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Privacy Policy & Terms and Conditions

QUALIFICATIONS & CERTIFICATIONS

UL 1741 : 2010 2nd Edition – Pending end of Q3, 2014

CSA C22.2.107.1-01

Apparent’s products are protected by U.S. Pat#:7,839,025; 7,960,870; 8,013,474; 8,013,583; 8,212,399; 8,693,228; pending U.S. and Intl patents.

PRIVACY POLICY

Apparent values your interest in it and strives to protect the security and privacy of your personal information. Apparent does collect specific data to respond to inquiries and to improve the web site. We do not share your personal data with any third party unless (i) we have your consent, (ii) we are subject to a Court or Government order, (iii) we are investigating or responding to unlawful activity, or (iv) a business transaction requires limited disclosure. Apparent’s privacy policies apply to its general web site, and Energy Review customer-user site.  If you have questions regarding our privacy policy, please contact us at 7428 Redwood Blvd., Novato, California 94945. Apparent reserves the right to modify these policies.

The general web site and Energy Review request personal information from you for two general purposes: to respond to your inquiries or to perform monitoring services; and to improve Apparent’s service. Upon receipt of a request for information or request for Energy Review monitoring services, Apparent will register your personal information. The registration will be used to provide information about Apparent and its products and services. To accommodate your changing needs, Apparent provides a means for you to be removed from registration and to stop receiving information from Apparent.

In the case of Energy Review, your personal information as well as a system location based on an IP address is also collected (sometimes by a third party) and registered with Apparent. Energy Review collects and reports information relating to the performance of your system to Apparent until the system is decommissioned. Customers of Energy Review may also be asked to complete surveys or provide information about the performance of a system. This information may be used by Apparent in aggregated (unidentified manner) for its business purposes such as to improve Apparent’s products and services, to solicit investment and new business.

In addition to registration, Apparent may collect information automatically to improve the function and services of its web site. Information collected may include the type of internet browser you use, the website that directed you to Apparent, time spent on a page and whether you registered if offered the chance to do so. We may use your IP address to address hacking or other problems associated with the function of the web site.

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In addition to protecting personal information by limiting its use, Apparent uses generally accepted industry standards to best protect your personal information.

Please note, that the Privacy Policy described here does not extend to any links or publications accessed through our web site or materials. Apparent does not verify or endorse the representations made by third parties in links posted on our general web site, Energy Review, or in dialog with Apparent.

TERMS AND CONDITIONS

By using Apparent’s general web site, Energy Review, or any dialog processed through these sites, you agree to be bound by the terms and conditions or you represent that you have the authority to bind another person or an entity to these terms and conditions.

COPYRIGHT, MARKS, and PATENT PROTECTION

Apparent’s web sites and public communications are copyrighted works owned by Apparent, Inc. The statements, information, diagrams, trademarks, service marks, trade names or other content contained or referenced in the websites or in any dialog with Apparent are protected by copyright laws throughout the world. Subject to these Terms, we grant you a limited license to reproduce portions of Apparent’s website content to review it, provided all marks (copy and trade marks) are included on all copies. Any unauthorized reproduction, modification, distribution, or performance of any web site or dialog is prohibited. There are no implied licenses offered or provided by these limited grants and Apparent retains all rights not specifically extended by these terms and conditions.

The trademarks, service marks and logos (“Marks”) displayed on the general and Energy Review web sites are the property of Apparent or third parties as designated. You are expressly prohibited from using these Marks for any purpose, including as metadata on other pages or websites, without Apparent’s or the third party’s prior written consent. Apparent’s products are protected by U.S. Pat#:7,839,025; 7,960,870; 8,013,474; 8,013,583; 8,212,399; 8,693,228; pending U.S. and Intl patents.

