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iSolar Exchange - Terms of Use

The iSolar EXCHANGE Website Terms and Conditions are detailed in three categories that are combined and mutually applicable to all iSolar EXCHANGE users.

By using the iSolar EXCHANGE web site, you agree to the provisions contained in these Terms and Conditions which govern your use of the site.

The following three categories are:

Section: Standard Auctions

The Standard Auction Portal of ISOLAR EXCHANGE acts as a venue to allow the ISOLAR EXCHANGE buyers and sellers to offer, sell and buy Solar and renewable energy products, equipment, tools, raw materials and other items at anytime, from anywhere, in a Standard Online Auction Format, ISOLAR EXCHANGE is not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items, advertised, the truth or accuracy of the listings, the ability of sellers to sell products or the ability of buyers to buy products. We cannot ensure that a buyer or seller will actually complete a transaction.

Buyer agrees to the following Transaction Rules

  1. To accept that all auction bids are binding and cannot be retracted.
  2. By submitting a bid, a buyer agrees they are entering into a legal binding contract to complete the transaction with the Seller if Buyer is the winning bidder.
  3. To be liable for all Sales and Use Tax and /or provide Seller a Certificate of Exemption.
  4. To remit full payment for purchased materials, products and equipment in the amount of the auction closing price, Sales Tax (where applicable) and registration fees by certified check from a U.S. bank or wire transfer or a credit card service such as PayPal or with a third party escrow service such as e-Escrow.com within three (3) business days to the Seller after the auction closes or as in Sellers posted Auction terms & conditions or as agreed to by both parties.
  5. If buyer is picking up the Auctioned items at Sellers location. Buyer will remove the Auctioned items from Seller's premises no later than eight (8) business days after the auction closes and that after thirty (30) days the Auctioned items may be deemed abandoned and re-sold unless both parties agree to different terms in writing.
  6. To be responsible for all title registration, freight and transportation costs related to transporting from the Auction Item's location or as posted and described in Sellers auction's terms & conditions or as agreed to into in writing between both parties.
  7. Buyer agrees to use an Escrow or other similar third party service if required by Seller. This is sometime required with a sales exchange across distances other then local occurs with high value Auctioned items.
  8. To agree not to bypass the auction service and negotiate a listed auction outside the site with Seller.

Seller agrees to the Following Transaction Rules

  1. To sell items listed in the Auction to the highest auction bidder who meets or exceeds Seller's Reserve Price or who uses the "Buy Now" feature.
  2. To not have items posted in ISOLAR EXCHANGE's Auction site posted at the same time in another auction site or for sale in another venue.
  3. To be responsible for Auction listed items until removed or shipped from Seller's location.
  4. To maintain Auctioned items in the same condition as documented in the Sellers listing details until buyer takes possession.
  5. To provide all lien information necessary to clear title to Buyer.
  6. To provide all title transfer documentation and information for Buyer to register equipment or vehicles.
  7. To transfer any warranties when applicable.
  8. To pay all Auction Service fees according to ISOLAR EXCHANGE fee schedules.
  9. To make Auctioned items ready for shipping to Buyer as described in Sellers Listing no later than one (1) business day after the Seller receives payment from buyer, unless Buyers agrees to different terms or through the use of a third party service.
  10. To accept final payment equal to the auction closing price.
  11. To agree not to manipulate the price of any products or services offered on the ISOLAR EXCHANGE, either through the use of shills, alias or decoys, or by acting as a buyer in respect of such purposed sale
  12. To agree not to bypass the auction service and negotiate a listed auction outside the site with Buyer.

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ISOLAR EXCHANGE Forward Auction General Terms and Conditions

