TERMS OF USE
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TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to the NY Solar Map website at www.nysolarmap.com and www.nysolarmap.org (the “Site”). By using this Site in any way, you agree to these Terms of Use. The term “you” as used in these Terms of Use, whether capitalized or not, refers to the individual or legal entity using this Site, including solar system installers and contractors listed on or contacted through this Site (“Installers”).

The CUNY Policy on Acceptable Use of Computer Resources (http://www.cuny.edu/about/administration/offices/CIS/policies/ComputerUsePolicy.pdf ) is incorporated into these Terms of Use by reference and you should read them before using this Site.

The City University of New York (“CUNY” or “we”) reserves the right to change these Terms of Use at any time. You are responsible for regularly reviewing these Terms of Use and your use of the Site following any change constitutes your acceptance of such change.

APPROVED USE: CUNY hereby grants you a nonexclusive, nontransferable license to access and use the Site solely for personal, or non-commercial educational or research purposes, in accordance with these Terms of Use. Use of the Site for commercial purposes (other than to obtain information about and contact Installers in your area) including without limitation use in furtherance of research and development activities performed for a commercial entity, or use for any purpose or in any manner that violates CUNY rules, regulations or policies, or federal, state or local law, is strictly prohibited. If you use the Site for research, you agree to acknowledge the contribution of the Site and CUNY in any publication relating to the research. Please indicate that the NY Solar Map is "© The City University of New York. All rights reserved."

SOLAR SYSTEM INFORMATION UPLOAD: You may upload information about your existing solar PV or solar thermal system onto the Site by filling out the NY Smart Solar Registry form available on the Site. By uploading data onto the Site you grant to CUNY the irrevocable, perpetual, world-wide right to copy, publish, distribute, modify, creative derivative works of, and otherwise use such data, in any medium, now or hereafter known, without compensation to you.  This includes, without limitation, the right, but not the obligation, to incorporate any data you upload to the Site into the NY Solar Map database. USE OF THE SITE AND THE DATA UPLOAD FUNCTION IS AT YOUR OWN RISK. While we will take reasonable precautions to ensure that the Site is secure, we cannot and do not guarantee that your data will be protected from exposure, access, or hijack by an unauthorized third-party during the loading process or while your uploaded data reside in the NY Solar Map database. Any loss, exposure, or damage of data is strictly at your own risk.

INTELLECTUAL PROPERTY AND OWNERSHIP: We assert no claim of copyright in, or other ownership rights to, individual data items you may upload to the Site. Except as specifically set forth in the previous sentence, the content of the Site, including without limitation, text, graphics, images, software that permits the access and use of the Site, the selection and arrangement of material on the Site, trademarks, service marks, trade names, and any other intellectual property related to the Site or CUNY (collectively, “Content”) is protected by intellectual property laws, including copyright laws, and is the property of CUNY or licensed by CUNY. Except for Approved Uses, you are prohibited from copying, publishing, distributing, modifying, creating derivative works of, or otherwise using any Content without the express written consent of an authorized representative of CUNY.

The City University of New York, CUNY®, the names of CUNY colleges and schools and all related trade names and trademarks, the NY Solar Map logo, NYSOLAR SMART®, and NYSOLAR SMART SOLARIZE® (“CUNY Marks”) are the property of CUNY. You may not use any CUNY Mark in any advertisement, publicity or in any other commercial manner without CUNY’s prior written consent. Other trademarks, service marks, and trade names used on this Site are the property of their respective owners. References on the Site to any third party trade name, trademark, service mark, product, service or process, including without limitation those of an Installer, do not constitute or imply CUNY’s endorsement, sponsorship or recommendation of such third party trade name, trademark, service mark, product, service or process, unless otherwise explicitly provided.

DISCLAIMER: The information shared through this Site is not a substitute to speaking with local jurisdictions about their permitting requirements and process. This Site is a resource, guide, and evaluation tool, based on interviews, information models, and simulation methodologies, and results may be unavailable or inaccurate due to issues including, but not limited to, outdated datasets, incomplete or corrupted databases, and incomplete or corrupted GIS layers. Information on this Site regarding the activity of solar installations comes from New York State’s Open NY website (https://data.ny.gov/Energy-Environment/Solar-Photovoltaic-PV-Incentive-Program-Completed-/3pzs-2zsk). ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THROUGH THIS SITE IS PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING WITHOUT LIMITATION WARRANTIES (i) OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, (ii) THAT THE SITE CONTENT IS ACCURATE, COMPLETE, APPROPRIATE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR (iii) THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES.

INSTALLER CONTACTS AND ARRANGEMENTS: You have the opportunity to contact Installers and order or receive goods and services through links on the Site or by contacting Installers directly. The database of Installers included on the Site comes from New York State’s NY-Sun Initiative website (http://ny-sun.ny.gov/Get-Solar/Find-A-Solar-Electric-Installer). Installers are not required to be licensed as solar system contractors or installers by New York State. It is your responsibility to verify that Installers you contact have necessary and appropriate credentials for your location and project.

All goods and services are provided by Installers pursuant to agreements, licenses or other arrangements between that Installer and you. All aspects of your transactions regarding goods and services with Installers, including, but not limited to, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Installer. Your rights and remedies with respect to such transactions shall be solely against the applicable Installer and any questions, complaints or claims related to any goods or services should be directed to that Installer.

LIMITATION OF LIABILITY: YOU HEREBY AGREE NOT TO HOLD CUNY, NEW YORK STATE, THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE, OR DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH: ANY FAILURE OF PERFORMANCE; ERRORS; INACCURACIES; OMISSIONS; DEFECTS; UNTIMELINESS; INTERRUPTION; DELETION; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF CONTENT; UNAUTHENTICITY OF ANY CONTENT IN THE SITE; ANY GOODS OR SERVICES ORDERED AS A RESULT OF CONTACTS MADE THROUGH THE SITE OR THAT WERE OTHERWISE PROVIDED BY AN INSTALLER OR SOMEONE AFFILIATED WITH THE SITE, OR FOR ANY ACTION OR INACTION OF ANY INSTALLER, OTHER USERS OF THE SITE OR OTHER THIRD PARTIES; OR OTHER SIMILAR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR SITE, EVEN IF CUNY, NEW YORK STATE, AND/OR ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND/OR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION: You agree to indemnify, defend and hold harmless, CUNY, New York State, their affiliates, and their respective officers, directors, employees, agents, and representatives from and against all claims, losses, expenses, liabilities, damages, and costs (including attorneys’ fees) arising out of or relating to your (a) use of the Site, (b) violation of any third party right, or (c) breach of any of these Terms of Use. CUNY reserves the right to assume, at its own expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CUNY in asserting any available defenses. In any event, you agree not to settle any such matter without the prior written consent from CUNY.

JURISDICTION: These Terms of Use and all matters or issues collateral thereto shall be governed by, and construed in accordance with, the laws of the State of New York, applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York.

PRIVACY: The Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”) and other web analytics tools. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Site analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on Site activity for Site operators and providing other services relating to Site activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Site. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

TERMINATION OF ACCESS OR SERVICE: We have the right (though not the obligation) in our sole discretion to block your email or IP address, or otherwise terminate your access to or use of the Site (or any part thereof), at any time and without notice, if you violate these Terms of Use.

We reserve the right to modify, suspend or discontinue the Site, with or without notice, at any time and without any liability to Site users.

 

Last updated: January 28, 2106