PVPower Inc. Terms of Service
Welcome to PVPower Inc. - pvpower.com and the PVPower Inc. Kiwi (the "Website"), produced and established by PVPower Inc. In addition to the content on the Website, the Website provides services, including, but not limited to, configuring and designing renewable energy design systems, systems for energy production, tools for assessing financial return and proposal generation services (the "Services"). By using the Website and the Services, you are accepting the terms and conditions described in these Terms of Service. If you do not agree to these Terms of Service, please do not use the Website and exit immediately. We reserve the right to modify or amend these Terms of Service at any time without notice. Your continued use of the Website following the posting of changes to these Terms of Service constitutes your acceptance of such changes.
Copyright and Ownership
All elements of the Website, including without limitation the general design, content, organization and compilation of the material on the Website are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights and may not be reproduced, distributed, transmitted, displayed, published, framed, posted, broadcast, or sold in any form or by any means, in whole or in part, without the prior written of PVPower Inc. or in the case of third party materials, the owner of that content. The Services, data and the Website may only be used for the intended purpose for which such Website, data and Services are being made available. You may not disassemble, decompile or reverse engineer the Website. The Website, data and all related rights shall remain the exclusive property of PVPower Inc. or its licensors unless otherwise expressly agreed. You may not remove any copyright, trademark or other proprietary notices from material found on this Website. You must comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and the Services.
Organizational Identification & Trademarks
All trademarks, service marks and trade names of PVPower Inc. and its partners and licensors used herein (including without limitation the name, logo, and the associated designs and logos (collectively "Marks") are trademarks or registered trademarks of PVPower Inc. or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without the prior written consent of PVPower Inc. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a link on or to any other website unless establishment of such a link is approved by PVPower Inc. in advance.
Right to Block Access
PVPower Inc. may, at its discretion, disable a user's account and otherwise prevent that user from using our Services. PVPower Inc. may also block your access to the Website in the event that (a) you breach these Terms of Service; or (b) we believe that your actions may cause financial loss or legal liability for you, our users or PVPower Inc.
You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur by use of your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights or business). Please note that anyone able to provide your personally identifiable information will be able access your account. You should, therefore, take reasonable steps to protect this information.
Intellectual Property Ownership
PVPower Inc. alone (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the PVPower Inc. technology, the content and the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services. These Terms of Service do not constitute a sale and do not convey to you any rights of ownership in or related to the Services, the PVPower Inc. technology or the intellectual property rights owned by PVPower Inc. The PVPower Inc. name, logos, and the product names associated with the Services are trademarks of PVPower Inc. or third parties, and no right or license is granted to use them.
In some cases we may partner with another company who provides services within our Website, and during such transactions you will be transacting directly with our partner. On these pages, the transactional partner's brand will be clearly visible, and their terms of service will be posted. When using these partner pages, you will be bound by the partner terms of service as well as the PVPower Inc. Terms of Service. When there is a conflict between the PVPower Inc. Terms of Service and partner terms of service, the PVPower Inc. Terms of Service shall govern.
Links to Third Parties
This Website may contain hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by PVPower Inc., or any affiliation with, or endorsement by, the owner of the linked website. PVPower Inc. is not responsible for the contents or use of any linked website or any consequence of making the link.
Kiwi Referral Program
Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to (i) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (ii) bypass any measures we may use to prevent or restrict access to the Website.
Disclaimer; No Warranty
Your use of this Website including all functions, content, material and Services are at your own risk and with the knowledge that PVPower Inc. will not be liable to the user for any damages as a result of use of the Website. The Website and Services should not be relied upon for advice. Any and all information generated by the Website, including, but not limited to, solar panel and inverter data, weather data, system configurations, designs, and calculations, are intended to serve as guides only. The design of a renewable energy system should be undertaken only by a trained and qualified engineer and in compliance with any and all applicable codes. WE PROVIDE OUR WEBSITE, ALL CONTENT, FUNCTIONS AND MATERIAL ON THE WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. PVPOWER INC. DOES NOT WARRANT THAT THE FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE HOWEVER ARISING, OR YOUR USE THEREOF, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF PVPOWER INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH EVENT THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PVPOWER INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS ($25.00).
You agree to defend, indemnify and hold PVPower Inc. and any affiliated company, their officers, directors, employees, agents and suppliers harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms of Service by you or your authorized users, or in connection with the use of the Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users or your violation of any law or the rights of a third party.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any principles of conflicts of laws. Any dispute relating in any way to your use of the Website shall be submitted to confidential and binding arbitration in Chicago, Illinois, except that, to the extent you have in any manner violated or threatened to violate PVPower Inc.'s intellectual property rights, PVPower Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of Illinois or elsewhere in its sole discretion, and you consent to exclusive jurisdiction and venue in such courts. We do not guarantee continuous, uninterrupted or secure access to the Website or Services. Operation of the Website may be interrupted by numerous factors outside our control. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service may be automatically assigned by PVPower Inc. in its sole discretion. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.