SolarResilientTM Terms of Use
<p class="p1">Welcome to the online SolarResilient<span class="s2"><sup>TM</sup></span> system sizing tool (“SolarResilient”). SolarResilient was developed by Arup North America Ltd. (“Arup”) for San Francisco Department of the Environment (collectively, “Developers”) with funding from the Office of Energy Efficiency and Renewable Energy (EERE), U.S. Department of Energy, under Award Number DE-EE0006906.</p> <p class="p4">By using SolarResilient, you agree to be bound by the following Terms of Use, as updated from time to time. Developers retain the right to amend these terms upon providing to users notice and an opportunity accept or reject these amended terms. If you do not agree to all of these Terms of Use, please do not use the tool.</p> <p class="p3"><strong>1.</strong> <strong>Use.</strong> This tool is made available by the Developers to the user free of charge on the basis that no representations or warranties express or implied are made regarding its performance, the accuracy or completeness of the tool or the data and/or information contained therein. No legal reliance shall be placed upon the output of the tool. The user must make their own investigations and assessments as required to satisfy themselves as to the adequacy or otherwise of the tool and output and the user assumes full responsibility for any loss resulting from use (or misuse) of the tool. User hereby indemnifies Developers in respect of any such loss or damage. A licensed professional engineer should be consulted for the design of solar and energy storage systems.</p> <p class="p5"><span class="s3"><strong>2. Copyright.</strong> </span>The contents of this web site are protected by copyright and other intellectual property rights under international conventions. Words, images, and/or graphic representations contained in this web site are permitted to be used with attribution credit to SolarResilient<sup>TM</sup> but not in any way that suggests endorsement of you or your use. <span class="s3"><br /> </span></p> <p class="p3"><strong>3. Disclaimers.</strong></p> <p class="p6" style="padding-left: 30px;">a. Developers provide SolarResilient on an “as is” and “as available” basis. Developers do not make any warranties or representations, express or implied, including, but not limited to, warranties of accuracy of the calculations performed by SolarResilient, availability of SolarResilient, functionality of SolarResilient, fitness of SolarResilient for a particular purpose, access to user data stored in SolarResilient, and noninfringement.</p> <p class="p6" style="padding-left: 30px;">b. SolarResilient is a product of work funded in part by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.</p> <p class="p3"><strong>4.</strong> <strong>Limitation on Liability.</strong> Developers, their partners, and their suppliers are not liable for any damages caused by any inaccuracies, incompleteness, malfunctioning, impossibility of access, lost user data, or poor use conditions of SolarResilient. If you are dissatisfied or harmed by using SolarResilient, your sole remedy is to stop using SolarResilient and terminate these Terms of Use. Developers shall not be liable for any consequential, indirect or special damages, whether or not the Developers advised the user of the possibility of such loss or damage, including but not limited to the following: (i) loss of profits, revenue, contracts or anticipated savings; (ii) loss arising out of any delay or loss of time; or (iii) loss or damage arising from loss, damage or corruption of any data. To the fullest extent permitted by law, in no event shall the total liability of Developers under or in connection with this Agreement whether in contract, tort, negligence, breach or otherwise, exceed ten thousand dollars ($10,000).</p> <p class="p3"><strong>5.</strong> <strong>User-entered data and results.</strong></p> <p style="padding-left: 30px;">a. You may enter data and create property profiles in SolarResilient, and save the results of calculations performed by SolarResilient for your future use. However, Developers do not guarantee future availability of data and are not liable for lost data. Developers recommend that you save any data you enter into SolarResilient and any results generated by SolarResilient in a secondary location separate from your user account within SolarResilient. </p> <p style="padding-left: 30px;">b. Developers do not warrant that the results will meet your particular requirements, whether or not those requirements have been made known to Developers.</p> <p style="padding-left: 30px;">c. SolarResilient was built to create an initial estimation of solar and battery sizes to align with criteria that the user has selected. You are responsible and liable for all inferences made, and interpretation of, the results at your sole risk.</p> <p style="padding-left: 30px;">d. SolarResilient produces the results in a webpage. These can be downloaded into a PDF format at your sole risk and subject to the restrictions on use stated herein.</p> <p><strong>6. Use of PVWatts.</strong> SolarResilient uses NREL’s PVWatts<sup>®</sup> to estimate solar energy generation based on the location data that the user enters. By using SolarResilient the user also accepts all of the terms of use of NREL’s PVWatts. These terms and conditions can be found at this website http://www.nrel.gov/disclaimer.html. </p> <p class="p3"><strong>7. Permission to access your energy usage data.</strong> By uploading a facility’s hourly energy usage data to SolarResilient via the “standard” electrical emergency load option, you agree that Developers may view that energy usage data and use it to perform calculations within SolarResilient.</p> <p class="p3"><strong>8. Privacy.</strong> To use SolarResilient via the user interface, you must provide your email address to create a user account. Developers may use your email address to send you a link to reset your password if you request it, to respond to feedback you provide via SolarResilient, and to measure use of SolarResilient by distinct users. Developers will not sell or voluntarily share your email address with other organizations. Developers are subject to the provisions of the California Public Records Act contained in California Government Code Sections 6250 et seq., the Sunshine Ordinance in San Francisco Administrative Code Chapter 67, and other public records laws. Developers thus may be required to disclose records they maintain that are not exempt under these laws to a member of the public upon request. </p> <p class="p3"><strong>9. Indemnification.</strong> You agree to defend and hold Developers, their affiliates, partners and suppliers, and their respective directors, officers, employees, and agents harmless from any and all claims and demands made by any third party due to or arising out of your breach of these Terms of Use, your use of SolarResilient, your reliance on information produced by SolarResilient, or your violation of any law or the rights of a third party.</p> <p class="p3"><strong>10. Choice of Law; Disputes.</strong> These Terms of Use are governed by the laws of the State of California. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in San Francisco County, California, for any and all disputes, claims and actions arising from or in connection with SolarResilient and/or these Terms of Use.<span class="Apple-converted-space"> </span></p> <p class="p3"><strong>11. Entirety of Agreement.</strong> These Terms of Use set forth the entire understanding between the parties with respect to the subject matter hereof, and merge and supersede all prior agreements, discussions and understandings, express or implied, concerning such matters.</p>