  1. Acceptance. Your access and/or use of the ISOLAR EXCHANGE site signifies that you have agreed to be bound by these general terms, the Privacy policy, and, in the event you utilize any services, the applicable transaction Terms and Conditions and the Fee Schedules. If you do not agree with these terms contained in any of the foregoing, you should immediately cease use of the site and the services.
  2. Access (User Name & Password). You agree that you will be solely responsible for the use and protection of your username and password and you agree to take all reasonable precautions to protect the security and integrity and to prevent unauthorized use thereof. You agree to be responsible for all bids and offers made during auctions that utilize your username and password and also be responsible for any other person who uses your username and/or password unless the person other than yourself who uses the username and/or password has obtained such information solely as a result of wrongful behavior. If you become aware of any unauthorized access or use of the services with your username or password, you will immediately notify ISOLAR EXCHANGE @ (admin@ISOLAR EXCHANGE.com). You are solely responsible for any and all use and distribution of your username and password. You acknowledge and accept that ISOLAR EXCHANGE shall not be liable for any negotiations, orders or other uses of your username and password.
  3. Your Information. Users are solely responsible for information they post on the site. ISOLAR EXCHANGE does not investigate, confirm or endorse any information posted on the site by you or third parties. You agree that ISOLAR EXCHANGE has no obligation to monitor the content on the site, the exchange or links from our site to other websites, and expressly disclaims any responsibility of ISOLAR EXCHANGE to filter any such content. However, ISOLAR EXCHANGE may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe such information may give rise to liability to us or other parties or interfere or impair our relationship with any member.
    1. Definition. Your Information is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information and can take no responsibility for accuracy or adequacy of such information. You agree to hold us harmless for any false or misleading information and misuse of information, or your reliance on the information of others.
    2. Restrictions. You agree that any information that you provide:
      1. shall not be false, inaccurate or misleading; You agree that any information that constitutes your accuracy or inadequacy for your [listing,] you agree to hold ISOLAR EXCHANGE harmless for any losses that you may suffer as a result of negligence. Furthermore, you agree to indemnify us against any losses that we may suffer as a result of any reliance of your information by others.
      2. shall not be fraudulent or involve the sale of counterfeit or stolen items;
      3. shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
      4. shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
      5. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
      6. shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors;
      7. shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system data or personal information;
      8. will not advertise or offer to sell any goods or services, or engage in surveys, contests, and chain letters or for any commercial purpose
      9. Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and user acknowledges that communications hosted by this Internet web site are public and not private communications. Further, the user acknowledges ISOLAR EXCHANGE does not endorse postings and other communications by other users, and such communications shall not be considered reviewed, screened, or approved by ISOLAR EXCHANGE.
      10. Shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement, are identical to other products you have listed on our site, and are priced lower than your product's reserve or minimum bid amount. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us a fee or the final fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Terms and Conditions.
      11. Offering in a listing the opportunity to purchase the item or other merchandise outside of ISOLAR EXCHANGE.
      12. Listing an item that requires or offers an additional purchase;
      13. Listing a single item and offering additional identical items for sale in the item description. In these situations, the seller typically instructs bidders to indicate the number of items they want, and states that they can get the same price as the item in the listing;
      14. Listings with an e-mail address or a domain name.
      15. You agree not to identify and engage in negotiations with a counter party on the exchange and then agree on the terms of the same Transaction off the exchange or otherwise circumvent the payment of the ISOLAR EXCHANGE Transaction Fee. A seller who agrees on the terms of a transaction off the exchange is still obligated to pay ISOLAR EXCHANGE the applicable Transaction Fee for such transaction.
  4. Bidding and Buying. A buyer agrees and fully understands they are entering into a legal and binding contract with the seller when the buyer places a bid in ISOLAR EXCHANGE. The Buyer is obligated to complete the transaction with the seller if the bid placed by the buyer through one of Forward auctions is the highest bid as described below or if Buyer is the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) or uses the 'Buy Now' feature. By bidding on an item you agree to the seller's conditions of sale included in the item's description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances. Buyer agrees not to bid on their own auction through the use of shills, alias or decoys, or by acting as a buyer in respect of such purposed sale.
  5. Safe Trading. Because user authentication on the internet is difficult, ISOLAR EXCHANGE cannot and does not confirm each user's identity. Thus, we have established a user-initiated feedback system to help you evaluate those with whom you are dealing, at your own peril. We also encourage you to communicate directly with potential trading partners through the forums. You may also wish to consider using a third party escrow service or secure payment services such as PayPal that provide additional user verification.
  6. Release from Harm. Because ISOLAR EXCHANGE is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release ISOLAR EXCHANGE (and our officers, directors, agents, subsidiaries, employees, representatives and stockholders) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
  7. Access and Interference. You agree that you will not copy our web pages, our concepts or any content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the ISOLAR EXCHANGE web site or any auction or transaction being conducted on our site. Users agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your information) from our web site without the prior expressed written permission of ISOLAR EXCHANGE.
  8. Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, if:
    1. You breach this Agreement,
    2. We are unable to verify or authenticate any information you provide to us, or
    3. We believe that your actions may cause legal liability for you, our users or us.
  9. Indemnity. Users agree to indemnify and hold us and, as applicable, our parents, affiliates, officers, directors, agents, employees, representatives and stockholders, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
  10. Legal Compliance. User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
  11. No Agency. You and ISOLAR EXCHANGE are independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement

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ISOLAR EXCHANGE Forward Auction Membership & Eligibility

  1. User acknowledge that although the seller will post products or services to the ISOLAR EXCHANGE and buyers will post inquiries to the Exchange, ISOLAR EXCHANGE is merely a venue for buyers and sellers to agree upon the terms of transactions.
  2. ISOLAR EXCHANGE does not endorse the price, contract terms, quality, safety, conformance or legality of the products and services advertised or offered for sale, the ability of sellers to sell products or services or the ability of buyers to buy products or services. We cannot and do not control whether sellers will complete the sale of products or services they offer. We are not responsible with respect to payment or collection for orders made and bids placed on the site. Sellers determine in their sole discretion, which buyers are authorized to do business with them.
  3. ISOLAR EXCHANGE services are available only to users who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or definitely suspended ISOLAR EXCHANGE users. If you do not qualify, you may not use our services.
  4. ISOLAR EXCHANGE accounts (including feedback) and User ID may not be transferred or sold to another party.
  5. ISOLAR EXCHANGE may revoke a registration in our sole discretion and/or limit a member's use of the site and/or exchange at any time in our sole discretion.
  6. The specific terms and conditions of a member's purchase or sale of products or services (such as pricing, warranties from sellers, delivery, etc?) through the exchange are established between buyer and seller with which you do business on the site. The respective parties have the option to add their own terms and conditions in their posting as long as it does not violate the terms & conditions of ISOLAR EXCHANGE.
  7. ISOLAR EXCHANGE acts as a venue for users to exchange news and information, to purchase products and services, to participate in auctions and other sales transactions and to establish an internet based Marketplace for the solar & renewable industry. There are different types of ISOLAR EXCHANGE users:
  8. "Visitors" are able to review headlines to news and explore all of the news and content and general information about ISOLAR EXCHANGE.
  9. "Registrants" are users that, after agreeing to the Terms and Conditions, are accepted by ISOLAR EXCHANGE becoming authorized buy and sell, are provided with a "Control Box", to list auctions and place bids for products and services for sale and to monitor auctions on the ISOLAR EXCHANGE web site.
  10. ISOLAR EXCHANGE may amend these Terms and Conditions at any time by posting the amended Terms and Conditions. The amended Terms and Conditions will be effective on the date indicated on the notice. We may also add, delete or modify some or all of our services at any time.

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ISOLAR EXCHANGE Forward Auction Membership Transaction Fees

The "Basic Auction Listings" of products, services, and "Bidding" is free in the Forward Auction Module

Please refer to Store ownership and banners for fees and services in that part of the Forward Auction Module. ISOLAR EXCHANGE may change its Fees and Credits policy and the fees for our services at any time, and they become effective on the date of posting to the site. ISOLAR EXCHANGE may, in our sole discretion, change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are stated in US dollars. You are responsible for paying all fees associated with using our service and our web site and all applicable taxes.

