Terms of Use

INTRODUCTION

Welcome, we would like to take this opportunity to thank you for visiting the GridLiance Silverado Renewables Connection website.

The trademarks, service marks, trade names, logos and other indications of origin displayed within this website are owned by GridLiance.

By using this website, you represent that you agree with our Terms of Use and Privacy Policy (our “Privacy Policy”) found elsewhere on the website. If you do not agree with anything found in the Terms of Use or Privacy Policy, please do not use this website.

ACKNOWLEDGEMENT

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of this website, and your access to material and information made available through the use of the website.


REGISTRATION AND SITE SECURITY

GridLiance uses industry standard encryption technologies when transferring and receiving consumer data exchanged on this website. You further acknowledge that any personal information that you provide through this website may be used by GridLiance in accordance with GridLiance’s Privacy Policy.

You also agree to promptly notify us at communications@gridliance.com of any unauthorized use of your personal information, or any other breach of security that you become aware of involving or relating to this website.

YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION, AND THAT WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH LOSSES OR DAMAGES.

RESTRICTIONS OF USE

All information, content and materials contained on this website are the property of GridLiance or its licensors and is protected under U.S. and international copyright law. None of the information, content or material from this website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. The use of any information, content or materials on this website without our express written permission (which may be withheld for any reason) is strictly prohibited.

The GridLiance website is for your personal use only. You may not use this website for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

GRIDLIANCE WEBSITE RULES

The following is a list of rules you MUST follow in order to use the GridLiance website. By using this website, you represent the following:

  • You will not submit or transmit any information or material that:
    (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be an invasion of another’s right to privacy; (b) is offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation.
  • You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these Terms of Use, all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise make available or transmit.
  • You will not submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage this website or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of this website.
  • You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s name, likeness, voice, image or photograph.
  • You may not use this website or any of the content obtained from this website for the purpose of competing with GridLiance or any of its affiliates.
  • You will not delete any legal notices, disclaimers or proprietary notices, such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify.
  • You may not use any software, bots, spiders, web-crawlers or any other similar data mining software, tools or applications to monitor, copy, or otherwise mine any information contained on this website without the prior express permission of GridLiance.
  • You will not submit or transmit any information or communication that is in violation of these Terms of Use.
  • You will not engage in (or attempt to engage in) any type of criminal activity within the GridLiance website.

GridLiance reserves the right, in its sole discretion, to terminate and block access to the GridLiance website for any violation of the Terms of Use.

We cannot and do not assure that other users are, or will be, in compliance with the GridLiance website rules or any other provisions of these Terms of Use, and, as between you and GridLiance, you hereby assume all risk of harm or injury resulting from any other person’s lack of compliance which causes you harm.

To the extent that any feature on the GridLiance website requires you to submit your e-mail address in order to send an e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address.

Any business use, “re-mailing,” or other high-volume application is strictly prohibited. You are not permitted to send e-mails or messages using an automated program. E-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver e-mails messages that violate these guidelines.

WE RESERVE THE RIGHT TO MODIFY OR CHANGE THE GRIDLIANCE WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT, INFORMATION OR MATERIALS APPEARING ON OR AVAILABLE THROUGH THE GRIDLIANCE WEBSITE FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE TO YOU.

SUBMISSIONS TO THE GRIDLIANCE WEBSITE

Please do not send us any unsolicited materials, including but not limited to the following: pitches, ideas, concepts, suggestions, photographs, drawings, videos, audiovisual works, and/or other similar materials (“Unsolicited Materials”).

If, despite our warnings, you send GridLiance any Unsolicited Materials, you will be deemed to have granted and assigned all right, title and interest in and to such Unsolicited Materials, including without limitation any ideas, methods and inventions contained therein, to GridLiance, and GridLiance and its affiliates shall be entitled to use such Unsolicited Materials for any purpose whatsoever, commercial or otherwise, without compensation to you.

You agree that any Unsolicited Materials you submit are not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and GridLiance in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to Unsolicited Materials exist and are not exclusively owned by GridLiance, you agree not to enforce any such rights against GridLiance or our licensees, distributors, agents, representatives and other authorized users.

