General Websites of Transform Solar Pty Limited ("Transform"), including but not limited to the site located at www.transformsolar.com (collectively, “Transform website(s)” or “Transform’s website(s)”), are controlled and operated by Transform from offices in the United States of America. By accessing a Transform website, you agree to be bound by these Terms of Use, all applicable laws and regulations (including export and re-export control laws), and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use any of the Transform websites.
Any claim relating to a Transform website shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions. Any action arising out of or related to your use of a Transform website shall be brought, prosecuted and defended, as the case may be, in the state or federal courts located in Ada County Idaho, and by using the Transform websites you consent to the jurisdiction of and venue within such courts. YOU FURTHER AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THE TRANSFORM WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, YOUR CAUSE OF ACTION WILL BE PERMANENTLY WAIVED. Transform makes no representations or warranties that the materials contained on any Transform websites are appropriate or available for use in all locations or territories, and access to such materials from locations or territories where their content is illegal is prohibited.
Failure of Transform to enforce any right(s) or provision(s) contained within these Terms of Use shall not constitute or be deemed to be a waiver of such right or provision nor prevent enforcement by Transform of such right or provision thereafter. Copyright Information and Trademark Guidelines The materials contained on Transform's websites are protected by applicable copyright laws and trademark laws. See Transform's Copyright Information and Trademark Guidelines below. Any unauthorized use of the materials appearing on Transform's websites may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. Transform vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.
Use License A visitor to a Transform website is granted a limited, non-exclusive revocable, nonsublicensable license under Transform’s copyrights to download one (1) copy of the materials on Transform's websites for personal, non-commercial transitory viewing only. This is the grant of license, not a transfer of title, and under this license you may not: (a) modify, create derivative works from or further copy the materials; (b) use the materials for any commercial purpose, or for any public display (commercial or noncommercial); (c) attempt to decompile or reverse engineer any software contained on or obtained from Transform's websites; (d) remove any copyright or other proprietary notices on the materials; or (e) transfer the materials to another person or "mirror" or "frame" the materials on any other website or server.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses Transform website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. Notwithstanding the foregoing, Transform grants the operators of public search engines permission to use automated systems to copy materials from the Transform websites for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Transform reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Transform websites, and not to use the communication systems provided by the Transform websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Transform websites with respect to their Submitted Information (as defined below).
This license shall automatically terminate if you violate any of these Terms of Use and may be terminated by Transform at any time and for any reason without notice. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Note that certain materials and software made available for download on Transform's websites are subject to their own specific terms and conditions, and those terms and conditions applicable to such materials and software shall govern the download and use of such materials and software.
DISCLAIMER OF WARRANTIES THE MATERIALS ON TRANSFORM'S WEBSITES ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. TRANSFORM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH MATERIALS AND TRANSFORM DISCLAIMS AND NEGATES ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING SUCH MATERIALS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER VIOLATION OF RIGHTS. FURTHER, TRANSFORM MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY WEBSITES LINKED TO OR FROM TRANSFORM WEBSITES.
LIMITATION OF LIABLITY IN NO EVENT SHALL TRANSFORM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFITS, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON TRANSFORM'S WEBSITES, EVEN IF TRANSFORM HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE THESE LIMITATIONS MAY NOT APPLY TO YOU.
Revisions and Errata The materials appearing on Transform's websites could include technical, typographical, or photographic errors. Transform does not represent or warrant that any of the materials on its websites are accurate, complete, or current. Transform may make changes to the materials contained on its websites at any time without notice. Transform does not, however, make any commitment to update such materials.
