BOVIET SOLAR | TERMS OF USE AGREEMENT

This website (the “site” or “website”) is operated by Boviet Solar USA, Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Boviet Solar USA, Ltd. Boviet Solar USA, Ltd. offers this website, including all information, tools and services available from this site to you, the user (“you”, “your” and “user”), conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By using or visiting https://www.boviet-solar.local/ or its affiliated, or linked sites (a “Website” or the “Websites”), or any content, functionality and services offered on or through any of the Websites, whether as a guest or a registered user, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you signify your agreement to these Terms of Service and our Privacy Policy, and incorporated herein by reference. 

These Terms of Service apply to all users, including users who are also contributors of Content, of any of the Websites, web pages, interactive features, embeddable player, uploader and other applications, widgets, blogs, social networks, social network “tabs”, or other online or wireless offerings that post a link to these Terms of Service, whether accessed via computer, mobile device, or other technology, manner, or means.

“Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, textual content, and other materials which may be viewed, uploaded, published, submitted, made available, displayed, communicated, or posted on, or transmitted to other users or other person or access through, a website.

If you do not agree to any of these terms of Service or our Privacy Policy, please do not access or use any of the Websites.

You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.

Capacity to Accept Terms of Service

You affirm that you are at least eighteen (18) years of age or the age of majority in the jurisdiction you are accessing a Website from and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under eighteen (18) years old or the applicable age of majority, you may not use any of the Websites. You also represent and warrant that the jurisdiction from which you access a Website does not prohibit the receiving or viewing of sexually explicit content or materials.

Modifications to the Terms of Service

We reserve the right to modify or amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of a Website following any changes to these Terms of Service will signify your agreement to and acceptance of such revised terms.

Any updated version of the Terms of Service supersedes all prior versions immediately upon being posted and the prior version(s) shall have no continuing legal effect. You should periodically review the most up-to-date version of the Terms of Service found at www.bovietsolar.com

The Websites

The Websites may contain links to third-party sites that are not owned or controlled by the Websites or their operator. The Websites have no control over, and assume no liability or responsibility for, the content, privacy policies, or practices of any third-party sites. In addition, the Websites will not and cannot censor or edit the content of any third-party sites. By using any of the Websites, you expressly relieve us from all liability arising from your use of any third-party sites. Accordingly, we encourage you to be aware when you leave the Websites and to read the terms, conditions, and privacy policies of each other site that you visit.

You understand and acknowledge that when you are using any of the Websites, you may be exposed to content from a variety of sources, and that the Websites are not responsible for the accuracy, usefulness, safety, or intellectual property rights of such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive and release, any legal or equitable rights or remedies you have or may have against any of the Websites, or their owners or operators, with respect thereto, and agree to indemnify and hold the Websites, their site operator, their parent companies and their respective members, affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of any of the Websites.

Communication Preferences

By using any of the Websites, you expressly consent to receiving electronic communications from us relating to the Website and your account therewith. These communications may involve sending emails to your email address provided during registration, or posting communications on the Websites, or in the “My Account” or “My Profile” page and may include notices about your account (such as upcoming payment notifications, change in password or payment method, confirmation emails and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also expressly consent to receiving certain other communications from us, such as newsletters about new features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, you will need to avail yourself of the unsubscribe mechanism set out in the applicable communication.

Accessing the Websites and Account Security

We reserve the right to withdraw or amend any of the Websites, and any service or material we provide on the Websites, in our sole discretion, without notice to you. We will not be liable if, for any reason, all or any part of a website is unavailable at any period of time. From time to time, we may restrict access to certain portions of a website, or the entire Website, to users.

You are responsible for making all arrangements necessary for you to have access to the Websites and ensuring that all persons who access any of the Websites through your internet connection are aware of these Terms of Service and comply with them, in full.

To access the Websites or particular portions thereof, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is accurate, current and complete. You agree that all information you provide to register with the Websites, or otherwise, including but not limited to through the use of any interactive features on the Websites, is governed by our Privacy Policy found here, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

If you choose, or are provided with, a username, password or any other piece of information as part of our security protocols, you must treat such information as confidential, and you must not disclose it to any other person. You are fully responsible for all activities that occur under your username or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites or portions of the Websites using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security by contacting us at marketing.global@bovietsolar.com. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although the Websites will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Websites or others due to such unauthorized use, and we reserve the right to enforce any such liability.

If you interact with us or with any third-party service providers, and you provide information, including, but not limited to, account, credit card or other payment information, you agree that all information that you provide will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Websites over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply, and you are solely responsible therefore.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Intellectual Property

The Websites and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Websites, such as trademarks, service marks, names, or logos associated with third party content providers, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks, or logos.

The inclusion of images or text containing the trademarks or service marks or the name or likeness of any person, including any celebrity, does not constitute an endorsement, express or implied, by any such person, of the Websites or vice versa. 

