Site Usage Terms & Conditions

Last Updated: 2.19.2025

Please read these terms of use (“Terms and Conditions”) carefully.

This page tells you the terms on which you may make use of our primary website, currently located at https://solar-distribution-us.baywa-re.com/; our online store, currently located at solar-store-us.baywa-re.com (our “site(s)"); as well as any related content, features, applications, and other services, including without limitation any new features and applications (collectively with the sites, the “Services”).

By using our sites, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using our sites.

Our sites are owned and operated by BayWa r.e. Solar Systems LLC (“BayWa”, “we”, “us”, and/or “our”). Registered Office: 1596 Pacheco Street, Suite 103, Santa Fe, NM 87505, USA.

Please also be sure to read the BayWa r.e. Terms and Conditions of Sale, which governs purchases made through our online store. 

We may modify or amend these Terms and Conditions at any time. Each time you use our sites you acknowledge and signify you have read, understood and agreed to be bound by these Terms and Conditions, as they then read.

ACCESSING OUR SITES

We grant you permission to access and use the sites, subject to the restrictions set out in these Terms and Conditions. To make purchases, we require that you establish an account. It is a condition of your use of the sites (and related Services) that the information you provide about yourself is accurate, current, and complete and that you maintain and promptly update such information to keep it accurate, current, and complete. You may be asked to verify that you are over the applicable age limit to access our sites and have the authority to enter into an agreement with us. You hereby agree that you shall not misrepresent your age or authority. We reserve the right, in our sole discretion, to refuse, suspend, or terminate your access to the sites, upon discovery (or reasonable suspicion) that any information you have provided us is not true, accurate, or complete, or otherwise violates these Terms and Conditions.

Access to our sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our sites without notice (see below). We will not be liable if for any reason our sites are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these Term and Conditions, and that they comply with them.

We aim to update our sites regularly, and may change the content at any time. This may include adding new features, updating existing features, or removing features or functionality from the sites, temporarily or permanently. If the need arises, we may suspend access to our sites (or any portion thereof), or close them indefinitely. Any of the material on our sites may be out of date at any given time, and we are under no obligation to update such material. You agree that we will not have any liability to you for the foregoing actions. If you object to any such changes, your sole recourse is to stop using the sites, Your continued use of the sites after the date any such changes take effect constitutes your agreement to those changes.

ACCEPTABLE USE

You may use our sites (and related Services) only for lawful purposes and in accordance with these Terms and Conditions. In particular, you agree not to, and will not assist, encourage, or enable others to use our Services as follows:

• For any commercial purpose, except as expressly permitted under these Terms and Conditions. 
• For competitive analysis or to build competitive products.
• To violate any applicable national, regional, federal, state, local, or international law or regulation.
• To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which:
• is, or contains any material which is, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
• violates or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and Conditions; or
• is likely to deceive or confuse any person.
• In violation of these Terms and Conditions or any other rules or policies posted by us on the Services.
• To reverse engineer any portion of the Services.
• To modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by BayWa.
• To remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services.
• To record, process, harvest, collect, or mine information about other users.
• To access, retrieve, or index any portion of the Services for the purposes of constructing or populating a searchable database.
• To use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
• To use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature.
• To use the Services to violate the security of any computer network, crack passwords, or security encryption codes.
• To remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services.
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
• To attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• To otherwise attempt to interfere with the proper working of the Services.

We are under no obligation to enforce these Terms and Conditions on your behalf against another user. We encourage you to let us know if you believe another user has violated these Terms and Conditions or otherwise engage in prohibited or illegal conduct.

SUSPENSION OR TERMINATION OF ACCESS

If we determine (or reasonably believe) that you have breached the acceptable use terms set out above or (i) are using our Services for any unlawful purpose or deceptive purpose; (ii) pose a threat to us or our other users; or (iii) are violating the intellectual property rights of BayWa or any third party, we reserve the right to suspend or permanently bar you from accessing our Services. We may further notify relevant third parties, including law enforcement as applicable. Unauthorized or other misuse of the Services may result in criminal and/or civil prosecution under federal state, and local law or applicable regulations. If you become aware of misuse of our Services, please contact us at ussy.marketing@baywa-re.com

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our sites, and in the material published on it. All content of our sites, including the selection, arrangement, structure, coordination, and “look and feel” thereof is protected by copyright. You may only use the information, text, pictures, video and audio files, or graphics contained on our sites for your personal, non-commercial use and with the exception of permission to print de minimis copies, and download extracts, of any page(s) from our sites for your personal reference you may not reproduce, modify, transmit, licence or publish it, in whole or in part, for any purpose without our prior written consent. You may draw the attention of others within your organisation to material posted on our sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our sites must always be acknowledged.