NOTE: Auction Transaction Fees pay for the right to buy a product on ISOLAR EXCHANGE in the Forward Auction Module.

Transactions Fees: Buyer agrees to pay an Auction Service Fee on any transaction on ISOLAR EXCHANGE OLAR ends with the seller awarding the auction to a winner. This includes, reserve price events, buy now purchases and high bid awards in either the Forward or Dutch auctions available in the Forward Auction module. The Service Fee is due and payable at the time Buyer's auction closes. ISOLAR EXCHANGE cannot guarantee the transaction will be completed. Auction Service Fees to the Buyer are based on the final selling price.

  1. $ 00.01 to $ 100,000.00 the service fee is 1.0% of the final selling price.
  2. $ 100,000.01 to $ 999,999,999.00 the service fee is 0.75% of the final selling.

The Buyer's Auction Transaction Fee is due at the end of the Auction. Buyer will be notified by E-mail your Auction is over and is the successful bidder. Buyer will to go to their "Control Box" and process the Transaction Fee. Once the buyer has completed the Transaction Fee payment the computer will award the auction to the winning buyer. Both buyer and seller will then receive each other's contact information via e-mail.

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"Fees for Additional Listing Options"

When you list your Auction, you can choose several optional seller features to promote your listing and get more bids! These are not requires to list an Auction. Please note that these options have non-refundable fees.

  1. The Picture Gallery lists 5-photos instead of one photo: $ 25.00
  2. The Spot Light Feature on Front Page: $ $25.00
  3. The Main Home Page Listing: $ 25.00
  4. Category Feature Listing: $ 15.00
  5. Buy Now Set Up Fee $ 25.00
  6. Name Your Own Price Setup Fee $ 25.00

These services can be added to the auction listing and the fee's is paid via PayPal as Seller creates the Auction listing.

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ISOLAR EXCHANGE Forward Auction Disclaimers and Conditions

  1. ISOLAR EXCHANGE, Ltd, known also as ISOLAR EXCHANGE is a corporation registered under the laws of the State of California. The commitments and responsibilities are set forth elsewhere in this web site and are included by reference here, as an integral part of this Agreement.
  2. In case of dispute between USERS (BUYERS and SELLERS), both parties by this agreement are deemed to have designated ISOLAR EXCHANGE as the sole arbiter, to serve without right of recourse ISOLAR EXCHANGE, with costs for arbitration to be borne by the disputants.
  3. ISOLAR EXCHANGE accepts no responsibility for errors in specifications, pictures or illustrations, typographical or photographic errors, processing delays or functioning of Web site's software or hardware.
  4. ISOLAR EXCHANGE hereby disclaims all warranties with regard to the hardware and software that is the basis for this web site, including all implied warranties, fitness for a particular purpose, and incidental or consequential damages, in view of the novelty of auction and purchase activities on the Internet and the dependency of such operations on myriad parties and functions.
  5. The information, software, products, and services published on this web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ISOLAR EXCHANGE may make changes, improvements Internet web site at any time.
  6. ISOLAR EXCHANGE reserves the right to withdraw, cancel, extend or shorten auction closing times, change quantities, or bid parameters in any auction.
  7. ISOLAR EXCHANGE also reserves the right to void bids that it reasonably believes were not made in good faith.
  8. ISOLAR EXCHANGE will not be responsible for errors in the functionality of the auction process, technical difficulties with the functionality of the Internet web site or for email transmission times.
  9. ISOLAR EXCHANGE is not an agent, representative, or in privacy with any of its suppliers, unless specifically set forth with respect to a particular offering, and accordingly has no responsibility for supplier/manufacturer warranties.
  10. ISOLAR EXCHANGE will not be responsible for products that are unexpectedly not available or withdrawn by the seller.
  11. All auction items are offered for a limited time. The identified SELLERS retain the ownership and title to goods until the purchaser pays for goods.
  12. If goods are being purchased for export, purchaser is responsible for the necessary export documentation before shipment is made to a foreign country.
  13. ISOLAR EXCHANGE gives notice, without right of recourse, which warranties for exported goods may vary or be null and void.
  14. All transactions will be settled in US dollars.
  15. All items offered for sale through ISOLAR EXCHANGE and for its suppliers are sold as is and are explicitly NON-RETURNABLE.
  16. In no event shall ISOLAR EXCHANGE be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this Internet web site, or for any information, software, products, and services obtained through this Internet web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if ISOLAR EXCHANGE and/or any of its suppliers has been advised of the possibility of damages.
  17. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages by a seller, the above limitation may not apply to you as applies to sellers. Notwithstanding, ISOLAR EXCHANGE will take the position that such limitations still would not apply to ISOLAR EXCHANGE , in its role as a conduit for information and material flow between buyer and The USER agrees to be responsible for any sales or use tax associated with the product unless explicitly collected at the time of sale. However, ISOLAR EXCHANGE reserves the right to collect any sales or use tax, after the fact, without notice, should it be deemed necessary.
  18. DISPUTES BETWEEN USERS; RELEASE OF THE COMPANY: You will not hold the ISOLAR EXCHANGE responsible for any user's actions or inactions relating to the purchase and sale of items listed on any of the ISOLAR EXCHANGE Websites. If you have a dispute with one or more users, you release ISOLAR EXCHANGE LTD, its subsidiaries and affiliates, and their respective officers, directors, agents, employees and third party suppliers, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including without limitation those claims, demands and damages based in whole or in part upon the Company's negligence, gross negligence, statutory liability or strict liability, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
  19. LIMITATION OF LIABILITY BETWEEN BUYER AND SELLER FOR ANY TRANSACTION BETWEEN BUYER AND SELLER ON ANY ISOLAR EXCHANGE WEBSITE, BUYER AND SELLER AGREE AS FOLLOWS: (a) ALL ITEMS LISTED ON THE ISOLAR EXCHANGE WEBSITES ARE SOLD "AS IS, WHERE IS" WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS OTHERWISE EXPRESSLY SET FORTH IN THE TERMS OF SALE FOR SUCH ITEM AND LABELED AS A "WARRANTY". (b) IN NO EVENT SHALL BUYER OR SELLER BE LIABLE TO EACH OTHER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY LOST REVENUE OR ANTICIPATED PROFITS, ARISING OUT OF OR IN CONNECTION WITH SUCH TRANSACTION. (c) IN NO EVENT SHALL THE LIABILITY OF SELLER TO BUYER, OR BUYER TO SELLER, FOR ANY SUCH TRANSACTION EXCEED THE PURCHASE PRICE OF THE PURCHASED ITEMS AND, IF THE PURCHASED ITEMS HAVE ALREADY BEEN RELEASED TO BUYER, THE REASONABLE LOGISTICS COSTS INCURRED BY BUYER FOR THE TRANSPORTATION AND STORAGE OF THE PURCHASED ITEMS. A PARTY TO A TRANSACTION THROUGH ANY OF THE ISOLAR EXCHANGE WEBSITES MAY ENFORCE THIS SECTION 3 AGAINST THE OTHER PARTY AS IF IT HAD BEEN AGREED DIRECTLY BETWEEN THE PARTIES THEMSELVES.

