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Website Terms of Use Agreement for WWW.RGSENERGY.COM


Valid as of March 13, 2016

By accessing this website, you, the user, are entering into a legal agreement to be bound by the terms and conditions below for your use of the website. The website and the functions, facilities, and services related thereto (“the Website”) are proprietary World Wide Web services operated and maintained by Real Goods Solar, Inc. dba RGS Energy.

  1. Introduction

  2. 1.1   Please read the following Terms of Use carefully.
    1.2   In these Terms of Use:


    (a) “we”, “our” and “us” means Real Goods Solar, Inc. dba RGS Energy, a company registered in the State of Colorado at 833 W. South Boulder Road, Louisville, CO 80027.
    (b) “you” and “your” means a user of the website at http://www.rgsenergy.com, and its subdomains (the “Website”). This Website may be used by you in an individual capacity or as a representative of a business entity. These services are not for the use of anyone under the age of 18 and your use of this Website is your representation that you satisfy this requirement.

    1.3   These Terms of Use set out the terms and conditions on which we agree to make available and to which you must agree to access and use the Website. If you do not agree with these terms and conditions, you should exit the Website now and not use the Website in the future.

  3. Acceptance of the Terms of Use

  4. 2.1   By using the Website, you agree to be legally bound by these Terms of Use and you agree to the processing of your personal data in accordance with our Privacy Policy, which is incorporated herein by reference. We reserve the right to disclose non-personally identifiable information regarding you to third parties, and any information required to be disclosed by law to government authorities.
    2.2   If you do not agree with these Terms of Use or Our Privacy Policy, you should not use the Website. Please save and/or print a copy of these Terms of Use and Our Privacy Policy for your future reference.
    2.3   You agree with us using our Website to provide you with important notices, including amendments to the Privacy Policy and to this Terms of Use Agreement. We agree that any amendments will not be made retroactive.

  5. Amendments to Terms of Use

  6. 3.1   We may amend these Terms of Use from time to time. If we do, we will publish the changes on the Website. It is your responsibility to check the Website periodically for changes to these Terms of Use. The date at the top of this webpage indicates when these Terms of Use were last updated. Amendments to these Terms of Use will take effect on the date which we publish the amendments on the Website, and from then on will govern the relationship between you and us in respect of your use of the Website. If you do not agree with the amended Terms of Use, you must not continue to use the Website after the date on which the amendments take effect. Your use of the Website following the effectiveness of any notice of amendment will indicate your acceptance of the amended Terms of Use Agreement. It is your responsibility to regularly check the Website to determine if there have been changes.

  7. Your obligations

  8. 4.1   You agree:


    (a) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
    (b) to provide true, accurate, and complete information about yourself and to update such information as necessary;
    (c) to maintain the confidentiality of your password if you create one;
    (d) that you are solely responsible for any and all activities that occur using your password/passphrase or account;
    (e) to notify RGS Energy immediately in the event of any unauthorized use of your password or account or any other breach of security; and
    (f) that RGS Energy employees may have access to your account and records as reasonably necessary to investigate complaints and maintain the Website; and
    (g) that your sole and exclusive remedy for any injuries or damages connected with the use of, loss of use of, or inability to use, the Website is to discontinue use of the Website.