You must not use any part of the materials on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.

Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

TRADEMARKS

All trademarks, logos and service marks shown in our sites are the property of us or third parties. You are prohibited from using, downloading, copying or distributing them in any way without our prior written permission or such third party, as the case may be.

USER CONTENT

With respect to (i) any content or other materials you upload through the Services, and (ii) any photos, videos, or other content you share on your social media accounts using our branded hashtags, including, without limitation #bayware (collectively, the “BayWa Hashtags”) or in which you tag our branded social media accounts (collectively, “User Content”), you represent and warrant that you own all right, title, and interest in and to such content, including without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violating any third party’s rights. You understand and agree that any liability, loss, or damage arising from or relating to any User Content that you post, upload, link to, or otherwise make available via the Service or your social media accounts, as described above, is solely your responsibility. By making available such User Content, you hereby grant BayWa a non-exclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify, and otherwise use your User Content in any and all media, form, medium, technology, or distribution methods now known or later developed, and for any and all purposes. You also grant us permission to use your name, voice, likeness, and User Content in the promotion of our Services, in the form of testimonials or showcased users of the Service, and other reasonable promotional activities.

We are under no obligation to monitor and/or review any User Content placed on our sites by users and assume no responsibility or liability whatsoever relating to any such user input. We reserve the right to check from time to time such user input and to remove any such input from our sites without justification.

FEEDBACK

From time to time, you may provide us with comments, suggestions, or ideas for enhancements or improvements, including new features, materials, and other content (“Feedback”). BayWa shall have the full, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback, for any purpose, commercial or otherwise, without notice to you or acknowledgement or compensation to you.

COMPLAINTS AND COPYRIGHT TAKEDOWN REQUESTS

If you believe your intellectual property is being violated via our sites, please submit a complaint and request for takedown of specific material to ussy.marketing@baywa-re.com Be sure to provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of the location on the site(s) and the material you claim is infringing; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

Please note that this procedure is exclusively for notifying BayWa that your copyrighted material has been infringed. The preceding requirements are intended to comply with BayWa’s rights and obligations under the Digital Millennium Copyright Act (DMCA), including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, BayWa has adopted a policy of blocking, in appropriate circumstances, users who are deemed to be repeat infringers. BayWa may also in its sole discretion limit access to the sites or any other portion of the Services for any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For all notices and communications relating to these Terms and Conditions, you (i) consent to receive communications from us in electronic form via the email you have submitted; and (ii) agree that these Terms and Conditions (including all updates thereto), agreements, notices, disclosures, and other communications that we may provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including to (i) respond to your requests, inquiries, comments, and suggestions; and (ii) to communicate with you about products, services, offers, promotions, and events we offer and provide news and information we think will be of interest to you. You can opt out of receiving our promotional communications at any time by following the instructions included in those communications or by contacting us at ussy.marketing@baywa-re.com 

You may have the opportunity to opt in to receiving certain information, updates, and/or offers from us via text communications by providing us with your mobile telephone number. Consent to receiving text communications is not required as a condition of purchasing any Products or using our Services. If you choose to opt in to receive such communications, you represent and warrant that the telephone number you have provided is yours and not someone else’s. You understand and agree that you may receive recurring promotional and personalized marketing messages from BayWa, in the form of text messages or automated or pre-recorded phone calls, and standard message and data rates apply. You can opt out of receiving these messages at any time by texting STOP or by contacting us at ussy.marketing@baywa-re.com 

DISCLAIMER

We make no warranties in respect of the content on our sites and any commentary or other materials posted on our sites are not intended to amount to advice on which reliance should be placed. We assume no responsibility for the accuracy or reliability of any of the content on our sites, and we disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our sites, or by anyone who may be informed of any of its contents. The content is only for your general information and use and is provided on an as is and as available basis.

