User Agreement



consent required for access to simulator

I hereby understand, acknowledge, and agree that:

This Net Profit Simulator (hereafter referred to as "simulator") as well as all information within this website and videos are based on certain assumptions and are provided for illustrative and motivational purposes only and may understate or overstate actual residual income, tax savings, and/or net profits resulting from the purchase of alternate energy systems, or from the sponsoring of others to purchase alternate energy systems, or from any of the activities within my personal 6-tier network.

I acknowledge and agree that Sun Power Solutions, LLC, DBA SunPowerAssociates.com (hereafter referred to as Sun Power) has duly advised me to seek professional tax counsel from a certified public accountant and/or from a tax attorney prior to deciding to make any alternate energy system purchases. I understand and agree that even with the purchase of a single alternate energy system, I may only receive tax savings to the extent that I have tax liability to the Internal Revenue Service of the United States and subject to any other limitations or restrictions of the Internal Revenue Code of 1986, as amended, and any associated Treasury Regulations. In other words, if my total tax liability to the IRS in a given year is only $100, my maximum tax savings in that year from the purchase of solar property may be limited to $100.

I agree to indemnify and hold harmless Sun Power, its owners, business partners, affiliates, business associates, employees, executives, managers, members, and associates from any and all legal liability for any errors, omissions, and/or damages, both economic and non-economic, including, but not limited to, direct or indirect financial loss, emotional distress, or any similar damages resulting from legal liability to the Internal Revenue Service of the United States and/or to the federal government of the United States, and/or to any state or local government.

I agree that I have been advised by Sun Power that they are an independent contractor of RaPower3, LLC.

I further understand and agree that while Sun Power has attempted to provide this simulator and website and videos to highlight the potential financial impact of alternate energy system purchases and the potential impact of building a personal network, a number of assumptions are built into these projections that are beyond the influence and/or control of Sun Power, and therefore, the accuracy of these projections should not be relied upon for any financial or non-financial decisions. Among these assumptions are: personal taxable income, tax liability, and any applicable alternate minimum tax of any individual in any year, existence of other eligible tax deductions of any individual in any year, eligibility of any individual to meet the IRS Active/Residual Rule to qualify for renewable energy property depreciation tax deductions in any year, possible changes in federal tax legislation in any year, possible changes in RaPower3 distributor agreements in any year, the amount of residual income generated by each solar power unit in any year, the initial commencement date of such residual income payments (the solar thermal power plant is not yet installed and generating revenue as of 9/1/10 so the residual income amounts and commencement date of such payments have not been established as of that date), and the level of recruitment success and resulting growth of my personal network in any year. While this simulator and website have used certain general assumptions for the potential growth of my personal network in the "Power of 2" projections, I understand and agree that this by no means guarantees or assures that my personal network will achieve a similar level of growth.

I further understand and agree that the simulator, website, and/or videos may contain “forward-looking” statements that are based on present circumstances and on predictions with respect to events that have not occurred, that may not occur, or that may occur with different consequences and timing than those now assumed or anticipated. Such forward-looking statements are not guarantees of future performance or results and involve risks and uncertainties that could cause actual events or results to differ materially from the events or results described in the forward-looking statements.

I further understand and agree that I shall not rely on the accuracy of the information in this simulator or in any other section of this website or videos for making personal financial or non-financial decisions, including, but not limited to, the decision to purchase alternate energy systems, the number of alternate energy systems to purchase each year, making changes to employer tax withholding, and/or making changes to estimated quarterly tax payments, and/or filing a declaration of tax exempt status, and/or any content of filed tax returns with the Internal Revenue Service of the United States and/or with any state or local government. I further understand and agree that I could potentially face IRS, federal, state, or local penalties, interest, or judgments, and potential legal liability to the IRS, United States federal government, or state or local governments , and that I agree to assume full personal and legal responsibility for any potential or actual IRS, United States government, or state or local actions.

I further understand and agree that Sun Power is not a registered or licensed securities dealer, financial advisor, tax advisor, or certified public accountant, and that Sun Power and/or its affiliates have never represented themselves as such and have never recommended the purchase or investment or sale of any publicly traded stock or other financial instrument. Nothing herein or on any Sun Power website or other material shall be deemed to be the offer to sell or recommend securities or otherwise engage in any activity for which licensure is required. I understand and agree that Sun Power is strictly an independent distributor of alternate energy systems and that said party will receive commission compensation derived from alternate energy system purchases as well as commission compensation derived from residual income payments paid to me and to any business associate of Sun Power to the extent permitted by law.

I further understand and agree that by virtue of acknowledging this agreement I am not a sub-contractor, partner, or distributor for Sun Power or have any direct contractual relationship with Sun Power outside the terms and conditions expressly set forth herein, but instead, any distributor agreements that I may have, now or in the future, with respect to alternate energy system purchases would be exclusively with RaPower3, LLC and those legal distributor agreements, not this User Agreement, prevail for those relationships. Further, Sun Power is not a party to those agreements, and is in no way legally liable for any element or clause of any contract or distributor agreement between RaPower3, LLC and me, or between RaPower3 and any other business associate of Sun Power.

