Effective Date: June 1, 2013
PLEASE READ THESE THE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
USE OF THE SITE:
The Site is intended solely for use foreseen by Wiser Capital, including educational, decision making, "Solar Analytic", financial projections, proposal generation and review, or other Site functionality offered now or in the future, through Wiser Capital and the Site. You may be required to register in order to access certain features and Services of the Site. During registration, you will be assigned a user name and password through the Site's registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Wiser Capital cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
By registering on the Site, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as name, email, address, and or telephone number when registering on the Site. By registering with the Site, you consent to receive periodic communication from Wiser Capital regarding the status of your account or other information associated with your account or the services provided.
The registration process will categorize you into one of the following user profiles:
(1) a "Host Facility" with a specific physical address, owners, employees, associates or other interested parties involved in the process, to install, use and benefit from a Photovoltaic System, be it purchased and owned by the Facility, or purchased and owned by a "third-party" investor;
(2) a "Solar Integrator", Engineering Procurement & Construction provider, or other entities, including component Manufacturers, involved in or connected to the manufacturing, design, engineering, permitting, construction, commissioning or operations and maintenance of Photovoltaic energy generating systems or is interested in using the Site and create a Profile to advance their involvement in the PV industry;
(3)] Third-Party "Investors" or other holders of interest in PV systems and Power Purchase Agreements, be they individuals, trusts, corporate entities, banks, thrifts, or other financial institutions, funds or holding organizations, participating in various aspects of Photovoltaic development, operations, ownership, utility interconnection or other aspects related to Photovoltaic systems structured by Wiser Capital; and
By registering with the Site, you represent and warrant that you conform to a profile category and are interested in obtaining more information and/or participating in the Services. You acknowledge that the market which the Site serves is dynamic and you acknowledge that you must consult the Site regularly in order to update information as it pertains to your profile and the projects facilitated by the Site and its Services. The Site shall not be used by anyone under the age of eighteen (18). By accessing or using the Site or its resources you represent and warrant that you are eighteen (18) or older.
Wiser Capital provides the Site to provide information and Services associated with solar energy project development, construction and funding. The Services may include the identification, matching, filtering and consummation of relationships and transactions between other users of the Site in the development and construction of a solar project. The Site and the Services benefit from users submitting and maintaining accurate and up-to-date data profiles to characterize the opportunities for solar energy development. The proper and efficient functioning of the Site relies on this user content. Wiser Capital assumes no responsibility regarding the accuracy of the information that is provided by the website and use of such information is at your own risk. If Wiser Capital discovers or believes your user information, profile or any content you provide is misleading, inappropriate or in error, Wiser Capital reserves the right to remove, without notice, such content. But, Wiser Capital has no obligation to monitor the Site and under no circumstances shall Wiser Capital be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content on the Site originating with or otherwise provided by other users. If you find user content, other than your own, that you believe to be in violation of these Terms and Conditions, you may contact Wiser Capital and Wiser Capital will, at its discretion, evaluate and potentially take corrective action with regard to the data.
You represent and warrant that no materials of any kind submitted to the Site will violate or infringe upon the rights of any third party, including (copyright, trademark, privacy, publicity or other personal or proprietary rights); or contain libelous, defamatory or otherwise unlawful material. You acknowledge and understand that the Site is designed to connect parties involved in solar energy system project development and by its nature may result in interaction between you and other users of the Site, both within in the Site and off-line. Accordingly, you agree to conduct yourself respectfully, professionally, ethically, and otherwise reasonably at all times as you interact with other users you are connected with through the Site.
In addition to the above, you represent and warrant you will not:
• harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, the entity, be it corporate or physical in nature, or your affiliation with any person, facility or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information such as Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another user;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from Wiser Capital, or create a false identity on the Site.
• upload, post, transmit, share, store or otherwise make available content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Wiser Capital or its users to any harm or liability of any type.
• post anything that exploits children or minors or that depicts cruelty to animals.
COPYRIGHT INFRINGEMENT:Wiser Capital has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of Wiser Capital, another user, or a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Wiser Capital to review, delete, edit, or disable the material in question, you must provide Wiser Capital with all of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location of the material that you claim is infringing is located on the Site;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For this notification to be effective, you must direct your correspondence to Wiser Capital's designated agent: UserViolation@wisercapital.com.
LINKS TO THIRD PARTY SITES:
The Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Site Content"). We do not control or monitor such Third Party Sites or Third Party Site Content, and we are not responsible for any Third Party Sites or Third Party Site Content accessed through the Site. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Site Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that this Agreement no longer applies.
Wiser Capital's Limited License to You. The Site and all materials available on it or through the use of the Services are the property of Wiser Capital or its licensors and are protected by copyright, trademark and other intellectual property laws. Wiser Capital provides the Site solely for the purpose of solar energy project development, construction and funding. You may not use the contents of the Site in any manner or for any purpose that is inconsistent with this purpose or that would otherwise constitute infringement of Wiser Capital's or its licensors' intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents made available to you through the use of the Services. You may not reproduce or distribute any materials obtained from the Site or the Services except for reproductions or distribution of the materials for your internal business purposes related to participating in solar energy project development, construction and/or funding using the Site and the Services.
Your License to Wiser Capital. By registering, posting or submitting any information or content(including, without limitation, text, photos and videos) to Wiser Capital via the Site or otherwise, you are representing that the information or material is truthful, that you are the owner of the content, or are making your posting or submission with the express consent of the owner of the content. You grant Wiser Capital, other registered users, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, exploit, create derivative works from, distribute, and/or publicly perform or display the material for the purpose of facilitating solar energy project development, construction and funding using the Site and the Services,in whole or in part.
FEDERAL AND STATE LAWS:
When using the Site, or on the Site, or in any other media selected by Wiser Capital, you represent and warrant you will obey and comply with all applicable federal, state and local laws. The Site was created and will be operated from the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.
RELATIONSHIP OF THE PARTIES:
You and Wiser Capital agree that nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales relationship, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf or on the behalf of other users of the Site.
Wiser Capital may terminate your Account, delete your Wiser Capital profile on the Site and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site or Services for any reason, at any time, and in its sole discretion, with or without notice.
THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. WISER CAPITAL DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WISER CAPITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, OR ANY MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. WISER CAPITAL DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Please note that the information found here may be in violation of the laws of the country or jurisdiction from where you are viewing this information. Wiser Capital does not encourage the violation of any laws, but this information is stored on a server in the United States, and is maintained in reference to the protections afforded to content providers and readers in that jurisdiction. The laws in your country may not recognize a similarly broad protection of free speech; Wiser Capital cannot be responsible for potential violations of such laws, should you link to this domain or reuse any of the information contained herein.
LIMITATION ON LIABILITY:
WISER CAPITAL'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WISER CAPITAL OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY WISER CAPITAL. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
You agree to indemnify, defend, and hold harmless Wiser Capital, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We 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.
These Terms and Conditions shall be construed in accordance with and governed by the laws of the State of California, and you hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Barbara, California, for all disputes arising out of or related to the use of the Site.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
CHANGE OF CONTROL:
In the event of a change of control of Wiser Capital or the sale of substantially all of Wiser Capital's assets, all rights of Wiser Capital hereunder shall be transferable without notice to you.
ENTIRE AGREEMENT :
This Agreement constitutes the entire agreement between you and Wiser Capital regarding the use of the Site, superseding any prior agreements between you and Wiser Capital relating to your use of the Site.
WISER CAPITAL, its graphical representation and any logos on the Site are trademarks of Wiser Capital (the "Wiser Capital Marks"). You obtain no right to use the Wiser Capital Marks through your use of the Site.