1.Acceptance and Acknowledgement
The following Website Terms and Conditions (the “Terms and Conditions” or“Agreement”) is a binding agreement between you (“User”, “End User”, “you” or“your”) and AFI Solar Capital Solutions, LLC (“AFI Solar”, “we”, “us”, or“our”) governing your access and use of the website located at www.https://afisolarcapital.com. Including all content, functionality, services, solutions, or subsidiary webpages offered on or through the Website (“Website”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU START TO USE THE WEBSITE.BY USING OR ACCESSING THE WEBSITE OR BY CLICKING “I AGREE” (OR SIMILAR BUTTON)TO ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS IF THIS OPTION IS MADE AVAILABLE YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENTS WELL AS OUR PRIVACY POLICY [INSERT LINK], WHICH IS INCORPORATED HEREIN BY REFERENCE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND (C)ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
IF YOUDO NOT ACCEPT AND AGREE WITH THESE TERMS AND CONDITIONS, YOU SHALL NOT USE OR ACCESS THE WEBSITE.
2.Eligibility
Our Website is offered and available to users who: (1) are 18 years of age or older and (2) have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. If you do not meet these requirements, you must not access or use our Website. By accessing the Website, You represent and warrant that you are over the age of 18 and are fully competent to enter into these terms. The Company does not permit those under 18to use the Website. You may not use or access the Website if you do not agree to these Terms and Conditions or if you are accessing the Website from outside of the United States.
On the condition that you comply with all of your obligations under these Terms andConditions, We grant you a limited, revocable, nonexclusive, nonassignable, non sublicenseable license and right to access this Website with a generally available web browser to view information and use this Website. Any other use of this Website is strictly prohibited and a violation of these Terms andConditions. We and our licensors reserve all rights not expressly granted in these Terms and Conditions, including, without limitation, rights of title, ownership, intellectual property and all other rights and interests in thisWebsite and all related item
3. UserAccounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on ourWebsite. You are responsible for making all arrangements necessary for you to have access to the Website and all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
You are responsible for safeguarding the password that you use to access the Website through any user account and for any activities or actions under your password, whether your password is with our Website or a Third-Party website. WE maintain the right tot disable any username, password, or other identifier, whether or not chosen by you, at any time if, in our opinion, you have violated any provision of these Terms and Conditions.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We reserve the right to withdraw or amend the Website, and any service, product, solution or material we provide on the Website. We will not be liable if for any reason all or part of the Website is unavailable at anytime or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to you.
You understand that communications distributed by this Website may be distributed by electronic mail, which is by its nature insecure and unreliable. Electronic mail is subject to interception, misdirection and loss. In addition, an electronic mail message may be forwarded by its intended recipient to other unintended recipients. Any recipient of an electronic message sent by thisWebsite may access the hyper-links to files contained on this Website, as thisWebsite does not authenticate or validate the identity or authority of anyperson following a hyper-link contained in any such message.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
4.Prohibited Uses
Youagree that:
1. you will not violate these Terms or any of AFI Solar's or its licensors’ rights or use this Website to violate the rights of any third party such as copyright or trademark rights;
ii. you will use your true legal name and true electronic mail address, and only provide accurate and complete information on this Website;
iii. you will provide at your cost all equipment, software, mobile access and Internet access necessary for you to use this Website.