THIRD PARTY SITES

You acknowledge that when visiting the GridLiance website, you may be directed to other websites not under the control of GridLiance. For example, if you click on an advertisement, pop-up, or search result, that click may take you off the GridLiance website. You acknowledge that when you click on a link that directs you to a site other than the GridLiance website, your arrival site will not be controlled by GridLiance and any terms of use or policies associated with such site may apply. You also acknowledge that GridLiance will not be responsible for your use of any such websites.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the GridLiance website.

DISCLAIMER; LIMITATION OF LIABILITY

GRIDLIANCE DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT THAT YOU MAY OBTAIN USING THE GRIDLIANCE WEBSITE OR THE INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE GRIDLIANCE WEBSITE. THE INFORMATION, CONTENT AND MATERIALS ON THE GRIDLIANCE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE GRIDLIANCE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE GRIDLIANCE WEBSITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE LIABILITY FOR THE SELECTION AND USE OF THE GRIDLIANCE WEBSITE, AND GRIDLIANCE SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO YOUR USE OF THE GRIDLIANCE WEBSITE. YOU ACKNOWLEDGE THAT THIS DISCLAIMER SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, GRIDLIANCE’S OWN NEGLIGENCE, SHALL GRIDLIANCE, OUR LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES OR OTHER AUTHORIZED USERS, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE GRIDLIANCE WEBSITE OR CONTENT, MATERIALS OR FUNCTIONS ON SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE GRIDLIANCE WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY GRIDLIANCE WEBSITE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE GRIDLIANCE WEBSITE OR GRIDLIANCE’S TERMINATION OF THESE TERMS OF USE.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL GRIDLIANCE, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE GRIDLIANCE WEBSITE OR GRIDLIANCE’S TERMINATION OF THESE TERMS OF USE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER GRIDLIANCE, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE GRIDLIANCE WEBSITE AND ANY WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE GRIDLIANCE WEBSITE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE GRIDLIANCE WEBSITE OR GRIDLIANCE’S TERMINATION OF THESE TERMS OF USE.

GRIDLIANCE IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS. UNDER NO CIRCUMSTANCES WILL GRIDLIANCE OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF THE MATERIALS ON THE GRIDLIANCE WEBSITE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE GRIDLIANCE WEBSITE OR GRIDLIANCE’S TERMINATION OF THESE TERMS OF USE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER OF LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You are entirely responsible for safeguarding and maintaining the confidentiality of your personal information, as well as your activities on the GridLiance website. You hereby agree to indemnify, defend, and hold GridLiance, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified person or entity in connection with any claim arising out of any breach by you of these terms of use . You shall use your best efforts to cooperate with GridLiance in the defense of any such matter.

GOVERNING LAW, JURISDICTION AND VENUE

You acknowledge and agree that these Terms of Use, and any and all transactions entered into utilizing the GridLiance website, shall be governed by the laws of the State of Texas without regard to its choice of law provisions. By utilizing the GridLiance website, you further acknowledge and agree that any dispute or claim resulting from use of the GridLiance website or the content thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas, submit to the exclusive jurisdiction of such courts with regard to any such dispute or claim, and waive any and all objections to the exclusive jurisdiction of such courts. If a provision of these Terms of Use is held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. Further, all terms and conditions of these Terms of Use shall be deemed enforceable to the fullest extent permissible under applicable law, and when necessary, the court is requested to reform any and all terms or conditions to give them such effect. This provision shall survive the termination of your use of the GridLiance website or GridLiance’s termination of these Terms of Use.

CHANGES

GridLiance reserves the right, in its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of the GridLiance website following any amendment of these terms of use will signify and constitute your assent to, and acceptance of, such revised Terms of Use.

TERMINATION

These Terms of Use are effective until terminated by us for any reason in our sole and absolute discretion. 

We may immediately terminate these Terms of Use with respect to you (including your access to all or any portion of the GridLiance website) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of the GridLiance website and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms of Use, which by their nature should survive the termination of these terms of use, shall so survive such termination.