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ISOLAR EXCHANGE Forward Auction Jurisdiction, Venue, and Choice of Law

  1. The laws of the State of California govern this Agreement.
  2. USER consents to the exclusive jurisdiction and venue of courts in San Jose, CA U.S.A. in all disputes arising out of or relating to the use of this Internet web site.
  3. Use of this Internet web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. ISOLAR EXCHANGE's performance of this Agreement is subject to existing laws and legal process in the State of California and nothing contained in this Agreement is in derogation of ISOLAR EXCHANGE
  4. Its right to comply with law enforcement requests or requirements relating to the User's use of this Internet web site or information provided to or gathered by ISOLAR EXCHANGE with respect to such use.
  5. 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.
  6. This Agreement constitutes the agreement between the USER and ISOLAR EXCHANGE with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the USER and ISOLAR EXCHANGE with respect to this Internet web site. A printed version of this Agreement and of any notice given in electronic form will 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.
  7. Any rights not expressly granted herein are reserved. Copyright and Trademark Notices 2011.
  8. All contents of this web site are the property of ISOLAR EXCHANGE, LTD.

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Section: RFP / Procurement

ISOLAR EXCHANGE Procurement Transaction Rules

ISOLAR EXCHANGE Procurement Buyer agrees to the following Transaction Rules

  1. By publishing a "Request for Purchase" (RFP) on this site, buyer is stating that they have a real project and they are ready to make a purchase, and are not using the site to shop for pricing on a future project or to leverage existing suppliers.
  2. Buyer can cancel a project prior the bid starting time without advance notification.
  3. By submitting a "Request for Purchase" (RFP), a buyer agrees they are entering into a legal binding contract to complete the transaction with the Seller if the Seller is the winning bidder and meets buyer's published RFP documents, specifications and terms & conditions.
  4. If Buyer determines a sellers does not meet the RFP posted specifications and requirements, buyer may request via e-mail to ISOLAR EXCHANGE the RFP be awarded to next lowest qualified seller.
  5. To be liable for all Sales and Use Tax and /or provide Seller a Certificate of Exemption.
  6. To remit full payment for the RFP in the amount of the RFP closing price, Sales Tax (where applicable) and registration fees as specified under the terms & conditions in the "Request for Purchase" to the Seller.
  7. Buyers may post RFP's that are directed to one or more potential Sellers. Buyer has the option to keep it's RFP's confidential to itself, and a pre-approved list of Sellers. Buyer can block suppliers from bidding on a public listed project by using the Buyer's "Black List".
  8. Buyers can post an unlimited number of RFP's and understands the low bidder will be automatically selected as the winning bidder. Buyers, however, are solely responsible for their ability to meet all financial commitments made pursuant to any purchase orders with suppliers.
  9. Buyers will respond to posted questions raised by Sellers in the forum located in each RFP home page as they prepare appropriate bid responses to the RFP.
  10. Buyers can modify and change the RFP start time and closing time, prior to the original bidding start time.
  11. If Buyer has requested pricing and received pricing from other sellers prior to publishing an RFP, Buyer agrees to notify and invite those suppliers so they have an opportunity to submit a bid on the published "Request for Purchase".
  12. To agree not to manipulate the price of any products or services offered on the ISOLAR EXCHANGE, either through the use of shills, alias or decoys, or by acting as a seller in respect of such purposed sale
  13. Buyer agrees not to bypass the online procurement service and negotiate a listed RFP outside the site with Seller once a RFP is published on site.

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ISOLAR EXCHANGE Procurement Seller agrees to the Following Transaction Rules

  1. There is no requirement that a Seller respond to any RFP, even an RFP that is directed specifically to their company.
  2. Sellers are solely responsible for validating the Buyer's credit worthiness and buying authority based on their own criteria prior to bidding.
  3. Sellers may respond to any RFP they can view and are invited too on the Site, unless black Listed by the buyer. It is the Seller's responsibility to determine if Seller can produce the product or provide the service that is required by the buyer.
  4. Seller understands and agrees that any bid they submit to the buyer is solely based on the buyer's published RFP specifications, drawings, contract documents, and terms & conditions. There will be no substitution, or value engineering, or modification of terms and Seller is required to provide the products or services specified for the bid amount submitted. Seller understands the RFP will be awarded to the lowest bidder. Buyer may award the RFP to the next lowest qualified bidder if the low bidder does not meet all the buyers published requirements in the RFP.
  5. To provide all lien information necessary to clear title to Buyer.
  6. To provide all title transfer documentation and information for Buyer to register equipment or vehicles.
  7. To transfer any warranties when applicable.
  8. To pay all Auction Transaction fees according to ISOLAR EXCHANGE Transaction Fee schedules.
  9. To accept final payment equal to the auction closing price.
  10. To provide a Bid Bond via fax if one is required, and a payment and performance bond if required by the buyer and the bonding requirements are in the published RFP.
  11. To agree not to manipulate the price of any products or services offered on the ISOLARExchange.com, either through the use of shills, alias or decoys, or by acting as a seller in respect of such purposed sale
  12. To agree not to bypass the auction service and negotiate a listed auction outside the site with Buyer.

