Last updated: August 3, 2023
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Wolf River Electric Terms and Conditions
Wolf River Electric provides users with a wide selection of pricing quotes and installation services for solar and electrical services. Users may also participate in advertising campaigns, take quizzes and surveys, use various services and products, and use information under (“Services”) provided by Wolf River Electric and DayLightTools
You agree to pay for all services provided by WRE in accordance with the payment terms outlined in your contract with WRE. All payments are due in full upon receipt of invoice unless otherwise specified in your contract with WRE. Late payments may be subject to additional fees or penalties as outlined in your contract with WRE.
Mobile Terms of Service
The wolfriverelectric.com mobile messaging service (the “Service”) is facilitated by wolfriverelectric.com (“WolfRiverElectric”, “we”, or “us”). Your engagement with the Service implies your acceptance of these terms and conditions (“Mobile Terms”). We reserve the right to alter or terminate the Service or its features without prior notice. Subject to applicable laws, we may also amend these Mobile Terms anytime, with your continued use of the Service post the effective date of changes signifying your agreement to such changes.
By agreeing to WolfRiverElectric’s SMS/text messaging service, you consent to receive recurring SMS/text messages from us, via your wireless provider, to the mobile number you provided. This applies even if your mobile number is listed on any state or federal Do Not Call lists. These text messages may be transmitted using an automatic telephone dialing system or other technology. Service-related messages can include updates, alerts, and information (like order updates, account alerts, etc.). Promotional messages might encompass promotions, specials, and other marketing offers (such as cart reminders).
Please note that signing up for this program isn’t a prerequisite to make any purchases, and your agreement isn’t a precondition of any purchase with WolfRiverElectric.com. Your involvement in this program is purely voluntary.
While we don’t impose any charges for the Service, you will be accountable for all charges and fees related to text messaging levied by your wireless provider. The frequency of messages varies. Message and data rates could apply. Please check your mobile plan and reach out to your wireless provider for more details. You bear sole responsibility for all charges connected to SMS/text messages, including those from your wireless provider.
You possess the right to opt-out of the Service at any point. To do so, text the single keyword command STOP or click the unsubscribe link (where available) in any text message to cancel. Upon doing so, you’ll receive a one-time opt-out confirmation text message. No additional messages will be forwarded to your mobile device, unless initiated by you. If you have subscribed to other WolfRiverElectric.com mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the provided instructions in their respective mobile terms, except where applicable law states otherwise.
For Service support or assistance, email email@example.com.
We reserve the right to alter any short code or telephone number we employ for the Service at any moment and will keep you updated about these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a changed short code or telephone number may not be received and we won’t be held responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not responsible for delayed or undelivered messages. You commit to providing us with a valid mobile number. If you change your mobile number, you will need to rejoin the program with your new number.
Subject to applicable laws, you agree that we hold no liability for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take relying on the information or Service.
We respect your privacy rights. For details on how we collect and use your personal information, please refer to our Privacy Notice.
SMS terms and conditions example
Wolf River Electric SMS/MMS Program Terms & Conditions
Program description: When opted-in, you will receive text messages (SMS/MMS) to your mobile number. These kinds of messages may include [response to a quote, estimate, or service inquiry, real-time texts to ask and answer questions about our services and pricing, appointment scheduling and confirmations, feedback requests, project updates, follow up].
Program frequency: You can expect to receive 15 messages per month from us.
Opt out: You can opt out of this service at any time. Just text “STOP” to the phone number. After you text “STOP” to us, we will send you an SMS reply to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time or text “START,” and we will start sending SMS messages to you again.
Help: If you are experiencing any issues, you can reply with the keyword HELP. Or, you can get help directly from us at [link to your contact page on your website].
Interruption: Carriers, such as AT&T, are not liable for delayed or undelivered messages.
Costs: Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, please contact your wireless provider.
CONSENT TO FUTURE COMMUNICATIONS AND EMAIL OFFERS
THE SERVICES ARE PROVIDED “AS IS” AND UNDER THESE TERMS AND CONDITIONS, Wolf River Electric IS NOT SUBJECT TO WARRANTIES, EITHER IMPLIED OR EXPRESSLY STATED (OF ANY KIND), INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES WITH REGARD TO SUITABILITY, MERCHANTABILITY, FOR A SPECIFIC PURPOSE AND/OR VIOLATION.
