Marketing Terms and Conditions
Last Updated: January 22, 2021 [Original Effective Date: July 24, 2018]
By “Opting In” (as such term is defined below), you accept these Terms and Conditions and agree to resolve disputes with Pink Energy through binding arbitration (and with very limited exceptions, not in court), and you waive any right to participate in class actions, all as detailed in the “Disputes” sections below.
- “Emails” means one or more email(s) to your email address for any purpose, including informational, transactional, marketing, promotional or sales purposes.
- “Opting In”, “Opt In” and “Opt-In” (or similar words or phrases) refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more recurring text messages (and participation in a Text Message Service), Outbound Telephone Calls and Emails.
- “Pink Energy” means Power Home Solar LLC d/b/a Pink Energy, and its respective subsidiaries and affiliates.
- “Outbound Telephone Calls” means one or more telephone calls to your telephone number (including, if provided, your wireless phone number) by Pink Energy to induce the purchase of goods or services.
- “Services” means, collectively, Emails, Outbound Telephone Calls and the Text Message Service.
- “Text Message Service” means any arrangement or situation in which Pink Energy sends (or indicates it may send, or receives a request that it send) one or more text messages (including recurring text messages).
By Opting In to any Text Message Service:
- You authorize Pink Energy to use auto-dialer or non-auto-dialer technology to send text messages to the mobile phone number provided by you with your Opt In. You also authorize Pink Energy to include marketing content in any such messages.
- You are signing your Opt In to the Text Message Service.
- You confirm you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
- Supported carriers include: AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, Cellsouth, Cricket, Cincinnati Bell and Virgin Mobile. Pink Energy and the mobile carriers (including, T-Mobile®) are not liable for delayed or undelivered messages. Please note, however, that the supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers.
By Opting In to receive Outbound Telephone Calls:
- You authorize Pink Energy to use auto-dialers and/or general telemarketing practices to call the telephone number (including, if provided, your wireless phone number) provided by you with your Opt In. You also authorize Pink Energy to call you regarding transactional, informational, marketing, promotional or sales related matters.
- You are signing your Opt In to receive Outbound Telephone Calls.
- You confirm you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
By Opting In to receive Emails:
- You authorize Pink Energy to generate, whether automatically, manually, individually, or as part of a mass email campaign, and send Emails to your email address provided by you with your Opt In (i.e., the email address listed on the Opt In form or instructions, or, if none, the email address from which you send the Opt In, or if none, the email address on file for the account associated with your Opt In). You also authorize Pink Energy to send marketing, promotional and sale related Emails.
- You are signing your Opt In to receive Emails.
- You confirm you are the owner of the email account and address or that you are the customary and authorized user of such email account and address.
Opting In to any of the Services is not a condition to the purchase of any products or services. Further, in connection with all Services, you consent to the use of an electronic record to document your Opt In. To withdraw that consent, request a free paper or email of the Opt In, or to update our records with your contact information, please call 1-800-SOLAR-15. To view and retain an electronic copy of these Terms and Conditions, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of any of the Services.
About the Services and Opting Out
- Emails – Pink Energy reserves the right to terminate Emails at any time with or without notice, but in any event these Terms and Conditions will still apply. To opt out of or unsubscribe to Emails, please click the “unsubscribe” link (or similar link, such as “Click Here”) on the bottom of an Email to unsubscribe to Emails. Your request to opt out of or unsubscribe to Emails may generate either a confirmation or a request to clarify the Emails to which your request may apply (if you are receiving more than one type of Email). To complete your request, please provide the requested clarification. In certain instances, you will not be able to opt out of or unsubscribe from transactional related Emails.
- Outbound Telephone Calls – Pink Energy reserves the right to terminate Outbound Telephone Calls at any time with or without notice, but in any event these Terms and Conditions will still apply. To opt out of or revoke your consent to receiving Outbound Telephone Calls, please call 1-800-SOLAR-15, or, if you are on the telephone with a Pink Energy representative, please notify the Pink Energy representative that you wish to opt out or revoke your consent.