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ISOLAR EXCHANGE Procurement General Terms and Conditions

  1. Acceptance. Your access and/or use of the ISOLAR EXCHANGE site signifies that you have agreed to be bound by these general terms, the Privacy policy, and, in the event you utilize any services, the applicable transaction Terms and Conditions and the Fee Schedules. If you do not agree with these terms contained in any of the foregoing, you should immediately cease use of the site and the services.
  2. Access (User Name & Password).You agree that you will be solely responsible for the use and protection of your username and password and you agree to take all reasonable precautions to protect the security and integrity and to prevent unauthorized use thereof. You agree to be responsible for all bids and offers made during auctions that utilize your username and password and also be responsible for any other person who uses your username and/or password unless the person other than yourself who uses the username and/or password has obtained such information solely as a result of wrongful behavior. If you become aware of any unauthorized access or use of the services with your username or password, you will immediately notify ISOLAR EXCHANGE (admin@eSolarExchange.com ). You acknowledge and accept that ISOLAR EXCHANGE shall not be liable for any negotiations, orders or other uses of your username and password.
  3. Your Information. Users are solely responsible for information they post on the site. ISOLAR EXCHANGE does not investigate, confirm or endorse any information posted on the site by you or third parties. You agree that ISOLAR EXCHANGE has no obligation to monitor the content on the site, the exchange or links from our site to other web sites, and expressly disclaims any responsibility of ISOLAR EXCHANGE to filter any such content. However, ISOLAR EXCHANGE may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe such information may give rise to liability to us or other parties or interfere or impair our relationship with any member.
    1. Definition. Your Information is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information and can take no responsibility for accuracy or adequacy of such information. You agree to hold us harmless for any false or misleading information and misuse of information, or your reliance on the information of others.
  4. Restrictions. You agree that any information that you provide:
    1. shall not be false, inaccurate or misleading; you agree that any information that constitutes your accuracy or inadequacy for your [listing,] you agree to hold ISOLAR EXCHANGE harmless for any losses that you may suffer as a result of negligence. Furthermore, you agree to indemnify us against any losses that we may suffer as a result of any reliance of your information by others.
    2. shall not be fraudulent or involve the sale of counterfeit or stolen items
    3. shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    4. shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
    5. shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
    6. shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors; shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system data or personal information;
    7. will not advertise or offer to sell any goods or services, or engage in surveys, contests, and chain letters or for any commercial purpose
    8. shall not create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers; and user acknowledges that communications hosted by this Internet web site are public and not private communications. Further, the user acknowledges ISOLAR EXCHANGE does not endorse postings and other communications by other users, and such communications shall not be considered reviewed, screened, or approved by ISOLAR EXCHANGE
    9. shall not link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement, are identical to other products you have listed on our site, and are priced lower than your product's reserve or minimum bid amount. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us a fee or the final fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our Terms and Conditions.
    10. Offering in another listing the opportunity to purchase the item or other merchandise outside of ISOLAR EXCHANGE
    11. Listings with an e-mail address or a domain name.
    12. You agree not to identify and engage in negotiations with a counter party on the exchange and then agree on the terms of the same Transaction off the exchange or otherwise circumvent the payment of the ISOLAR EXCHANGE Transaction Fee. A seller who agrees on the terms of a transaction off the exchange is still obligated to pay ISOLAR EXCHANGE the applicable Transaction Fee for such transaction.
    13. Bidding and Selling. A Seller agrees and fully understands they are entering into a legal and binding contract with the Buyer when the Seller places a bid in ISOLAR EXCHANGE The Seller is obligated to complete the transaction with the buyer if the bid placed by the seller through one of procurement options and is the lowest bid as described beclouded in the item's or service description so long as those conditions of sale are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances. Buyer agree not to bid on their own auction through the use of shills, alias or decoys, or by acting as a seller in respect of such purposed sale
    14. Safe Trading. Because user authentication on the internet is difficult; ISOLAR EXCHANGE cannot and does not confirm each user's identity. Thus, we have established a user-initiated feedback system to help you evaluate those with whom you are dealing, at your own peril. We also encourage you to communicate directly with potential trading partners through the forums. You may also wish to consider using a third party escrow service or secure payment services such as PayPal that provide additional user verification.
    15. Release from Harm. Because ISOLAR EXCHANGE is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release ISOLAR EXCHANGE (and our officers, directors, agents, subsidiaries, employees, representatives and stockholders) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
    16. Access and interference. You agree that you will not copy our web pages, our concepts or any content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the ISOLAR EXCHANGE web site or any auction or transaction being conducted on our site. Users agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your information) from our web site without the prior expressed written permission of ISOLAR EXCHANGE
    17. Breach. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, if:
      1. You breach this Agreement,
      2. We are unable to verify or authenticate any information you provide to us, or
      3. We believe that your actions may cause legal liability for you, our users or us.
    18. Indemnity. Users agree to indemnify and hold us and, as applicable, our parents, affiliates, officers, directors, agents, employees, representatives and stockholders, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
    19. Legal Compliance. User shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
    20. No Agency. You and ISOLAR EXCHANGE are independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement

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ISOLAR EXCHANGE Procurement Membership & Eligibility