PARTICIPANTS AGREE TO USE THE SERVICES AT THEIR OWN RISK. Wolf River Electric MAKES NO WARRANTIES OR GUARANTEES THAT THE SERVICES OR Wolf River Electric WILL BE WITHOUT ERROR OR NOT BE INTERRUPTED. PARTICIPANTS AGREE THAT THEY BEAR RESPONSIBILITY FOR ANY DAMAGES INCURRED AS A RESULT OF ANY USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, Wolf River Electric, AND CONTENT ARE PROVIDED TO PARTICIPANTS ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS.
THIRD-PARTY SERVICES DISCLAIMER
ANY COMMUNICATIONS, TRANSACTIONS, OR DEALINGS WITH THIRD-PARTY SERVICES ARE NOT THE RESPONSIBILITY OF Wolf River Electric(INCLUDING, BUT NOT LIMITED, TO ANY SERVICES USED BY SPONSORS, AFFILIATES, CO-REGISTRATION, AND INTEGRATED CONTENT). PARTICIPANT AGREES THAT Wolf River Electric IS NOT LIABLE IN ANY WAY FOR DAMAGES OR COSTS AS A RESULT OF ANY USAGE OF THIRD-PARTY SERVICES, INCLUDING, WITHOUT LIMITATION, FEES ASSOCIATED WITH TELECOMMUNICATIONS, SURCHARGES, REGISTRATION FEES, AND SUBSCRIPTION CHARGES, AS WELL AS ATTORNEYS’ FEES AND COURT EXPENSES INCURRED AS A RESULT OF LITIGATION.
Limitation Of Liability
Wolf River Electric WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES TO HARDWARE, SOFTWARE FAILURES, DATA FAILURES, LOSS OF PROFITS, DAMAGE TO GOODWILL, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, DAMAGE AS A RESULT OF ACTS OF GOD, OR OTHER LOSSES.
THE MAXIMUM TOTAL LIABILITY OF Wolf River Electric TO YOU FOR ANY AND ALL CLAIMS UNDER THESE TERMS AND CONDITIONS (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS ONE HUNDRED UNITED STATES DOLLARS ($100 USD).
UNDER THESE TERMS AND CONDITIONS, PARTICIPANTS AGREE TO THE STATED PROVISIONS AND ASSUME THE RISK FOR USE OF THE SERVICES. THE LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND OTHER CLAUSES DISCLAIM ANY RESPONSIBILITY OF Wolf River Electric FOR DAMAGES INCURRED. ALL PROVISIONS STATED IN THESE TERMS AND CONDITIONS ARE INDEPENDENT OF OTHER PROVISIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify, and hold Company, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners, and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney’s fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any content you provide or transmit through the Services, (iii) your conduct in connection with the Services or our users, (iv) your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules, or regulations.
Governing Law And Dispute Resolution
This agreement shall be governed by Minnesota law without regard to conflicts-of-law principles thereof. Any dispute arising out of this agreement shall be resolved through binding arbitration conducted in Isanti County, Minnesota pursuant to Minnesota law.
ARBITRATION OF DISPUTES
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN YOU AND US OR ANY OF OUR AFFILIATED ENTITIES OR OURS OR THEIR AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, OR ASSIGNS ARISING FROM OR RELATING TO THESE TERMS, ITS INTERPRETATION, OR THE BREACH, TERMINATION OR VALIDITY HEREOF, OR THE RELATIONSHIPS WHICH RESULT FROM THESE TERM (INCLUDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RELATIONSHIPS WITH THIRD PARTIES WHO ARE NOT SIGNATORIES TO THIS AGREEMENT), SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION in Isanti County, Minnesota pursuant to Minnesota law, as modified by these Terms. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. This Section is subject to the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA), as amended. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitration proceeding will be limited solely to the dispute or controversy between you and us. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY WITH RESPECT TO ANY SUCH CLAIM. Nothing in this Section shall be deemed to prohibit Company from seeking an injunction or other equitable relief in any court of competent jurisdiction to protect or preserve Company’s or Company’s licensors’ rights in and to intellectual property or confidential information.