    4.2   You agree not to:


    (a) use or access the Website for any fraudulent or unlawful purpose or in any manner that is prohibited by law or other regulation;
    (b) use or access the Website to impersonate any person or entity or otherwise invade the privacy of others;
    (c) use any obscene or offensive language or to place on the Website any materials or photos that are libelous, abusive, or hateful; constitutes junk mail, unauthorized advertising, or commercial solicitation; invades anyone’s privacy; gives rise to civil liability; or otherwise violates or encourages the violation of any local, state, national, or international law or regulation;
    (d) interfere with, disrupt, damage, or disable (or assist with the interference, disruption of, damage to, or disabling of) the operation or security of the Website or access to it, whether intentionally, negligently, or otherwise;
    (e) transmit or otherwise make available in connection with the Website or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program;
    (f) restrict or inhibit the ability of any other person to access or use the Website;
    (g) monitor the Website’s availability, performance or functionality for any competitive purpose;
    (h) modify, adapt or translate any portion of the Website;
    (i) publish, modify, create derivative works from, sell, or otherwise transmit or exploit any proprietary materials from the Website without the express written permission of RGS Energy or the owner of the rights to such materials if other than RGS Energy; or
    (j) remove, obscure or modify any copyright, trade mark, or other proprietary rights notice contained on the Website or any materials obtained from the Website or to violate, plagiarize, or infringe on the intellectual property or contractual rights of any person in connection with any use of the Website.
    (k) impersonate RGS Energy personnel or other persons or entities;
    (l) use any electronic mail message, device, software, or programming routine that may impair, interfere, or impose an unreasonable burden on the Website or RGS Energy;
    (m) intercept or expropriate any system, data, or information of this web Website;
    (n) resell, assign, or transfer, in whole or in part, your right to use the Website; or
    (o) to transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, discriminatory, or otherwise objectionable material or to encourage conduct that would give rise to civil liability on behalf of RGS Energy in any manner.

  9. Links

  10. 5.1   From time to time, the Website may include links to third party websites (“Third Party Websites”). Such Third Party Websites are not controlled, investigated, monitored, or checked for accuracy, appropriateness, or completeness by RGS Energy, and RGS Energy is not responsible for any Third Party Websites accessed through the Website, including the content, accuracy, completeness, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites. Inclusion of, linking to, or permitting the use or installation of any Third Party Website does not imply approval or endorsement thereof by RGS Energy or of the goods or services provide by or accessed through said site. If you decide to leave the Website and access the Third Party Websites, you do so at your own risk and you should be aware that our terms and policies no longer govern and you may be giving others permission to use your information in ways we would not. You should review the applicable terms and policies, including privacy and data gathering practices, of any web site to which you navigate from the Website. Any promotions sponsored by advertisers on the Website or your dealings with such advertisers are matters solely between you and that advertiser or third party. RGS Energy will not be responsible, in whole or in any part, for your connections or dealings with Third Party Websites, advertisers, third parties, or their promotions or your relying on any of the representations made by or in any of them.
    5.2   You may not frame, link or deep-link the Website to any other website without our prior written consent. Should you wish to frame or set up a link or deep link to our Website please contact customerservice@rgsenergy.com. Even if granted permission:


    (a) we do not promise that the Website will be continuously available (and therefore such links may not always work);
    (b) you will not insert such links on any website which contains any content which is illegal, infringes any rights, such as the intellectual property rights, of any third party or contains any adult content; and
    (c) we reserve the right to object to any such links and require you to remove them.

  11. Legal disclaimer

  12. 6.1   NO WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, THE WEBSITE IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY, EXPRESS OR IMPLIED (E.G., WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT), OF ANY KIND. WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES OF ANY KIND AND DO NOT ACCEPT ANY LIABILITY TO YOU IN RESPECT OF THE WEBSITE, YOUR USE OF IT, OR OTHERWISE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE WEBSITE IS SUITABLE FOR YOUR INTENDED PURPOSES. WE ACCEPT NO LIABILITY AS TO THE SUITABILITY OR FITNESS OF THE WEBSITE IN MEETING YOUR NEEDS AND WE EXCLUDE TO THE FULLEST EXTENT PERMISSIBLE BY LAW ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS, OR TERMS. WE GIVE NO WARRANTY:


    (a) THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE;
    (b) THAT THE WEBSITE AND/OR THE COMPUTER SERVER FROM WHICH THE WEBSITE ARE MADE AVAILABLE, ARE FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS; OR
    (c) AS TO THE ACCURACY, CONTENT, TIMELINESS, COMPLETENESS, RELIABILITY, QUALITY OR SUITABILITY OF ANY CONTENT CONTAINED IN OR DELIVERED VIA THE WEBSITE OR OTHERWISE MADE AVAILABLE IN CONNECTION WITH THE WEBSITE.
    YOU AGREE THAT RGS ENERGY WILL HAVE NO LIABILITY FOR INJURIES OR DAMAGES OF ANY KIND WHATSOEVER RELATED TO THE WEBSITE. THIS SECTION 6 IS A CONDITION TO YOUR USE OF THE WEBSITE. THE WEBSITE WOULD NOT BE MAINTAINED WITHOUT SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY IN EFFECT.
    SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.


