Welcome to the Palmetto Energy Intelligence API. Subject to the following terms and conditions, Palmetto Clean Technology, Inc. (“Palmetto,” “we,” or “us”) provides the Palmetto Energy Intelligence API to allow (the “Client” or “You”) to access remote building energy assessment data (the “Data”) via a proprietary application programming interface (the “API”) or web application (“Web App”) (the API and Web App sometimes collectively referred to as “Palmetto API”, the “Service” or the “Services”) to process and deliver to Palmetto Solar LLC’s customers (the “End User” or “End Users”) via the World Wide Web.
1.1 Whether engaging in a free trial or signing up for a standard or custom plan, these terms and conditions govern your use of the Palmetto Energy Intelligence API. Please read them carefully. By using the Palmetto Energy Intelligence API and/or the Data, you will be agreeing to abide by all of the terms and conditions of the Terms of Service and Privacy Policy (this “Agreement”) between you and Palmetto.
1.2 We may change, add, or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Service and by continuing to use Palmetto Energy Intelligence API, you agree to any changes.
1.3 We may change, suspend or discontinue any aspect of Palmetto Energy Intelligence API at any time, including the availability of any feature, database, or content. We may also impose new limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Palmetto Energy Intelligence API is proprietary to Palmetto and its affiliates or licensors and is protected by U.S. and international copyright laws. You have no rights to the Service(s) or the Data, or any enhancements or modifications thereto, except as expressly granted hereunder. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected herein and your payment of related fees and taxes, Palmetto grants to you a limited, revocable, non-exclusive, non-assignable and non-transferable license, subject to the restrictions listed in this Agreement, to (i) access Palmetto Energy Intelligence API via the Palmetto Energy Intelligence API Web App, (ii) consume Palmetto Energy Intelligence API via queries from your custom, customer-facing applications, unless otherwise stated in writing, and (iii) process the Data for display to your End User(s).
If you are selling or otherwise distributing the Data to your customers and have complied with the requirements regarding the End User set forth below, then the limited license grant shall also include providing the Data to such customers.
The limited license granted herein excludes any and all forms of sublicensing rights. Palmetto and its affiliates and licensors reserve all rights not expressly granted to you in this Agreement.
3.1 Payment
Some of the Services require payment. We may charge your credit card on an ongoing basis, in advance of providing Services, or as needed for use of services for your subscription, any applicable sales taxes, and any other charges you may incur in connection with your use of Palmetto services.
In the case of pay-as-you-go billing, query volume is metered based on access to a successful query against any endpoint excluding Fees.
You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Service through your account. Other restrictions and taxes may apply.
We are not responsible for any bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by Palmetto. Currency exchange settlements will be based on agreements between you and the provider of your credit card. You may be charged fees from our payment processing platform, please see related Payment Terms for more information.
3.2 Queries
Access to the Palmetto Energy Intelligence API must be done through HTTP requests. All requests are tracked and recorded by Palmetto and/or Palmetto’s appointed service providers and used to count towards applicable limits, to calculate charges and to enforce the conditions defined in these Terms. All queries sent to the API requesting data must reference your valid login credentials.
4.1 Processing & Payment
Palmetto will process your purchase as promptly as possible. There may be a delay in the activation of the Service while payment details are verified. We accept payment methods as specified by our payment processing platform, please see related Payment Terms for more information. We reserve the right to reject any order or purchase at any time.
All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. To view or change your payment method, visit the Billing Portal from your Palmetto Energy Intelligence API Account Dashboard.
To enable payment for the Service, we collect and store name, address, telephone number, email address, and credit card information. This information will be shared with third parties, including those who help to complete the purchase transaction by processing credit card payments. The information you provide to us in connection with billing and payment will be handled in accordance with our Privacy Policy.
4.2 Pricing
When you purchase access or a subscription to Palmetto Energy Intelligence API, the price for your pay as you go subscription will be made clear during the order process via the Billing Portal in your Palmetto Energy Intelligence API Account. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. All prices are in United States Dollars and subject to change.
Discount eligibility, if any, is determined at the time of the order. Discounts cannot be applied retroactively. Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.
Palmetto reserves the right to change prices at any time. We will notify you in advance if the regular rate of your Palmetto Energy Intelligence API plan changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription or purchase from that point forward.
If a stated price is determined by us, in our sole discretion, to be in error, we are not under any obligation to offer you access to Palmetto at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.
If you believe someone else has used your account or you are being charged for a product you do not have, please contact your account representative immediately.
