This document explains the terms that apply to your use of the Digital Platforms, including the use of the Nu Solar Power website at www.NuSolarPower.com, our monitoring site and application, and our applications. This Agreement is a legally binding contract between you and Nu Solar Power.
Please note that in order to use the interactive features (if any) of the Digital Platforms, and to the extent you are eligible to access such features, you may be required to first register for an account with us through an online registration process, which is not transferrable.
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1. Your use of Digital Platforms
When you use the Digital Platforms, you represent and warrant the following:
You also represent and warrant that you will comply with all applicable local laws governing your online conduct and your uploading of Contributions (as defined in Section 2 below) to the Digital Platforms.
2. Rules governing all public contributions, forums and other interactive features
3. Grant of license to us to use your Contributions
By making a Contribution to the Digital Platforms, which includes any data generated relating to your solar installation on our through our monitoring application, you grant us a perpetual, non-exclusive (meaning you remain free to license your Contribution to others), fully-paid up, royalty-free (meaning we are not required to pay you for our use of your Contributions), sub-licensable (meaning that we can grant others the right to use your Contributions, for example, a company hosting the Digital Platforms) and worldwide (because the Internet and the Digital Platforms can be accessed from anywhere in the world) license to use, modify, create derivative works of, publicly perform and display, reproduce, communicate, commercialize, and distribute the Contributions without any further compensation, attribution, or notice to you. You agree not to assert any moral rights or rights of publicity against us for using your Contributions. You also recognize our legitimate interest in using your Contribution, in accordance with the scope of this license, to the extent your Contributions contain any personal information.
Feedback and Suggestions – If you provide any suggestions, product improvements, enhancement requests, recommendations or other feedback (collectively “Feedback”) relating to any of the Digital Platforms, you grant us a perpetual, non-exclusive, fully-paid up, royalty-free, sub-licensable, and worldwide license to use, modify, create derivative work of, publicly perform and display, reproduce, communicate, commercialize and distribute such Feedback without any further compensation, attribution or notice to you. You agree not to assert any moral rights or rights of publicity against us for using your Feedback, and you recognize our legitimate interest in using your Feedback, in accordance with the scope of this license, to the extent it contains any personal information.
4. Use and protection of your account number and password
You are responsible for keeping secret and confidential any account numbers and passwords you may have when registering for an account on the Digital Platforms. You are responsible for all uses of your account(s), whether or not actually or expressly authorized by you. We may restrict or limit account registration to eligible users only.
5. Our intellectual property rights
The Digital Platforms and all of the content on the Digital Platforms (“materials“), the trademarks, service marks, and logos contained on the Digital Platforms (“marks“), are owned by or licensed to us and are subject to copyright and other intellectual property rights under applicable national laws and international conventions. We reserve all rights not expressly granted under this Agreement or any separate written agreement in and to the Digital Platforms, the content and the Materials and Marks. You may download or print a copy of the materials available through the Digital Platforms for your own personal use, such as uses related to the purchase, installation, maintenance, and support of Nu Solar Power products, but you must retain all copyright, trademark and other proprietary notices contained in and on the materials. You MAY NOT use the materials for any purpose that is commercial in nature. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Digital Platforms or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Digital Platforms or the materials on the Digital Platforms. You further agree not to access the Digital Platforms by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.
6. Our management of the Digital Platforms and user misconduct
7. Term, termination and survival
This Agreement, as updated or amended from time to time, shall remain in full force and effect while you use the Digital Platforms.
We may terminate or suspend your account (and any related accounts) and your access to any Digital Platforms at any time, for any reason, and without advanced notice. If we do so, you do not have a contractual or legal right to continue to use the Digital Platforms.
If you have an account you may terminate it at any time, for any reason, by contacting Solar@NuSolarPower.com. If your access to Digital Platforms is terminated, either by you or Nu Solar Power, you may lose any information associated with your account, including the ability to retrieve materials contained in the account.
The terms of this Agreement will remain in effect even after your access to the Digital Platforms is terminated, including by Nu Solar Power, or your use of the Digital Platform otherwise ends.
If you upload material or otherwise do anything in relation to our Digital Platforms that infringes our copyright or the copyright of others, we may, without prejudice to our rights set out at Section 6 (Our Management of the Digital Platforms and User Misconduct), terminate your account and access rights to the Digital Platforms. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on this Site infringes upon your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Act Notice designated agent as set forth below:
Houston, TX 77079,
9. Updates to the Digital Platforms and this Agreement and Discontinuation of Digital Platforms and related services
The material and information available on the Digital Platforms may become out of date at any given time and we are under no obligation to update the contents of the Digital Platforms.
Nu Solar Power reserves the right to change, suspend or discontinue any aspect of the Digital Platforms at any time, for any reason. We will not be liable to you for the effect that any changes to the Digital Platforms may have on you, including on your business, income, or ability to generate revenue.