The Websites and certain materials available on or through the Websites are content we own, authored, created, purchased, or licensed (collectively, our “Works“). Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and the Websites.

You may not reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the Websites and Works or any adaptations thereof.

If the Websites allow you to download or otherwise copy our Works, you are not buying or being gifted copies thereof. Instead, you are licensing a limited, revocable, non-sublicensable, non-transferable and non-exclusive right to possess and use the copies for personal, non-commercial use, subject to specific terms and conditions (the “Download License“). Under this Download License you may not thereafter reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Websites and/or Works or any adaptations thereof unless expressly set forth herein. Such conduct would exceed the scope of your Download License and constitute copyright infringement. At the expiration of your Download License or the termination of these Terms of Service, you will delete or otherwise dispose of all copies of Works in your possession.

Use of Websites

You agree that you will only use the Websites and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use the Websites and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.

You agree that you will view the Websites and their content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying the Websites or eliminating any of the content of the Websites, including advertisements. By using the Websites, you expressly agree to accept advertising served on and through the Websites and to refrain from using advertisement-blocking software or to disable advertisement-blocking software before visiting the Websites.

Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Websites and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by the Websites for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Websites’ operator or the respective licensors of the Content. The Websites and their licensors reserve all rights not expressly granted in and to the Websites and the Content.

Monitoring and Enforcement; Termination

We have the absolute right, but not the obligation, to:

• Remove or refuse to post any Content you submit or contribute to the Websites for any reason, or no reason, in our sole and absolute discretion.
• Monitor any communication occurring on or through the Websites to confirm compliance with these Terms of Service, the security of the Websites, or any legal obligation.
• Take any action with respect to any Content posted by you that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public, or could create liability for us.
• Disclose your personally identifying information or other information about you to any third-party who claims that Content posted by you violates their rights, including their intellectual property rights, or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Websites.
• Terminate or suspend your access to all or part of the Websites for any or no reason, including without limitation, any violation of these Terms of Service.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Websites. YOU WAIVE AND HOLD US HARMLESS AND OUR SITE OPERATORS, THEIR PARENT CORPORATION, THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.

To maintain our services in a manner we deem appropriate for our venue and to the maximum extent permitted by applicable laws, the Websites may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept, or remove any Content posted (including, without limitation, private messages, public comments, public group chat messages, private group chat messages, or private instant messages) by you, and we may, in our sole discretion, delete, move, re-format, remove, or refuse to post or otherwise make use of Content without notice or any liability to you or any third party in connection with our operation of the Websites in an appropriate manner. Without limitation, we may do so to address Content that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal, or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Service or any applicable additional terms, including, without limitation, the Content restrictions set forth herein.

However, we do not undertake to review Content before it is posted on the Websites and cannot ensure prompt removal of objectionable Content after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Copyrights and Other Intellectual Property

The Websites operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here. If you believe that any Content violates your copyright, please see our Copyright Policy here for instructions on sending us a notice of copyright infringement. As part of our Copyright Policy, the Websites will terminate user access to the Websites if, under appropriate circumstances, a user has been determined to be a repeat infringer. 

The Websites are not in a position to mediate trademark disputes between users and trademark owners. Accordingly, we encourage trademark owners to resolve any dispute directly with the user in question or seek any resolution in court or by other judicial means. If you are sure you want to report content on the Websites that you believe infringes your trademark, you can do so by contacting marketing.global@bovietsolar.com. The Websites are willing to perform a limited investigation of reasonable complaints and will remove content in clear cases of infringement. Only the trademark owner or their authorized representative may file a report of trademark infringement. Please note that we regularly provide the rights owner’s name, your email address and the details of your report to the person who posted the content you are reporting. This person may contact you with the information you provide. 

Reliance on Posted Content

The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any posted information or content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.

The Websites include Content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Websites

We may update the content on the Websites from time to time, but their content is not necessarily complete or up to date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.

Information about You and Your Visits to the Websites

All information we collect on the Websites is subject to our Privacy Policy located here. By using the Websites, you acknowledge that you have read and understand the terms of the Privacy Policy and that you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Collection and Use of Your Usage Information by Advertisers and Third Parties

The Websites allow others to display advertisements using the Websites. These third parties use technology to deliver advertisements you see using the Websites directly to your browser. In doing so, they may automatically receive your IP, or “Internet Protocol”, address. Others that place advertising using the Websites may have the ability to use cookies and/or web beacons to collect information, including information about your usage of the Websites. We do not control the processes that advertisers use to collect information. However, IP addresses, cookies and web beacons alone generally cannot be used to identify individuals, only machines. Therefore, advertisers and others whose advertisements or content may be provided through the service generally will not know who you are unless you provide additional information to them, by responding to an advertisement, by entering into an agreement with them, or by some other means.