  1. User acknowledges that although the buyer will post RFP's to the marketplace and sellers will post inquiries to the exchange, ISOLAR EXCHANGE is merely a venue for buyers and sellers to agree upon the terms of transactions. ISOLAR EXCHANGE does not endorse the price, contract terms, quality, safety, conformance or legality of the products and services advertised or offered for sale, the ability of sellers to sell products or services or the ability of buyers to buy products or services. We cannot and do not control whether sellers will complete the sale of products or services they offer. We are not responsible with respect to payment or collection for orders made and bids placed on the site. Sellers determine in their sole discretion, which buyers are authorized to do business with them.
  2. ISOLAR EXCHANGE services are available only to users who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or definitely suspended ISOLAR EXCHANGE users. If you do not qualify, you may not use our services.
  3. ISOLAR EXCHANGE accounts (including feedback) and User ID may not be transferred or sold to another party.
  4. ISOLAR EXCHANGE may revoke a registration in our sole discretion and/or limit a member's use of the site and/or exchange at any time in our sole discretion.
  5. The specific terms and conditions of a member's purchase or sale of products or services (such as pricing, warranties from sellers, delivery, etc?) through the exchange are established between buyer or seller with which you do business on the site. The respective buyers have the option to add their own terms and conditions in their posting as long as it does not violate the terms & conditions of ISOLAR EXCHANGE.
  6. ISOLAR EXCHANGE acts as a venue for users to exchange news and information, to purchase products and services, to participate in auctions and other sales transactions and to establish an internet based marketplace for the solar and renewable energy industry. There are different types of ISOLAR EXCHANGE users:
  7. "Visitors" are able to review headlines to news and explore all of the news and content and general information about ISOLAR EXCHANGE
  8. "Registrants" are users that, after agreeing to the Terms and Conditions, are accepted by ISOLAR EXCHANGE becoming authorized buy and sell, are provided with a "Control Panel", to list RFP's and place bids to sell products and services and to monitor RFP's on the ISOLAR EXCHANGE web site.
  9. ISOLAR EXCHANGE may amend these Terms and Conditions at any time by posting the amended Terms and Conditions. The amended Terms and Conditions will be effective on the date indicated on the notice. We may also add, delete or modify some or all of our services at any time.

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ISOLAR EXCHANGE Procurement Membership Fees

The posting of a "Request for Purchase" for products, solar services, and "Bidding" is FREE in the Procurement Module. ISOLAR EXCHANGE may change its Fees and Credit policy and the fees for our services at any time, and they become effective on the date of posting to the site. ISOLAR EXCHANGE may, in our sole discretion, change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are stated in US dollars. You are responsible for paying all fees associated with using our service and our web site and all applicable taxes.

Note: Transaction Fees pay for the right to sell a product or service on ISOLAR EXCHANGE in the Procurement Module.

  1. Transactions Fees: Seller as the low RFP bidder agrees to pay a Transaction Fee on any closing transaction. The Procurement System automatically picks the low bidder of any Sealed Competitive Bid or Reverse Auction "the winner". The Transaction Fee is due and payable at the time the winning bidder is chosen whether or not the transaction is completed between Seller & Buyer. ISOLAR EXCHANGE cannot guarantee the transaction will be completed. In the event the Seller does not meet the buyer's published terms, specifications and requirements, the buyer can at their option award the RFP to a seller who does meet the published requirements.
  2. Seller whose bid is defaulted by the buyer due to not meeting the published specifications, and terms & conditions of the buyer will not be refunded the Transaction fee. It is the seller's responsibility to carefully review the specifications, contract documents, plans and details, and terms & condition to ensure the sellers products, services and terms meets the buyer's requirements.
  3. Seller understands no substitution or value engineering is permitted, and all bids are assumed to be per plans and specifications and contract documents.
  4. RFP Transaction Fees to the Seller are based on the final selling price.
  5. RFP Transaction Service fee is 1.0% of the low bid dollar amount.
  6. Seller's 'Transaction Fee' is due at the end of the RFP. Buyer will be notified by E-mail the RFP is over and there is a successful bidder. Seller after being notified via e-mail they have the low winning bid will follow the link in the e-mail to their "Control Panel " and click "Buyer's Contact Information. To access the buyers contact information you are required to pay the Transaction Fee via PayPal. Once you have completed your payment transaction the system will provide you with the contact information. Seller then can contact the buyer via e-mail.
  7. When you list your RFP, you can choose several optional Buyer features to promote your listing and get more bids! These are not requires to list an Auction.
  8. The Spot Light Feature on Front Page: $ 25.00
  9. The Main Home Page Listing: $ 25.00
  10. Category Feature Listing: $ 25.00

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ISOLAR EXCHANGE Procurement Disclaimers and Conditions

