WE CARE SOLAR TERMS AND CONDITIONS
We Care Solar (WCS) is non-profit organization with tax-exempt status as provided by the Internal Revenue Code Section 501(c)(3) and the California Revenue and Taxation Code Section 23701(d). We Care Solar’s tax identification number is 30-0627106.
These terms and conditions govern your use of We Care Solar’s website at www.wecaresolar.org and our affiliate website located at www.wesharesolar.org (collectively referred to as the “WCS Website”).
By using the WCS Website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this Website.
License to Use Website
Unless otherwise stated, We Care Solar and/or its licensors own the intellectual property rights in the WCS Website and material on the WCS Website. Subject to the license below, all of these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the WCS Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- Republish material from the WCS Website (including republication on another website);
- Sell, rent or sub-license material from the WCS Website;
- Show any material from the WCS Website in public;
- Reproduce, duplicate, copy or otherwise exploit material on the WCS Website for a commercial purpose;
- Edit or otherwise modify any material on the WCS Website; or
- Redistribute material from the WCS Website, except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use the WCS Website in any way that causes, or may cause, damage to the WCS Website or impairment of the availability or accessibility of the WCS Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the WCS Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the WCS Website without We Care Solar’s express written consent.
You must not use the WCS Website to transmit or send unsolicited commercial communications.
You must not use the WCS Website for any purposes related to marketing without We Care Solar’s express written consent.
In these terms and conditions, “Your User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to the WCS Website, for whatever purpose.
You grant to We Care Solar a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute Your User Content in any existing or future media. You also grant to We Care Solar the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or We Care Solar or a third party, in each case under any applicable law.
You must not submit any User Content to the WCS Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We Care Solar reserves the right to edit or remove any material submitted to the WCS Website, or stored on We Care Solar’s servers, or hosted or published upon the WCS Website.
Notwithstanding We Care Solar’s rights under these terms and conditions in relation to User Content, We Care Solar does not undertake to monitor the submission of such content to, or the publication of such content on, the WCS Website.
The WCS Website is provided “as is” without any representations or warranties, express or implied. We Care Solar makes no representations or warranties in relation to the WCS Website or the information and materials provided on the WCS Website.
Without prejudice to the generality of the foregoing paragraph, We Care Solar does not warrant that:
- The WCS Website will be constantly available, or available at all; or
- The information on the WCS Website is complete, true, accurate or non-misleading.
Nothing on the WCS Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of Liability
We Care Solar will not be liable to you (whether under the laws of contract, torts or otherwise) in relation to the contents of, use of, or otherwise in connection with, the WCS Website:
- To the extent that the WCS Website is provided free-of-charge, for any direct loss;
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if We Care Solar has been expressly advised of the potential loss.
Nothing in this WCS Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this WCS Website disclaimer will exclude or limit We Care Solar’s liability in respect of any:
- Death or personal injury caused by We Care Solar’s negligence;
- Fraud or fraudulent misrepresentation on the part of We Care Solar; or
- Matter which it would be illegal or unlawful for We Care Solar to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using the WCS Website, you agree that the exclusions and limitations of liability set out in this WCS Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use the WCS Website.
You accept that We Care Solar has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against We Care Solar’s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this WCS Website disclaimer will protect We Care Solar’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as We Care Solar itself.
If any provision of this WCS Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this WCS Website disclaimer.
You hereby indemnify We Care Solar and undertake to keep We Care Solar indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by We Care Solar to a third party in settlement of a claim or dispute on the advice of We Care Solar’s legal advisers) incurred or suffered by We Care Solar arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of These Terms and Conditions
Without prejudice to We Care Solar’s other rights under these terms and conditions, if you breach these terms and conditions in any way, We Care Solar may take such action as We Care Solar deems appropriate to deal with the breach, including suspending your access to the WCS Website, prohibiting you from accessing the WCS Website, blocking computers using your IP address from accessing the WCS Website, contacting your internet service provider to request that they block your access to the WCS Website and/or bringing court proceedings against you.
We Care Solar may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the WCS Website from the date of the publication of the revised terms and conditions on this Website. Please check this page regularly to ensure you are familiar with the current version.
We Care Solar may transfer, sub-contract or otherwise deal with We Care Solar’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of California, USA. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of California, USA.