4.3 Billing
You may be prompted to complete the necessary information, including your credit card information, to complete your registration and provide valid billing information. If your payment plan requires recurring and/ or pay-as-you-go payments, Palmetto will charge the corresponding fees to your credit card as you use the Palmetto Energy Intelligence API.
In the case of pay-as-you-go billing, the base price of your plan will be charged to your payment method on file at the beginning of your billing cycle (monthly, unless otherwise noted) and you will be charged any applicable overages in arrears, along with the renewal price of the upcoming billing period.
If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit the information by logging into your account. If your credit card reaches its expiration date, your continued use of Palmetto Energy Intelligence API constitutes your authorization to continue billing that credit card. In the event of unsuccessful billing, you will be notified and your account may be suspended until you update your payment method with a valid credit card; provided, however, you will remain responsible for all charges incurred whether or not we suspend your account.
You will not be notified in advance of impending renewals. Please see our Cancellation Policy, below, for information about cancelling.
All charges associated with your Palmetto Energy Intelligence API subscription and/or pay as you go service may appear on your credit card bill as “Palmetto” or a similar designation containing such word. You represent and warrant that you have the right and authority to charge payment to the account tied to the credit card information you submit.
4.4 Unpaid Charges
If your credit card expires or your payment method is otherwise invalid, we may choose whether or not to suspend or terminate your subscription or product. You will remain responsible for all charges. However, if, at any time, you fail to pay any amount when due or are otherwise in breach or default under the Terms of Service, Palmetto may, in its sole discretion, and without prejudice to its other rights, immediately suspend or terminate your Palmetto Energy Intelligence API account.
Late payments hereunder will accrue interest at the rate of one and one half percent per month or the highest rate allowed by applicable law, whichever is lower. You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.
4.5 Promotions
We may occasionally offer promotions, and terms of each promotion are stated at the time the promotion is offered. Each promotion may be different and cannot be combined. You may be required to provide your payment details when you sign up for a promotion. At the end of the promotion, you will automatically be signed up for any related subscriptions specified to begin at the end of the promotional period. We will not notify you in advance that the promotional period is about to end. To cancel and avoid being charged, you must notify us before the promotional period ends.
5.1 Cancellation Policy
You may cancel your subscription(s) and/or services at any time. However, we do not issue pro-rated refunds for unused time if you cancel during your billing cycle.
The limited license granted by this agreement terminates automatically, without notice to you, if you breach any of these Terms of Service.
Upon termination of the limited license, you agree to immediately destroy any materials downloaded from the Services.
5.2 Refunds
We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
In the event of unauthorized access of the Service through your Account, unless caused by Palmetto’s gross negligence or willful misconduct, you shall pay Palmetto for all fees incurred under your Account. Our records will presumptively determine your usage of the Service and fees due hereunder.
5.3 Changes to the Service or Access
Palmetto reserves the right to make changes to Palmetto Energy Intelligence API at any time. If we temporarily reduce or eliminate the charge for access to the Service that you are currently paying for under different terms, you will not be entitled to a retroactive refund.
6.1 General Use Restrictions & Limitations
The limited license to the Service and Data provided by Palmetto hereunder is subject to the following restrictions and limitations:
(a) You may not retain, store or cache any Data for any reason, if you are not the End User of the Data; (b) You shall not display Data so that it appears to be derived from a third-party web site; (c) You shall not falsify or alter any unique identifier assigned to you, or otherwise obscure or alter the source of queries to the Service; (d) You shall not reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service; (e) You shall not violate or attempt to violate the security protocols of Palmetto; (f) You shall not transmit or otherwise make available any material that contains a software virus or any other computer code, files, or programs designed to: (x) interrupt, destroy, or limit the functionality of any equipment (including software and hardware), or (y) spy on the activities of others; (g) You shall not use Data other than on an “as is” basis and pursuant to the terms of this Agreement; and (h) You shall not share credentials or any usage with unauthorized parties, you shall appropriately guard credentials, and you shall respond in a timely manner to security lapses.
Palmetto reserves the right to revoke user access, expire API keys, impose rate limits, throttle API requests, or otherwise limit the services at any time, at our sole discretion, to prevent abuse, respond to security threats, to protect system stability and performance, or otherwise preserve the integrity and availability of the Services for all users.
6.2 Client Data Use Restrictions & Limitations
Client may only use APIs and the way you acquired, uploaded, and use any data is in compliance with all applicable laws and solely as described in this Agreement. Client may use or store data solely as necessary to use the Services, or as otherwise permitted by any license terms accompanying the data. Client takes responsibility for ensuring your usage complies with our sources' licenses. Client takes on full responsibility for your use of the Services including any API.