ACCEPTABLE USE AND TERMS AND CONDITIONS OF USE

You represent and warrant that your activities and use of any website and/or service will not:

  • violate any law (including any law regarding the export of data, software or technology to and from the United States and other countries) or these terms;
  • attempt to access any site or any web page by any means other than the interface provided (such as automated means);
  • engage in any activity that may interfere or disrupt the functioning of any web site or service;
  • use registration through Apparent web sites in connection with unsolicited commercial mail;
  • collect, harvest, mine or engage in any other activity to obtain personal information without Apparent’s express prior knowledge and consent;
  • remove any content or edit any content on an Apparent web site;
  • create a false identity for the purpose of misleading others;

You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from us, in violation of United States export laws or regulations. The rights in these terms are not transferrable by you to any third party. Apparent may assign this agreement without restriction.

You may elect not to accept these terms and conditions by not using Apparent’s web sites or by not entering into a dialog with Apparent. To access services on the web sites, you may be required to register. To register you represent that (i) you are 18 years of age or older, (ii) all required registration or other information you submit is accurate; (iii) you will update and maintain the accuracy of submitted information; and (iv) your use of web sites or services will not violate any applicable law, rule or regulation or the terms of these terms. If you are required to choose a user name and password upon registration, you are responsible for the selection and confidentiality of your password. You agree to contact us if you suspect your registration has been used by another person. You agree not to (a) use any one else’s registration at any time; (b) sell or lease your registration temporarily or permanently, to a third party. You are solely responsible for any and all use of your registration. Apparent reserves the right to suspend or terminate your registration for any or no reason.

These terms of use are governed by the laws of the State of California, without giving effect to any conflicts of laws principles that would require the application of the law of a different jurisdiction. You and Apparent select the federal and state courts of the northern district of California for the choice of forum and by using Apparent’s web sites and engaging in dialog with Apparent you consent to personal jurisdiction and forum selection of these courts.

These terms and conditions of use constitute Apparent’s and your complete understanding as to the scope of our and your rights regarding the web sites and dialog. Apparent’s or your failure to enforce any right or provision does not waive the right or provision. If any provision of these terms is, for any reason, held to be invalid or unenforceable, it shall be deleted and the remaining terms shall be enforced to the fullest extent possible.

DISCLAIMERS

Apparent’s web content, including its descriptions of products and services, are provided on an as available basis without any warranties, express, implied, or statutory (including the warranty of merchantability), accuracy, or a specific level of performance. Apparent does not warrant that its web sites or dialog will be complete, uninterrupted, corrected, or current. We do not warrant that Apparent’s web sites or dialog will meet your requirements or expectations. If a specific jurisdiction or law imposes a warranty upon Apparent’s web sites, dialog, or services, such warranty will be limited to the fullest extent possible and limited in time to 30 days from the date of your use of the web site, dialog, or services. Under no circumstances does Apparent assume or agree to any liability for damage to your computer, phone, or media devices (including loss or disclosure of data).

To the fullest extent permitted by law, you agree that Apparent has no liability for indirect, incidental, exemplary or consequential damages associated with the web sites, dialog, or services. Please note that these disclaimers may not apply in all jurisdictions and so may not apply to you.

Apparent does not manage, review, or verify the representations made by third parties in linked sites or comments.

Your use of Apparent’s web sites and any information exchanged in dialog with Apparent is subject to duplication by the U.S. Government as set forth in FAR 52.227-14 and DFAR 252.227-7013, et seq.

You agree to indemnify and hold Apparent as well as its predecessors, affiliates, officers, Board Members, employees and agents, harmless from and against all losses, liability, and expenses relating to any claim or demand made by a third party and arising from your use of an Apparent web site or your dialog with Apparent.

To the fullest extent permitted by law, you release and discharge Apparent, its related entities, officers, Board Members, employees and agents from liability related to: (i) any incorrect or inaccurate web site content; (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems on the Internet or at any web site, or combination, including damage to any person’s computer related to or resulting from participating or downloading materials in connection with the services or web sites; and, (iii) any loss or damage caused by or in reliance upon any web site or dialog with Apparent or content transmitted by and to users whether online or offline.

If you are a California resident, by using the Apparent web sites or engaging in dialog with Apparent you waive California Civil Code Section 1542, which states:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

These Terms are subject to change by Apparent and within its sole discretion. If changed, Apparent will use its good faith effort to notify you of the changes.