The content is not intended to address your particular requirements, and any reliance you place on any material will be at your sole risk. You should not rely on the content in making any specific purchasing decisions and should first take further advice.

The information provided on our sites may be out of date and maybe changed or updated without notice. BayWa does not accept any liability for any error, omission or failure to update such information.

LIMITATION OF LIABILITY

The material displayed on our sites is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our sites or in connection with the use, inability to use, or results of the use of our sites, any websites linked to it and any materials posted on it, including:
• Loss of income or revenue;
• Loss of business;
• Loss of profits or contracts;
• Loss of anticipated savings;
• Loss of data;
• Loss of goodwill;
• Wasted management or office time; and
• Whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

INDEMNIFICATION

You agree to release, indemnify, and hold harmless BayWa against all losses, damages, expenses (including reasonable attorney’s fees, rights, claims, actions of any kind and injury (including death) made or brought against us by a third party arising out of (i) your breach of these Terms and Conditions; (ii) your violation of applicable laws; (iii) your violation the rights of any third party, including intellectual property rights; and (iv) your negligence or willful misconduct.

LINKS TO THIRD PARTIES

Our sites may contain links to other third-party websites, services, and applications for which we are not responsible and we do not necessarily endorse the content or opinions expressed within them. We cannot guarantee that these links will work all of the time as we have no control over the availability of the pages hosted in third-party websites. We accept no responsibility for them or for any loss or damage that may arise from your use of them.

Any third-party links are provided for your information only.

LINKING TO OUR SITES

You do not have to ask permission to link directly to pages hosted on our sites provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Further, we do not permit our pages to be loaded into frames on your website, our pages must load into the user's entire window.

You must not establish a link from any website that is not owned by you.

We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with these Terms and Conditions.

PERSONAL DATA

Our Privacy Notice and Cookie Notice are hereby incorporated into and form an integral part of these Terms and Conditions. Please read these notices carefully as they describe how we handle personally identifying information (“Personal Information”) we collect from and about you in connection with your use of and access to the sites and Services. Where processing is based on consent and to the extent permitted by law, by entering into these Terms and Conditions, you consent to BayWa’s collection, use, and disclosure of your Personal Information as described in the Privacy Notice.

SURVIVAL

If any part of these Terms and Conditions is held invalid or unenforceable, that portion will be, to the maximum extent possible, construed consistent with applicable law. The remaining portions shall remain in full force and effect. Any failure on the part of BayWa to enforce any provision of these Terms and Conditions will not be considered a waiver of our right to enforce such provision. Our rights under these Terms and Conditions will survive any termination of these Terms and Conditions to the extent necessary to give full effect to their intended purpose.

CHOICE OF LAW

These Terms and Conditions and your use of the Services are governed by the federal and state laws of the State of New Mexico without regard to its conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue in any federal or state court of competent jurisdiction located in Santa Fe County for the adjudication of any disputes arising from or relating to the Services or these Terms and Conditions.

ASSIGNMENT

We may assign or delegate these Terms and Conditions, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms and Conditions without our prior written consent, and any unauthorized assignment and delegation by you shall be void.

ENTIRE AGREEMENT

These Terms and Conditions, together with the BayWa r.e. Terms and Conditions of Sale, Privacy Notice, and Cookie Notice, represent the complete and exclusive understanding of the agreement between us and you regarding the Services and supersede any other prior or contemporaneous agreement, whether oral or written, and any other communications between us and you relating to the Services.

NOTICES

All notices permitted or required under these Terms and Conditions must be sent in writing (i) if to you by us, then via email to any address you have provided, and (ii) if to us by you, then via ussy.marketing@baywa-re.com Notices will be deemed given if (a) if to you, when emailed, and (b) if to us, on receipt by us. 

CONTACT US

If you have comments or questions or would like to report violations of these Terms and Conditions, please contact us at ussy.marketing@baywa-re.com or write us at:

BayWa r.e. Solar Systems LLC

1596 Pacheco Street, Suite 103

SANTA FE, NM 87505