ENPHASE ENERGY TERMS OF SERVICE
THE ENPHASE ENERGY WEBSITES ARE http://www.enphase.com (the "Corporate Website"), AND http://enlighten.enphaseenergy.com (the "Enlighten Website"), and http://community.enphaseenergy.com (the “Community Website”) (the Corporate Website, Enlighten Website and Community Website, collectively, the “Websites”). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS FOR THE USE OF THE WEBSITES AND THE SERVICES PROVIDED THROUGH ANY OF THE WEBSITES (SUCH SERVICES, THE “SERVICES” AND SUCH TERMS AND CONDITIONS, THE "TERMS OF SERVICE" OR "TERMS"). BY USING ANY WEBSITE OR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OR YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE PERSON (INCLUDING ANY RESIDENTIAL, ENTERPRISE OR OTHER OWNER OF ENPHASE ENERGY PRODUCTS) YOU NAME AS A USER OF ANY OF THE WEBSITES OR SERVICES (“YOU”). IF YOU DO NOT HAVE SUCH AUTHORITY OR YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE ANY WEBSITE OR SERVICE.
Enphase Energy’s Acceptable Use Policy [http://www.enphase.com/acceptable-use/] is a part of these Terms and is incorporated in these Terms by this reference.
To access and use certain Services, you may be required to agree to certain additional terms and conditions. For example, the Community Service requires agreement to the Enphase Community Terms of Service [http://www.enphaseenergy.com/terms/community_terms.cfm] and those terms will become a part of these Terms on the date you register for the Community Service.
WEBSITE AND WEBSITE CONTENT
The Websites are copyrighted works belonging to, and are owned and operated by, Enphase Energy. The statements, information, diagrams, trademarks, service marks, trade names or other content contained or referenced in the Websites or in any communications we send you (collectively, the "Website Content") are protected by copyright laws throughout the world. Subject to these Terms, we grant you a limited license to reproduce portions of the Website Content for the sole purpose of reviewing the Website Content as an applicant for employment, a current or potential customer, current or potential business partner, current authorized installer of Enphase Energy products, or current or potential investor of Enphase Energy. All copyright and other proprietary notices on any Website Content must be retained on all copies. Any unauthorized reproduction, modification, distribution, or performance of any Website Content is strictly prohibited. Enphase Energy and its licensors reserve all rights not granted in these Terms. There are no implied licenses.
The trademarks, service marks and logos ("Marks") displayed on the Websites are the property of Enphase Energy or the property of other third parties. You are expressly prohibited from using these Marks for any purpose, including use as metatags on other pages or websites, without our prior written consent or the consent of the third party that owns that Mark.
In order to use certain Services, you may be required to create an account with Enphase Energy by registering on the applicable Website (“Account”). By creating an Account and/or using the associated Service, you represent and warrant that (i) you are at least eighteen (18) years of age, (ii) all required registration or other information you submit is truthful and accurate; (iii) you will update and maintain the accuracy of such information; and (iv) your use of the Service will not violate any applicable law, rule or regulation or the terms of these Terms. When you sign up for an Account, you may be asked to choose a user name and password for your Account. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your Account or access to your password. You agree not to (a) use the Account, username or password of any other user at any time; (b) allow or enable any third party to use your Account, username or password (provided that if you are the owner of an Enphase Energy product, the Enphase Energy authorized installer for your Enphase Energy product may assist you in setting up your Account); or (c) sell, rent, borrow, or otherwise transfer your Account, temporarily or permanently, to any third party. You are solely responsible for any and all use of your Account. We reserve the right to suspend or terminate your Account for any (including due to inactivity) or no reason in our sole discretion.
DESCRIPTIONS AND SPECIFICATIONS OF PRODUCTS AND SERVICES
The descriptions and specifications of Enphase Energy products and services on the Websites are subject to change at any time, whether or not reflected in such descriptions or specifications. You agree that descriptions and specifications of products and services on the Websites do not create any obligations or liabilities for Enphase Energy. We may modify, suspend or discontinue any or all of the Websites and/or Enphase Energy products or services (including the Services) at any time, for any or no reason, in our sole discretion.
THE WEBSITES, WEBSITE CONTENT, AND SERVICES ARE PROVIDED STRICTLY ON AN "AS IS" AND “AS AVAILABLE” BASIS, AND THERE ARE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ACCURACY, SYSTEM INTEGRATION, TIMELINESS OR SATISFACTORY QUALITY. WE DO NOT WARRANT THAT USE OF ANY WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEBSITES, WEBSITE CONTENT OR SERVICES WILL BE CORRECTED, THAT OUR WEBSITES, SERVICES, OR WEBSITE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE OR CURRENT. WE MAKE NO WARRANTY THAT OUR WEBSITES, SERVICES, OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO OUR WEBSITES, SERVICES, OR WEBSITE CONTENT, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF YOUR FIRST USE OF THE APPLICABLE WEBSITE OR SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR NETWORK OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY WEBSITE CONTENT. ENPHASE ENERGY DOES NOT PROVIDE ANY WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ACCURACY, SYSTEM INTEGRATION, TIMELINESS OR SATISFACTORY QUALITY, REGARDING ITS PRODUCTS IN THESE TERMS.
LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, ENPHASE ENERGY HAS NO LIABILITY FOR INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THESE TERMS OR ANY OF THE WEBSITES, WEBSITE CONTENT, OR PRODUCTS AND SERVICES PROVIDED HEREUNDER EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITES, WEBSITE CONTENT, OR PRODUCTS OR SERVICES, OR FROM YOUR RELIANCE ON ANY OF THE WEBSITES, WEBSITE CONTENT, OR PRODUCTS OR SERVICES. IN NO EVENT SHALL OUR AGGREGATE CUMULATIVE LIABILITY WITH RESPECT TO THESE TERMS OR ANY OF THE WEBSITES, WEBSITE CONTENT, OR PRODUCTS AND SERVICES PROVIDED HEREUNDER EXCEED ONE HUNDRED U.S. DOLLARS (100 USD). THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THIRD PARTY CONTENT
Website Content may include links to third party websites and other materials and content from third parties (including other users) (collectively, “Third Party Content”). Enphase Energy does not investigate, monitor, or review any Third Party Content and is not in any way responsible for the accuracy, form, or content of, or any products or services advertised or promoted in, or your reliance upon, any Third Party Content. However, Enphase Energy reserves the right, in its sole discretion, to delete any or all Third Party Content at any time for any or no reason and with or without notice, in our sole discretion. We do not approve or endorse any Third Party Content, including any product or service advertised or promoted in such Third Party Content and you agree that you access Third Party Content solely at your own risk, including the risk of infecting your computer or computer network with malware, viruses, worms or other computer problems. Third party websites accessed from links on any Website are subject to their own terms and policies, including privacy and data gathering practices.
AUTOMATED UPDATES OF SOFTWARE
The Enlighten Service to which you subscribe, may automatically download and install updates (including bug fixes) from time to time from Enphase Energy. These updates (including bug fixes) are intended to improve your experience in using the Enlighten Service and Enlighten Website. You agree to receive such updates (including bug fixes) from Enphase Energy as part of your use of the Enlighten Service and Enlighten Website.
RESTRICTED USE BY UNITED STATES GOVERNMENT
Enphase Energy’s information is provided with and subject to "Restricted Rights." Any use, disclosure or duplication by the U.S. Government is subject to restrictions in accordance with FAR 52.227-14 and DFAR 252.227-7013, et seq., or their successors. Use of Enphase Energy's information by the U.S. Government constitutes acknowledgement of Enphase Energy's sole proprietary rights in them.
Security is a high priority for Enphase Energy, and we make reasonable efforts to protect your Account. However, no company, including Enphase Energy, can fully eliminate security risks connected to handling data on the Internet and you acknowledge, understand and agree that we cannot and do not guarantee the security of your Content while it is transmitted over the Internet or stored on our Services.
You agree to indemnify and hold Enphase Energy, our affiliates, officers, employees, agents, partners and other users, harmless from and against any and all loss, cost (including attorneys’ fees), liability, damage, and expense arising from or relating to any claim or demand made by any third party (including other users) arising out of or related to (i) your use of any of the Websites, Services, or Website Content, your violation of these Terms, or your violation of any rights of any third party or (ii) Your Content.
To the extent permitted under applicable law, you hereby release Enphase Energy from any liability related to: (i) any incorrect or inaccurate Website Content, whether caused by any user of any Service or Website or by any of the equipment or programming associated with or utilized in the Services or in the provision of the Websites; (ii) the conduct, whether online or offline, of any user of any Service or Website; (iii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or Website Content on account of technical problems or traffic congestion on the Internet or at any Website, or combination thereof, including injury or damage to any person’s computer related to or resulting from participating or downloading materials in connection with the Services or Websites; (iv) any loss or damage caused by or in reliance upon any Website Content or content transmitted by and to users, or any interactions between users of any Service or Website, whether online or offline; and (v) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Website, Service, or user communication.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
It is Enphase Energy’s policy to remove, or disable access to, material that infringes any copyright from the Websites or through the Services after we have been notified by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on any Website or through the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) an identification of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Websites or Services; (d) your address, telephone number, and e-mail address; (e) 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 law; (f) 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. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Attention: Enphase Energy Copyright Agent
Enphase Energy, Inc.
1420 N. McDowell Blvd
Petaluma, CA 94954
These Terms are subject to occasional revision, and if Enphase Energy makes any substantial changes to these Terms, we will notify you by prominently posting notice of the changes on the Websites or sending you an e-mail to the address that you provided for your Account. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on the Websites. These changes will be effective immediately for new users of the Websites or Services. If you do not agree to the changes, you must cease your use of the Websites and Services. By using any of the Websites or Services, you agree to be bound by any such changes and, therefore, you should periodically visit the Websites to examine the then-current Terms of Service. Please note that at all times you are responsible for updating any e-mail address that you have provided to us for your Account. If the e-mail address you have provided to us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.
These Terms and any action related to these Terms are governed by the laws of the State of California, United States of America, without giving effect to any conflicts of laws principles that would require the application of the law of a different state or jurisdiction. Venue and jurisdiction for any claims arising from these Terms shall be in a federal court in the Northern District of California having jurisdiction or in the California state courts in Sonoma County, California. By using any of the Websites or Services you consent to the personal jurisdiction and venue of these courts.
These Terms constitute the entire agreement between you and Enphase Energy regarding your use of the Websites and Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. As used in these Terms, the word “including” means “including but not limited to.” You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from us, in violation of United States export laws or regulations. Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign this Agreement without restriction.
QUESTIONS OR CONCERNS
If you have any questions or concerns regarding these Terms, please contact us at firstname.lastname@example.org.
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