Clean Power Finance, Inc. Terms of Use

Clean Power Finance, Inc.
222 7th Street – 2nd Floor
San Francisco, CA 94103-4004

Customer Service: 866-525-2123
Fax: 415 520-5668
E-mail: customercare @ CleanPowerFinance.Com

TERMS OF USE AGREEMENT

Please read this Terms of Use Agreement (“Agreement”) carefully. By accessing this Web site and any pages hereof, you agree to be bound by the terms and conditions below. This Agreement contains an agreement to arbitrate all Claims and disclaimers of warranties and liability. These provisions form an essential basis of our bargain. If you do not agree to these terms and conditions, do not access this Web site.

Clean Power Finance, Inc. operates this Web site and is referred to herein as “we,” “our,” or “us.” Financial institutions, lenders, and loan brokers are referred to herein as “Lenders.” Although Clean Power Finance, Inc. has taken reasonable and appropriate measures to ensure that your personal information is delivered and disclosed only in accordance with your instructions, Clean Power Finance, Inc. cannot and does not guarantee that the personal information you provide will not be intercepted by others and decrypted.

LOAN ORIGINATION SERVICES
Clean Power Finance, Inc. offers loan origination services, explained in more detail below.
By requesting information on possible loans, you represent that all of the information you have provided in your loan request is true and complete. By choosing an option and submitting your loan request form, you also agree to and accept this Agreement in its entirety.

Clean Power Finance, Inc. may arrange for multiple offers through nonaffiliated Lenders (U.S. based banks, thrifts, and finance companies).

To determine which Lenders may be matched with you, Lenders provide to us criteria about the type of loans they offer (for example, loan amount, original vs. refinancing, second or third home loans, home equity lines of credit, etc.) and the type of loan customer (for example, state of residence or creditworthiness) in which the Lender is interested. You may review the loan offers and talk to a Clean Power Finance, Inc. customer service representative. Once you select a loan, the Lender may require a fee to lock-in your rate and to complete the processing and underwriting of your loan application.

By submitting the Clean Power Finance, Inc. loan request form, you authorize Clean Power Finance, Inc. to provide your information to potential Lenders. You also authorize Clean Power Finance, Inc. and its Lenders, along with any additional Lenders or investors necessary to complete your loan transaction, to check your credit history, your property records, and to return their decision to you via Clean Power Finance, Inc.

Responsibility for Settlement and Closing Costs. At closing you will be responsible for paying for any settlement or closing costs associated with your loan (such as loan processing, underwriting, or funding fees, title insurance premiums, notary fees, etc.). Clean Power Finance, Inc. is not a lender and does not make loans or credit decisions in connection with loans. Clean Power Finance, Inc. does not endorse or recommend the products of any particular Lender on any of its websites. Clean Power Finance, Inc. is not an agent of you, the User, or any participating Lender. Clean Power Finance, Inc.’s services are administrative and consultative only. You should rely on your own judgment in deciding which available loan product best suits your needs and financial means. The Lender is solely responsible for its services to you, and you agree that Clean Power Finance, Inc. shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services. You understand that Lenders may keep your loan request form, whether or not you are qualified for a loan with them.

Clean Power Finance, Inc. does not guarantee acceptance into any particular loan program or specific loan terms or conditions with any participating Lender. Loan approval standards are established and maintained solely by individual Lenders. Likewise, Clean Power Finance, Inc. does not guarantee that the loan terms or rates offered and made available by participating Lenders through this Web site are the best terms or lowest rates available in the market. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a loan commitment or interest rate lock-in agreement.

By hitting submit or requesting to be matched with Lenders, you understand and agree that you are submitting an inquiry about a lending product to Clean Power Finance, Inc. and to each of the Lenders to whom your loan request is transmitted. By submitting the loan request containing your electronic signature, you are extending an express invitation to each of the Lenders making you loan offers to contact you by telephone at the numbers you have provided so they may assist you with your transaction, and you hereby consent to any such calls even if your phone number is on any Do Not Call list. By saving your information with Clean Power Finance, Inc. and/or submitting a loan request, you give Clean Power Finance, Inc. permission to make recorded calls to remind you of any deadlines or issues in connection with your loan request.

