Terms & Conditions

You must be at least 18 years old and capable of forming a legally binding contract to use the Site, submit a sales representative application, request information about solar products, or provide your contact information for any purpose. By using the Site, you represent and warrant that you meet these requirements and that all information you provide is accurate, current, and complete.

The Site serves two distinct audiences, and different sections of these Terms may apply depending on how you use the Site:

2.1 Sales Recruitment Services

Portions of the Site allow individuals to apply to become independent contractor sales representatives, canvassers, or affiliates for Nox Power or its authorized dealers (collectively, “Sales Representatives”). Submitting an application does not guarantee acceptance, engagement, or any offer of a contractor or employment relationship. Any relationship between Nox Power and a Sales Representative is governed by a separate independent contractor agreement, which will contain its own terms regarding compensation, territory, conduct, and termination, and which will control over these Terms in the event of a conflict as to that relationship.

2.2 Consumer Marketing Services

Other portions of the Site are directed to prospective residential and commercial customers interested in solar energy products, financing options, and installation services (“Solar Products”). Use of the Site to request a quote, consultation, or information about Solar Products does not create any obligation to purchase, and does not itself constitute a sale, financing agreement, or installation contract. Any actual purchase, financing, lease, or installation of Solar Products will be governed by a separate, definitive written agreement provided to you at the time of sale.

Subject to your compliance with these Terms, Nox Power grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use, or, if applying as a Sales Representative, for the purpose of completing your application.

All content on the Site, including text, graphics, logos, product descriptions, pricing information, images, software, and the “Nox Power” name and marks (collectively, “Content”), is owned by or licensed to Nox Power and is protected by U.S. and international intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit any Content without our prior written consent.

You may not access or use the Site for any purpose other than that for which we make it available. As a user of the Site, you agree not to:

• Use the Site for any unlawful purpose;
• Attempt to gain unauthorized access to the Site or its related systems;
• Use any automated means (bots, scrapers, crawlers) to access the Site without permission;
• Submit false, misleading, or fraudulent information in any application or quote request;
• Impersonate any person or entity;
• Interfere with the proper functioning of the Site;
• Systematically retrieve data or content from the Site to create or compile a collection, compilation, or database without our written permission;
• Trick, defraud, or mislead us or other users, including in any attempt to learn sensitive information such as account credentials;
• Circumvent, disable, or otherwise interfere with security-related features of the Site;
• Disparage, tarnish, or otherwise harm, in our opinion, Nox Power or the Site;
• Use information obtained from the Site to harass, abuse, or harm another person;
• Make improper use of our support channels or submit false reports of abuse or misconduct;
• Upload or transmit viruses, Trojan horses, or other harmful material, or engage in spamming;
• Use any automated system, script, bot, or data-mining tool to access or interact with the Site, except standard search-engine indexing;
• Attempt to impersonate another person or use another person's identifying information without authorization;
• Decipher, decompile, disassemble, or reverse engineer any software comprising the Site, except as permitted by applicable law;
• Use a buying, purchasing, or application-submission agent to interact with the Site on your behalf; or
• Use the Site to compete with Nox Power or for any revenue-generating or commercial purpose not expressly authorized by these Terms.

Except for the personal information governed by our Privacy Policy, any application materials, comments, suggestions, ideas, or other feedback you submit to Nox Power through or in connection with the Site (“Submissions”) will be considered non-confidential and non-proprietary. By providing a Submission, you grant Nox Power a worldwide, royalty-free, perpetual, irrevocable right to use, reproduce, modify, and disseminate that Submission for any business purpose, and you represent that you have all rights necessary to grant this license. You remain solely responsible for the content, accuracy, and legality of your Submissions.

Communications Not Confidential or Privileged. Any email, text message, web form submission, or other communication you send to Nox Power through the Site is not encrypted or guaranteed to be secure, and no attorney-client, fiduciary, or other privileged or confidential relationship is created by any such communication. Do not include sensitive personal information (such as Social Security numbers or financial account numbers) in any unsecured communication through the Site.

If you submit an application to become a Sales Representative, you authorize Nox Power to: (a) verify the information you provide, including through background checks where permitted by applicable law and with any legally required separate authorization; (b) contact you via phone, email, and text message regarding your application and opportunities (see Section 9 below regarding SMS and TCPA consent); and (c) share your application information with authorized dealers, distributors, or partners of Nox Power for recruitment and onboarding purposes.