Modification of Terms of Use Transform may revise these Terms of Use for Transform’s websites at any time without notice. If you wish to be notified of changes to these Terms of Use, send your email address to contact@transformsolar.com . By so doing, you agree to provide Transform with updated email addresses as often as needed. You also agree to opt-in to receive email communications from Transform. By using any of the Transform websites you are agreeing to be bound by the then current version of these Terms of Use. If you choose not to be notified of any changes to these Terms of Use by not complying with the preceding e-mail notification requirements, you thereby waive your right to notification and agree that you are responsible for reviewing these Terms of Use each time you visit a Transform website. In all cases, your use of the Transform website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms, even if we fail to send you an e-mail notification.
Submitted Information Any information, data, images, drawings, photographs, and/or other materials you transmit, submit or post (or which you transmitted, submitted or posted in the past) to any Transform website will be considered non-confidential and non-proprietary ("Submitted Information"). Transform will have no obligations with respect to the Submitted Information, and by transmitting, submitting or posting Submitted Information to any Transform website you hereby grant to Transform, and its subsidiaries and affiliates, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable and transferable license to make, use, sell, have made, disclose, distribute, display, perform, copy, reproduce, incorporate, prepare derivative works of, and/or otherwise use the Submitted Information for any and all commercial and non-commercial purposes, including without limitation in connection with the Transform websites.
You may not and shall not transmit, submit or post anything to any Transform website that is unlawful, threatening, pornographic, libelous, defamatory, infringing, or that would otherwise violate any law.
Transform does not endorse any Submitted Information or any opinion, recommendation, or advice expressed therein, and Transform expressly disclaims any and all liability in connection with Submitted Information. You shall be solely responsible for your Submitted Information and the consequences of posting or publishing them. With respect to your Submitted Information, you represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to use and authorize Transform to use all patent, copyright, trademark, trade secret, and/or other intellectual property or proprietary rights in and to any and all of your Submitted Information to enable inclusion and use of the Submitted Information in the manner contemplated by the Transform websites and these Terms of Use. You agree to defend, indemnify and hold harmless Transform, its subsidiaries and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, actions, suits, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from or related to your Submitted Information, including without limitation in connection with any claim of infringement of any patent, copyright, trademark, trade secret, and/or other intellectual property or proprietary rights of any third party.
Exchange Services Transform is not obligated to, but may in its sole discretion at any time and without notice, monitor or review any areas or locations on or in any of the Transform websites where users transmit, submit or post Submitted Information or communicate with others, including but not limited to chat rooms, bulletin boards, blogs, or any other user forums ("Exchange Services"), and any of the content of any such Submitted Information or Exchange Services. Without limiting the foregoing, Transform may in its sole discretion at any time and without notice: (a) refuse to post or remove any or all such content; (b) terminate your access to and/or use of any or all of the Exchange Services (including termination due to repeat infringement of intellectual property laws); (c) modify or terminate any or all of the Exchange Services; and/or (d) disclose any such content or information as Transform deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Transform, however, will have no liability relating to any of the content of any such Submitted Information or Exchange Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
Use of Personally Identifiable Information Information submitted to Transform through the forms located on the Transform websites is governed by the Privacy Policy located at http://www.transformsolar.com/privacy_policy
Links Transform websites may contain links to third party websites. Such websites are maintained by other companies, individuals or agencies and links to these other websites are provided by Transform strictly as a convenience to users of Transform websites. These linked websites are not under the control of Transform, and Transform is not responsible for the accuracy of information on any such websites. A linked website may be subject to its own terms of use/service and/or privacy policy and thus should be consulted in visiting such website. The inclusion of any such link does not imply any endorsement by Transform of the linked third party website. Transform does not monitor or review the content of such third party websites and therefore any access to or use of any such linked third party website is at the user's sole and own risk. Transform may terminate any link(s) on any of the Transform websites at any time without notice.
Copyright Information All materials appearing anywhere on Transform's websites are protected by worldwide copyright laws and treaty provisions. The copyright to such materials is held by Transform, its licensors, or by the respective third party owner of the materials. None of the materials may be copied, reproduced, displayed, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as expressly permitted herein or with Transform's express prior written approval. All rights not expressly granted herein are reserved.