iv. you will copy information from this Website only as necessary for your personal, non-commercial use to view, save, print, fax or e-mail such information;
v. you will not otherwise reproduce, modify, distribute, display or provide access to this Website or its content;
vi. you will not create derivative works from, decompile, disassemble or reverse engineer any portion of this Website;
vii. you will not upload to or distribute through this Website any binary code, macrosor other executable code, or any file that contains any viruses, Trojan horses or other components designed to commandeer, limit or harm the functionality ofa computer;
viii.you will not record, process or mine information about other users, or access, retrieve or index any portion of this Website;
ix. you will not remove or modify any copyright or other intellectual property notices that appear on this Website;
x. you will not access or use this Website in any manner that could damage, disable, overburden, place an unreasonable load on, interfere or attempt to interfere with the proper working of, or impair, this Website, its computer systems, network or the account of any other user;
xi. you will not attempt to gain unauthorized access to any parts of this Website or any user accounts, or any of this Website’s computer systems or networks;
xii. youwill not use this Website in any way that is unlawful, harms AFI Solar’s business, AFI Solar’s Website providers, licensors,representatives or any other user, or breaches any policy or notice on thisWebsite;
xiii.you will not impersonate another person or misrepresent your affiliation withanother person or entity, including AFI Solar, a AFI Solar employee, or other user, such as by using another person’s user name, passwordor other account information or another person’s name, likeness, image or photograph;
xiv. you will not charge any person for access to any portion of this Website or any information on this Website;
xv. you will not access this Website through automated queries (such as by screen or database scraping, spiders, robots, crawlers or any other automated activity with the purpose of obtaining information from this Website) without AFI Solar’s prior express written permission;
xvi. you will not engage in “framing” or “mirroring,” or otherwise simulate the appearance or functionality of this Website; and
xvii.you will not assist, encourage or enable others to do any of the preceding prohibited activities
xviii.you will not use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from theUnited States to other countries), or promote any illegal activity, or advocate, promote, or assist any unlawful act.
5.Representations and Warranties
You represent and warrant that:
1. a. you are 18 years or older and you have all requisite rights and authority to use the Website and to enter into these Terms;
b. the performance of your obligations under these Terms will not violate, conflict with, or result in a default under any other agreement, including confidentiality agreements between you and third parties;
c. you will use the Website and services provided by the Website for lawful purposes only and subject to these Terms;
d. you are responsible for all use of the Website and services provided by the Website by persons accessing the Website and such services through your account;
e. you agree that we will not be liable for any losses incurred as a result of a third party’s use of the Website and services provided by the Website associated with your account, regardless of whether such use is with or without your knowledge and consent;
f. you will not use the Website and services provided by the Website in any manner that could damage, disable, overburden or impair the Website, or interfere with use of the Website or services by others;
g. any information submitted to the Website or AFI Solar by you is true, accurate, and correct;
h. you understand that, except at expressly stated in these Terms, these Terms do not grant you any license to use, reproduce, distribute, display or provide access to any portion of this Website on third-party websites, or otherwise;
i. you will not attempt to gain unauthorized access to the Website or services provided by the Website, other accounts, computer systems, or networks under the control or responsibility of AFI Solar through hacking, cracking, password mining, or any other unauthorized means;
j. you agree to immediately notify AFI Solar of any unauthorized use of youraccount of which you become aware;
k. you are solely responsible for maintaining the confidentiality of your account names and password(s) that may be used to access the Website;
l. you are not a competitor of AFI Solar or its licensors and are not using the Website or services provided by the Website for reasons that are in competition with AFI Solar or its licensors;
m. if you use this Website in your capacity as an employee, owner or otherwise as an agent of another person or entity, you agree on behalf of yourself and such person or entity, jointly and severally, to be bound by these Terms;
n. you will not impersonate another person or misrepresent your affiliation with another person or entity, including using another person’s username, passwordor other account information or another person’s name, likeness, image or photograph; and
o. yourconsent to be bound to any consents, notices, disclosures or other records or documents to be entered into between you and AFI Solar(“ElectronicContracts”), whether by typing your name, checking a box, pressing a button, clicking through a link, or demonstrating other intent to be bound to suchElectronic Contract, shall create a legal, valid and binding contract enforceable against you in accordance with its terms.