Nox Power reserves the right to reject any application, and to modify, suspend, or discontinue its Sales Recruitment Services at any time, with or without notice.

If you submit a request for a quote, consultation, or information about Solar Products, you understand and agree that: (a) Nox Power or an authorized dealer/installer may contact you to discuss your request and provide a proposal; (b) any pricing, savings estimates, incentive eligibility, or system-performance figures presented on the Site or by a representative are estimates only, are not guaranteed, and are subject to change based on a site assessment, applicable utility rates, available incentives, and financing terms; and (c) no purchase, lease, financing, or installation obligation arises from submitting a request or receiving a quote. Final terms will be set out in a separate written agreement.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including pricing, incentive eligibility, savings estimates, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information on the Site at any time, without prior notice.

By providing your telephone number on the Site — whether as a Sales Representative applicant or as a prospective customer — you expressly consent to receive calls and text messages, including calls and texts made using an automatic dialing technology, an artificial or prerecorded voice, and/or SMS/MMS text messaging technology, whether or not my number is on a national or state “Do Not Call” list, from Nox Power, its affiliates, authorized dealers, and/or third-party vendors acting on Nox Power's behalf, at the phone number(s) you provide, for the following purposes:

• Responding to and processing your Sales Representative application or quote/information request;
• Scheduling consultations, site assessments, or follow-up calls;
• Providing information about Solar Products, promotions, incentives, and pricing;
• Providing information about sales opportunities, onboarding, and commissions; and
• Servicing your account or application and related customer or applicant support.

9.1 Nature of Consent

Consent to receive calls or text messages is not a condition of purchasing any Solar Products, applying to become a Sales Representative, or receiving any goods or services from Nox Power. Message and data rates may apply. Message frequency varies. You may receive recurring messages depending on your interactions with us.

9.2 Opt-Out

You may opt out of text messages at any time by replying “STOP” to any text message you receive from us, or by contacting us using the information in Section 26 below. You may opt out of calls by informing the representative during the call or by contacting us directly. After opting out, you may receive one final message confirming your opt-out. Reply “HELP” for assistance.

9.3 Carrier Disclaimer

Carriers are not liable for delayed or undelivered messages. We are not responsible for any charges billed by your carrier related to calls or messages sent to you.

9.4 Do Not Call / Reassigned Numbers

You represent that you are the current subscriber or authorized user of the phone number you provide and that you have the authority to grant the consent described in this Section 9. If your phone number changes, you agree to promptly notify us. Providing consent here does not override your placement on any internal or National Do Not Call Registry with respect to unrelated, unsolicited marketing outside the scope of your inquiry or application, except as permitted by applicable law given your express consent and existing relationship with us.

For more information on how we collect, use, and protect your phone number and other personal information, please review our Privacy Policy at noxpwr.com/privacy.

By providing your email address, you consent to receive email communications from Nox Power related to your application, quote request, or inquiry, as well as promotional and marketing emails. You may unsubscribe from marketing emails at any time using the “unsubscribe” link included in each email, consistent with the CAN-SPAM Act. Note that you may continue to receive transactional or application-related emails even after unsubscribing from marketing emails.

Visiting the Site, submitting a form, and sending us emails or text messages constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE. You hereby waive any rights or requirements under any statute, regulation, rule, ordinance, or other law in any jurisdiction that would require an original (non-electronic) signature or the delivery or retention of non-electronic records.

The Site may contain links to third-party websites, financing partners, utility company resources, or other third-party services that are not owned or controlled by Nox Power. Use of any such other website may be subject to a privacy statement, terms of use, or other legal terms that differ significantly from these Terms and our Privacy Policy. We strongly encourage you to review the privacy statement and terms of any third-party website before supplying personal information through it. Nox Power does not endorse or warrant, and is not responsible for, the content, accuracy, or practices of any third-party site, and your use of any such site is at your own risk.

We reserve the right, but not the obligation, to: (a) monitor the Site for violations of these Terms; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms; (c) refuse, restrict, or disable access to any portion of the Site; and (d) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate its proper functioning.