Notices and Procedure for Making Claims of Copyright Infringement If you believe that your work has been posted to a Transform website in a manner that constitutes copyright infringement, please provide Transform's Copyright Agent with the following information: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Transform's Copyright Agent for notice of claims of copyright infringement can be reached as:
By mail: Copyright Agent c/o Transform Solar Pty Limited Level 45 Australia Square 264-278 George Street, Sydney, New South Wales 2000 Australia By fax: +61 2 9241 7377 By email: copyright@transformsolar.com
If you believe that a copyright infringement notice has been wrongly filed against or delivered to you as a result of mistake or a misidentification of the material, you may file a counter notification with Transform's Copyright Agent. The counter notification must provide the following information: 1. A physical or electronic signature of the subscriber; 2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; 3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; 4. The subscriber's name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
U.S. Government Restricted Rights The materials on the Transform websites are provided with “RESTRICTED RIGHTS”. Use, duplication, and/or disclosure by the United States Government of such materials is subject to the restrictions identified in FAR 52.227-14 and DFAR 252.227-7013 et seq. or its successor. All other use is prohibited without the express prior written approval of Transform. Use of any of the materials appearing on Transform's websites by the Government constitutes acknowledgment and acceptance of Transform's proprietary rights in such materials.
Trademark Guidelines General Transform's trademarks, service marks and logos (“Trademarks”) represent intellectual property rights owned by Transform and as such are valued assets of Transform. These Trademarks are registered or unregistered Trademarks of Transform and must be used properly. Transform’s Trademarks may be used publicly with permission only from Transform. Fair use of Transform’s Trademarks in advertising and promotion of Transform products requires proper acknowledgement. Follow these Trademark Guidelines (“Guidelines”) when using Transform's Trademarks in internal and external communications, documents and electronic messages. Other product names or trademarks, including those appearing on Transform’s websites, that are not owned by Transform are for identification purposes only and may be the registered or unregistered trademarks of their respective owners. No license or right is granted by Transform by implication, estoppel or otherwise to any such third party names or trademarks.
Applicability of Guidelines These Guidelines apply to Transform employees, customers, licensees, consultants, outside vendors, and other third parties. Note that if you are a licensee of a Transform Trademark, the license agreement that you signed with Transform may contain specific usage guidelines that differ from those contained within these Guidelines, and in such case you should follow those specific guidelines provided within such license agreement. If you are a licensee, but have been provided no special guidelines, then follow these Guidelines.
List of Transform Trademarks The list of Transform Trademarks provided here may be updated with new Trademark information and should be referred to regularly. Note that the list may not be comprehensive, and the omission of a Transform Trademark from the list does not represent any waiver of any intellectual property rights of Transform in and/or to such mark. If in doubt about whether or not a particular name, mark or logo is a Transform Trademark, or if you have any questions about the use of Transform's Trademarks, contact Transform’s Legal Department for assistance.
Transform™ SLIVER™ Chameleon™
Referring to Transform Products/Services When referring to Transform products or services use the proper applicable Trademark, and ensure that such references: (i) are truthful, fair, and not misleading; and (ii) comply with these Guidelines. Note that these Guidelines may be modified by Transform from time-to-time in its sole discretion. Specifically, ensure that you: 1. follow the directives within these Guidelines; 2. use the appropriate trademark symbol and trademark acknowledgment of Transform's ownership of the particular Trademark; 3. do not incorporate Transform Trademarks into your own product trademarks, service marks, logos, or company names; and 4. do not adopt marks or logos that are confusingly similar to any Transform Trademarks.