Following the termination of this Agreement or any subscription, Client may not use any cached Data and agrees to destroy and/or delete any stored Data and shall promptly provide an attestation of such destruction and/or deletion signed by an officer of the Client.
6.3 End User Data Restrictions & Limitations
Except as may be expressly authorized under this Agreement, Client may not, and may not attempt to, nor allow any third party to: (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the API or Services; (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services. Client may not allow any unauthorized third party to access the Services for any purpose whatsoever. You may not remove, obscure, or alter any notice of any trademark, service mark or other intellectual property or proprietary right appearing on the website or contained within the Services.
6.4 End User Agreement
End Users may only use the Data for their own personal use, and they must comply with the data restrictions listed in this Agreement. You shall communicate to your End Users the data restrictions in the aforementioned Sections and obtain their agreement via a click-wrap, browse- wrap or written agreement. Such agreements shall include language to the effect that: (i) End Users represent and warrant that they will comply with the End User Terms; (ii) the Data is provided to End Users on an “as is” basis without warranties of any kind; (iii) Palmetto will not be liable to End Users in any manner in connection with their use of the Data; and End Users shall indemnify, defend, and hold harmless Palmetto from and against all claims, actions, and judgments arising out of their use of the Data.
Palmetto shall be a third party beneficiary of such agreements and shall have the right to enforce such agreements. The Client shall not make any representations or warranties to End Users about the Service. In the event that the Client becomes aware of any misuse of the Data by an End User, it shall promptly notify Palmetto and take commercially reasonable actions to remedy such misuse.
6.5 Unlawful & Other Unauthorized Uses
You may not use the Services for any unlawful purpose. Your use of the Services must comply with all local rules regarding online conduct and acceptable content.
You may not use the Services in any manner that could damage or overburden the Services or interfere with any other party's use of the Services.
You may not engage in other unacceptable use of the Services, which includes: (a) Disseminating material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (b) Aiding or implementing practices violating basic human rights or civil liberties; (c) Disseminating or storing material that infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) Creating a false identity or otherwise attempting to mislead others as to the identity or origin of any communication; (e) Exporting, re-exporting, or permitting downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions; (f) Interfering with or attempting to gain unauthorized access to any computer network; (g) Transmitting viruses, trojan horses, or any other malicious code or program; or (h) Engaging in any other activity deemed by Palmetto to be in conflict with the spirit or intent of these Terms of Service.
You may not, nor may you permit any third party to, modify, create derivative works from, reverse engineer, or attempt to derive any source code from the site’s software, except as expressly permitted by a written license from us.
You grant to Palmetto a worldwide, perpetual, irrevocable, royalty-free license to use, distribute, disclose, and make and incorporate into its services any queries, suggestion, enhancement request, recommendation, correction or other feedback provided by Client relating to the operation of the Software.
You represent and warrant that (a) your performance under this Agreement and use of Palmetto You shall not use Data other than on an “as is” basis and pursuant to the terms of this Agreement.API (i) shall comply with all applicable laws, rules and regulations and (ii) shall not violate any third party rights; (b) you are authorized to enter into this Agreement; (c) entry into this Agreement shall not violate any outstanding obligation you have to any third party; (d) you shall use Palmetto Energy Intelligence API strictly in accordance with the limitations set forth in this Agreement.
Palmetto may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of these Terms of Service. In addition, you will pay any and all costs and expenses incurred by Palmetto in enforcing your compliance with this Agreement, including Palmetto attorneys’ fees. Upon termination for any reason, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. Palmetto may delete all or part of the information related to you that has been uploaded or otherwise delivered to Palmetto in connection with your use of Palmetto Energy Intelligence API.
9.1 Account Creation
In order to access the Palmetto Energy Intelligence API, you will be asked to register and create a user account (an “Account”). As part of the Account creation process, you will create login credentials by selecting a password, providing an e-mail address, and answering all inquiries marked “required” (such credentials, the “Registration Data”). You agree: (i) that the Registration Data you provide will be true, accurate, current and complete at the time you provide it; (ii) to maintain and update such Registration Data to keep it true, accurate, current and complete; and (iii) that Palmetto may contact you and require you to confirm some or all of your Registration Data before using or continuing to use Palmetto API. We reserve the right to terminate the limited licenses granted hereunder and to refuse to provide you with any and all current or future use of Palmetto API if, in our sole discretion, we determine or are of the opinion that any of your Registration Data is, or, appears to be, untrue, inaccurate, not current or incomplete.