  1. ISOLAR EXCHANGE is an corporation registered under the laws of the State of California . The commitments and responsibilities are set forth elsewhere in this web site and are included by reference here, as an integral part of this Agreement.
  2. ISOLAR EXCHANGE hereby disclaims all warranties with regard to the hardware and software that is the basis for this web site, including all implied warranties, fitness for a particular purpose, and incidental or consequential damages, in view of the novelty of auction and purchase activities on the Internet and the dependency of such operations on myriad parties and functions.
  3. the information, software, products, and services published on this web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ISOLAR EXCHANGE may make changes, improvements Internet web site at any time.
  4. In case of dispute between USERS (BUYERS and SELLERS), both parties by this agreement are deemed to have designated ISOLAR EXCHANGE as the sole arbiter, to serve without right of recourse SOLARAUCTION.COM, with costs for arbitration to be borne by the disputants.
  5. ISOLAR EXCHANGE accepts no responsibility for errors in specifications, pictures or illustrations, typographical or photographic errors, processing delays or functioning of Web site's software or hardware.
  6. ISOLAR EXCHANGE reserves the right to withdraw, cancel, extend or shorten auction closing times, change quantities, or bid parameters in any auction.
  7. ISOLAR EXCHANGE also reserves the right to void bids that it reasonably believes were not made in good faith. ISOLAR EXCHANGE will not be responsible for errors in the functionality of the auction process, technical difficulties with the functionality of the Internet web site or for email transmission times. ISOLAR EXCHANGE is not an agent, representative, or in privacy with any of its suppliers, unless specifically set forth with respect to a particular offering, and accordingly has no responsibility for supplier/manufacturer warranties.
  8. ISOLAR EXCHANGE will not be responsible for products that are unexpectedly not available or withdrawn by the seller.
  9. All auction items are offered for a limited time. The identified SELLERS retain the ownership and title to goods until the purchaser pays for goods.
  10. If goods are being purchased for export, purchaser is responsible for the necessary export documentation before shipment is made to a foreign country.
  11. ISOLAR EXCHANGE gives notice, without right of recourse, which warranties for exported goods may vary or be null and void.
  12. All transactions will be settled in US dollars.
  13. In no event shall ISOLAR EXCHANGE be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this Internet web site, or for any information, software, products, and services obtained through this Internet web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if ISOLAR EXCHANGE and/or any of its suppliers has been advised of the possibility of damages.
  14. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages by a seller, the above limitation may not apply to you as applies to sellers. Notwithstanding, ISOLAR EXCHANGE will take the position that such limitations still would not apply to SOLARAUCTION.COM, in its role as a conduit for information and material flow between buyer and seller.
  15. All items offered for sale through ISOLAR EXCHANGE and for its suppliers are sold as is and are explicitly NON-RETURNABLE.
  16. The USER agrees to be responsible for any sales or use tax associated with the product unless explicitly collected at the time of sale. However, ISOLAR EXCHANGE reserves the right to collect any sales or use tax, after the fact, without notice, should it be deemed necessary.

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ISOLAR EXCHANGE Procurement Jurisdiction, Venue, and Choice of Law

  1. The laws of the State of California govern this Agreement.
  2. USER consents to the exclusive jurisdiction and venue of courts in San Jose CA , U.S.A. in all disputes arising out of or relating to the use of this Internet web site.
  3. Use of this Internet web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
  4. ISOLAR EXCHANGE performance of this Agreement is subject to existing laws and legal process in the State of Florida and nothing contained in this Agreement is in derogation of ISOLAR EXCHANGE right to comply with law enforcement requests or requirements relating to the User's use of this Internet web site or information provided to or gathered by ISOLAR EXCHANGE with respect to such use.
  5. 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.
  6. This Agreement constitutes the agreement between the USER and ISOLAR EXCHANGE with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the USER and ISOLAR EXCHANGE with respect to this Internet web site. A printed version of this Agreement and of any notice given in electronic form will 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.
  7. Any rights not expressly granted herein are reserved. Copyright and Trademark Notices 2011-2013
  8. All contents of this web site are the property of ISOLAR EXCHANGE LTD.

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Section: Classifieds

ISOLAR EXCHANGE Classified ADS Terms of Use

Welcome to the Classified Ads Portal, a service of ISOLAR EXCHANGE. By using this web site, you accept the terms of this User Agreement. Please read this agreement carefully.

General Provisions ISOLAR EXCHANGE may change the terms of this agreement from time to time. By continuing to use this web site and following our posting of such changes, you agree to be bound by this agreement, as modified.

ISOLAR EXCHANGE may change, restrict access to, suspend, or discontinue this web site, or any portion of this web site, at any time. This user agreement is for the Classified Ads Portal, please read the terms and agreements of the other ISOLAR EXCHANGE portals prior to registering on them. The material that appears on ISOLAR EXCHANGE Classified Ads is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time.

Before purchasing goods or services you've read about on ISOLAR EXCHANGE you should confirm with the vendor any information (including the price) that is important to your purchasing decision. ISOLAR EXCHANGE is not responsible for, and does not guarantee the performance of, any such goods or services.

Buying and Selling Vehicles or Merchandise ISOLAR EXCHANGE Classified Ad is a service that brings together buyers and sellers of solar equipment, solar tools, solar materials and a wide range of other items who do not want to use the auction services of the other portals. Information about a particular item is supplied by the seller and not by ISOLAR EXCHANGE.

The price and other terms of any sale are based on direct negotiations between the buyer and the seller. The prices listed by sellers on ISOLAR EXCHANGE often can exclude sales tax, title, license, regulatory, dealer documentary, emission testing, compliance fees, and other related charges, any or all of which may add to the cost of the listed item before arriving at a final sale price of a particular item.

ISOLAR EXCHANGE cannot verify the information seller's supply or guarantee the item they offer. Nor can we assure the seller of an item that the check he/she gets from the buyer is valid. When using this web site to sell an item, we urge you to use the same common sense and good judgment you would use in selling in a classified ad in the newspaper.

When you offer to sell an item on ISOLAR EXCHANGE you must be prepared to sell that item at the price at which, and the terms on which, you've listed it. You must have the ability to transfer title or ownership.

To list an item for sale on ISOLAR EXCHANGE sellers are required to provide contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller.

You may not use our web site to promote, without our prior written permission, any other web site, product or service. ISOLAR EXCHANGE reserves the right to deny use of this web site to anyone who does not comply with these requirements or who otherwise uses our web site in a manner we consider inappropriate. Responsibility for the information contained in listings lies with each seller. You alone are responsible for material you post on ISOLAR EXCHANGE.

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Although ISOLAR EXCHANGE cannot monitor all the listings posted to our web site, we reserve the right (but assume no obligation) to delete, move, or edit any listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

By using ISOLAR EXCHANGE Classified Ads you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others.

ISOLAR EXCHANGE retains the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to ISOLAR EXCHANGE.

By submitting a listing on our Classed Ad Portal, you agree to pay the fees specified for the listing package you select, regardless of whether your item sells as a result of the listing. Take care in selecting your listing and inputting your listing information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your or item.

Ownership and Permissions ISOLAR EXCHANGE Classified Ads is made available for your personal, non-commercial use only. The materials on this site are the property of ISOLAR EXCHANGE or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site.

