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industry-standard Web
browser, download and view the Content for your personal use. You must
not use the Website in any manner or for any purpose which is unlawful
or in any manner which violates any right of SolarMission or which is prohibited by the Terms of Use.
User
license to SolarMission
By placing any information or other material on the Website (including
posting messages, uploading files, inputting data or engaging in any
other form of communication), you grant to SolarMission a perpetual,
royalty-free, non-exclusive, irrevocable, unrestricted, worldwide
license to do the following in respect of the information or material:
1. use, copy, sublicense, redistribute,
adapt, transmit, publish and/or broadcast, publicly perform or
display, and
2. sublicense to any third parties the
unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right
to exploit all proprietary rights in any such information or other
material including but not limited to rights under copyright,
trademark, service mark or patent laws under any jurisdiction
worldwide. You expressly waive in favor of SolarMission and any other
party authorized by SolarMission all moral rights and any similar
rights in any jurisdiction which you may have or hereafter acquire in
respect of any relevant communication or other material. At the
request and expense of SolarMission, you will execute and deliver to
SolarMission such instruments and take such other actions as may be
required to carry out this grant of license and waiver.
Links to
third party websites
The Website contains hyperlinks and other pointers to Internet
websites operated by third parties. These linked websites are not
under the control of SolarMission, and SolarMission is not responsible
for the contents of any linked web or any hyperlink contained in a
linked website. SolarMission provides these hyperlinks to you as a
convenience only, and the inclusion of any link does not imply any
endorsement of the linked website by SolarMission. You link to any
such website entirely at your own risk.
Disclaimer
and limitation of liability
The Trade Practices Act and similar State and Territory Legislation in
United States of America may confer rights and remedies on you in
relation to the provision by SolarMission of goods or services on the
Website which cannot be excluded, restricted or modified ("Non-excludable
Rights"). SolarMission does not exclude any Non-excludable Rights
but does exclude all other conditions and warranties implied by
custom, law or statute.
Except as provided for by the
Non-excludable Rights: a) all Content is provided "as is" and without
warranties of any kind, either express or implied, b) SolarMission and
its suppliers expressly disclaim all warranties of any kind including
but not limited to implied warranties of merchantability and fitness
for a particular purpose, c) SolarMission does not warrant that the
functions contained in any Content or your access to the Website will
be uninterrupted or error-free, that any defects will be corrected or
that the Website or the server which stores and transmits Content to
you are free of viruses or any other harmful components, d)
SolarMission does not warrant or make any representation regarding
your access to, or the results of your access to, the Website
(including any related or linked websites) or any Content in terms of
correctness, accuracy, timeliness, completeness, reliability or
otherwise, and e) you (and not SolarMission ) assume the entire cost
of any necessary verification, maintenance, repair and/or correction
of any relevant Content.
Under no circumstances (including but
not limited to any act or omission on the part of SolarMission ) will
SolarMission be liable for any indirect, incidental, special and/or
consequential damages or loss of profits whatsoever which result from
any use or access of, or any inability to use or access, the Website
or any Content.
To the fullest extent permitted by law,
SolarMission's liability for breach of any implied warranty or
condition which cannot be excluded is limited at the option of
SolarMission to, in the case of services supplied or offered by
SolarMission, (a) the supply of the services again, or (b) the payment
of the cost of having services supplied again; and in the case of
goods supplied or offered by SolarMission, (c) the replacement of the
goods or the supply of equivalent goods, (d) the repair of such goods,
(e) the payment of the cost of replacing the goods or acquiring
equivalent goods, or (f) the payment of the cost of having the goods
repaired.
Termination
The Terms of Use are effective until terminated by SolarMission, and
SolarMission may terminate this agreement and your access to the
Website at any time without notice. In the event of termination, you
are no longer authorized to access the Website, but all restrictions
imposed on you, licenses granted by you and all SolarMission
disclaimers and limitations of liability set out in the Terms of Use
will survive.
Miscellaneous
SolarMission relies on your continued observance of these Terms of
Use. If SolarMission suffers any loss or damage or incurs any costs in
connection with any breach of these Terms of Use or any other legal
obligation then you agree to indemnify SolarMission for those losses,
damages and costs.
This agreement will be governed by and
construed in accordance with the laws of the United States of America.
You irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of the United States of America. If any
provision of this agreement is found to be invalid or unenforceable by
a court of law, such invalidity or unenforceability will not affect
the remainder of the agreement, which will continue in full force and
effect.
All rights not expressly
granted herein are reserved.
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