9.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You must immediately notify Palmetto of any unauthorized use of your Account, login credentials, or any other breach of security of which you become aware by emailing [email protected]. We will not be liable for any loss or damage arising from your failure to comply with this section. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
10.1 Security & Privacy
To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information, we have put in place commercially reasonable physical, technical and administrative controls to protect your information. Please note that no method of transmission over the Internet, or method of electronic storage, is one hundred percent secure.
Any information you provide to us, including Registration Data, is governed by our Privacy Policy. Please read it carefully to understand our information collection and use practices before using Palmetto Energy Intelligence API. Also, please note that we may share information when we have a good faith belief that doing so is necessary to comply with applicable law, to respond to a legal process, such as a subpoena, or to help prevent the loss of life or serious injury of anyone.
10.2 Feedback
Any comments or materials sent to us, including, but not limited to, queries, ideas, questions, suggestions, feedback or the like (collectively, “Feedback”) is non-confidential and shall become our sole property. We shall have no obligation to you of any kind, monetary or non-monetary, with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works from, and distribute the Feedback to others without limitation or obligation.
11.1 Disclaimers
Palmetto does not represent or endorse the accuracy or reliability of any Data or other information displayed, uploaded, or distributed through the Service. The Web App, API and Data are distributed on an “as is” and “as available” basis without warranties of any kind.
PALMETTO ENERGY INTELLIGENCE API IS NO SUBSTITUTE TO AN ON- SITE ASSESSMENT PERFORMED BY A CERTIFIED PROFESSIONAL. RESULTS MAY BE UNAVAILABLE OR INACCURATE. PALMETTO CLEAN TECHNOLOGY, INC. DOES NOT GUARANTEE THE ACCURACY OF THE DATA OR THE APPLICABILITY OF THE INFORMATION PROVIDED BY PALMETTO API OR ANY OTHER SERVICE.
TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, PALMETTO AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF PALMETTO IS ADVISED OF SUCH PURPOSE), AND IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OR TRADE.
WITHOUT LIMITING THE FOREGOING, NEITHER PALMETTO NOR ANY OF ITS AFFILIATES OR LICENSORS, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY, THE “PROVIDERS”) REPRESENT OR WARRANT (I) THAT PALMETTO API WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE OR ERROR FREE; (II) THAT PALMETTO WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, RESPONSIVE OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT PALMETTO ENERGY INTELLIGENCE API WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL PROPERTIES; (IV) THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY DATA OR MATERIALS AVAILABLE ON OR THROUGH PALMETTO ENERGY INTELLIGENCE API; (V) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; OR (VI) THAT PALMETTO ENERGY INTELLIGENCE API OR THE DATA IS NON- INFRINGING. NO INFORMATION OR ADVICE PROVIDED ON PALMETTO ENERGY INTELLIGENCE API, BY THE COMPANY, OR BY THE COMPANY’S EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY.
YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE AND DATA IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR (A) ANY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE, AND (B) FOR ANY DISCLOSURE OF INFORMATION THAT YOU UNDERTAKE WHILE USING THE SERVICE OR THE DATA.
Some States do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.
11.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE DATA AND/OR SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, THE DATA OR SERVICE; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR ACCOUNT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. \$100.00) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE PAST THREE MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may not apply to you.
11.3 Indemnification Obligations
You agree to hold harmless, defend, and indemnify Palmetto and the Providers from all liabilities, claims, demands and expenses, (including, but not limited to, reasonable attorneys’ fees), that are due to, arise from or otherwise relate to your use or misuse of the Service or the Data including, without limitation, any actual or threatened suit, demand or claim made against Palmetto or any Provider that arises out of or relates to: (i) any intellectual property rights or other proprietary rights of any third party; (ii) your breach of this Agreement; or (iii) your use of the Service or Data. Palmetto may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Palmetto in such an event.
12.1 Third Party Links
Palmetto may, as a convenience to its users, make links to third-party web sites or resources available on or through this web site or Palmetto Energy Intelligence API. Palmetto is not responsible in any way for, and does not make any representation, warranty or guarantee regarding any third-party web sites and resources which may be accessed through us. In addition, Palmetto does not endorse or adopt, and is not responsible or liable for: (i) any content, advertising, goods or services, or other materials available on or from such web sites or resources; or (ii) any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods, services or other materials on or available from such websites or resources.