LENDING SERVICES
You affirm that all of the information you have provided in this referral form is true and complete. You authorize Clean Power Finance, Inc. to forward your information to its network of Lenders. Independent installation companies perform installations of renewable energy equipment, such as solar panels. Clean Power Finance, Inc. does not provide or install renewable energy equipment. Clean Power Finance, Inc. may act as a referral agent by referring you to a local equipment installation company, and for its services, Clean Power Finance, Inc. may receive a referral fee from the equipment installation company. Your use of this Web site and/or Clean Power Finance Inc.’s services constitutes your agreement with this compensation arrangement. Certain states require that incentives be given as either a credit at closing or as a reduction of your real estate commission. The programs may be available on modified terms, or may be prohibited, in certain jurisdictions. Other restrictions may apply.

By creating an account or otherwise registering with this site, you hereby understand and agree that you have established a business relationship between you and Clean Power Finance, Inc., which is the owner of this site. As such, you agree that Clean Power Finance, Inc. may contact you using information you provided with information and offers of services available through Clean Power Finance, Inc. and any of its websites. You hereby consent to any such communication or phone calls even if your phone number is on any Do Not Call list.

COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web site are: Copyright (c) 2006 – 2007 Clean Power Finance, Inc. and/or its suppliers, participating Lenders, or real estate professionals, 161 Erie Street, San Francisco, U.S.A. All rights reserved. Clean Power Finance, Inc. and Solar Dollars are service marks of Clean Power Finance, Inc. Other product and company names mentioned herein, including the names of participating Lenders, may be the trademarks of their respective owners.

DISCLAIMERS AND LIMITATIONS

Clean Power Finance, Inc. intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occur. In addition, Clean Power Finance, Inc. may make changes and improvements to the information provided herein at any time.

THIS WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS.” CLEAN POWER FINANCE, INC. AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF THIS WEB SITE AND/OR CLEAN POWER FINANCE, INC.’S SERVICES IS AT YOUR OWN RISK. CLEAN POWER FINANCE, INC. AND/OR ITS SUPPLIERS, PARTICIPATING LENDERS, OR REAL ESTATE PROFESSIONALS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE AND/OR CLEAN POWER FINANCE, INC.’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLEAN POWER FINANCE, INC. AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNITY

As a condition of use of this Web site and/or Clean Power Finance’s services, you agree to indemnify Clean Power Finance, Inc. and its suppliers, participating Lenders, or real estate professionals from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

LINKS TO THIRD PARTIES

This Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Clean Power Finance, Inc. does not operate or control in any respect any information, software, products or services available on such Web sites. Clean Power Finance’s inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

ERRORS AND DELAYS

Clean Power Finance, Inc.is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION

Any claim or controversy arising out of or relating to the use of this Web site, to the goods or services provided by Clean Power Finance, or to any acts or omissions for which you may contend Clean Power Finance, Inc.is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration shall be venued in San Francisco, CA except for Maine consumers for whom the location shall be a place reasonably convenient to the consumer. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Clean Power Finance. In any arbitration, Clean Power Finance, Inc. will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party, provided, however, that in Maine any cost to the consumer shall be limited to the cost of filing a court case. To begin the arbitration process, a party must make a written demand therefore.

Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in San Francisco, CA. The arbitrators shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto, except in Maine where state law will control all rights and remedies in the arbitration. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.

THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND CLEAN POWER FINANCE, INC. WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Clean Power Finance’s goods and services you consent to these restrictions.

Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Clean Power Finance, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in San Francisco, California. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees.

OTHER TERMS

This Agreement constitutes the entire agreement between you and Clean Power Finance, Inc. and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Clean Power Finance, Inc. with respect to this Web site and information, software, products and services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of California, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.