TERMS OF USE OF WEBSITE

These Terms of Use apply to the Aderis Energy website (the “Website”).  Your use of this Website, constitutes your acceptance of agreement to these Terms of Use, so do not use the Website in any manner if you do not accept and agree to these Terms of Use.  The Website is owned by Aderis Energy, LLC, a North Carolina limited liability company (“Aderis” or “we” or “us”).  

This Website is intended for users 18 years of age and older; people under the age of 18 should not use the Website.

If you have questions about the Website or the Terms of Use, contact us at (470) 387-9011 or info@aderisenergy.com.

We reserve the right to update or revise these Terms of Use at any time, without prior notice.  Modifications will become effective as soon as they are posted on the Website. By continuing to use the Website after We have posted any modifications, you accept and agree to the modifications. 

This Website is provided on an “as is” and on an “as available” basis.  We are not responsible if information made available on this Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting more accurate, complete or timely sources of information. Any reliance on the material on this site is at your own risk.

Occasionally there may be information on this Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, offers, charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on this Website is inaccurate at any time without prior notice (including after you have submitted your order). Please accept our apologies for such errors.  We will correct such errors as we discover them.  If you find an item with an incorrect price, you will be notified and can elect to either proceed with the order or not. The decision of honoring incorrect pricing, for whatever reason it has occurred, of merchandise is at our sole discretion, and is reviewed on a case-by-case basis.

To the fullest extent permitted by applicable law, we do not represent or warrant (either on an express or implied basis), regarding your of this Website in terms of its availability, lack of interruptions, security, freedom from error, reliability, or otherwise.  We shall have no liability for any interruptions in the use of this Website.  We also make no representations, warranties or conditions of any kind, with respect to the Website and its contents, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  Some jurisdictions do not allow the exclusion of implied warranties, and in such jurisdictions, the above-referenced exclusion is inapplicable.

We may modify or discontinue this Website with or without notice. We shall not be liable to you or any other user if we exercise our right to modify or discontinue this Website. We do not guarantee continuous, uninterrupted or secure access to this Website.  This Website’s operation may be affected by numerous factors or circumstances outside of our control or through acts of God.

ALL INFORMATION CONTAINED IN THIS WEBSITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. We reserve the right to refuse service to anyone for any reason at any time. Any offer for any product or service made on this site is void where prohibited.

We may provide access through this Website to optional third-party tools, or links to other third-party content or sites (“Third Party Tools and/or Content”).  We do not monitor, evaluate, examine or control any Third Party Tools and/or Content.  In such cases, you acknowledge and agree that such Third Party Tools and/or Content are provided “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We do not warrant, and will have no liability arising from your use of, Third Party Tools and/or Content, and your use of Third Party Tools and/or Content will be entirely at your own risk and discretion.  You should ensure that you understand and agree with the terms on which any Third Party Tools and/or Content are provided by their providers.   Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party providing any such Third Party Tools and/or Content.

Your submission of personal information through this Website is governed by our Privacy Policy.  To view our Privacy Policy, click here. 

NEITHER WE NOR OUR MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL HAVE NO LIABILITY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, REPLACEMENT COSTS, LOSS OF REVENUE, OR LOSS OF USE, OR OTHER SIMILAR DAMAGES) WHETHER IN TORT, STRICT LIABILITY, CONTRACT, STATUTE, EQUITY, OR LAW, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, EVEN WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You agree to indemnify, defend and hold harmless Aderis (and our subsidiaries, affiliates, owners, managers, officers, employees, agents and interns) harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of: your breach of these Terms of Use; your use of this Website; the infringement (by you or by another using your computer) of any intellectual property or any other right of any person or entity; or your violation of any law or the rights of a third-party. 