12.2 Copyright Notice
All content included on this web site and in the Service, including, but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Palmetto or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this web site is the exclusive property of Palmetto and protected by U.S. and international copyright laws. The Palmetto Energy Intelligence API service is also a copyrighted work(s) of Palmetto. Any rights not expressly granted herein are reserved by Palmetto.
12.3 Trademarks
PALMETTO, PALMETTO API, PALMETTO CLEAN TECHNOLOGY, PALMETTO SOLAR, PALMETTO.COM, WORK WITH THE SUN, ELECTRIFYING BUILDINGS and other Palmetto graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Palmetto Clean Technology, Inc. or its affiliates in the U.S. and/or other countries. Palmetto’s trademarks and trade dress may not be used in connection with any product or service that is not Palmetto’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Palmetto. All other registered trademarks and service marks are used for reference purposes only, and remain the property of their respective owners.
12.4 Notification of Claimed Infringement
Palmetto strives to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If you believe that any of the materials available on or through the Service infringes upon any copyright you own or control, or that any link made available on or through the Service directs users to another web site that contains material that you own or control, please send us a notice of infringement (an “Infringement Notice”). An Infringement Notice must be in writing (sent by fax or regular mail – not by email) and should set forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights.
To expedite our ability to process an Infringement Notice, please provide the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Sign the Infringement Notice and send the written communication to:
Palmetto Solar LLC
1616 Camden Rd, Suite 300
Charlotte, NC 28203
12.5 Notices
Palmetto may provide you notice of changes or any other matter by displaying notices to you generally through Palmetto or, at its option, by using any contact information you have provided to us. You agree that notice by the foregoing means shall be deemed complete when posted or transmitted by Palmetto. All legal notices to Palmetto (other than notices of claimed infringement, which shall be transmitted as specified above) shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested to:
Palmetto Solar LLC
C/O Legal Department
1616 Camden Rd, Suite 300
Charlotte, NC 28203
12.6 Time Limitation on Claims & Causes of Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or your use of Palmetto Energy Intelligence API must be filed within one (1) year after such claim or cause of action arose. Any claim not filed within the foregoing one (1) year period shall be forever barred.
12.7 Waiver, Severability & Assignment
Palmetto’s failure to enforce a provision is not a waiver of its right to do so later. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. You may not assign any of your rights under these Terms of Service, and any such attempt will be void. Palmetto may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with, the Service.
12.8 Governing Law, Venue
This Agreement and your use of Palmetto shall be governed by and construed in accordance with the laws of the state of Massachusetts as they apply to agreements made and solely performed therein. You irrevocably consent and waive all objections to personal jurisdiction and venue in the state and federal courts located in Charleston County, South Carolina, USA for any action arising out of or relating to this Agreement, Palmetto Energy Intelligence API or any Palmetto service. You shall not commence or prosecute any suit or action except in the foregoing courts.
12.9 Audit
Palmetto shall have the right, with reasonable notice to licensee, to audit licensee's use of the software no more than once each calendar year to assure compliance with the terms of the license agreement. Palmetto will take reasonable measures to ensure that an audit does not unreasonably disrupt your business operations. Each party will bear its own costs with respect to any audit conducted hereunder.
12.10 Relation to Other Agreements
Palmetto may operate, individually or jointly with third parties, other web sites, products, or services that incorporate Palmetto Energy Intelligence API. Also, Palmetto may provide the Palmetto Energy Intelligence API through web sites operated and owned by third parties. These other web sites, products, or services may be subject to a different user agreement (the terms and conditions of such other user agreements are not affected in any way by this Agreement nor is this Agreement affected by such other user agreements). We encourage you to review the applicable policies and agreements when you visit any web site or use any product or service.
In the event that you enter into a written, hand- signed contract for the Palmetto Energy Intelligence API service apart from these terms of Service, the terms of that contract shall supersede this Agreement, from and after the effective date of that contract, to the extent the two are inconsistent.
12.11 Publicity
By using the Service, you grant to Palmetto a limited, non-exclusive, revocable, non- sublicensable and non-transferable license to use your name, logos, service marks, trademarks and/or trade names in our promotional and marketing materials for the sole purpose of identifying you as a customer of Palmetto.
12.12 California Consumer Disclosure
Under California Civil Code Section 1789.3, if you are a California resident, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, 95834, or by telephone at (916) 445-1254 or (800) 952- 5210. The Services are provided by Palmetto Solar LLC located at 1616 Camden Rd, Suite 300, Charlotte, NC 28203.
12.13 Validity of the Terms
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Headings are for convenience only and have no legal or contractual effect.