If any provision contained herein is held invalid or unenforceable by a court having competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained herein and such invalid provision shall be deemed modified so as to have effect as nearly as possible consistent with the original intention expressed herein.
All service marks, trademarks, logos, trade names, slogans, and domain names that appear on or in connection with the Services are the property of Wolf River Electric or its affiliates, licensors, or licensees. You may not copy, sell, re-sell, reproduce, display, or use any of these trademarks without the prior written consent of Wolf River Electric.
The data, data feeds, content, organization, graphics, designs, and other material featured on Wolf River Electric or provided through the Services (the “Copyrighted Material”) are protected under applicable U.S. and international copyright, trademark, and other intellectual property laws. The Copyrighted Material is either owned by or licensed to Wolf River Electric. It is forbidden to copy, sell, re-sell, reproduce, display, or use the Copyrighted Material without the prior written consent of Wolf River Electric. All rights are reserved.
“Applicable Law” means applicable laws, regulations, judicial decisions and guidance from supervisory authorities; “Personal Information” has the meaning given to it in Applicable Law and for purposes of this Addendum shall include all Personal Information received by Company from Client or on its behalf in connection with the Agreement; “Processing” (and associated terms) have the meanings given to them under Applicable Law.
Processing of Personal Information solely for Client’s benefit. Company will Process Personal Information only in accordance with: (a) this Addendum; (b) any other written instructions from Client provided that such instructions comply with Applicable Laws; and (c) good industry practice.
A. Scope of Processing. Subject Matter of Processing: The context for the Processing of Personal Information is the Company’s provision of Services under the Agreement.
B. Duration of Processing: The Processing will begin on the effective date of the Agreement and will end upon the expiration or termination of the Agreement.
C. Nature and Purpose of Processing: Wolf River Electric specializes in electrical services. The client, as a client of Wolf River Electric, uses the Services to process Personal Information of its customers or contacts for marketing and sales purposes. Wolf River Electric stores the Personal Information on its servers and processes such Personal Information only for the purposes of, and in accordance with, the instructions of Client and does not make any decisions itself as to the use, updating, or deletion of Personal Information.
DATA PROCESSING ADDENDUM This Data Processing Addendum (“Addendum”) supplements the Terms of Service, located at https://wolfriverelectric.com/wpautoterms/terms-and-conditions/ (the “Agreement”), between the Client identified in the signature block below (“Client”) and Wolf River Electric, Inc (“Company”), is dated the later of (i) May 25, 2015 or (ii) the date of last signature of a party below, and is hereby incorporated by reference into the Agreement. All capitalized terms not otherwise defined in this Addendum will have the meaning given to them in the Agreement. In the event of any inconsistency or conflict between this Addendum and the Agreement, this Addendum will govern. Client and Company agree as follows:
1. Personal Information. In connection with providing the Services, Company will be Processing Personal Information on behalf of Client. “Personal Information” means information that relates, directly or indirectly, to an identified or identifiable person (a “Data Subject”), which may include names, email addresses, postal addresses, or online identifiers, that Client provides or submits in connection with using the Services. Specific categories of Personal Information that Company will Process in connection with the Agreement are set forth in Schedule 1 (Scope of Processing). As between Client and Company, all Personal Information is the sole and exclusive property of Client.
2. Company and Client Responsibilities. The parties acknowledge and agree that: (a) Company is a processor of Personal Information under Applicable Law (defined below); (b) Client is a controller of Personal Information under Applicable Law; and (c) each party will comply with the obligations applicable to it under Applicable Law with respect to the Processing of Personal Information.
