First Solar Terms of Use

 

This website and/or its mobile sites and applications (collectively, this “Site”) is operated by First Solar, Inc. (“First Solar,” “we,” “us,” and “our”). These Terms of Use (“Terms of Use”) apply to your use of this Site.  This Site allows you to: (a) participate in interactive features that we may make available from time to time; and/or (b) simply view information and data.  First Solar offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms of Use.  In order to use certain features of this Site, you must first register with us through our online registration process. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

 

PLEASE CAREFULLY READ THESE TERMS OF USE, ALONG WITH THE PRIVACY POLICY (AS DEFINED BELOW) AND OTHER POLICIES OR TERMS REFERENCED IN THESE TERMS OF USE, BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE THEN IN EFFECT, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW.  PLEASE READ THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER PROVISIONS BELOW, AS THEY AFFECT YOUR RIGHTS UNDER THESE TERMS OF USE.

 

Please note that supplemental terms and conditions may apply to certain portals related to and/or linked through this Site, such as the PlantPredict terms of use and the PlantAdvise License End-User Agreement. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these Terms of Use with respect to such linked portal/site.

 

1. Your Use of this Site and Affirmative Representations.

 

YOU AGREE THAT YOUR USE OF THIS SITE AND SERVICES WILL BE AT YOUR SOLE RISK. When you use this Site, you represent that: (a) the information you submit is truthful, complete and accurate; (b) as applicable, you will update your contact information if it changes so that we can contact you; (c) your use of this Site and your use of services available on this Site do not violate any applicable law or regulation, including, but not limited to, United States export control and economic sanctions requirements; (d) you are 18 years of age or older; (e) you will comply with the rules for online conduct and what you contribute to this Site, as discussed in Section 2 below. You further represent and warrant that you will comply with all local rules regarding online conduct and acceptable Contributions (as defined below).

 

First Solar grants you a limited, non-exclusive, non-sublicensable, non-transferable license to access and make personal use of this Site and the Materials (as defined below). Unless indicated to the contrary, you may access, copy, download and print Materials available on this Site for your personal, non-commercial use.

 

 

 

 

2. Rules Governing Public Contributions, Forums and Interactive Features.

 

This Site may provide features for us to communicate with you. Please read our Privacy Policy, available at http://www.firstsolar.com/en/About-Us/Privacy-Policy (“Privacy Policy”), to understand your privacy protections. You consent to any personal information we obtain about you (either via this Site, by email, by telephone or via any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. 

 

You are entirely responsible for the content of, and any harm resulting from, any of your postings, comments, content or submissions to this Site (collectively, “Contributions”).  

 

When you create or make available a Contribution or otherwise interact with this Site, you represent and warrant that you:

 

  • ·own or have sufficient rights to use the information in the Contribution;
  • will not post Contributions that violate our or any other person’s privacy rights, publicity rights, intellectual property rights or contract rights;
  • have fully complied with any third-party licenses relating to Contributions and agree to pay all royalties, fees and any other monies owning any person by reason of Contributions that you posted to or through this Site;
  • will not post Contributions that: (a) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (b) incite, encourage or threaten immediate physical harm against another, including, but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (c) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
  • will not use this Site for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, this Site without our express written consent;
  • will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on this Site or our or others’ computers or equipment, that is designated to enable you or others to gather information about or monitor the online or other activities of another party;
  • will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on this Site or the networks or services connected to this Site, including, without limitation, hacking into this Site or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
  • will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; and
  • will not take data or information from this Site and utilize it for purposes for which is it is not intended. 

 

 Privacy Policy

 

3. Use and Protection of Account Number and Password.

 

Access to and use of certain areas of this Site is restricted to authorized users only. By registering for such areas of this Site, you agree to provide true, accurate, current and complete information about yourself.  You are responsible for maintaining the confidentiality of your account number and password, if applicable. You are responsible for all statements made, acts or omissions that occur, and uses of your account, whether or not actually or expressly authorized by you. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, notify us immediately. We may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise. 

 

4. Our Intellectual Property Rights.

 

All of the content on this Site (“Materials”) as well as the trademarks, service marks, and logos contained on this Site (“Marks”) are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

 

We reserve all rights not expressly granted in and to this Site, the Materials and the Marks. If you download or print a copy of the Materials for your own personal use, you must retain all copyright and other proprietary notices contained in and on the Materials. You agree that you will not circumvent, disable or otherwise interfere with any content protection system, digital rights management technology or other security related features of this Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of this Site or the Materials on this Site. You further agree not to access this Site by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.

 

5. Our Management of this Site/User Misconduct.

 

5.1 Our Site Management. We may, but are not required to: (a) monitor, screen, post, modify, store and review Contributions or any other communications sent through or posted to this Site, at any time and for any reason, including to ensure that Contributions conform to these Terms of Use, without prior notice to you; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms of Use; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms of Use, the law or any of our policies, or are excessive in size or burdensome; and/or (d) manage this Site in a manner designed to protect our and third parties’ rights and property and/or to facilitate the proper functioning of this Site.