- Text Message Service – Pink Energy reserves the right to terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but in any event these Terms and Conditions will still apply. Message and data rates apply. Unless otherwise noted, the Text Message Service sends automated multiple, recurring messages. For any Text Message Service, you can get help by texting HELP in response to a text, and you can opt out by texting STOP in response to a text. Your opt out request may generate either a confirmation text or a text request to clarify the Text Message Service to which it applies (if you have more than one). To compete your opt out, please provide the requested clarification.
Any dispute or claim arising out of or relating in any way to the Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE ANY DISPUTES OR CLAIMS. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY. ALTHOUGH REVIEW IS LIMITED, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS WOULD BE AVAILABLE IN COURT, AND MUST ENFORCE THE SAME LIMITATIONS STATED IN THESE TERMS AND CONDITIONS AS A COURT WOULD.
To begin an arbitration proceeding, you must send a demand to the American Arbitration Association (AAA) describing your claim and serve a copy of the demand on us at Pink Energy Attn: Legal Department, 919 N. Main St., Mooresville, NC 28115. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and the form for filing an arbitration claim are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those AAA fees (but not any attorney’s fees) for claims totaling less than $10,000 unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed upon location.
We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable under applicable law. This means that any claim would be decided by a judge, not a jury.
THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW (OR IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE LAWS OF THE STATE OF NORTH CAROLINA), WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS, WILL GOVERN THESE TERMS AND CONDITIONS AND APPLY TO ANY DISPUTES OR CLAIMS AGAINST PINK ENERGY ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE SERVICES.
Last Updated: April 27, 2021 [Original Effective Date: July 16, 2018]
What Information the Website Collects
The types of information that we collect fall under two general categories: personally identifiable information (“PII”), meaning it can be used to specifically identify an individual or business, and non-personally identifiable information (“non-PII”), meaning it cannot be used to specifically identify an individual or business. The information we will collect includes:
- Contact Us Form. When a visitor to the Website completes Pink Energy’s Contact Us form (or similar submission form capturing visitor submitted information) on the Website, Pink Energy collects certain PII, such as name, email, phone, address (including state and zip code) and such other information a visitor may supply in the submission form.
- Newsletter. When a visitor to the Website completes Pink Energy’s Newsletter subscription form (or similar submission form capturing visitor submitted information) on the Website, Pink Energy collects certain PII, email and such other information a visitor may supply in the submission form.
- Information from Other Sources. Pink Energy also may obtain both PII and non-PII about you from affiliated entities, business partners and other independent third-party sources and add it to other information about you.
- Site Activity. Pink Energy may store information about your use of the Website, such as your search activity, the pages you view, and the date and time of your visit. We may also gather information from your computer or mobile device (such as your IP address, computer or mobile device type, browser type, location, and Internet Service Provider (ISP)) to, among other things, analyze trends, administer the Website, track visitor movement in the aggregate, and gather demographic information.
- Cookies. Pink Energy, and third parties with whom we partner, may use “cookies.” A “cookie” is a piece of information that the computer that hosts a website gives to your computer when you access a website. Cookies enable us to deliver content specific to your interests, to save your password so that you do not have to re-enter it each time that you visit our Website (if you choose), and for other purposes. On most web browsers, you will find a “help” section on the toolbar. Please refer to this “help” section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. Acceptance of cookies is not a requirement to browse the Website; however certain areas and features of the Website require cookies to function properly.
- Web Beacons.
- Pink Energy also may use web beacons (also known as clear gifs, pixel tags or web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a webpage. We use web beacons to monitor the traffic patterns of users from one page within our sites to another, to deliver or communicate with cookies, to understand whether you have come to the Website from an online advertisement displayed on a third-party website, and to improve site performance. We also may allow our Service Providers (defined below) to use web beacons to help us understand which emails have been opened by recipients and to track the visitor traffic and actions on the Website. This helps us measure the effectiveness of our content and other offerings.