    6.2   You also acknowledge and agree that the operation of the Website is dependent upon the proper and effective functioning of the internet and other third party equipment and services, and that we do not guarantee and will not be liable for these in any way. Additionally, the information and services included in or available through the Website may include inaccuracies or errors. RGS Energy may make improvements and/or changes to the Website at any time without notice. RGS Energy does not guarantee that access to or use of the Website will be uninterrupted or error free, that bugs or malfunctions will be corrected, or that the Website and its servers are free of harmful components. RGS Energy does not guarantee that the uses of its Website, or the materials provided within the Website, are accurate, without error, or reliable. Furthermore, we may change or discontinue the availability of the Website at any time.
    6.3   You acknowledge and agree that RGS Energy is not responsible or liable for messages you may receive, even if they are unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or infringe the intellectual property or other rights of another.
    6.4   RGS Energy is not responsible for the conduct, whether online or offline, of any user of the Website. Under no circumstances will RGS Energy be responsible for any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Website or any interactions between users of the Website, whether online or offline.
    6.5   WITHOUT LIMITATION TO CLAUSE 6.1, WE WILL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS, REVENUES, BUSINESS, OR GOODWILL.
    THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND LINKEDIN AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G., WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF RGS ENERGY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
    SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

  13. Intellectual Property & Proprietary Materials

  14. The intellectual property rights in the Website and copyright, trademark, and other proprietary rights in all material stored, displayed, and accessible on the Website is either owned us or duly licensed by third parties. All such rights are reserved. You are granted a limited license to access and use the Website content and to download or print a copy of any portion of the Website content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.

  15. Export Control Laws

  16. Export of any information from this Website is subject to all United States Export Control laws. No content from this Website may be downloaded or otherwise exported in violation of these or any other laws.

  17. Indemnification

  18. You agree to indemnify and hold RGS Energy, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Website, your conduct in connection with the Website or with users of the Website, or any violation of these Terms of Use or of any law or the rights of any third party.

  19. Governing Law

  20. By visiting or using the Website, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and RGS Energy. With respect to any disputes or claims, you agree not to commence or prosecute any action in connection therewith other than in the State of Colorado and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the State of Colorado. You agree that all disputes regarding or related to this Terms of Use agreement or your use of the Website will be submitted to and resolved by binding arbitration in Denver, Colorado pursuant to the rules of the American Arbitration Association, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or RGS Energy may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of you or RGS Energy pending the completion of arbitration.

  21. Entire Agreement

  22. This Terms of Use agreement and all materials incorporated by reference constitute the entire understanding between you and RGS Energy with respect to your rights and obligations as a user of the Website. If any provision of this Terms of Use agreement is held to be invalid or unenforceable, you and we agree that the court or arbitrator should modify the terms to make that part enforceable while still achieving its intent. If the court or arbitrator cannot do that, you and we agree to that provision being struck and that the remaining provisions shall remain in full effect and be enforced. The failure by RGS Energy to enforce any provision of this Terms of Use agreement at any time is not a waiver of any right under this Terms of Use agreement or otherwise under the law. There are no third party beneficiaries to this Terms of Use Agreement.
    You agree that the only way to provide us legal notice is at RGS Energy – Attn: Legal, 833 W. South Boulder Road, Louisville, CO 80027.

  23. Termination of Website Use

  24. RGS Energy may terminate your Website access or delete your profile without notice in the sole judgment of RGS Energy for violation of the Terms of Use or that might violate the rights, harm, or threaten the safety of others, or for other reasons which need not be disclosed.


CONTACT

SALES + GENERAL QUESTIONS
888.567.6527
solar@rgsenergy.com

CUSTOMER SERVICE
888.567.6527 (option 2)
customerservice@rgsenergy.com
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