6.Intellectual Property
AFI Solar or its licensors own all of the content that is made available in connection with this Website (the “WebsiteContent”), including visual interfaces, interactive features, graphics, designs, databases and their data, computer code, products, software and all other elements and components of thisWebsite. AFI Solar or its licensors also own the copyrights, trademarks, Website marks, trade names and other intellectual and proprietary rights throughout the world associated with this Website and the Website content, which are protected by copyright, trade dress, patent, trademark and otherapplicable intellectual property rights and laws. You acknowledge and
agree that you do not acquire any ownership rights to the Website, or any Websites offered through the Website, through this Agreement or by use of theWebsite.
Additionally, logos, trademarks and Website marks of third parties may also appear on thisWebsite, and such are the exclusive property of their respective owners and no use or other rights are granted with respect to these trademarks without the express, written approval of the trademark/Website mark owner. You may view, copy and print pages from the Website only: (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights or notices; or (2) for communicating with AFI Solar about a company product or Website. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, perform or in any way exploit any of the Website content in whole or in part, except as expressly authorized by the applicable rights holder. Except as expressly and unambiguously provided bythese Terms, neither AFI Solar nor any of its licensors grant you any express or implied rights, and all rights in and to this Websiteand theWebsiteContent are retained by their holders.
You acknowledge and agree that AFI Solar has and retains exclusive and valid ownership of all anonymized statistical information regarding use of theWebsite. Any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Website and any component thereof is strictly prohibited.
7.Consent to Collect Technical Data
We may collect technical information and use certain technologies, including session replay software, to collect and analyze technical data relating to the provision, use and performance of the Website and related systems. This technical data may include your Internet protocol (IP) address, the company name from which you are browsing our Website, your browser type and version, time zone setting, operating system and platform, and information about your visit to the Website including the full Uniform Resource Locators (URL),clickstream to, through and from our Website, including the date and time, page response times, technical errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the Website. By visiting and using theWebsite, you hereby consent to and agree to the collection of this data by AFI Solar and that AFI Solar will be free (during and after the term hereof) to (i) use such data to improve and enhance the Website and for other development, diagnostic, and corrective purposes in connection with theWebsite and other Website offerings; (ii) disclose such data in aggregated orde-identified from in connection with its business; and (iii) otherwise use and disclose such data as set forth in our Privacy Policy.
8.Communications
By providing your information via the Website, including while creating and registering for a user account, you authorize AFI Solar and its respective employees, agents, and contractors to initiate electronic communications by email, telephone calls to numbers (including to cellular phones) that are provided through the Website or as part of the registration process on the Website, and text messages (SMS or MMS) to cellular phone numbers that are provided through the Website or as part of registering and creating a user account to provide updates or other purposes related to theWebsite and Websites provided by AFI Solar. Your carrier may charge for these incoming calls or messages. You consent to such communications, which may occur by use of an automatic telephone dialing system. Telephone calls maybe recorded, standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages, and you agree to be responsible forall such charges. Do not submit your information if you do not consent to being contacted by telephone, text, or email.
9. Links to Third-Party Websites
OurWebsite may contain links to third-party websites or Websites that are not owned or controlled by AFI Solar.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
Westrongly advise you to read the terms and conditions and privacy policies ofany third-party websites or services that you visit.
10.Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. The content on the Website may be updated from time to time. It may not necessarily be complete or up-to-date at any given time. We do not warrant the accuracy, completeness or usefulness of this information. 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 Website, or by anyone who may be informed of any of its contents.
ThisWebsite may include data or information provided by third parties, including other Users. AFI Solar is not responsible, or liable to you or anythird party, for the content or accuracy of any information, materials, orother data or information uploaded to the Website by any third parties.
11. DataProtection
User is responsible for compliance with all applicable data protection laws if the User collects, processes, or uses any personal data of data subjects in connection with use of the Website. This includes, but is not limited to, obtaining any necessary consents for data subjects. User has and will retain sole responsibility for all information, including any data or information, uploaded to the Website.