We may modify this Agreement from time to time. We will contact registered users if we do so, which is why it is important that you notify us immediately if your email address changes. If you are a registered user, you may be asked to click to accept the new agreement the next time you log on to the Digital Platforms in order to be able to use the Digital Platforms. We will also put any revised versions of this Agreement on the Digital Platforms. It is therefore important that you regularly check the Digital Platforms.
10. Third Party Sites
The Digital Platforms may contain links to other websites (“Third Party Sites”). We do not own or operate the Third-Party Sites, and we have not reviewed the material, including goods or services, made available through Third Party Sites. The availability of these links on the Digital Platforms does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.
11. Disputes between users
You are solely responsible for your conduct when accessing and using the Digital Platforms. You agree that we cannot be liable for any dispute that arises between you and any other user.
12. Disputes with us: governing law and jurisdiction
13. Warranties and Limitation of Liability
Contributions, information and other materials made available on the Digital Platforms, whether by Nu Solar Power or other users of the Digital Platforms, are not intended to amount to advice on which reliance should be placed. WE THEREFORE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY USER OF OR VISITOR TO THE DIGITAL PLATFORMS, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
By operating the Digital Platforms, we do not represent or imply that we endorse any Contributions or any other materials available on or linked to by the Digital Platforms, including without limitation, content hosted on Third Party Sites, or that we believe such Contributions or any other materials are complete, accurate, useful or non-harmful. We do not promise any specific results from the use of the Digital Platforms. No advice or information, whether oral or written, obtained by you from us or the Digital Platforms shall create any warranty not expressly stated in this Agreement.
ALL DIGITAL PLATFORMS, INCLUDING THE CONTENT, INFORMATION OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE DIGITAL PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND (TO THE FULLEST EXTENT PERMITTED BY LAW) WITHOUT WARRANTY (EXPRESS OR IMPLIED) OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE DIGITAL PLATFORMS AND YOUR USE OF IT DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE DIGITAL PLATFORMS, THE CONTENT OF ANY SITE LINKED TO THE DIGITAL PLATFORMS, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE DIGITAL PLATFORMS. WE DO NOT GUARANTEE THAT: (I) THE DIGITAL PLATFORMS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (III) ANY DEFECTS OR ERRORS WILL BE CORRECTED; AND/OR (IV) THE RESULTS OF USING THE DIGITAL PLATFORMS WILL MEET YOUR EXPECTATIONS. YOU USE THE DIGITAL PLATFORMS SOLELY AT YOUR OWN RISK. DATA GENERATED OR REFLECTED IN THE DIGITAL PLATFORMS RELATING TO THE POWER OUTPUT OR PERFORMANCE OF YOUR SOLAR SYSTEM IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CREATE ANY RIGHT, CLAIM, WARRANTY OR CAUSE OF ACTION FOR YOU OR YOUR BENEFIT. SOLAR SYSTEM INFORMATION REFLECTED IN THE DIGITAL PLATFORMS IS NOT A GUARANTY OF PERFORMANCE OR PRODUCTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE INCONSISTENT WITH APPLICABLE LAW.
WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE DIGITAL PLATFORMS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL PLATFORMS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL PLATFORMS.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE OR ANY OTHER LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT OR INDIRECT LOSS OF REVENUE OR PROFIT, BUSINESS INTERRUPTION OR LOSS OF DATA ARISING FROM YOUR USE OF THE DIGITAL PLATFORMS AND ANY CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT AVAILABLE ON THE DIGITAL PLATFORMS OR OTHERWISE ARISING IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY. IN NO EVENT SHALL NU SOLAR POWER’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU PAID NU SOLAR POWER FOR THE DIGITAL PLATFORMS IN THE LAST TWELVE (12) MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Liquidated damages for spam
You acknowledge and agree that spam is harmful to a site, service or network and causes injury, including damage to reputation and goodwill, which is difficult to measure. As a pre-estimate of our anticipated loss, you agree to pay us $200 (USD) for each unsolicited commercial email or other unsolicited communication that you send from, to, or through the Digital Platforms.
15. You indemnify us
You agree to indemnify and hold us, our subsidiaries, affiliates, related entities and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, that arises out of your use of the Digital Platforms, any breach of this Agreement, or your infringement of someone else’s rights.
16. Linking to our website
You may link to our website home page, provided you do so in a way that is fair, accurate, 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.
You must not establish a link to our website in any website that is not owned by you.
Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.
We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our section 2 (Rules governing all public contributions, forums and other interactive features).
If you wish to make any use of content on our site other than that set out above, please contact us at the email address set out in section 19 (Contact us).
18. Contact us
Houston, TX 77079,
Last Updated on January 1, 2021