3. Company Responsibilities. As part of the Services, Company will use commercially reasonable efforts to Process Personal Information. “Process” or “Processing” means any operation or set of operations which is performed on Personal Information, whether or not by automated means, such as the access, collection, use, storage, disclosure, dissemination, combination, recording, organization, structuring, adaption, alteration, copying, transfer, retrieval, consultation, disposal, restriction, erasure and/or destruction of Personal Information. The company will use commercially reasonable efforts to:
a) Process Personal Information solely in accordance with Client’s documented instructions;
(b) Process Personal Information in accordance with laws, rules, and regulations that apply to Company’s provision, and Client’s use, of the Services, including the General Data Protection Regulation (EU) 2016/679 (“GDPR,” and collectively, “Applicable law”);
(c) not disclose or otherwise make available in any form any Personal Information to any third party without first, except to the extent prohibited by Applicable Law, (i) notifying Client of the anticipated disclosure (so as to provide Client the opportunity to oppose the disclosure and obtain a protective order or seek other relief); (ii) obtaining Client’s prior consent to the disclosure; and (iii) imposing contractual obligations on the third party recipient that are at least equivalent to those obligations imposed on Company under this Addendum;
(d) amend, correct, or erase Personal Information at Client’s written request and provide a means for Client to update and make accurate Personal Information Processed by Company;
(e) notify Client of any third party request (by a Data Subject or otherwise) to (i) restrict the
Processing of Personal Information; (ii) port Personal Information to a third party; or (iii) access,
rectify, or erase Personal Information. Company will use commercially reasonable efforts to assist Client, at Client’s reasonable written request, in complying with Client’s obligations to respond to requests and complaints directed to Client with respect to Personal Information Processed by Company;
(f) at the reasonable written request of Client, cooperate and assist Client in conducting a data protection impact assessment;
(g) ensure that Company personnel Processing Personal Information are subject to obligations of confidentiality; and
(h) keep all Personal Information compartmentalized or otherwise logically distinct from other information of Company or its personnel, suppliers, customers or other third parties.
Company will use commercially reasonable efforts to inform Client if Company becomes aware or reasonably suspects that Client’s instructions regarding the Processing of Personal Information may breach any Applicable Law.
4. Primer Partners. The company will not engage another processor to process Client’s Personal Information without authorization from Client. Company will be responsible to Client for any material failure of such processor to fulfill Company’s data protection obligations as set forth in this Agreement. Client hereby provides its general written authorization for Company’s use of Primer Partners to Process Personal Information on behalf of Client, including those identified at https://wolfriverelectric.com/premier-partners/, which may be updated from time to time by Company. Client consents to any such updates.
5. Data Transfers. The company will use commercially reasonable efforts not to transfer or cause to be transferred, any Personal Information from one jurisdiction to another without Client’s prior written consent. Where Client consents to such transfer, the transfer will be in accordance with Applicable Law. The company has certified its compliance to the EU-U.S. Privacy Shield Framework Principles (collectively, the “Principles”) with the U.S. Department of Commerce (the “Department”). The company will provide commercially reasonable assistance to Client in responding to requests from the Department or other applicable data protection regulators in the U.S. and European Union related to compliance with the Principles. Upon request of the Department, Company may disclose the terms of this Addendum to the Department.
6. Security Safeguards. The company will use commercially reasonable efforts to implement and maintain appropriate technical and organizational measures consistent with industry standards to protect and ensure the confidentiality and integrity of Personal Information.
7. Records and Audits. The company will keep at its normal place of business records of its Processing of Client Personal Information. At Client’s reasonable request and with advance written notice, Company will use commercially reasonable efforts to make available to Client such records and information as is necessary to demonstrate its compliance with Applicable Law with respect to Personal Information and allow Client or an independent third party to conduct an audit to verify such compliance. Any such audit will be conducted (a) on reasonable advance written notice to Company; (b) no more than once per year; (c) during Company’s standard business hours; and (d) in such a manner to minimize disruption to Company’s operations. Any information provided by Company in connection with such audit must be protected as Company’s confidential information subject to a separate non-disclosure agreement entered into between Company and the recipient of such information before such audit. To request an audit, Client must submit a detailed audit plan at least 90 days in advance of the proposed audit date describing the proposed scope, duration, and start date of the audit. The client will bear the costs of such audit.