12.Termination
ThisAgreement is effective upon your acceptance of it as stated herein (the“Effective Date”) and it shall continue in effect in accordance with this section (the “Term”). You may terminate this Agreement at any time by discontinuing your use of the Website, closing your account, and providing us with a notice of termination. We reserve the right, without notice and in our sole discretion, to modify, suspend, discontinue or terminate your right to use the Website, or any portion of the Website, and to block or prevent your future access to and use of the Website or any portion of the Website. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
13.Limitation of Liability
UNDER NO CIRCUMSTANCES WILL AFI SOLAR, ITS AFFILIATES OR THEIR LICENSORS, WEBSITE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR
DIRECTORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES THAT ARISE FROM THE USE OF THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND (FOR EXAMPLE, COMPENSATORY, SPECIAL, DIRECT, INDIRECT,PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, INCREASED COSTS, DIMINUTION IN VALUE, LOSS OFUSE, LOSS OF GOODWILL OR REPUTATION, USE, INABILITY TO USE, LOSS, INTERRUPTION,DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,AND CLAIMS OF THIRD PARTIES) WHETHER IN BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATIONS OR UNDER NAY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIM ARISING FROM THE USE OF THIS WEBSITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF AFI SOLAR, ITS AFFILIATES OR THEIR LICENSORS, WEBSITE PROVIDERS,EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WILL NOT EXCEED THE GREATER OF AMOUNT YOU SPECIFICALLY PAID TO ACCESS THIS WEBSITE OR $100.00. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF AFI SOLAR, ITS AFFILIATES OR THEIR LICENSORS, WEBSITE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
14.Disclaimer of Warranties
THE WEBSITE, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE, THE CONTENT, AND ALL MATERIALS, YOUR USE OF THE WEBSITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. AFI SOLAR, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY,COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR APARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE WEBSITE.YOU ACCESS SUCH CONTENT OR INFORMATION AT YOUR OWN RISK.
WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE WEBSITE, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANYAND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WEKNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE. IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER US OR NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE CONTENT.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. YOU UNDERSTAND THAT WE CANNOT AND DONOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, AFI SOLAR DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, THE CONTENT OR INFORMATION ON THIS WEBSITE AND/OR ITS FILES WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OROTHER WEB SITE-ACCESSING PROGRAM.AFI SOLAR DOES NOT GUARANTEE THATI TS WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BEFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-WEBSITE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY WEBSITES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.
THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE USE REASONABLE EFFORTS TO UPDATE THE INFORMATION ONTHE WEBSITE, AND THE CONTENTS OF THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. AFI SOLAR DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION (INCLUDING ANY PRODUCT, WEBSITE, DESCRIPTION,PHOTOGRAPH, FUNDRAISING CAMPAIGN, OR OTHER INFORMATION). ANY RELIANCE PLACED ONSUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. AFI SOLAR DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USER OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH INSTANCES, THE LIABILITY OFAFI SOLAR AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BYSUCH LAW.
15.Indemnification
You agree to indemnify, defend and hold AFI Solar, as well as its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, including the shareholders, officers, directors, employees, agents and representatives of each of them (collectively, the “CompanyParties”) harmless from any and all claims, liability, judgments, awards, losses, obligations,
damages and costs (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to:
a. your access to or use of this Website;
b. your violation of these Terms and Conditions or the Privacy Policy, includingwithout limitation your breach of any representation or warranty;
c. your infringement, or the infringement of any third party using your account toaccess the Website, of any intellectual property or other right of any person or entity including, without limitation, any copyright, trademark, propertyright, or privacy right;
d. any violation of applicable law by you;
e. any claim that content provided by you caused damage or loss to a third party; or
d. the nature and content of all materials, Electronic Contracts, works, data, statements and other visual, graphical, written or audible communications of any nature submitted by you or otherwise processed through your Account
We reserve the right to, but is not obligated to, assume the exclusive defense and control of any matter for which you are required to indemnify the CompanyParties, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding when we become aware of it. Each of the Company Parties is an express third party beneficiary of this indemnification provision, with full rights to enforce its terms
16.Governing Law
The laws of the State of Florida, excluding its conflicts of law rules, shall govern this Terms and all matters arising out of or relating to your use of theWebsite. Your use of the Website may also be subject to other local, state, national, or international laws.