5.2 Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO, AND USE OF, THIS SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE, OR OF ANY APPLICABLE LAW OR REGULATION. Termination of your access to, or use OF, THIS SITE will not waive or affect any other right or relief to which First Solar may be entitled, at law or in equity.

 

5.3 Risk of Harm.  Please choose carefully the information that you (a) post on this Site, including in any Contributions; and/or (b) give to other Site users. You are discouraged from publicly posting the following information on this Site: your full name, telephone numbers and street addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through this Site. We expect that you will use caution and common sense when using this Site.

 

6. Term and Survival.

 

These Terms of Use shall remain in full force and effect while you use this Site. You may terminate your use or participation at any time, for any reason, by contacting us at the address set forth in Section 15, below.  Upon termination of your account for any reason, we will close your account, and you will no longer be able to retrieve materials contained in the account. Even after your use and participation is terminated, these Terms of Use will remain in effect. Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

 

7. Copyright Policy.

 

First Solar respects the intellectual property of others, and we ask our users to do the same. You are hereby informed that First Solar has adopted and reasonably implemented a policy that provides for the termination, in appropriate circumstances, of Site users who are repeat copyright infringers. First Solar may, in appropriate circumstances, and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party.

 

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Copyright Agent (as defined below) the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

 

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and a description of where the material that you claim is infringing is located on this Site;
  • your address, telephone number, and, if available, email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

First Solar’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

 

First Solar, Inc.

Attn:  Chief Patent Officer

28101 Cedar Park Blvd.

Perrysburg, Ohio  43551

USA

 

First Solar may update the Copyright Agent contact information from time to time without notice to you. We will post the current Copyright Agent contact information on this Site.

 

8. Modifications.

 

You acknowledge and agree that First Solar may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, by posting revised Terms of Use on this Site.  You may not amend or modify these Terms of Use under any circumstances. It is your responsibility to check periodically for any changes we make to these Terms of Use, but we will notify you about material changes to these Terms of Use in accordance with applicable laws. Your continued use of this Site after any changes to these Terms of Use means you accept the changes. No changes to these Terms of Use occurring after a Dispute (as defined below) between you and First Solar arises will apply retroactively.

 

9. Arbitration, Waiver of Jury Trial and Class Action, Choice of Law and Forum.

 

You and First Solar agree to arbitrate all disputes, except disputes relating to the enforcement of First Solar’s intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning this Site or these Terms of Use, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.

 

In the event of a Dispute, you or First Solar must send to the other party a notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute and the relief requested (the “Notice of Dispute”). You must send any Notice of Dispute to:

 

First Solar, Inc.

Attn:  General Counsel

350 West Washington Street, Suite 600

Tempe, Arizona  85281

USA

 

We will send any Notice of Dispute to you at the contact information we have for you.

 

YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.  If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you.

 

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor First Solar will seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

 

FOR ANY ACTIONS NOT SUBJECT TO ARBITRATION, YOU AND WE AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK. YOU AND WE FURTHER AGREE THAT ANY DISPUTES SHALL BE RESOLVED UNDER THE SUBSTANTIVE LAW OF THE STATE OF NEW YORK (EXCLUSIVE OF ITS CHOICE OF LAW PROVISIONS). THE CONVENTION FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY.

 

10. Disclaimers.

 

10.1 General Disclaimer.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. 

 

10.2 Disclaimer of Warranties regarding this Site, Materials and Contributions.  ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT, INCLUDING, BUT NOT LIMITED TO, THE MATERIALS, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS SITE.  WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICES; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY; AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND/OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTRIBUTIONS AND/OR ANY OTHER CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. FIRST SOLAR NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THIS SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES.

 

10.3 Applicability. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

11. Limited Liability.

 

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF USE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

 

 

12. Indemnity.

 

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site, content, Contributions or Materials in violation of these Terms of Use and/or arising from a breach of these Terms of Use, our use and exploitation of your Contributions, and/or any breach of your representations and warranties set forth above.

 

13. Feedback.

 

If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to this Site or otherwise, such Feedback will be deemed a Contribution, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place First Solar under any fiduciary or other obligation.

 

14. Miscellaneous.

 

14.1 Entire Agreement. These Terms of Use constitutes the entire agreement between you and us regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.

 

14.2 Force Majeure.  First Solar shall be excused from performance under these Terms of Use to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; or (e) other causes beyond the reasonable control of First Solar.

 

14.3 No Third Party Beneficiaries. These Terms of Use are between you and us. There are no third-party beneficiaries to these Terms of Use.

 

14.4 Section Titles. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

 

14.5 Non-Waiver. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

 

14.6 Severability. These Terms of Use operates to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

14.7 Assignment. You may not assign your rights under these Terms of Use to any third party; we may assign our rights under these Terms of Use without condition.

 

15. How to Contact Us.

 

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at InfoSec@firstsolar.com, or write to us at:

 

First Solar, Inc.

Attn:  Information Security Officer

28101 Cedar Park Blvd.

Perrysburg, Ohio  43551

USA

 

 

 

Last Modified: April 27, 2017