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason, without notice, and we have no obligation to update any information on the Site. We cannot guarantee the Site will be available at all times; we may experience hardware, software, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. We will have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime.

THE SITE AND ALL CONTENT, INFORMATION, ESTIMATES, AND MATERIALS PROVIDED THROUGH IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Nox Power does not warrant that: (a) the Site will be uninterrupted, timely, secure, or error-free; (b) any estimates of energy savings, system output, incentive eligibility, or return on investment presented on the Site will be accurate or achieved; or (c) any Sales Representative application will result in engagement or income of any particular amount. Actual solar system performance and savings depend on factors including location, weather, utility rates, shading, system design, and consumption patterns.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOX POWER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NOX POWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL NOX POWER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE EXCEED ONE HUNDRED DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Nox Power and its officers, directors, employees, affiliates, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Site; (b) your submission of false or misleading information; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

We will maintain certain data you transmit to the Site for the purpose of managing its performance, as well as data relating to your use of the Site. Although we perform routine backups of data, you are solely responsible for all data you transmit or that relates to any activity you undertake using the Site. We will have no liability to you for any loss or corruption of such data.

Our collection, use, and disclosure of personal information submitted through the Site is governed by our Privacy Policy, available at noxpwr.com/privacy, which is incorporated by reference into these Terms. By using the Site, you consent to the data practices described in the Privacy Policy.

We may suspend or terminate your access to the Site at any time, without notice, for any reason, including if we believe you have violated these Terms. Sections of these Terms that by their nature should survive termination (including Sections 3, 4, 5, 9, 11, 14–18, and 20–26) will survive.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

20.1 Informal Negotiations

Before filing a claim, you and Nox Power agree to first attempt to resolve any dispute informally by contacting the other party in writing (see Section 26 below). If the dispute is not resolved within thirty (30) days, either party may proceed to arbitration as set out below.

20.2 Agreement to Arbitrate

Except for disputes that qualify for small claims court and the exceptions listed in Section 20.5 below, you and Nox Power agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or any communications you received in connection with the Site (including under Section 9) shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small claims court.

20.3 Class Action Waiver

YOU AND NOX POWER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

20.4 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to compliance@noxpwr.com within thirty (30) days of first accepting these Terms, stating your name and intent to opt out of arbitration.

20.5 Exceptions to Arbitration

The following disputes are not subject to the arbitration requirement above: (a) any dispute seeking to enforce or protect, or concerning the validity of, either party's intellectual property rights; (b) any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

20.6 Time Limit; Severability

Any dispute must be brought within one (1) year after the cause of action arose, or it is permanently barred. If any portion of this arbitration provision is found unenforceable, that portion will be severed, and the remainder shall remain in full force and effect, except that if the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court rather than arbitration.

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles, except that the Federal Arbitration Act shall govern Section 20. To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake City, Utah, and waive any defense of lack of personal jurisdiction or forum non conveniens with respect to that venue.

We may revise these Terms from time to time. The updated version will be indicated by an updated “Last Updated” date at the top of this page. Your continued use of the Site after any changes take effect constitutes your acceptance of the revised Terms. If changes are material, we may provide additional notice, such as a banner on the Site.

Solar sales, home-solicitation sales, and telemarketing are separately regulated in many states (for example, rules governing three-day rescission rights, state Do-Not-Call registries, and licensing of solar contractors and canvassers). You may have additional rights in your state of residence.

Nox Power is committed to making the Site accessible to all users. If you experience difficulty accessing any part of the Site, please contact us using the information in Section 26 below.

a. Entire Agreement. These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Nox Power regarding the Site.

b. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

c. No Waiver. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision.

d. Assignment. You may not assign these Terms without our prior written consent. Nox Power may assign these Terms without restriction.

e. Force Majeure. Nox Power shall not be liable for any failure or delay resulting from causes beyond its reasonable control.

f. No Agency. No joint venture, partnership, employment, or agency relationship is created between you and Nox Power as a result of these Terms or your use of the Site.

If you have questions about these Terms, wish to exercise any opt-out right, or need to contact us for any other reason, please reach us at:

Nox Power

2440 E Germann Rd., Suite 100

Email: compliance@noxpwr.com

Website: noxpwr.com