17.Mediation
All disputes and controversies of every kind and nature between the parties to thisAgreement arising out of or in connection with the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of these Terms of Use shall first be submitted to mediation pursuant to the procedure set forth in this paragraph. AFI Solar or User may demand such mediation in writing within fourteen (14) days after the controversy arises. The parties agree that the mediator shall be appointed locally from Miami, Florida. The mediation shall be held in Miami, Florida and concluded within thirty (30) days of the selection of the mediator. The parties shall equally bear the cost of the mediator but otherwise bear their own costs in connection with the mediation.
18. U.S.Legal Compliance
You acknowledge that technology utilized by this Website and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that the Company makes available through the Site(collectively “Excluded Data”), may be subject to export control laws and regulations of the United States and other jurisdictions (collectively “ExportLaws”). You represent and warrant that: (i) you are not located in, under the control of, or a national or resident
of an embargoed country or prohibited end user under Export Laws; and (ii) you will not access, download, use, export or re-export, directly or indirectly, theExcluded Data to any location, entity, government or person prohibited by export laws, without first complying with all Export Laws that may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction it operates or does business. You are solely responsible for complying with Export Laws for all Excluded Data and any of its content transmitted through the Site and Websites. You shall advise AFI Solar at the email address below in the event the Excluded Data requires AFI Solar to obtain additional licenses, permits and/or approvals from any government in the jurisdiction where you intend to use the Site or Websites.Upon being advised of such a requirement,AFI Solar may at its sole discretion: (a) terminate your account; (b) obtain such licenses, permits, and/or approvals as may be required; or (c) modify these Terms such that additional licenses, permits, and/or approvals are no longer required to be obtained by AFI Solar.
19.Copyright Notices
The works of authorship contained in the Website, including but not limited to all design, text, sound recordings, and videos are owned, except as otherwise expressly stated, by AFI Solar. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed(for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without AFI Solar's prior written consent, except to the extent permitted by theCopyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of AFI Solar’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
If you believe that content you own has been copied or made accessible in a mannerthat violates your intellectual property rights, please notify us immediately.You may submit a notification pursuant to the Digital Millennium Copyright Act(see 17 U.S.C. § 512(c)(3)) (the “DMCA”). The DMCA notice must include substantially the following:
(i) Your physical or electronic signature.
(ii)Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list ofsuch works.
(iii)Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(iv)Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the written notice is accurate.
(vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is: michael@afisolarcapital.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. AFI Solar has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
20.Other Provisions
Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver: Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
EntireAgreement: These Terms, together with any documents expressly referred to in them, including our Privacy Policy [Linked Here] constitute the sole and entire agreement between you and us with respect to the Website and supersede all previously written or oral agreements regarding the Website.
Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES,OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND BARRED.
TranslationInterpretation: These Terms and Conditions may have been translated if we have made them available to You on our Website. You agree that the originalEnglish text shall prevail in the case of a dispute.
Miscellaneous:AFI Solar shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly orindirectly, out of causes reasonably beyond the direct control of AFI Solar and not due to AFI Solar’s own fault or negligence or that ofits contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could nothave been prevented through commercially reasonable measures, including acts ofGod, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes orother labor problems, riots ,or unavailability of supplies.
21.Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. All changes are effectively immediately when we post them on theWebsite. For certain types of updates, modifications, or revisions, we may decide, in our sole discretion, to notify you of such changes via email or other method of written notice.
You are expected to check this page on the Website so you are aware of any changes as they are binding upon you. By continuing to access or use Our Website after those revisions become effective, You accept and agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part ,please stop using the website and the Website.
22.Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
· • By email: michael@afisolarcapital.com