8. Security Breach. If Company has actual or constructive notice of any actual or potential Security Breach (defined below), Company will take commercially reasonable efforts to, without undue delay: (a) notify Client of the Security Breach and any third-party legal processes relating to the Security Breach; (b) help Client investigate, remediate, and take any necessary action regarding the Security Breach and any dispute, inquiry, investigation, or claim concerning the Security Breach; and (c) provide Client with assurance that such Security Breach will not recur. “Security Breach” means any unauthorized access to Company owned or controlled networks or systems where Personal Information resides or any misuse or unlawful or accidental loss, destruction, alteration, or unauthorized Processing of Personal Information under Company’s possession or control. This obligations in this Section do not apply to incidents that are caused by Client or Client’s personnel or users.
9. Return or Destruction of Personal Information. Upon written request by Client or when Company no longer is required to Process Personal Information to fulfill its obligations under the Agreement, Company will use commercially reasonable efforts to (a) cease all use of Personal Information; and (b) return all Personal Information to Client or, at Client’s option, destroy all Personal Information and all copies thereof, except to the extent that Company is required under Applicable Law to keep a copy of Personal Information for a specified period of time.
10. DISCLAIMER. COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THIS ADDENDUM IS LEGALLY SUFFICIENT TO MEET CLIENT’S NEEDS UNDER APPLICABLE LAW, INCLUDING THE GDPR. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, THROUGH A COURSE OF DEALING, OR OTHERWISE THAT THIS ADDENDUM WILL COMPLY WITH OR SATISFY ANY OF CLIENT’S OBLIGATIONS UNDER APPLICABLE LAW, INCLUDING THE GDPR. CLIENT FULLY UNDERSTANDS THAT IT IS SOLELY RESPONSIBLE FOR COMPLYING WITH ALL OF ITS OBLIGATIONS IMPOSED BY APPLICABLE LAW. THE PARTIES AGREE THAT THERE WILL BE NO PRESUMPTION THAT ANY AMBIGUITIES IN THIS ADDENDUM WILL BE CONSTRUED OR INTERPRETED AGAINST THE DRAFTER.
Types of Personal Information:
The Personal Information concern the following categories of data: contact details including name, address, telephone or mobile number, fax number and email address; date of birth;; details of goods and/or services which customers/potential customers purchased or enquired about; IP address; place of employment; occupation; personal interests; age; and other Personal Information collected and provided by Client in connection with Client’s use of the Services.
The company is committed to full compliance with the Digital Millennium Copyright Act of 1998, as amended (“DMCA”), at all times and maintain a repeat offender policy which may result in the termination of your right to use the Services if you violate such policy. If you believe that your work has been copied, posted or otherwise made available through the Services in a way that constitutes copyright infringement, please notify our DMCA Copyright Agent of your complaint, as set forth in the DMCA. Please consult the DMCA to confirm these requirements. You must provide our DMCA Copyright Agent with the following information in writing, to the extent required by the DMCA: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed (or, if multiple copyrighted works on a site are covered by a single complaint, a representative list of the allegedly infringing works on the site); (c) identification of the material that is claimed to be infringing and to be removed, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice and complaint is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please be aware that the foregoing information in your complaint may be forwarded to the person who provided the allegedly infringing content. The foregoing information must be submitted to Company’s DMCA Copyright Agent as follows:
Wolf River Electric
101 Isanti Parkway Northeast Suite G
Isanti, MN 55040
Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you believe that your material has been mistakenly removed or disabled, you may submit a counter notice by notifying our DMCA Copyright Agent at the address provided above. Pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Categories of Data Subjects:
The Personal Information transferred concerns the following categories of data subjects: customers and prospective customer of Client and other marketing contacts determined by Client in connection with Client’s use of the Services.
D. Security of Processing. Company will implement technical and organizational measures to protect Personal Information against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the Personal Information in accordance with applicable law.
E. Amendments to this Addendum. Company may update this Addendum from time to time provided that such amendment shall not have retroactive effect on the processing of Personal Information already collected prior to such amendment taking effect.
F. Governing Law and Dispute Resolution. This Addendum is subject to Applicable Law and any dispute in relation hereto shall be governed by the laws of the United States as well as Minnesota State law where Wolf River Electric is based
Contact Details for Data Protection:
If you have any questions or concerns regarding the processing of Personal Information by Wolf River Electric, please contact us at:
Wolf River Electric
101 Isanti Parkway Northeast Suite G
Isanti, MN 55040
If you have any questions about these Terms, please contact us.