Terms of Service for Using the SolarAPP

Effective April 14, 2020.

These Terms of Use ("Terms") are between you and Alliance for Sustainable Energy, LLC ("Alliance", "we", or "us") and govern your access to and use of the solarapp.nrel.gov webpage ("Website"), which is provided by Alliance as Management and Operating Contractor of the National Renewable Energy Laboratory ("NREL") on behalf of the United States Department of Energy. By accessing or using the Website, you agree to be bound by these Terms. If you are accepting these Terms on behalf of another legal entity, including your employer, another business, a government, etc., you represent that you are an authorized representative of that entity with full legal authority to bind such entity to these terms. If you do not agree to these Terms, you must not use this Website.

NOTICE OF INOPERABILITY

Notwithstanding anything to the contrary or any other information on the Website, this Website is currently not operable to perform actual permitting of any kind. Your use of this website is solely for testing purposes and you hereby acknowledge that you must contact the relevant jurisdiction to obtain any permit. You remain exclusively liable for the timely submission of all relevant permit applications.

PRIVACY AND SECURITY

This Website may collect personal information from users. By using this Website and/or agreeing to these Terms, you consent to the collection, storage, and processing of your personal information/data as set forth in the Privacy Policy.

This Website may be monitored by the U.S. government and any agency thereof ("U.S. Government"), by Alliance, or by others on their behalf, for security purposes to ensure it remains available to all users and to protect information in the system. You expressly consent to these monitoring activities.

Unauthorized attempts to defeat or circumvent security features, to use the system for other than intended purposes, to deny service to authorized users, to access, obtain, alter, damage, or destroy information, or otherwise interfere with the system or its operation are prohibited. Evidence of such acts may be disclosed to law enforcement authorities and result in criminal prosecution under the Computer Fraud and Abuse Act of 1986 (Pub. L. 990474) and the National Information Infrastructure Protection Act of 1996 (Pub. L. 104-294), (18 U.S.C. 1030), or other applicable criminal laws.

SYSTEM REQUIREMENTS

You are solely responsible for ensuring that your systems meet the hardware, software and any other applicable system requirements for the Website. Alliance will have no obligations or responsibility under this Agreement for issues caused by your use of any third-party hardware or software not provided by Alliance.

YOUR ACCOUNT AND ACCOUNT SECURITY

To use certain features of the Website, you may be required to create an account and provide Alliance with a username, password, and certain other information about yourself, as set forth in the Privacy Policy. When registering, you must fill in all mandatory fields with accurate, current, and complete information about yourself as prompted in the registration form and keep this information up to date. Alliance has the right to suspend or terminate your account or refuse any and all use of the Website if it suspects your account information is inaccurate, not current, or incomplete.

You are solely responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to promptly notify Alliance if you discover or suspect any unauthorized use of your account or any other breach of security. You may not license, sell, or transfer your account without prior written permission from Alliance.

OWNERSHIP AND FEEDBACK

The Website is made available on a limited access basis, and no ownership right is conveyed to you, irrespective of any use of terms such as "purchase" or "sale". Alliance and any third parties, as applicable, have and retain all right, title and interest, including all intellectual property rights, in and to all protectable aspects of the Website.

By submitting any information to Alliance via or in association with this Website, you are representing and warranting to Alliance that you have the authority to disclose this information.

Any ideas, suggestions, and feedback about this Website that you provide to Alliance are entirely voluntary, and by providing such ideas, suggestions, and feedback ("Feedback") you are agreeing that Alliance may use such Feedback without restriction and without compensation or obligation to you. To the extent any license would be required to utilize or implement your Feedback, you automatically grant Alliance, when submitting such Feedback, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license under any rights necessary for such use or implementation.

PUBLICATION AND NON-ENDORSEMENT

You must not to use the names of the U.S. Government, the U.S. Department of Energy, the National Renewable Energy Laboratory, or Alliance for Sustainable Energy, LLC to endorse or promote any product, service, or entity without specific prior written authorization from such entity.

INDEMNITY, DISCLAIMER, AND LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO INDEMNIFY THE U.S. GOVERNMENT, ALLIANCE, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY THIRD PARTY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS, OR YOUR USE OF THE WEBSITE.

THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALLIANCE AND THE UNITED STATES GOVERNMENT DO NOT WARRANT THAT THE WESBITE OR ANY DATA AVAILABLE VIA THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. ALLIANCE DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY DATA PROVIDED VIA THE WEBSITE OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE ALLIANCE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE SAFE, ALLIANCE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ALLIANCE NOR ANY THIRD-PARTY PROVIDERS OF DATA AVAILABLE VIA THE WEBSITE HAVE ANY OBLIGATION TO PROVIDE UPDATES, SUPPORT, CONSULTING, TRAINING, OR ASSISTANCE OF ANY KIND WHATSOEVER WITH REGARD TO ANY DATA AVAILABLE VIA THE WEBSITE OR USE THEREOF.

IN NO EVENT SHALL ALLIANCE, THE U.S. GOVERNMENT, OR ANY THIRD PARTY PROVIDER OF DATA AVAILABLE VIA THE WEBSITE, NOR ANY OF THEIR OFFICERS, AGENTS, OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (BUT NOT LIMITED TO) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THESE TERMS, THE WEBSITE, OR ANY DATA AVAILABLE VIA THE WEBSITE. ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE ABOVE ENTITIES EXCEED TEN U.S. DOLLARS ($10). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE ABOVE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

TERMS SUBJECT TO CHANGE

Alliance may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to this Website and update the Effective Date above. By continuing to access or use the Website on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Website before the changes become effective. You are responsible for checking the Terms for changes and your continued use of the Website constitutes acceptance of updated Terms.

TERMINATION

Alliance may immediately terminate your access to the Website and, should you have an account on the Website, your account, for any reason (or for no reason), without warning. You may terminate your account at any time, for any reason, by contacting SolarAPP@nrel.gov. Even after termination, these Terms, including (but not limited to) the PRIVACY AND SECURITY section, the OWNERSHIP AND FEEDBACK section, the INDEMNITY, DISCLAIMER, AND LIMITATION OF LIABIITY section, the GOVERNING LAW AND JURISDICTION section, and the GENERAL section, will remain in effect. ou are responsible for checking the Terms for changes and your continued use of the Website constitutes acceptance of updated Terms.

GOVERNING LAW AND JURISDICTION

Any claims arising out of or relating to these Terms or this Website will be governed exclusively by the laws of the United States of America and the State of Colorado, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Colorado and the United States District Court for the District of Colorado in any and all actions, disputes, or controversies relating to these Terms or this Website.

GENERAL

Any reference included in this Website to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the U.S. Government, NREL, or Alliance. The views and opinions expressed on the Website or in any information or data available via the Website do not necessarily represent the views of the U.S. Government or Alliance.

Unless otherwise specified, the Website and any information or data available via the Website are presented solely for use and access from within the United States, its territories, possessions, and protectorates. Alliance makes no representation or warranty of any kind that the Website or any data available via the Website is appropriate or available for use in other locations. If you access the Website from a location other than the United States, you alone are responsible for compliance with any applicable local laws.

These Terms and any posted rules on the Website constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Alliance of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms will be binding upon and inure to the benefit of Alliance and its successors, trustees, and permitted assignees. Alliance may assign this agreement or any of its rights or obligations under these Terms with or without notice to you.