Terms of Use

Last Updated: April 1, 2022

Solar Informatics, Inc (“Solar Informatics”) operates the website at https://solarinformatics.com (the “Site”) subject to these terms of use (the “Terms”). These Terms describe the rules for using the Site, including all subsidiary webpages and access to any optimized version of the Site via a wireless device, and are legally binding between you, the person using this Site, and Solar Informatics. Terms such as “we,” “our” and “us” refer to Solar Informatics. Use of the SolarAMPS™ Platform and mobile application are governed by the separate Terms of Service available within the SolarAMPS platform.

By accessing and using the Site, you agree to be bound by these Terms. We may update these Terms at any time, and such updated versions will be posted on the Site. By continuing to use this Site after the Terms are updated and posted, you consent to any such updated version of these Terms.

To understand our practices regarding collection, use, and storage of information received through our Site, please read our Privacy Policy.

Copyright Notice

Use of Site Content

The content on the Site is intended to provide general information about Solar Informatics and its affiliates and our projects and offerings relating to renewable energy solutions. All content on the Site, including text, graphics, icons, logos, and images and their selection and arrangement (collectively “Site Content”), is the exclusive property of Solar Informatics or, if applicable, our licensors, and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

Solar Informatics may, in its sole discretion, suspend or discontinue the Site or any Site Content at any time without notice. Solar Informatics gives you permission to access, download, display and print one copy of the Site Content for your personal or internal business use, provided that you do not modify any Site Content and that you retain all copyright and proprietary notices contained in the materials. You may not otherwise “mirror,” reproduce, modify, distribute, transmit, post, or use the Site Content in any other media without Solar Informatics’ prior written consent.

Trademarks

SolarAMPS™, Solar Informatics™ and the Solar Informatics logo are the trademarks of Solar Informatics. The Site may display other trademarks and logos that are the trademarks of Solar Informatics and/or its affiliates. Any third party trademarks, service marks, logos and trade names used on the Site belong to their respective owners and are used with permission and for identification purposes only. Nothing on this Site grants any license or right to use any trademarks or other intellectual property displayed on the Site. Solar Informatics and its affiliates prohibit the use of the Solar Informatics trade name or trademarks for advertising or marketing purposes, including displaying them on websites or in press releases, without Solar Informatics’ written permission.

Translations

If any Site Content is made available in languages other than English, the translations may be done by a person or solely by computer software without review. Any translations are provided as a convenience and Solar Informatics makes no representations regarding the accuracy or completeness of the translations however provided.

Links to Third-Party Websites

Our Site may provide links to third-party websites. Any links to third party websites do not constitute an endorsement for such sites or their content by Solar Informatics. The providers of any websites other than our Site are responsible for their websites and you should review and understand any terms of use and privacy policies that govern your use of the websites that you visit.

Additionally, if you access a non-Solar Informatics website that includes a Solar Informatics trademark, for example the website of a Solar Informatics partnering organization or client, please understand that such websites and their content are not controlled, operated or endorsed by Solar Informatics.

Feedback

Unless otherwise described in our Privacy Policy, if you choose to provide us with any feedback, suggestions, or similar communications, all such communications (“Feedback”) will be considered non-personal, non-confidential and nonproprietary. You hereby grant Solar Informatics a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback, in whole or in part, and including all intellectual property rights therein.

User Postings on Site

From time to time, the Site may have certain sections that allow you to post or otherwise publish materials on the Site. While Solar Informatics reserves the right to reject or remove any content or posting, in whole or in part, for any reason in its discretion, Solar Informatics does not and cannot review all information posted to the Site by users and is not responsible for such content. You agree that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would violate the law or the rights of other parties; (c) infringe the intellectual property, privacy, or other rights of other parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Solar Informatics shall own and have the unrestricted right to use, publish, and otherwise exploit any and all content that you post on the Site and you hereby waive any claims against Solar Informatics for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Solar Informatics’ use and publication of such submissions.

Disclaimers

While we strive to maintain the Site as accurate and up-to-date, the Site Content may include inaccurate or outdated information or information about services or functionality that are no longer available. Solar Informatics does not warrant the accuracy or reliability of any statement or information made available on or through the Site.

THE SITE AND ALL SITE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOLAR INFORMATICS AND ANY THIRD PARTY PROVIDERS OF SITE CONTENT MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, ADEQUACY OF THE SITE, OR SITE CONTENT.

Indemnification and Limitation of Liability

You agree to defend, indemnify, Solar Informatics and its subsidiaries, affiliates, officers, directors, employees and agents as well as any third party providers of Site-related services or Site Content (“Site-Related Parties”), harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms or your use or misuse of the Site Content or Site.

YOU AGREE THAT NONE OF THE SITE-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR SITE CONTENT. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS THE SITE–RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL CUMULATIVE LIABILITY OF THE SITE-RELATED-PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $1.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE SITE-RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE SITE OR CONTENT ARE EXCLUDED EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU USE THIS SITE AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THIS SITE OR THE SITE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Dispute Resolution

These Terms are governed by the laws of the State of Minnesota without reference to the principles of conflicts of laws thereof and excluding the UN Convention on Contracts for the International Sale of Goods. You agree that the only proper jurisdiction and venue for any dispute with Solar Informatics relating to your use of this Site, is in the state and federal courts in the State of Minnesota. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving Solar Informatics or its employees, officers, directors, agents and providers. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of this Site, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action.

General Terms

If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Terms shall remain enforceable. The failure to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent.

These Terms and the Privacy Policy constitute the sole and entire agreement between you and Solar Informatics regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Contact Us

If you have any questions about these Terms or the operation of the Site, you may contact us at info@solarinformatics.com