Welcome to our website (this "Site")! This Site is operated by SunPower Corporation ("SunPower") and allows you to view content and participate in interactive features that we make available on the Site from time to time. This document explains the terms that apply to your use of this Site (the "Agreement").
By accessing or otherwise using this Site, you accept and agree with SunPower to be bound by the terms of this Agreement and the following documents which are incorporated into this Agreement by reference:
Please note that in order to use the interactive features of the Site, you must first register with us through the on-line registration process on this Site.
1. Your use of this Site
When you use this Site, you represent and warrant that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; (c) your use of this Site and your use of services available on this Site do not breach any applicable law or regulation; (d) you are 18 years of age or older; and (e) you will comply with our rules governing the use of the interactive features of this Site as set out in Section 2 below.
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 below) to this Site.
a) own or have sufficient rights to post or submit your Contribution on or through this Site;
b) will not post Contributions that infringe any rights of SunPower or any other person, including intellectual property and other proprietary rights, confidentiality rights and contractual rights or obligations;
c) have fully complied with any third party licences relating to your Contributions and agree to pay all royalties, fees and other monies owed to any person by reason of Contributions that you have posted or submitted on or through this Site;
d) will not post or submit Contributions that:
i. are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable;
ii. incite, encourage or threaten immediate physical harm against another, including but not limited to Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or
iii. contain material that solicits or attempts to solicit personal information from anyone under 18 or exploits anyone in a sexual or violent manner;
e) will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services);
f) will not use this Site for any unauthorised purpose, including but not limited to collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in framing of, or linking to, this Site without our express written consent;
g) will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
h) will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including without limitation, hacking into this Site, or using the Site to send unsolicited or commercial emails, bulletins, comments or other communications; or
i) will not impersonate any other person or entity, sell or let others use your password or registration for this Site, provide false or misleading identification or address information, or invade the privacy or breach a personal, confidentiality or proprietary right, of any person or entity.
We may need a licence from you to use your Contributions on this Site or elsewhere. By making a Contribution to this Site, you grant us a perpetual, non-exclusive (meaning you remain free to licence your Contribution to others), fully-paid, 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 our Site) and worldwide (because the Internet and this Site can be accessed from anywhere in the world) licence to use, modify, create derivative works of, publically perform and display, reproduce, communicate and distribute the Contribution.
You are responsible for keeping secret and confidential any account numbers and passwords you may have when registering for an account on this Site. You are responsible for all uses of your account(s), whether or not actually or expressly authorised by you.
All of the content on this Site ("Materials"), the trademarks, service marks, and logos contained on this Site ("Marks"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and other national laws and international conventions. We reserve all rights not expressly granted in and to this Site and the Materials and Marks. You may download or print a copy of the Materials for your own personal use but you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of this Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of this Site or the Materials on this Site. You further agree not to access this Site by any means other than through the interface that we provide, unless otherwise specifically authorised by us in a separate written agreement.
6.1 Our Site Management
We may, but are not required to: (a) monitor or review this Site for breaches of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who breaches this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may breach this Agreement, the law or any of our policies or are excessive in size or burdensome; and/or (d) manage this Site in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of this Site.
6.2 Data Use and Sharing
We require the ability to use data from the monitoring system which is displayed through our solar installation monitoring website and share this data with relevant third parties to provide monitoring and reporting services. The data may include, for example, energy production information, fault information, as well as hardware and software information. Third parties may include the system installer, operations and maintenance providers, governmental regulatory agencies, or a utility company. We may also provide data in aggregated form (in a form where the source cannot be identified) to third parties who are not connected to the monitored system, such as government agencies and research firms.
6.3 Our Right to Suspend or Terminate Access
Without limiting any other provision of this agreement, we reserve the right to, in our sole discretion and without notice or liability deny access to and use of this Site and/or any account for this Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this agreement, or of any applicable law or regulation. If the need arises, we may also move this Site to another domain or close this Site indefinitely.
6.4 Risk of Harm
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretences. Please choose carefully the information you post on this Site and that you give to other Site users. You are discouraged from publicly posting the following information on this Site: your full name, telephone numbers and street addresses. Contributions and other information that others upload or post to this Site are not pre-moderated. Despite the prohibitions contained in this Agreement, such Contributions and other information may be offensive, harmful or inaccurate and may be mislabelled or deceptively labelled. You assume all risks associated with viewing such content and dealing with other users with whom you come in contact through this Site. We expect that you will use caution and common sense when using this Site.
This Agreement shall remain in full force and effect while you use this Site. You may terminate your use or participation at any time, for any reason, by contacting firstname.lastname@example.org. Upon termination of your Site account for any reason, you will no longer be able to retrieve materials contained in or accessed via your account. Even after your use and participation is terminated, this Agreement will remain in effect, including sections: 1-3, 5-8 and 10-17.
If you upload material or otherwise do anything in relation to our Site that infringes our copyright or the copyright of others, we may terminate your account and access rights to this Site.
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 copyright infringement notice to us by following the instructions on our DMCA Policy page.
The Internet and technology are rapidly changing. The material and information available on this Site may become out of date at any given time and we are under no obligation to update the contents of this Site.
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 this Site in order to be able to use the interactive portions of this Site. We will also put any revised versions of this Agreement on this Site with a notice advising of the change. It is therefore important that you regularly check this Site for any announcements about revisions.
This Site 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 this Site 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.
You are solely responsible for your conduct when accessing and using this Site. You agree that we cannot be liable for any dispute that arises between you and any other user.
Any dispute arising in relation to your access and use of this Site shall be governed by the laws of England (exclusive of its choice of law provisions) and you and we agree to submit to the exclusive jurisdiction of the English courts. The convention for the international sale of goods shall not apply.
Contributions, information and other materials made available on our Site, whether by SunPower or other users of this Site, are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
All information or any other materials or items provided through this Site are provided "as is" and "as available" and (to the fullest extent permitted by law) without warranty or conditions of any kind. By operating this Site, we do not represent or imply that we endorse any Contributions or any other materials available on or linked to by this Site, including without limitation, content hosted on Third Party Sites, or that we believe such Contributions or any other materials are accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from the use of this Site. No advice or information, whether oral or written, obtained by you from us or this site shall create any warranty not expressly stated in this Agreement. You agree that your use of this Site and its services will be at your sole risk. 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 this Site and your use of it.
We make no warranties or representations about the accuracy or completeness of this Site's content, the content of any Third Party Site linked to this Site, Contributions, information or any other items or materials on this Site or linked to by this Site. 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 unauthorised 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 this Site, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through this Site 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 this Site.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these jurisdictions, the above limitations or exclusions may not apply to you.
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 any direct or indirect loss of revenue or profit arising from your use of this Site and any contributions, materials or any other content available on this Site 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.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
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 $50 for each unsolicited commercial email or other unsolicited commercial communication that you send from, to or through this Site.
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, made by any third party due to or arising out of your use of this Site, Content or Materials in breach of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
17.1 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
17.2 Independent Contractors. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
17.3 No Third Party Beneficiaries. This Agreement is between you and us. There are no third-party beneficiaries to this Agreement and the Contracts (Rights of Third Parties) Act 1999 shall not apply this Agreement.
17.4 Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17.5 Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
17.6 Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
17.7 Assignment. You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition.
This Agreement was last updated on: December 01, 2011.