Legal Disclaimer

 

 

 

Legal Disclaimer Overview

This Disclaimer is an agreement between NEXTracker Inc. (“NEXTracker” “we” and “us”) and you, a user of the NEXTracker web site. Please read this Disclaimer carefully. By accessing or using the NEXTracker web site, you agree to be bound by this Disclaimer, as well as by NEXTracker’s Privacy Policy.

Any new features of the NEXTracker web site, including updates, upgrades, releases, new products, or new services, shall also be subject to this Disclaimer.

In addition, some products or services offered through the NEXTracker web site may be subject to additional terms and conditions, which may be provided in conjunction with such products or services (collectively, the “Product and Service Agreements”). Your use of such products or services is subject to the applicable Product and Service Agreement(s). In the event of any conflict between a Product and Service Agreement and this Disclaimer, with respect to your use of such products or services, the Product and Service Agreement(s) shall apply.

1. ACCEPTABLE USE
You may access the NEXTracker web site and any content or information contained therein for your information and use solely as permitted under this Disclaimer. You may not use, download, or copy any content on the NEXTracker web site unless: (1) you use the content solely for personal, informational, and noncommercial purposes; (2) the NEXTracker trademark and copyright symbol and statement set forth on each page of this Web site appears on each downloaded or copied page; and (3) no modifications are made to any content. NEXTracker reserves the right to revoke the authorization to view, download, and print the content available on this site at any time, and any such use shall be discontinued immediately upon written notice from NEXTracker. Except as expressly provided herein or on the NEXTracker web site, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, or distribute any content from the NEXTracker web site in whole or in part without the prior written permission of NEXTracker. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our web site in a manner that sends more request messages to NEXTracker’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree to comply with all applicable laws in your use of the NEXTracker web site. NEXTracker, its licensors and suppliers reserve all rights not expressly granted in this Disclaimer.

2. NEXTRACKER CONTENT; PROPRIETARY RIGHTS
Through the NEXTracker web site, we provide information about NEXTracker, the NEXTracker products and related services. We are the owner or authorized licensee of all information, materials, functions and other content contained on the NEXTracker web site, and you acknowledge that you are only receiving a limited right to access or use this content. Except as expressly permitted in this Disclaimer and on the NEXTracker web site, no content from the NEXTracker web site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our web site.

We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of the NEXTracker web site and its content, as well as your access to and use of any products or services. We may use such information and data for benchmarking and other service enhancements. Information we collect from you will be treated pursuant to our then current Privacy Policy.

The name “NEXTracker” is a registered trademark of NEXTracker Inc., and it, and all of NEXTracker’s graphics, slogans, logos, designs, page headers, button icons, scripts, product names, and service names are copyrights, trademarks, trade names, or trade dress of NEXTracker in the United States and/or other countries. These copyrights, trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion, unless expressly allowed in writing by NEXTracker. All other trademarks, product names, trade names, service names and logos used within the NEXTracker website are the property of their respective holders and you are not permitted to use same without the prior written consent of the respective owner. Use, by NEXTracker, of such other company trademarks, trade names, product names, service names, logos, or images of the same does not necessarily constitute: (1) an endorsement by such company of NEXTracker and its products, or (2) an endorsement of the company or its products by NEXTracker.

We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the access of users who infringe or are charged with infringing the intellectual property rights of others.

3. LINKS TO THIRD PARTY SITES
We are not responsible for the content or availability of outside web sites or resources linked to or referenced on the NEXTracker web site. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, services or other materials on or available from such web sites.

The NEXTracker web site may contain links or references to outside web sites or resources. NEXTracker does not endorse and is not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, services, or other materials on or available from such web sites or resources.

4. REGISTRATION AND ACCOUNTS
The content available on NEXTracker’s public web site may be accessed without registering with NEXTracker. If you choose to purchase any products or services offered on our web site, desire to become a NEXTracker partner, or desire to apply for a position at NEXTracker, you may be asked to register with us and to create your own unique user name and password. You must keep all account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account.

You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce this Disclaimer.

5. REPORTING COPYRIGHT INFRINGEMENT
If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through the NEXTracker web site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site.

The DMCA Notice of Alleged Infringement shall:
1. Identify the copyrighted work that you claim has been infringed.
2. Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the web site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the notice:
o “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

o “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

5. Provide your full legal name and your electronic or physical signature.

Deliver this notice, with all items completed, to NEXTracker’s Designated Copyright Agent at:

NEXTracker, Inc.
6200 Paseo Padre Parkway
Fremont, CA 94555
Attn: Kristan Kirsh
Email: kkirsh@NEXTracker.com

6. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY
THE NEXTRACKER WEB SITE, ITS CONTENT, AND ANY DOCUMENTATION, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND. NEXTRACKER AND ITS SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO NEXTRACKER’S WEB SITE, ITS CONTENT, ANY DOCUMENTATION, PRODUCTS, AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

NEXTRACKER AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, OR COSTS OF REPLACEMENT GOODS, HOWEVER CAUSED, ARISING OUT OF THIS DISCLAIMER, THE USE OF OR INABILITY TO USE THE NEXTRACKER WEB SITE, OR ANY DOCUMENTATION, PRODUCTS, OR SERVICES, EVEN IF NEXTRACKER OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NEXTRACKER’S AGGREGATE LIABILITY ARISING OUT OF THIS DISCLAIMER OR YOUR USE OF NEXTRACKER’S CONTENT, WEB SITE, ANY DOCUMENTATION, PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT, SERVICES OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.

7. INDEMNIFICATION
You agree to defend, indemnify and hold harmless NEXTracker and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of this Disclaimer or your violation of any law or the rights of a third party.

8. TERMINATION
This Disclaimer shall take effect on the date you first access or use our web site and shall continue until terminated in accordance with this Disclaimer. You agree that we may, in NEXTracker’s sole discretion, suspend, block, or terminate your access to all or part of the NEXTracker web site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

9. GOVERNING LAW
Any claim or dispute arising out of or relating to your use or attempted use of the NEXTracker web site shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. By using the NEXTracker web site, you submit to the exclusive personal jurisdiction of the appropriate state or federal courts in Santa Clara County, California, in any proceeding relating to any such claim or dispute.

10. MISCELLANEOUS
This Disclaimer and our Privacy Policy constitute the entire agreement between you and NEXTracker. You may not assign this Disclaimer in whole or in part without NEXTracker’s prior written consent, and any purported assignment in violation of this sentence shall be null and void. We may assign or otherwise transfer this Disclaimer and all rights hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which this Disclaimer relates. This Disclaimer shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of this Disclaimer is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of this Disclaimer shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

11. MODIFICATIONS
We reserve the right to make changes to this Disclaimer at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review this Disclaimer periodically to familiarize yourself with any modifications. By continuing to access and use the NEXTracker web site after those changes become effective, you consent and agree to be bound by the revised Disclaimer.

12. CONTACT US

If you have any questions or comments regarding this Disclaimer or our Privacy Policy, you may contact us at: admin@NEXTracker.com.

This Disclaimer is effective as of April 7, 2016.