Legal mentions

Photosol US Renewable Energy Terms of Use

Last Updated: February 20, 2020

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and Photosol US Renewable Energy (“Photosol US,” “we,” or “us”) with respect to your use of photosol-us.com (“Site”) and the services available on the Site (collectively, the “Services”), including any Content (as defined in Section 2 below). BY ACCESSING OR USING THE SERVICES IN ANY MANNER (WHETHER AUTOMATED OR OTHERWISE), YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT USE THE SERVICES.

  1. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective immediately and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.
  2. Scope of and Restrictions on Use. Subject to these Terms of Use, Photosol US grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for legitimate business purposes, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Photosol US. You agree not to:
    • collect information from the Services using an automated software tool or manually on a mass basis;
    • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
    • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
    • “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
    • restrict or inhibit other users from accessing or using the Services;
    • modify or delete any copyright, trademark, or other proprietary rights notices that

      appear on the Site or in the Content; or

    • access or use the Services or Content for any unlawful purpose or otherwise

      beyond the scope of the rights granted herein.

  1. Ownership. The Services (including the Content) are owned by Photosol US and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Photosol US and its licensors. You acknowledge and agree that, as between you and Photosol US, Photosol US is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
  2. Feedback. While we appreciate your interest in the Services and our business, Photosol US does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Photosol US might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary.
  3. Electronic Communications. The communications between you and Photosol US via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  4. Privacy Policy. You acknowledge and agree that all information collected by Photosol US is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
  5. Change and Suspension.
    1. 7.1.  Changes to the Services. Photosol US reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Photosol US will not be liable to you or to any third party for any such change, suspension, or discontinuance.
    2. 7.2.  Suspension/Termination of Access. Photosol US has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof, at any time and for any reason, including if you violate these Terms of Use. In the event that we suspend or terminate your access to the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
  6. Disclaimer; Limitation of Liability.
  1. 8.1.  Disclaimer of Warranties. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS A V AILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND PHOTOSOL US HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER PHOTOSOL US NOR ANY PERSON ASSOCIATED WITH PHOTOSOL US MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER PHOTOSOL US NOR ANYONE ASSOCIATED WITH PHOTOSOL US REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
  2. 8.2.  Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PHOTOSOL US OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES IS AT YOUR SOLE RISK.
  3. 8.3.  Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 8 may not apply to you.

9. Indemnification. You agree to indemnify, defend, and hold Photosol US and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending

such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.

10. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”). You acknowledge and agree that Photosol US is not responsible for any Third- Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Photosol US does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Third- Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

11. Miscellaneous.

  1. 11.1.  Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Utah.
  2. 11.2.  Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.
  3. 11.3.  Entire Agreement. These Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and Photosol US with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
  1. Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
  2. Questions. If you have any questions about the Services or these Terms of Use, please call us at (801) 380-5272, email us at contact@photosol-us.com, or write to us at:

    Photosol US Renewable Energy 1633 W. Innovation Way, 5th Floor

Lehi, UT 84043 Attn: Client Service

Photosol US Renewable Energy Privacy Policy

Last Updated: February 20, 2020

Photosol US Renewable Energy (“Photosol US,” “we,” or “us”) respects your privacy. This Privacy Policy describes the types of information we may collect from you when you visit photosol-us.com (the “Site”), how we use the information we collect, with whom we share it, how we protect it, and the choices we offer you regarding our collection and use of such information.

1. INFORMATION WE COLLECT

We may collect personal information about you, meaning information that can uniquely identify you, from various sources, such as:

  • Directly from you when you use the Site, such as when you access certain features or content or contact us; and
  • Our affiliates, service providers, business partners, and other third parties.
    We may collect some personal information from you directly, including your contact

    information, such as your name, physical address, phone number, and email address.

    Additionally, when you use the Site we may also collect certain information by automated means, such as cookies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. The information we may collect by automated means may include, without limitation:

  • Information about the devices you use to access the Site (such as the IP address and the type of the device, operating system, and web browser);
  • Dates, times, and duration of use of the Site (including whether you are a repeat or first- time visitor);]
  • Information on actions taken when using the Site (such as page views and website navigation patterns)

    To the extent that any of the information that we automatically collect through the Site contains personal information, we will treat it in accordance with this Privacy Policy. It helps us to improve and personalize our Site, including by enabling us to identify and authenticate users.

2. HOW WE USE THE INFORMATION WE COLLECT

We may use information we obtain about you to:

  • Send you information or materials you request;
  • Respond to your questions and comments and provide customer support;
  • Communicate with you about our products, services, offers, and promotions;
  • Operate, evaluate, and improve our business and the products and services we offer;
  • Analyze and enhance our marketing communications and strategies;
  • Analyze trends and statistics regarding use of the Site and transactions conducted using

    the Site;

  • Protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
  • Enforce our Terms of Use and other agreements; and
  • Comply with applicable legal requirements and industry standards.

    We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

3. DISCLOSURE OF INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual user, without restriction. We may disclose personal information about you:

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
  • To enforce or apply our Terms of Use and other agreements;
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or

    safety of Photosol US, users of the Site, or others; and

  • With your consent.

    We also reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Privacy Policy.

4. DATA SECURITY

We have implemented measures intended to protect your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. Please note that the electronic transmission of information is not completely secure. We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that such measures will always be sufficient or effective. Any transmission of personal information is at your own risk.

5. YOUR CHOICES

We offer you the following choices about the information we collect from you and how we communicate with you:

Cookies

Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of the features of the Site.

Promotional Communications

If you have received a promotional email from us, you can also opt out of receiving future promotional emails from us by following the unsubscribe instructions contained in such email.

6. CHILDREN UNDER THE AGE OF 18

The Site is not directed to, and Photosol US does not knowingly collect or solicit personal information from, children under the age of 18. If we learn we have collected or received personal information from a child under the age of 18, we will delete that information. If you believe we might have any information from or about a child under the age of 18, you may let us know using the information set forth below.

7. CHANGES TO OUR PRIVACY POLICY

Photosol US reserves the right to update or change this Privacy Policy at any time. If we make a material change to our Privacy Policy, we will provide notice to you (by posting on our website) that our privacy practices have changed and will provide a link to the new policy. In the event we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use. The date this Privacy Policy was last revised is at the top of this page. We encourage you to review this Privacy Policy periodically to check for any updates or changes.

8. DATA TRANSFERS

Photosol US is based in the State of Utah in the United States. When we obtain information about you, we may transfer, process, and store such information outside of the country in which you reside, including in the United States. By using the Site, you consent to the transfer to and processing and storage of your information in countries outside of your country of residence, which may have different data protection laws than those in the country where you reside.

9. CONTACT US

If you have any questions about this Privacy Policy or our information practices, please call us at (801) 380-5272, email us at contact@photosol-us.com, or write to us at:

Photosol US Renewable Energy 1633 W. Innovation Way, 5th Floor Lehi, UT 84043
Attn: Client Services