These Terms contain (a) an "AS IS" disclaimer of all warranties, (b) a strict cap on our liability, (c) an indemnification obligation, (d) a binding individual-arbitration clause, and (e) a class action waiver. By creating an account or otherwise using the Platform, you accept these Terms in full. If you do not agree, do not create an account and do not use the Platform.
By (i) creating an account on the Platform, (ii) checking the Terms acceptance box during signup, or (iii) accessing any part of the Platform after the effective date above, you ("You", "User") agree to be legally bound by these Terms of Service with SitePath Intelligence ("SitePath", "we", "us"). If you accept on behalf of an organization, you represent that you have authority to bind that organization, and "You" includes both you personally and that organization.
SitePath provides county-level research data on solar permitting environments, ordinances, board composition, and related public-record information ("Platform" or "Data"). The Data is informational only. It is not legal, regulatory, investment, tax, engineering, or real-estate advice. It is not a substitute for primary-source verification, professional due diligence, or licensed counsel. Any decision you make in reliance on the Data is solely your own.
Paid plans are billed in advance on a recurring basis until cancelled. You may cancel at any time and your access continues through the end of the paid period. Fees already paid are non-refundable except where required by law. We may change plan pricing on 30 days' notice; continued use after the change constitutes acceptance of the new price.
Subject to these Terms, we grant You a limited, non-exclusive, non-transferable, non-sublicensable license to use the Platform for Your own internal business purposes. You will not, and will not permit any third party to: (a) resell, redistribute, syndicate, or commercially exploit the Data; (b) scrape, crawl, or use automated means to extract Data beyond normal interactive use; (c) reverse engineer, decompile, or attempt to derive the underlying scoring methodology; (d) share account credentials or allow concurrent use beyond the seat count of Your plan; (e) use the Platform in violation of any law or to infringe any third party's rights; or (f) remove or obscure any proprietary notices. We may terminate Your access for breach of this Section without refund.
THE PLATFORM AND DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Data is accurate, complete, current, or error-free, that the Platform will be uninterrupted, or that defects will be corrected. Regulatory conditions, ordinances, and board compositions change frequently; You are responsible for verifying any data point against primary government sources before relying on it.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) NEITHER SITEPATH NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST OPPORTUNITIES, OR LOST DATA, ARISING OUT OF OR RELATING TO THE PLATFORM, DATA, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (ii) US$100. The foregoing limitations apply to every theory of liability, contract, tort (including negligence), strict liability, statute, or otherwise, and survive termination. Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless SitePath and its affiliates, officers, employees, and agents from and against any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your use of the Platform or Data; (b) any decision or action taken in reliance on the Data; (c) Your breach of these Terms; or (d) Your violation of any law or third-party right. We will promptly notify You of any such claim and may, at our option, control its defense; You will cooperate with us in the defense.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
(a) Arbitration. Any dispute, claim, or controversy arising out of or relating to the Platform, Data, or these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration will take place in Wilmington, Delaware (or via video conference at the User's request) before a single arbitrator. The arbitrator's award is final and may be entered in any court of competent jurisdiction.
(b) Class Action Waiver. YOU AND SITEPATH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
(c) Exceptions. Either party may seek injunctive relief in a court of competent jurisdiction for infringement of intellectual property rights or unauthorized access to the Platform, and small claims court actions are exempt from this Section so long as they remain in small claims court.
(d) Opt-Out. You may opt out of this arbitration agreement by sending written notice to Support@sitepathintel.com within 30 days of first accepting these Terms. Opt-out does not affect the rest of these Terms.
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules. Subject to Section 8 (Arbitration), the state and federal courts located in Wilmington, Delaware have exclusive jurisdiction over any matter not subject to arbitration. You consent to personal jurisdiction and venue in those courts and waive any objection based on inconvenient forum.
All content on the Platform, including the Data, the scoring methodology, software, design, trademarks, and look-and-feel, is owned by SitePath or its licensors and is protected by copyright, trademark, and other intellectual-property laws. Except for the limited license in Section 4, no rights are granted to You.
We may suspend or terminate Your access at any time, with or without cause, with or without notice. On termination, Sections 4–9 and 11–14 survive. Upon termination for breach we are not obligated to refund any fees.
Our Privacy Policy is incorporated into these Terms by reference and governs how we collect and use personal information.
We may update these Terms at any time. Material changes will be communicated by email to the address on Your account at least 14 days before the change takes effect, and the version string and effective date above will be updated. Continued use after the effective date constitutes acceptance of the updated Terms. You can review the version You agreed to in Your account record.
Entire Agreement. These Terms (together with the Privacy Policy) are the entire agreement between You and SitePath regarding the Platform and supersede any prior agreement. Severability. If any provision is held unenforceable, the remainder will remain in force and the unenforceable provision will be reformed to the minimum extent necessary. No Waiver. Our failure to enforce any provision is not a waiver. Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets. Force Majeure. Neither party is liable for failure to perform due to causes beyond reasonable control.
Questions about these Terms or to send legal notice: Support@sitepathintel.com