All content contained on the Website, including without limitation site design, trade dress, text, graphics, interfaces, and the selection and arrangements thereof (the “Content”), is our property, and is protected by the Copyright Laws of the United States of America, with all rights reserved.  You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Content without the written permission of an authorized officer of Aderis Energy, LLC.  In addition, and without limitation, you many not use any robot, spider, or other automatic device, or manual process to monitor or copy any Content without prior written permission of an authorized officer of Aderis.

“Aderis”, “Aderis Energy”, “Acuity”, “FOCUS”, “ClearSky”, “ClearSky PLUS”, “SunSpector”, “CommsSafe”, “xProtect”, “Solar-Ops”, “Solar Operations”, “myPV”, “myPV IQ”, and our logo are proprietary marks of Aderis Energy, LLC (the “Marks”).  You may not use the Marks the prior written permission of an authorized officer of Aderis. All trademarks other than the Marks that are displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those products or vendors.

These Terms of Use, this Website, and any separate agreements under which we provide you services shall be governed by and construed in accordance with the laws of the State of North Carolina (without giving effect to any choice of law rule), where our company is headquartered.  We make no representation that our website or other services are appropriate, legal or available for use in other locations than North Carolina.  By choosing to access our site, you agree to do so subject to the internal laws of the State of North Carolina.

Any disputes regarding this Website or these Terms of Use shall be brought and tried in the state and Federal courts located in Mecklenburg County, North Carolina, and by using this Website, you consent to the exclusive jurisdiction of such courts and waive any objection to venue therein. 

Aderis reserves the right, in its sole discretion, to terminate your access to the Aderis Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Charlotte, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Aderis Web Site. Use of the Aderis Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Aderis as a result of this agreement or use of the Aderis Web Site. Aderis’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Aderis’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Aderis Web Site or information provided to or gathered by Aderis with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Aderis with respect to the Aderis Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Aderis with respect to the Aderis Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

If you have questions about the Website or the Terms of Use, contact us at (470) 387-9011 or info@aderisenergy.com.

This privacy policy will explain how our organization uses the personal data we collect from you when you use our website.

Our Company collects the following data:

• Personal identification information (Name, email address, phone number, etc.)

• Credit card and credit information

• Personal financial information

You directly provide Our Company with most of the data we collect. We collect data and process data when you:

• Register online or place an order for any of our products or services.

• Voluntarily complete a customer survey or provide feedback on any of our message boards or via email.

• Use or view our website via your browser's cookies.

• Apply for credit

Our company may also receive your data indirectly from the following sources:

• Financial Partners

• Consultants

• Engineers

• Equipment Suppliers

• Other Industry Partners

Our Company stores all of your account information securely.

Our Company may keep your information indefinitely.

Our Company would like to send you information about products and services of ours that we think you might like, as well as those of our partner companies.

• Affiliates

• Authorized Representatives

If you have agreed to receive marketing, you may always opt out at a later date.

You have the right at any time to stop Our Company from contacting you for marketing purposes or giving your data to other entities.

If you no longer wish to be contacted for marketing purposes, please contact us at (470) 387-9011 or info@aderisenergy.com.

Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

The right to access - You have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.

You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete information you believe is incomplete.

The right to erasure - You have the right to request that Our Company erase your personal data, under certain conditions.

You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.

You have the right to object to Our Company's processing of your personal data, under certain conditions.

You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at (470) 387-9011 or info@aderisenergy.com.

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology.

For further information, visit allaboutcookies.org.

Our Company uses cookies in a range of ways to improve your experience on our website, including:

• Keeping you signed in

• Understanding how you use our website

There are a number of different types of cookies, however, our website uses:

• Functionality - Our Company uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and location you are in. A mix of first-party and third-party cookies are used.

• Advertising - Our Company uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed and information about your browser, device, and your IP address. Our Company sometimes shares some limited aspects of this data with third parties for advertising purposes. We may also share online data collected through cookies with our advertising partners. This means that when you visit another website, you may be shown advertising based on your browsing patterns on our website.

The Our Company website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

Our Company keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on March 31st, 2022.

