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EVERVOLT® PLATFORMTERMS OF USE

Welcome to the EVERVOLT platform and services created and provided by Panasonic Eco Systems North America, Division of Panasonic Corporation of North America (“Panasonic”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the EVERVOLT software, cloud services, and mobile application (sometimes referred to below collectively as the “EVERVOLT Platform”) associated with your purchase and installation of an EVERVOLT Home Battery System. These Terms of Use apply to any content, functionality, and services offered on or through the EVERVOLT Platform, whether as a guest or a registered user of the EVERVOLT Platform. As used in these Terms of Use, “you” means the end user of the EVERVOLT Platform and EVERVOLT Home Battery System hardware or the hardware system installer.

 

Please read these Terms of Use carefully

 

Please read these Terms of Use carefully before you start to use the EVERVOLT Platform. By using the EVERVOLT Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and the EVERVOLT Home Battery System Privacy Notice. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use the EVERVOLT Platform.

 

The EVERVOLT Platform is offered and available only to users who are 18 years of age or older. By using the EVERVOLT Platform, you represent and warrant that you are of legal age to form a binding contract with Panasonic. If you allow a person within your household to use the EVERVOLT Platform, you agree to take full responsibility for such person’s compliance with these Terms of Use. If you do not meet these requirements, you must not access or use the EVERVOLT Platform.

 

 

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the EVERVOLT Platform thereafter. Your continued use of the EVERVOLT Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

 

ACCESSING THE EVERVOLT PLATFORM AND ACCOUNT SECURITY

We reserve the right to withdraw, amend, or otherwise make changes to the functions of the EVERVOLT Platform, and any documentation, content, or other items (collectively, “Materials”) or services we provide on the EVERVOLT Platform, in our sole discretion without notice. Except as we may otherwise provide in an applicable EVERVOLT Platform service level agreement, in our sole discretion, we will not be liable if all or any part of the EVERVOLT Platform is unavailable for any reason at any time or for any period. From time to time, we may restrict access to some parts of the EVERVOLT Platform, or the entire EVERVOLT Platform, to users, including registered users.

 

 

You are responsible for:

  • Making all arrangements necessary for you to have access to the EVERVOLT Platform.
  • Ensuring that all persons who access the EVERVOLT Platform through your internet connection are aware of these Terms of Use and comply with them.

 

To access certain areas of the EVERVOLT Platform, you may be asked to provide registration details or other information. It is a condition of your use of the EVERVOLT Platform that all the information you provide to the EVERVOLT Platform is correct, current, and complete. You agree that our Privacy Notice governs the information you provide to register your EVERVOLT Platform account, including through the use of any interactive features, and you consent to all actions we take with respect to your information consistent with applicable law or our Privacy Notice.

 

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the EVERVOLT Platform, or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

 

INTELLECTUAL PROPERTY RIGHTS

The EVERVOLT Platform and its entire Materials, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Panasonic, its licensors, or other providers of such Materials, features and functionality and are protected by United States of America and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the EVERVOLT Platform for your personal, non-commercial use only. Subject to the restrictions set forth below the following list, you may:

 

  • Download, install and use the software application on and for use with the mobile EVERVOLT Platform (“Application”) for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation;

 

  • Temporarily store copies of Materials in RAM incidental to your accessing and viewing those Materials through the Application;

 

  • Access, stream, download and use on your Mobile Device the content and services made available in or otherwise accessible through the Application, strictly in accordance with these Terms of Use;

 

  • Store files that are automatically cached by your Web browser for display enhancement purposes; and
  • If we provide social media features with certain content, take such actions as are enabled by such features.

 

Except as we may expressly permit, you must not:

 

  • Copy the EVERVOLT Platform;

 

  • Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the EVERVOLT Platform or any Materials that we provide to you on or through the EVERVOLT Platform;

 

  • Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the EVERVOLT Platform or any part thereof;

 

  • Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the EVERVOLT Platform, including any copy thereof;

 

  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the EVERVOLT Platform or any features or functionality of the EVERVOLT Platform, to any third party for any reason, including by making the EVERVOLT Platform available on a network where it is capable of being accessed by more than one device at any time;

 

  • Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the EVERVOLT Platform;

 

  • Use the EVERVOLT Platform in, or in association with, the design, construction, maintenance or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments; or

 

  • Access or use for any commercial purposes any part of the EVERVOLT Platform or any services or Materials available through the EVERVOLT Platform.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the EVERVOLT Platform in breach of the Terms of Use, your right to use the EVERVOLT Platform will cease immediately and you must, at our option, return or destroy any copies of the Materials in your possession or control. No right, title or interest in or to the EVERVOLT Platform or any Materials is transferred to you, and all rights not expressly granted are reserved by Panasonic. Any use of the EVERVOLT Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

 

 

 

 

TRADEMARKS

The Panasonic® name, the word EVERVOLT®, the Panasonic logo, the EVERVOLT logo, and all related names, logos, product and service names, designs and slogans are trademarks and copyright works of Panasonic or its affiliates or licensors. You must not use such marks without the prior written permission of Panasonic. All other names, logos, product and service names, characters, designs and slogans on the EVERVOLT Platform are the trademarks and copyright works of their respective owners. You may not use any metatags or other "hidden text" utilizing "Panasonic” or “EVERVOLT” or any other name, trademark, or product or service name of Panasonic or its affiliates or licensors without Panasonic’s prior written permission. The look and feel of the EVERVOLT Platform, including all page headers, custom graphics, button icons and scripts, are also the service mark, trademark, and/or trade dress of Panasonic or its affiliates or licensors and may not be copied, imitated or used, in whole or in part, without Panasonic’s prior written permission.