- This Website is being monitored by one or more third-party monitoring software(s), and may capture information about your visit that will help us improve the quality of our service. You may opt-out from the data that https://smart-pixl.com is collecting on your visit through a universal consumer options page located at https://smart-pixl.com/Unsub/unsub.html.
- Third Party Tracking. Pink Energy may use Service Providers to serve advertisements on our behalf across the Internet. These Service Providers may collect your IP address and non-PII or de-identified information about your visits to the Website in order to serve ads while you are visiting other websites. Such non-PII is anonymous or de-identified and does not reflect your name, address, or e-mail address; however your IP address may be collected by such services. This anonymous or de-identified information is often collected through the use of a web beacon.
How We Use the Information That We Collect
Pink Energy may use the information we collect the following ways: (a) to allow your access to and use of the Website, (b) to facilitate your use of the Website, (c) to communicate with you and solicit information from you, (d) for marketing, promotional and sales purposes, including to communicate with your regarding our offerings, products and services, (e) to send you updates, newsletters, marking materials and other information that may be of interest to you, (f) to fulfill your requests for products or services, (g) to respond to your questions and comments, (h) to resolve disputes or troubleshoot problems, (i) to notify you about special offers and products or services available from us or our partners that may be of interest to you, (j) to analyze use of and improve the Website, (k) to customize your experience on the Website, including customizing the ads shown to you, (l) to prevent potentially prohibited or illegal activities and enforce our polices, (m) to comply with applicable laws, (n) to enforce our Marketing Terms and Conditions, and/or (o) as otherwise described to you at the point of collection.
When We Disclose Your Personal Information
- Service Providers. Pink Energy may work with or hire other companies (“Service Providers”) to perform certain business-related functions, such as, without limitation, mailing (or emailing) information, maintaining databases, processing payment, and providing technology services. When we employ a Service Provider to perform a function of this nature, we provide the Service Provider with the information that it needs to perform its specific function, which may include PII and other information that you provide to us via the Website.
- Legal Disclosures. Pink Energy may disclose information you provide if required to do so by law or if Pink Energy, in our sole discretion, believes that disclosure is reasonable necessary to: (a) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), (b) protect or defend Pink Energyor a third party’s rights or property, and/or (c) protect someone’s health or safety, such as when harm or violence against any person (including you) is threatened.
- Affiliated Entities. Pink Energy may share information, including PII, from or about you with its parent company, subsidiaries, affiliates, or other companies under common control.
- Business Transfers. As Pink Energy develops its business, we may sell, merge, assign or otherwise transfer or dispose of a portion or all of the assets or ownership in Pink Energy (including, without limitation, in connection with any bankruptcy or similar proceeding), and, depending on the transaction, your information, including PII, may be one of the transferred assets. By use of the Website, you consent to our right to transfer such information, without any advance notice or consent (except to the extent expressly required under applicable law).
Third Party Websites
The Website may contain links to third party owned and/or operated websites. Pink Energy is not responsible for the privacy practices or the content of such websites. We suggest that you contact these third parties directly for information regarding their privacy, security and data collection and distribution policies prior to providing them with any information.
Security of Your Information
Pink Energy follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while Pink Energy strives to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Pink Energy recognizes the importance of children’s safety and privacy on the Internet. Therefore, in compliance with applicable laws, Pink Energy does not intentionally collect PII or other information from, nor does Pink Energy offer any content targeted to children on the Website. Children under the age of thirteen should not use the Website as it is not targeted to children.
Pink Energy controls and operates the Website from the United States. The Website is not intended to subject Pink Energy to the laws or jurisdiction of any state, country or territory other than that of the United States. Pink Energy does not represent or warrant that the Website is appropriate for use in any particular jurisdiction. Those who choose to access the Website do so at their own initiative and are responsible for complying with all applicable international, federal, state and local laws, rules and regulations.
919 N. Main Street
Mooresville, NC 28115