If you have any questions about Our Company's privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us at (470) 387-9011 or info@aderisenergy.com.

Should you wish to report a complaint or if you feel that Our Company has not addressed your concern in a satisfactory manner, you may contact us at (470) 387-9011 or info@aderisenergy.com.

STATEMENT OF LIMITED WARRANTY

Supplier warrants that, with respect to the Product purchased, for the period commencing on the delivery date and ending one (1) year thereafter (the “Warranty Period”), such Product will (a) conform to the specifications provided the Buyer to Supplier; (b) be new and undamaged when delivered; (c) be free from failure and defects in design, materials and/or workmanship; (d) be designed, engineered and manufactured, as applicable, in accordance with generally accepted professional industry standards of good engineering and production; (e) conform with applicable law; and (f) be free and clear of all liens, claims and encumbrances upon delivery (collectively, the “Defects Warranty”). If the Product fails to conform to this warranty, Supplier shall, at Supplier’s sole option and cost (including all transportation and freight costs and expenses) (i) repair the Product, (ii) replace such non-consumable parts of the Product with an equivalent that conforms with the requirement for the original Product. The Warranty Period applicable to Product replaced by Supplier pursuant to clause (i) of the preceding sentence shall automatically expire upon the later of (A) the end of the Warranty Period, (B) 12 months after the date such Product was replaced, or (C) the replacement product warranty if it is a longer warranty period. If Supplier performs work associated with a warranty period associate with that work shall be one (1) year from the completion of the work.  The Warranty work does not include the cost of travel and labor for the change of standardized parts of the Product as part of a warranty claim except in the case of work that must be conducted to remediate reasonably Supplier defined critical safety issue or reasonably Supplier defined non-user serviceable warranty work where the product is also non-functional.  For the sake of clarity user serviceable work would include but not be limited to, changing standardized parts that can be replaced using industry available tools, procedures that can be supported in writing or verbally over the phone, and landing wiring with voltage below 50 volts. 

The warranty shall not extend to any products whose defects are due to (i) careless or improper use, (ii) failure to observe the Supplier's instructions regarding the transport. installation, functioning, maintenance and the storage of the products, (iii) repairs or modifications made by the Buyer or third party without prior written authorization of the Supplier. (iv) negligence during the implementation of authorized repairs or modifications, (v) if serial numbers are modified or illegible, (vi) anomalies caused by, or connected to, exposure to the elements arising out of the actions of the Buyer, (vii) accidents or events that place the product outside its storage and operational specification, or (viii) continued use of the products after identification of a fault or defect.  This limited warranty is not applicable and Supplier be not responsible or liable to the Buyer for any delay in performance or non-performance due to any acts of God such as but not limited to, volcanic events, tsunami, earthquakes, strikes, war, riots, vandalism, war like conditions, plague or other epidemics, flood, fire and other type situations which are beyond the control of Supplier.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, SUPPLIER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  TO THE FULLEST EXTENT PERMITTED AT LAW, UNDER NO CIRCUMSTANCES WILL SUPPLIER BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, WHETHER FORSEABLE OR NOT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, OR ATTORNEY’S FEES, ARISING DIRECTLY OR INDIRECTLY, FROM THE SALE OR USE OF ANY PRODUCTS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.  UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF THE SUPPLIER FOR NONCONFIRMING PRODUCTS EXCEED THE PURCHASE PRICE PAID TO SUPPLIER FOR THE PARTICULAR PRODUCT INVOLVED, PLUS REASONABLE SHIPPING EXPENSES.  

This limited warranty is transferable to any other part from the Buyer under the condition that the product remains installed and utilized at the original location for the purpose for which it was delivered.  Any transferee is subject to all the exclusions, limitations, and conditions set forth herein.

During the Warranty Period, on-site integration and support will be billed at the Company’s published T&M rates at the time of service.

Should you wish to report a warranty claim you may contact us at (470) 387-9011 or info@aderisenergy.com.