You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from ISOLAR EXCHANGE Requests for permission to reproduce or distribute materials found on ISOLAR EXCHANGE should be sent to admin@ISOLAREXCHANGE.com.

You cannot establish any hypertext links to this site without the prior written permission of ISOLAR EXCHANGE You will not use ISOLAR EXCHANGE to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to ISOLAR EXCHANGE you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner.

By submitting material to ISOLAR EXCHANGE you are permanently granting ISOLAR EXCHANGE all rights to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive. 6. Disclaimer of Warranties and Limitation of Liability.

ISOLAR EXCHANGE hereby disclaims all warranties with regard to the hardware and software that is the basis for this web site, including all implied warranties, fitness for a particular purpose, and incidental or consequential damages, in view of the novelty of auction and purchase activities on the Internet and the dependency of such operations on myriad parties and functions.

The information, software, products, and services published on this web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. ISOLAR EXCHANGE may make changes, improvements Internet web site at any time.

ISOLAR EXCHANGE makes no representations about the suitability of the information, software, products, and services contained on this web site for any purpose, All such information, software, products, and services are provided "as is" without warranty of any kind. The general rule that all purchases and auction sales are as is, applies.

ISOLAR EXCHANGE is not an agent, representative, or in privacy with any of its suppliers, unless specifically set forth with respect to a particular offering, and accordingly has no responsibility for supplier/manufacturer warranties.

ISOLAR EXCHANGE hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchant-ability, fitness for a particular purpose, title and non-infringement.

In no event shall ISOLAR EXCHANGE be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this web site or with the delay or inability to use this Internet web site, or for any information, software, products, and services obtained through this Internet web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if ISOLAR EXCHANGE and/or any of its suppliers has been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages by a seller, the above limitation may not apply to you as applies to sellers. Notwithstanding, ISOLAR EXCHANGE will take the position that such limitations still would not apply to ISOLAR EXCHANGE in its role as a conduit for information and material flow between buyer and seller

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REGISTERATION

User acknowledges that although the seller will post products or services to the exchange and buyers will post inquiries to the exchange, ISOLAR EXCHANGE is merely a venue for buyers and sellers to agree upon the terms of transactions. ISOLAR EXCHANGE does not endorse the price, contract terms, quality, safety, conformance or legality of the products and services advertised or offered for sale, the ability of sellers to sell products or services or the ability of buyers to buy products or services. We cannot and do not control whether sellers will complete the sale of products or services they offer. We are not responsible with respect to payment or collection between buyer & seller in the Classified Ads.

ISOLAR EXCHANGE services are available only to users who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors or to temporarily or definitely suspended ISOLAR EXCHANGE users. If you do not qualify, you may not use our services.

ISOLAR EXCHANGE accounts (including feedback) and User ID may not be transferred or sold to another party.

ISOLAR EXCHANGE may revoke a registration in our sole discretion and/or limit a member's use of the site and/or exchange at any time in our sole discretion.

The specific terms and conditions of a member's purchase or sale of products or services (such as pricing, warranties from sellers, delivery, etc) through the exchange are established between buyer and seller with which you do business on the site. The respective parties have the option to add their own terms and conditions in their posting as long as it does not violate the terms & conditions of ISOLAR EXCHANGE.

ISOLAR EXCHANGE acts as a venue for users to exchange news and information, to purchase products and services, to participate in auctions and other sales transactions and to establish an internet based marketplace for the solar and renewable energy industry. There are different types of ISOLAR EXCHANGE users:

"Visitors" are able to review headlines to news and explore all of the news and content and general information about ISOLAR EXCHANGE.

"Registrants" are users that, after agreeing to the Terms and Conditions, are accepted by ISOLAR EXCHANGE becoming authorized to post an Ad Web site.

ISOLAR EXCHANGE may amend these Terms and Conditions at any time by posting the amended Terms and Conditions. The amended Terms and Conditions will be effective on the date indicated on the notice. We may also add, delete or modify some or all of our services at any time.

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TRANSACTION FEE's AND POSTING FEES CLASSIFIED ADS

When you create a new Classified Ad, the basic Classified AD cost is "Free" and you can upload one (1) photo or graphic for FREE.

To increase your ads visibility you can check off the following "Paid Options" when you create your Classified Ads.

Home Page Featured Item: Your item will randomly appear in the home page. Cost: $ 10.00 USD.

Category Featured Item: Your item will randomly appear in the relative category page. Cost: $ 10.00 USD

Bold Item: Your item's title will always appear in bold Cost: $ 10.00 USD

Highlighted Item: Your item will always appear with a highlighted background. Cost: 5.00 USD

These options are not required to post a Classified Ad.

Submit Ad, and pay Classified Service Paid Option Fee via PayPal. This is a secured transaction, we do not ask for any credit card information. All service fee transactions are handled via PayPal using your own personal or business account.

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Jurisdiction, Venue, and Choice of Law

The laws of the State of California govern this Agreement.

USER consents to the exclusive jurisdiction and venue of courts in San Jose CA, U.S.A. in all disputes arising out of or relating to the use of this Internet web site.

Use of this Internet web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

ISOLAR EXCHANGE performance of this Agreement is subject to existing laws and legal process in the State of California and nothing contained in this Agreement is in derogation of ISOLAR EXCHANGE right to comply with law enforcement requests or requirements relating to the User's use of this Internet web site or information provided to or gathered by ISOLAR EXCHANGE with respect to such use.

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.

This Agreement constitutes the agreement between the USER and ISOLAR EXCHANGE with respect to this web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the USER and ISOLAR EXCHANGE with respect to this Internet web site. A printed version of this Agreement and of any notice given in electronic form will 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.

Any rights not expressly granted herein are reserved. Copyright and Trademark Notices 2011-2012.

All contents of this web site are the property of ISOLAR EXCHANGE LTD

BY USING THIS SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS VISITOR AGREEMENT.

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