I further understand and agree that use of this simulator is for the exclusive use of business associates and special guests of Sun Power for their personal motivational use only, and that my personal use of this simulator or any portion of this website or videos for any other use or by any other party associated with or referred by me is strictly prohibited and protected by U.S. copyright laws, unless provided by and through the expressed legal written consent of Sun Power to me through the extension of a conditional use license agreement to me and/or my registered business entity.

I further understand and agree that this Simulator is intended exclusively for the personal use of each individual because they must input their personal information and assumptions. As such, I understand and agree that I am strictly prohibited from sharing, copying, distributing, posting, or publishing any numbers, projections, or simulations generated by the Simulator with any other person, verbally, in writing, on the internet, in social media, or in electronic mail, or any other media, for any purpose whatsoever, at any time now or in the future, even if I am granted a license agreement, and that breach of this or any other agreement herein constitutes grounds for revoking all my rights pertaining to use of this Simulator, use of this website, and use of any sales tools provided by Sun Power.

I further understand and agree that my execution date of this User Agreement represents the first date that I provide my name and/or email address and click on the submit or acknowledgment tab, not the date of my enrollment in the solar energy program.

I further understand and consent that by providing my name and/or email address, I am certifying my digital signature, and I agree and understand that the physical lack of my digital signature does not relieve me, in any way, from full legal consent to this user agreement. I understand that only a valid email address will gain me access to the simulator, as I will be required to click on a link in the verification email I am sent.

I further understand and agree that I may be required to re-input my email address and/or name and click on the submit or acknowledgment tab again to gain access to the Simulator. The terms for requiring this are: 1) Any changes made by Sun Power to the terms and conditions of the User Agreement; 2) Deletion of my cache memory; 3) My use of a different internet browser to access the simulator. I agree and consent that my original (earliest) execution date for the User Agreement always prevails, except in the event of a change made by Sun Power to the terms and conditions of the user agreement, in which case my new execution date will apply exclusively to the specific changes made, not to any other unaltered content of the User Agreement.

I further understand and agree that I am strictly prohibited from making any changes to this user agreement for purposes of attempted potential personal gain or protection from potential loss, and that any such attempt on my part will be construed as fraud and may be adjudicated accordingly. I agree that I have been requested by Sun Power to make a copy of this User Agreement, as well as any future iterations of the User Agreement I acknowledge, and to store such copy or copies in a safe, secure place.

I further understand and agree that my noncompliance with any clause in this User Agreement may constitute breach of contract and may result in permanent revocation of my access to the simulator and/or revocation of other benefits provided hereforto or hereafter by Sun Power, and that such revocation would not constitute grounds for a refund of any pre-paid fees or funds for such products and/or services.

I further understand and agree to the following arbitration clause in the event of any dispute:

DISPUTE RESOLUTION


Any disputed claim arising out of, or related to, this Agreement or any breach hereof shall be finally settled by arbitration. The arbitration shall be administered by the American Arbitration Association ("AAA") and conducted in English in Salt Lake City, Utah in accordance with the commercial arbitration rules of the AAA. In the event of any conflict between this Agreement and such rules, the provisions of this Agreement shall govern. Upon written notice by the claimant party to the other party of such claimant's intention to arbitrate, each party shall select an arbitrator within ten (10) days of such notice, and within fifteen (15) days after their selection such arbitrators shall select a third arbitrator, who shall serve as chairperson, and the three arbitrators (each of whom shall be fluent in English) shall hear and determine the controversy. If any arbitrator is not appointed within such time limits, then such arbitrator shall be appointed by the AAA. The decision of a majority of the three arbitrators must contain written reasons, and shall be final and incontestably binding upon the Parties and not subject to any fights of appeal. Judgment upon any award may be entered in any competent court. Each Party shall pay all fees and expenses of the arbitrator selected by such Party, and each shall share equally the fees and expenses of the third arbitrator.


All awards made pursuant to any arbitration proceeding conducted hereunder shall be in U.S. dollars, and if an award is made to any claimant which is greater than any amount offered in writing by the opposing party in settlement of such claim or if the opposing party has made no offer of settlement, then the opposing party shall pay all of such claimant's costs and expenses incurred in such arbitration, including reasonable attorneys' fees, as well as all costs of arbitration, including all AAA fees and charges and the fees and expenses of all arbitrators. If no award is made to claimant or the amount of such award is equal to or less than any such amount offered in settlement, then the claimant shall pay the opposing party's costs and expenses incurred in such arbitration, including reasonable attorneys' fees, as well as all such costs of arbitration.


April 1, 2010

Filed Under: GENERAL INFORMATION