 

 

PROHIBITED USES

You may use the EVERVOLT Platform only for lawful purposes and in accordance with these Terms of Use. You agree to not use the EVERVOLT Platform:

 

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S.A. or other countries);

 

  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

 

  • To send, knowingly receive, upload, download, use or re-use any Materials which does not comply with these Terms of Use;

 

  • To transmit, or procure the sending of, any advertising or promotional item, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;

 

  • To impersonate or attempt to impersonate Panasonic, a Panasonic employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or

 

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the EVERVOLT Platform, or which, as determined by us, may harm Panasonic or users of the EVERVOLT Platform or expose them to liability.

 

 

 

 

Additionally, you agree not to:

 

  • Use the EVERVOLT Platform in any manner that could disable, overburden, damage, or impair any Panasonic website or application;

 

  • Use any robot, spider or other automatic device, process or means to access the EVERVOLT Platform for any purpose, including monitoring or copying any of the Materials on the EVERVOLT Platform;

 

  • Use any manual process to monitor or copy any of the Materials on the EVERVOLT Platform or for any other unauthorized purpose without our prior written consent;

 

  • Use any device, software or routine that interferes with the proper working of the EVERVOLT Platform;

 

  • Introduce any viruses, trojan horses, worms, logic bombs or other code or item which is malicious or technologically harmful;

 

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the EVERVOLT Platform, the server on which the EVERVOLT Platform is stored, or any server, computer or database connected to the EVERVOLT Platform;

 

  • Attack the EVERVOLT Platform via a denial-of-service attack or a distributed denial-of-service attack; or

 

  • Otherwise attempt to interfere with the proper working of the EVERVOLT Platform.

 

 

 

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any items on or through the EVERVOLT Platform. YOU WAIVE AND HOLD HARMLESS PANASONIC AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

 

LINKS FROM THE EVERVOLT PLATFORM

If the EVERVOLT Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the EVERVOLT Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

 

GEOGRAPHIC RESTRICTIONS AND EXPORT REGULATION

Panasonic is based in the state of New Jersey in the USA. Portions of the EVERVOLT Platform may be unavailable for persons located in regions outside of the USA. We make no claims that the EVERVOLT Platform or any of its content is accessible or appropriate outside of the USA. Access to the EVERVOLT Platform may not be legal by certain persons or in certain countries. If you access the EVERVOLT Platform from outside the USA, you do so on your own initiative and are responsible for compliance with local laws.

 

The Application may be subject to export control laws of the USA, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the USA.

 

 

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that data available for downloading from the internet or the EVERVOLT Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the EVERVOLT Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE EVERVOLT PLATFORM, INCLUDING ANY SERVICES OR ITEMS OBTAINED THROUGH ANY PANASONIC WEBSITE OR APPLICATION, OR TO YOUR DOWNLOADING OF ANY MATERIALS POSTED THROUGH THE EVERVOLT PLATFORM, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE EVERVOLT PLATFORM, ITS MATERIALS AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT IS AT YOUR OWN RISK. THESE TERMS OF USE DO NOT PROVIDE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND PANASONIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. NEITHER PANASONIC NOR ANY PERSON ASSOCIATED WITH PANASONIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE EVERVOLT PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER PANASONIC NOR ANYONE ASSOCIATED WITH PANASONIC REPRESENTS OR WARRANTS THAT THE EVERVOLT PLATFORM, ITS MATERIALS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE EVERVOLT PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE EVERVOLT PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE EVERVOLT PLATFORM, INCLUDING ANY SERVICES OR ITEMS OBTAINED THROUGH IT, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

 

LIMITATION ON LIABILITY

IN NO EVENT WILL PANASONIC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE EVERVOLT PLATFORM, ANY WEBSITES LINKED TO IT, ANY MATERIALS ON THE EVERVOLT PLATFORM OR SUCH OTHER WEBSITES OR MOBILE APPLICATIONS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE EVERVOLT PLATFORM OR SUCH OTHER WEBSITES OR MOBILE APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN ANY EVENT, IF PANASONIC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS ARE LIABLE FOR ANY REASON BY OPERATION OF LAW OR OTHERWISE TO YOU IN RELATION TO PROVISION OF THE EVERVOLT PLATFORM, THE TOTAL AGGREGATE DAMAGES OWED TO YOU SHALL NOT EXCEED ONE THOUSAND U.S. DOLLARS.

 

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Panasonic, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the EVERVOLT Platform, including any use of the Materials and EVERVOLT Platform services or your use of any data obtained from the EVERVOLT Platform, other than as these Terms of Use expressly authorize.

 

 

GOVERNING LAW AND JURISDICTION

All matters relating to the EVERVOLT Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the EVERVOLT Platform shall be instituted exclusively in the federal courts of the United States of America or the courts of the State of New York, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

 

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

 

WAIVER AND SEVERABILITY

No waiver by Panasonic of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Panasonic to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

 

ENTIRE AGREEMENT

These Terms of Use, and any documents incorporated into these Terms of Use by reference, constitute the sole and entire agreement between you and Panasonic with respect to the EVERVOLT Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the EVERVOLT Platform.

 

 

YOUR COMMENTS AND CONCERNS

The EVERVOLT Platform is operated by Panasonic Corporation of North America, Two Riverfront Plaza, Newark, NJ 07102-5430.

 

All feedback, comments, requests for technical support and other communications relating to the EVERVOLT Platform should be directed to: panasonicEVERVOLTsupport@us.panasonic.com