Linking to the Websites and Social Media Features

You may link to the Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Websites may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on the Websites; (ii) send emails or other communications with certain content, or links to certain content, on the Websites; (iii) cause limited portions of content on the Websites to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: (x) cause the Websites or portions of the Websites to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or (y) otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms of Service. The sites from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

Links from the Websites

If the Websites contain links to other sites and resources provided by third-parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assume no responsibility for, the contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting the use or installation of any third-party site, applications, software, content, or advertising does not imply approval or endorsement thereof by us. If you decide to access any of the third-party sites linked to the Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such sites. Further, you agree to release us from any and all liability arising from your use of any third-party website, content, service, or software accessed through the Websites. Your communications or dealings with, or participation in promotions of, sponsors, advertisers, or other third-parties found through the Websites, are solely between you and such third parties. You agree that the Websites shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings with such sponsors, third-parties or advertisers, or as the result of their presence on the Websites.

Permitted Disclosures of Personal Information

The Websites generally do not collect personally identifiable information unless you submit or communicate Content through the Websites or register with us in order to use certain features of the Websites. The Websites will not disclose any personally-identifiable information they collect or obtain except: (i) as described in these Terms of Service or our Privacy Policy; (ii) after obtaining your permission to a specific use or disclosure; (iii) if the Websites are required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement) and may in our sole discretion advise you of such process or request; (iv) as required to protect the Websites’ property, safety, or operations, or the property or safety of others; or (v) to a person that acquires the Websites, or the assets of the Websites’ operator in connection with which such information has been collected or used; or (vi) as otherwise required by law. If the Websites are required to respond to or comply with any of these information requests, we reserve the right to charge you with the cost of responding to or complying with such information request, including, but not limited to, costs of research, copies, media storage, mail, and document delivery, as well as any applicable legal fees. The Websites will have access to all information that you have submitted or created for as long as reasonably required to comply with or investigate any information requests, or to protect the Websites. To enforce these Terms of Services, to protect intellectual property rights, to comply with legal processes and the law, and to protect the Websites, you agree to allow the Websites to access your information.

Indemnification of Us

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Websites, their site operator, their parent companies, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third-party. This defense and indemnification obligation will survive these Terms of Service and your use of the Websites. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation, but you shall not resolve or settle any claim in such as way as to impose any liability upon any indemnified party.

Disclaimers

YOU USE THE WEBSITES AT YOUR SOLE RISK. WE PROVIDE THE WEBSITES “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITES, THEIR SITE OPERATOR, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITES AND GOODS OR SERVICES PURCHASED AND OBTAINED THROUGH THE WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITES. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES OR THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES OR OUR SERVICES. THE WEBSITES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND, THE WEBSITES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

IN NO EVENT SHALL THE WEBSITES, THEIR SITE OPERATORS AND OWNERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES OR SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITES OR SERVICES, AND/OR (VII) INTERACTIONS YOU HAVE WITH THIRD-PARTY ADVERTISEMENTS OR SERVICE PROVIDERS, OR THIRD-PARTY SITES, FOUND ON OR THROUGH THE WEB SITES, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, POLICIES, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WEBSITES OR THEIR SITE OPERATOR ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THE WEBSITES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

YOU FURTHER ACKNOWLEDGE THAT ANY CONTENT UPLOADED TO THE SITE MAY BE VIEWED, DOWNLOADED, REPUBLISHED, AND DISTRIBUTED – POTENTIALLY IN VIOLATION OF YOUR RIGHTS OR THIS AGREEMENT – AND THAT YOU ASSUME SUCH RISKS AS A MATERIAL PART OF THESE TERMS OF SERVICE.

YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.

Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages, and you will in no event be entitled to injunctive or other equitable relief.

Limitation on Time to File Claims

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND WAIVED.

Contact Information

The Websites are operated by Boviet Solar USA, Ltd., 1735 N. 1st Street, Suite 300, San Jose CA 95112. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein. All other feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: marketing.global@bovietsolar.com.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

Miscellaneous

These Terms of Service, your use of the Websites, and the relationship between you and us shall be governed by the laws of the State of California, without regard to conflict of law rules. Nothing contained in these Terms of Service shall constitute an agreement to the application of the laws of any other nation to the Websites. You agree that the Websites shall be deemed passive Websites that do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of California. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to these Terms of Service shall be in an appropriate court located in the State of California, County of San Jose. You hereby submit to the jurisdiction and venue of said Courts.

No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.

The Terms of Service, our Privacy Policy, our Copyright Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to the Websites.

We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on the Websites, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defenses hereunder. Upon termination of the Terms of Service, you will no longer have a right to access your account or your Content. We will not have any obligation to assist you in migrating your data or your Content and we may not keep any back up of any of your Content. We undertake no responsibility for deleting your Content under these Terms of Service. Note that, even if your Content is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back-up your Content), and subject to the licenses set forth in these Terms of Service.

If you have any questions, please contact us at: marketing.global@bovietsolar.com