PLEASE CAREFULLY READ THESE TERMS. IF YOU DO NOT ACCEPT THEM IN THEIR ENTIRETY, THEN PLEASE DO NOT USE ACCESS OR USE THIS WEBSITE.
- Proprietary Rights. The contents of this Site are protected by copyright and trademark law. Any use of Site contents is prohibited, except as provided in these Terms. Unless otherwise noted, the Site, all such content, software (downloadable and software as a service), names, marks and logos, both registered and unregistered, are owned by or licensed to SLP (collectively “Site Material”). Site Material that does not belong to SLP is instead owned by third party owners, and SLP claims no rights in them.
- Rights SLP Grants You. SLP grants you a limited, revocable, non-exclusive and non-transferable license to view and download available content from the Site, provided that you fully comply with these Terms. You agree to retain all copyright, trademark and other proprietary notices contained in any material you obtain from the Site and to attribute ownership to SLP, or a different owner if indicated. Unless otherwise stated, you may not sell, modify, reproduce, display, distribute, or otherwise use the Site in any way for any commercial purpose. You agree that you will not copy or reproduce any Site Material to imply an endorsement by SLP or relationship with SLP unless specifically authorized to do so.
- Content Provided by Users. We welcome you providing and sharing information on this Site but you should not provide any information you consider confidential or proprietary. With respect to any information you do provide, you grant SLP a non-exclusive, perpetual, royalty-free, freely transferable license to use, practice, exploit, modify and sublicense such information everywhere, for any purpose whatsoever, commercial or otherwise. Such information will not be treated as confidential unless the webpage through which you provide it expressly states otherwise. You are exclusively responsible and liable for the accuracy and completeness of any information you provide. We reserve the right to delete any information you post on this Site that SLP, in its sole discretion, determines is inaccurate, inappropriate, violates the law or is otherwise inconsistent with SLP’s policies and purposes. Unless otherwise specified, you waive all rights to claim that SLP infringed on your proprietary rights, intellectual property rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the information you provide through the Site.
- Prohibited Uses. SLP imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site including, without limitation, (i) accessing content or data not intended for you or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (iv) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; or (v) attempting to modify, reverse-engineer, decompile, disassemble, create derivative works, alter or exploit and Site Materials or source code. You are also prohibited from: (vi) attempting to impersonate SLP personnel or any other person or entity; (vii) selling, assigning or transferring your right to use any aspect of the Site in any way; or (viii) using the Site in a manner that violates any law, regulation or other governmental directive. Any violation of the Terms shall immediately terminate the limited license granted herein and may subject you to civil and/or criminal liability. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Site Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Site Materials.
- Disclaimer of Warranties. SLP strives to provide and maintain accurate Site Material and to keep the Site operational. However, inaccuracies and typographical errors may exist and use of the Site may be interrupted from time to time. SLP makes no representations about the accuracy, reliability, completeness, or timeliness of the Site Material or the results obtained from using the Site. SLP makes no representation or guaranty that the Site is or will be free from malfunctions, bugs, malware, viruses or other harmful computer programs. Use of the Site Material is at your own risk. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SLP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND OF FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. IN NO EVENT WILL SLP BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR LINKS ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SLP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. “DAMAGES” INCLUDES, BUT IS NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. SLP WOULD NOT PERMIT YOU TO USE THE SITE WITHOUT YOUR AGREEMENT TO THE SECTIONS ENTITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY.” THEY ARE A FUNDAMENTAL ELEMENT OF THIS AGREEMENT.
- Links and Affiliated Websites. The Site contains links to websites and content owned and/or controlled by others. You acknowledge and agree that SLP makes no representations, endorsements or guarantees about, and shall have no liability or responsibility for, the security, safety, accuracy, currency, content, quality or functionality of such third-party websites and content, and that, unless the third-party website expressly provides otherwise, these Terms shall govern your use of any and all third party content.
- Indemnity. You agree to indemnify, defend, and hold harmless SLP, its officers, directors, employees, consultants, agents, and representatives from any and all third party claims, liability, damages, and/or costs (including reasonable attorney fees) arising from your access to or use of the Site in violation of these Terms, or the infringement of any intellectual property right by you or any other user of your account. SLP will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- One Year Limit. Regardless of any contrary statute or law, you agree that any claim or cause of action you may have against SLP that actually or is alleged to arise out of your use of the Site or these Term must be filed within one year after such claim or cause of action arises or be forever barred and precluded.
- Governing Law. These Terms and your use of the Site shall be construed in accordance with and governed by the laws of the United States and the State of California, without regard to their rules regarding conflicts of law. You irrevocably consent to the exclusive jurisdiction of the state or federal courts in Alameda County, California, USA in all disputes arising out of or related to the use of the Site or these Terms. Your use of or access to the Site shall not be construed as SLP purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California. Before seeking legal recourse for any harm you believe you suffered from the Site, you will to send SLP written notice via U.S. Mail that specifies the harm, and you will provide SLP 30 days from that date to resolve the harm before initiating any legal action. These Terms are the entire agreement between you and SLP and supersede all prior discussions or agreements about this Site. The representations made by you and sections entitled proprietary rights, disclaimer of warranties, limitation of liability, indemnification, one year limit, and governing law shall survive any termination of these Terms.
- Miscellaneous. If any provision of these Terms are held to be invalid or unenforceable, the offending provision shall be struck and the remaining provisions shall be enforced. If you download or otherwise acquire any software or other products or services through the Site, then you may become subject to additional terms and conditions and/or license agreement(s) governing your use of such items. SLP’s failure to insist upon strict performance of any of these Terms will not be deemed a waiver of its right to insist upon strict performance. SLP may assign its rights and obligations under these Terms at any time and without notifying you.
- Contact. If you have any questions concerning these Terms or the Site, please contact Sun Light & Power, 1035 Folger Avenue, Berkeley, CA 94710, TEL. (510) 845-2997, FAX. (510) 845–1133.