Purchase Price Protection
My Solar Claim may update this Purchase Price Protection Policy from time to time and will notify affected Clients of updates. Administrative, clarifying, procedural, or more favorable updates may apply to existing Clients upon notice. Material changes that reduce benefits, narrow eligibility, add exclusions, or otherwise adversely affect Client’s rights will apply only to future purchases unless Client affirmatively agrees in writing.My Solar Claim stands behind the value of its work through the following limited conditional purchase price protection.
If Client completes the My Solar Claim process, receives the final Expert Findings Report or other final case materials, and formally uses My Solar Claim’s report, findings, case materials, or expert support in a Qualifying Litigation Process, My Solar Claim will compare Client’s Total Economic Value against the cash price Client paid to My Solar Claim.
If Client’s Total Economic Value is less than the cash price Client paid to My Solar Claim, My Solar Claim will refund or credit the difference, up to the amount actually paid to My Solar Claim, subject to the terms, limits, exclusions, and documentation requirements of this Purchase Price Protection.
Example:
My Solar Claim Price: X
Total Economic Value: Y
Refund or Credit: X-Y
1.Total Economic Value
“Total Economic Value” means the total economic value offered, awarded, credited, reimbursed, waived, reduced, forgiven, repaired, replaced, transferred, avoided, or otherwise provided to Client in connection with Client’s solar dispute, including any applicable Direct-to Consumer Credit.
Total Economic Value may include, without limitation:
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the highest bona fide written settlement offer received by Client that was capable of acceptance and had reasonably ascertainable economic value, whether accepted, rejected, expired, withdrawn, or later modified;
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any arbitration award, court award, judgment, order, settlement, or agreed resolution;
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any solar loan cancellation, rescission, principal reduction, balance reduction, payment reduction, term reduction, or other loan modification;
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avoided interest, reduced scheduled payments, waived payments, deferred payments, forgiven arrears, waived late fees, waived collection fees, waived default charges, or other reductions in payment obligations;
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any refund, cash payment, reimbursement, billing credit, account credit, utility credit, production credit, or other monetary benefit;
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any repair work, replacement work, reinstallation work, electrical work, roof work, monitoring work, service commitment, warranty extension, production correction, system modification, equipment replacement, inverter replacement, panel replacement, workmanship correction, or other repair/remediation value offered or provided;
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any attorney fee reimbursement, arbitration fee reimbursement, expert fee reimbursement, filing fee reimbursement, court cost reimbursement, consulting fee reimbursement, report cost reimbursement, or other dispute-cost reimbursement;
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any debt collection relief, credit reporting correction, account reinstatement, default cure, release of lien, release of claim, release of obligation, or other account benefit;
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any other financial, contractual, repair-related, account-related, dispute-related, legal-process-related, or practical economic benefit offered, awarded, made available, or provided to Client in connection with the solar dispute.
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Any future service credit, expert-support credit, Direct-to-Consumer Credit, included service value, or other value provided by My Solar Claim. Direct to Consumer Credits are package benefits for covered future My Solar Claim Support, are not paid separately to Client, and are not cash or cash equivalent credits.
For purposes of this Purchase Price Protection, Total Economic Value includes the highest value offered, awarded, made available, promised, or provided to Client, even if Client rejects the offer, allows the offer to expire, negotiates for different terms, later receives a lower offer, withdraws the claim, settles for less, or chooses not accept the outcome.
Total Economic Value must be supported by written documentation. Speculative, estimated without documentation, self-assessed, or opinion-based value does not count as Total Economic Value.
My Solar Claim may reasonably determine Total Economic Value based on the documents provided, third-party records, written communications, formal proceedings records, attorney confirmations, lender/servicer records, settlements documents, repair records, or other information reasonably acceptable My Solar Claim.
2. Qualifying Litigation Process
A “Qualifying Litigation Process” means a filed litigation, arbitration, or substantially equivalent filed or formally administered legal process in which Client formally uses, submits, relies on, references or provides My Solar Claim’s report, findings, case materials, or expert support.
A Qualifying Litigation Process is limited to:
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Filed Arbitration: A consumer arbitration or other arbitration proceeding filed with AAA, JAMS, or another arbitration forum named in the applicable agreement, required by the applicable contract, ordered by a court, or agreed to by the parties.
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Filed Court Case: A lawsuit, petition, complaint, counterclaim, crossclaim, or small claims action filed in a state court, federal court, small claims court, or other court of competent jurisdiction.
A mediation qualifies only if it is connected to an already filed arbitration or court case and ordered by the adjudicator.
Informal phone calls, informal customer-service complaints, social media posts, online reviews, undocumented demands, or informal negotiations do not qualify unless My Solar Claim confirms in writing that they qualify.
Client must provide documentation showing that My Solar Claim’s report, findings, case materials, or expert support were actually used, submitted, relied on, referenced, provided, or made available in the Qualifying Litigation Process.
3. Timing and Claim Submission
Client may not submit a claim under this Purchase Price Protection until at least twenty-four (24) months have elapsed after My Solar Claim delivers Client’s final Expert Findings Report or final case materials.
If the Qualifying Litigation Process is still active after the 24-month period, Client may submit a claim only after there is a final written outcome, dismissal, award, judgment, settlement, closure, withdrawal, or other documented resolution of the qualifying process.
If the Qualifying Litigation Process ends before the 24-month period has elapsed, Client must wait until the 24-month period has elapsed before submitting a claim under this Purchase Price Protection.
Client must submit any claim under this Purchase Price Protection within sixty (60) days after becoming eligible to submit the claim. Failure to timely submit a claim may result in denial.