Use of Transform Trademarks When using a Transform Trademark, ensure that you: 1. ALWAYS use such Trademark as an adjective, accompanied by an appropriate noun. Do NOT use a Trademark as a noun. Do NOT pluralize a Trademark or make it possessive. Do NOT combine a Trademark with other words, symbols, or numbers, either as one word or with a hyphen. Do NOT abbreviate a Trademark; 2. ALWAYS use the proper spelling and the proper trademark symbol (®, ™ or SM as applicable). For the trademark symbol, use the superscript format, but if this is not possible, then use parentheses ((R), (TM) or (SM) as applicable); and 3. ALWAYS use Transform Trademarks in the way they were intended to be used. Do not use Transform Trademarks for products or services for which they were not originally intended. Do not alter a Transform Trademark in any way.
Identification of Transform Trademarks In letters, memos, press releases, white papers, advertising, slides, foils, video, and other multimedia presentations, ensure that you: 1. properly identify (with ®, ™ or SM as applicable) each Transform Trademark at the most prominent use (often in the headline) and again in the first occurrence. For presentation graphics, each Transform Trademark should be designated with the proper trademark symbol on each page, slide, and foil; 2. in newsletters, magazines, and publications containing multiple articles, properly identify each Transform Trademark in the first occurrence in the Table of Contents, in headlines and in the first occurrence in every article in which it is used; 3. in brochures, financial reports, books, white papers, data sheets, technical documentation, and other bound documents, properly identify each Transform Trademark in the first occurrence in the Table of Contents, in headlines, and in the first occurrence in text; 4. in all charts and graphs, properly identify each Transform Trademark, as such charts and graphs could become separated, copied and used independently; and 5. in all Transform Trademark tag lines always use the proper trademark symbol in every such reference.
Acknowledgement of Transform Trademarks Ensure that you include a proper trademark ownership notice that identifies each Transform Trademark used as being owned by Transform Solar Pty Ltd. (e.g. "Transform” is a trademark of Transform Solar Pty Limited). If you are a licensee of a Transform Trademark, the license agreement that you signed with Transform may contain specific notice, acknowledgment and other requirements and restrictions. Refer to your license agreement for such specific requirements and restrictions. Use of "Transform" as a Trademark vs. Trade name “Transform” is not only a trademark used to identify Transform’s products and services, it also serves as Transform’s company name. Therefore, the word “Transform” is generally used in two (2) different ways: (i) as a trade name to identify Transform Solar Pty Limited the company; or (ii) as a trademark to identify its various products. “Transform” is used as a trade name when Transform Solar Pty Limited the company is taking some action or referenced as having some attribute (e.g. “Transform announced its earnings for this quarter”). When referenced as a trade name, there is no need to include a trademark symbol after “Transform”. “Transform” is used as a trademark when Transform is an adjective used as a brand name for its products (e.g. “Transform™ products are intended for various applications”). When referenced as a trademark, include the proper trademark symbol after “Transform”.
Links to Transform Websites Any link to a Transform website from a different website must conform to these Guidelines and the following additional rules: 1. unless Transform provides you with express prior authorization in writing, any link to a Transform website must use only the Transform Trademark logo displayed below; 2. Transform grants you a limited, revocable, and non-exclusive license to use the logo, but does not transfer title in the logo to you. The logo may only be used as an active link to the related Transform website; 3. any link to a Transform website must only be to the respective Transform website's home page. No "deep linking" to any other page(s) on any Transform website is permitted without Transform's express prior authorization in writing; 4. you may not use the logo below to imply in any way that Transform has sponsored or endorsed your website or any of the products or services referenced on your website without receiving Transform's express prior authorization in writing; 5. you may not alter the logo in any way, including proportions or colors and may not animate or morph the logo to change its appearance; 6. you may not use the logo on any website that disparages Transform or its products or services in any way; 7. the logo may only be used on website pages that make accurate reference to Transform, its products and/or services. The logo must be placed on the same page as the reference to Transform and as close to the reference as feasible; 8. Transform may, in its sole discretion, terminate your right to use the logo at any time and for any reason. Transform may take action against any use of the logo that does not conform to the requirements set out herein or that infringes any right held by Transform, and Transform will actively seek the recovery of any costs it may incur preventing any such misuse or damages that may result from such misuse.