Concealed Damage Possible”. If there are damaged or missing items, you should take pictures and you must write on the receiver “Broken _______ or Missing ______” with a description of the broken or missing item and forward a copy of the receiver to customersvs@bluepacificsolar.com. If nothing is written on the receiver or delivery receipt and it is signed without exception, it will be presumed that the product was in good condition upon delivery and your signature confirms your acceptance of ownership of the product and release of any claim for damage. You must report visually evident damage caused by shipping or mishandling to the freight carrier within 24 hours. Shipping damage is the responsibility of the freight carrier, not Blue Pacific Solar®, and should always be duly noted with the freight carrier prior to accepting and signing for the product.

6.7 Product Substitution. Products and Services are subject to manufacturer and supplier availability. Manufacturers occasionally will sell out their inventory. If this happens, we reserve the right to substitute a product of better or equal quality and performance with your prior knowledge and permission. If a product substitution is necessary, we will notify you prior to shipping your order and give you the option to either accept or decline the product substitution. If you decline the product substitution, your charge will be reversed. If you accept the product substitution, the order will move forward pursuant to our normal policy.

7. Returns

7.1 Non-Returnable Items. Special order, custom-built and non-stock items are non-returnable. This includes all drop shipments from manufacturers. Non-returnable items include, but are not limited to, Power Center Builds and custom ordered items that are non-stocking items such as Power Centers, batteries, mobile solar trailers, custom electronics, trackers, SunPods, non-stocking items that are drop shipped directly from the manufacturer, special orders, and final sale items that are labeled closeout, discontinued or obsolete. These non-returnable items may not be returned for credit and the sale of these items are final twenty-four hours after the payment funds clear.

7.2 Returnable Items. If an item is returnable, it may not be returned more than thirty days after purchase. Shipping fees, buySafe insurance and handling charges are non-refundable. Blue Pacific Solar® will accept a return and exchange of returnable items that cost less than one thousand dollars within thirty days of purchase subject to the conditions set forth below. Blue Pacific Solar® will also accept a return and exchange of a returnable item that costs one thousand dollars or more within thirty days of purchase, subject to the conditions set forth below, with a restocking fee of up to twenty-five percent charged to the Buyer. The following conditions apply to all returns. The Buyer is solely responsible for the cost of shipping any returned product to the address specified by Blue Pacific Solar® (address may be original manufacturer) and only after receiving a return authorization number (RAN). Buyer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. The Buyer agrees to bear all shipping and insurance charges and all risk of loss for the return product during shipment. The Buyer agrees that all returned products will be 100% complete, new, unused, unmodified, in salable condition, in the original undamaged packaging material, with all manuals, blank warranty cards, and other accessories provided by the manufacturer. If any component of the returned product is missing, or if the product has been used, damaged or altered and cannot be resold as new, the return procedure will be breached and Blue Pacific Solar® may in its sole and absolute discretion reject the entire return or choose to impose additional charges against the customer for replacement of the damaged or missing component(s).

8. Negotiation, Mediation, and Arbitration

8.1 Negotiation in Advance of Arbitration

The Buyer shall attempt in good faith to resolve any dispute arising out of or relating to an order and/or purchase of Products or Services from Blue Pacific Solar® or the Terms, including these Terms and Conditions of Sale, and the enforcement, interpretation or validity thereof, promptly by negotiation between the Buyer and Blue Pacific Solar®. Buyer shall provide notice of a dispute to Blue Pacific Solar® in writing and sent to Customersvs@bluepacificsolar.com. The Buyer agrees that Blue Pacific Solar® can give the Buyer any written notice using the same email address as provided in the original order or in the Registration Info. Within 15 days after delivery of the notice, the parties shall exchange statements that provide the party's position and a summary of arguments supporting that position. Within 30 days after delivery of the notice, the parties shall arrange a mutually acceptable time to attempt to negotiate a resolution of the dispute (“Negotiation”).

All offers, promises, conduct and statements, whether oral or written, made in the course of the Negotiation by any of the parties are confidential, privileged and inadmissible for any purpose, including impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.

At no time prior to the Negotiation shall the Buyer initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the negotiation requirements provided above.

If the matter is not resolved by negotiation as set forth in the paragraph above, then the matter will proceed to mediation as set forth below.

8.2 Mediation in Advance of Arbitration

The Buyer agrees that any and all disputes, claims or controversies arising out of or relating to the order and/or purchase of Products or Services from Blue Pacific Solar® or the Terms, including these Terms and Conditions of Sale and the enforcement, interpretation or validity thereof, shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the Arbitration clause set forth below.

Either party may commence mediation by providing a written request to JAMS and to the other party setting forth the subject of the dispute and the relief requested.

The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.

All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.

Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first ("Earliest Initiation Date"). The mediation may continue after the commencement of arbitration if the parties so desire.

At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the negotiation requirements above.

All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.

8.3 Arbitration

Any dispute, claim or controversy arising out of or relating to the order and/or purchase of Products or Services from Blue Pacific Solar® or the Terms, including these Terms and Conditions of Sale and the enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Osceola, Iowa before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS' Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in a state court in Clarke County, Iowa. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a state court in Clarke County, Iowa.