4. Required Proof and Final Value Confirmation
To submit a claim under this Purchase Price Protection, Client must provide complete documentation reasonably required by My Solar Claim to verify the qualifying process, confirm that My Solar Claim’s materials were used, and calculate Total Economic Value.
Client must provide one or more of the following: a final arbitration award, or official arbitration dismissal/closure record; a final court judgment, or equivalent filing; an official letter from Client’s attorney verifying the final outcome and Total Economic Value.
If Client was represented by counsel in the Qualifying Dispute Process, My Solar Claim will request written confirmation from counsel or other documentation reasonably sufficient to verify the final outcome and Total Economic Value.
Client must also sign a Final Value Confirmation, to the best of Client’s knowledge and under penalty of perjury, that Client has fully disclosed all offers, awards, settlements, refunds, credits, repairs, replacements, reimbursements, loan changes, waived amounts, side agreements, private agreements, verbal agreements, and any other value received offered, promised, made available, or provided in connection with the solar dispute.
My Solar Claim will review timely submitted claims in good faith after receiving all required documentation.
My Solar Claim may deny a claim, to the fullest extent permitted by applicable law, if Client fails to provide required documentation, refuses to sign the Final Value Confirmation, provides incomplete or misleading information, withholds, material information, rejects or conceals a qualifying offer or otherwise prevents My Solar Claim from accurately calculating and confirming Total Economic Value.
5. My Solar Claim Price and Maximum Protection Amount
For purposes of this Purchase Price Protection, the My Solar Claim price means the cash price actually paid to and retained by My Solar Claim for the eligible services.
The My Solar Claim price does not include financing interest, financing charges, payment processing fees, third-party fees, late fees, taxes, attorney fees, arbitration fees, court costs, optional add-ons, or any amounts charged by third parties.
If Client financed the purchase, the My Solar Claim price is limited to the amount actually received and retained by My Solar Claim, excluding any financing interest, financing charges, lender fees, or third-party charges.
The maximum amount My Solar Claim will refund or credit under this Purchase Price Protection is limited to the Protected Amount.
This Purchase Price Protection does not cover consequential damages, lost profits, emotional distress, punitive damages, attorney fees, third-party costs, financing costs, tax consequences, credit consequences, or any amount beyond the Protected Amount.
My Solar Claim may provide any amount payable under this Purchase Price Protection as a refund, account credit, service credit, or combination thereof, unless otherwise required by applicable law.
6. Cooperation Requirement
Client must reasonably cooperate with My Solar Claim in the review and verification of any Purchase Price Protection claim. This includes providing requested documents, clarifying disputed calculations, signing the Final Value Confirmation, and allowing My Solar Claim a reasonable opportunity to verify the qualifying process, the outcome, and the Total Economic Value. Failure to reasonably cooperate may result in denial of the Purchase Price Protection claim.
7. No Double Recovery
Client may not obtain double recovery. If Client receives additional value after My Solar Claim issues a refund or credit, or if My Solar Claim later discovers undisclosed value that would have reduced or eliminated the refund or credit, Client must repay any overpaid amount upon request, to the fullest extent permitted by applicable law.
Client is solely responsible for any tax, credit, reporting, or financial consequences of any value received or any refund or credit issued under this Purchase Price Protection.
8. Exclusions
This Purchase Price Protection does not apply if:
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Client does not initiate a Qualifying Litigation Process;
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Client does not use, submit, rely on, reference, provide, or make available My Solar Claim’s report, workbook, findings, case materials, or expert support in the Qualifying Litigation Process;
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Client voluntarily withdraws, abandons, or fails to pursue the Qualifying Litigation Process;
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Client fails to provide requested documentation;
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Client provides inaccurate, incomplete, misleading, or false information;
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Client withholds, conceals, or fails to disclose any offer, settlement, award, credit, reimbursement, loan adjustment, repair, warranty credit, waived amount, side agreement, account benefit, or other value;
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Client rejects, fails to respond to, allows to expire, or fails to document a bona fide written offer that would have produced Total Economic Value equal to or greater than the My Solar Claim price;
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Client settles confidentially and refuses to provide documentation sufficient to verify the value of the settlement;
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The Qualifying Litigation Process is dismissed, denied, closed, rejected, defaulted, stayed, administratively terminated, or otherwise not resolved on the merits due to procedural defects, filing defects, jurisdictional defects, missed deadlines, failure to pay required fees, failure to appear, failure to prosecute, failure to comply with applicable rules, improper filing, or any other procedural or administrative deficiency unrelated to the substantive value of Client’s solar dispute;
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Client uses the eligible services, report, workbook, findings, case materials, or expert support for a matter unrelated to Client’s solar installation, financing, sales process, performance, warranty, or related dispute;
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Client requests a chargeback, payment reversal, or payment-processor dispute instead of following the claim process in this Purchase Price Protection;
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Client materially breaches the agreement with My Solar Claim; or
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Applicable law prohibits or limits application of this Purchase Price Protection.
9. Client Acknowledgement
Client acknowledges and agrees that:
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Purchase Price Protection is not a promise that Client will recover money or obtain any relief from any third party;
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My Solar Claim does not control any solar company, installer, lender, financing company, warranty provider, manufacturer, attorney, arbitrator, court, regulator, mediator, or other third party;
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Total Economic Value may include written offers, credits, reductions, waived amounts, repair or warranty value, avoided interest, scheduled payment savings, reimbursements, Direct-to-Consumer credits and other documented economic value, even if Client does not accept or ultimately receive the highest offered value;
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Any refund or credit is based on the protected Amount, not the full my Solar Claim price;
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No refund or credit is automatic; and
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This Purchase Price Protection is subject to all written terms, conditions, limitations, exclusions, documentation requirements, and claim procedures stated in this Agreement.