9. Miscellaneous Provisions

9.1 International Use. Although this Site may be accessible worldwide, those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

9.2 Governing Law and Venue. Blue Pacific Solar®’s office is located in Osceola, Iowa and the Site is controlled by us from our office. Subject to the mandatory Arbitration terms above, and without waiving those terms, you agree that should the arbitration clause be determined to be unenforceable for any reason, you agree to submit to and irrevocably consent to the exclusive personal jurisdiction and venue of the state courts in Clarke County, Iowa for any and all claims and disputes between you and Blue Pacific Solar® and any and all disputes, claims or controversies arising out of or relating to the order and/or purchase of Products or Services from Blue Pacific Solar® or the Terms, including these Terms and Conditions of Sale and the enforcement, interpretation or validity thereof, and that the statutes and laws of the State of Iowa shall be controlling, without regard to the conflicts of laws principles thereof.

9.3 Notices. All notices to Blue Pacific Solar® or BluePacificSolar.com shall be in writing and shall be sent to Customersvs@bluepacificsolar.com. You agree to allow us to submit notices to you using the email address as provided in the original order or in the Registration Info. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.

9.4 Phone Orders and Communication in General. By placing communication in writing, there is less chance of miscommunication. As a result, we do not take orders, authorizations or requested changes in the specifications over the phone. We think it is safer for both parties to make transactions in writing. You can order on line or you can request an E-quote for a custom designed system. All official communication with Blue Pacific Solar® including, but not limited to, orders, purchases, claims, shipping damage and/or any technical questions shall be in writing by email or other written means. Verbal responses are not binding and no verbal agreements will be enforceable.

9.5 Savings Clause. If any part of the Terms including these Terms and Conditions of Sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

9.6 No Waiver. Any failure by us to enforce or exercise any provision of the Terms, including these Terms and Conditions of Sale or related rights shall not constitute a waiver of that right or provision.

9.7 Entire Agreement. These Terms and Conditions of Sale supersede all prior agreements and understandings of the parties with respect thereto. These Terms and Conditions of Sale may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms and Conditions of Sale, these Terms and Conditions of Sale shall take precedence. All quotations by us and orders and/or purchases made by Buyer for Products or Services.

Our relationship in the sale of any equipment or material is that of a material supplier with limited knowledge of the actual jobsite condition. It is the sole responsibility of the Buyer to verify that the all products purchased will work for the actual installation conditions and that the products are installed and/or operate are in compliance with the various rules and regulations surrounding the installation and operation of such equipment, including but not limited to, the National Electrical Codes (NEC), Authority Having Jurisdiction (AHJ) Code Officials, Uniform Building Code (UBC) or International Building Code (IBC), Occupational Safety and Health Administration (OSHA), local utility company policies, and the instructions provided by the equipment manufacturers. These rules and regulations may vary from state to state so be sure to check with your local code officials for your local rules and requirements. You the buyer (customer) agree to do your due diligence as to all the rules and regulations mentioned above and fitness for use of the equipment you are purchasing at your location prior to making any purchase from the Site as well as any other written agreement(s), written quotes, written custom orders between us and you. By purchasing material, products and or services from us you the buyer (customer) acknowledge and agree you are acting as your own do-it-yourself contractor, have done your due diligence and have an understanding of the material or solar package you are purchasing and agree that Blue Pacific Solar is a material suppler only with limited knowledge of the jobsite conditions.

Notice: In some areas of the country, it is not permitted for an unqualified person to install electrical equipment in a home or other dwelling or structure. It could result in severe penalties and/or fines. Be sure to check your local electrical codes and regulations before installing this system. You may need to hire a licensed electrician in order to pass an electrical inspection."

All installations should be permitted and inspected, where required, by the AHJ (Authority Having Jurisdiction (Code Officials)) in the same manner as other equivalent electrical systems.

For orders larger than $2,000.00, you will be notified, usually the next business day after you place your order, of the name and contact information for your personal technical advisor that will be assigned your account. Your Technical Advisor’s job is to work with you throughout the process and will be the point person on your order providing you with a single contact point to help make the process easier. Your assigned Technical Advisor will work to keep you informed so the process is seamless.

We do not claim all our Technical Sales Consultants know the answer to all questions all the time. However, for the questions they cannot answer, they will endeavor to get the answer and quickly provide it to you.

By placing communication in writing, there is less chance of miscommunication. As a result, we do not take orders, authorizations or requested changes in the specifications over the phone. We think it is safer for both parties to make transactions in writing. You can order on line or you can request an E-quote for a custom designed system.

Credit Card Charge Policy

When you order on-line through our secure checkout, your credit card or PayPal account may be charged at the time of your order. We normally ship in three to five business days after funds clear to allow our security team time to screen and score the order for fraud. This fraud scoring process offers both the card holder and us a higher level of protection. By continuing with the checkout process, you agree to be bound by our credit card charge policy.

If you do not have a history of this type of charge you may want to call your card company and tell them the charge is coming through. Credit card companies will sometimes decline an unexpected charge for security reasons.

Bank Wire Transfer

Wire transfers are fast and easy. Blue Pacific Solar® accepts banks wire transfers as a form of secure payment from all USA banks. If you would like to pay by transferring the funds from your bank using a wire transfer, complete the purchase selecting bank wire at checkout. Within 1 business day, you will be sent the wire instructions that will look like this:

Once you have the information above, you will need to go down to your local bank and tell the customer service agent you would like to do a bank wire from your account. Your local bank will have a form that you have to fill out, or you might be able to start the process online.

Cashier's Check Option

We do not accept personal checks as a form of payment. The only paper checks we accept for payment is a cashier's check drawn on a USA bank or Credit Union that we can verify it's authenticity with fraud screening.If you choose to complete your purchase with the Cashier's Check Option, select check as your method of payment at checkout and you will be sent instructions on where to send the cashier's check.