Terms of Service for Using the SolarAPP+™

Effective August 31, 2021

INTRODUCTION

These Terms of Use (“Terms”) are between you and Alliance for Sustainable Energy, LLC (“Alliance”, “we”, or “us”) and govern your access to and use of the permitting review tool available on solarapp.nrel.gov webpage (“Web Tool”), which is provided by Alliance as Management and Operating Contractor of the National Renewable Energy Laboratory (“NREL”) under Prime Contract No. DE-AC36-08GO28308 (“Prime Contract”) for of the United States Department of Energy (“DOE”). By accessing or using the Web Tool, you agree to be bound by these Terms. If you are accepting these Terms on behalf of another legal entity, including your employer, another business, a government, etc., you represent that you are an authorized representative of that entity with full legal authority to bind such entity to these terms. If you do not agree to these Terms, you must not use this Web Tool.

This Web Tool is intended for use by 1) authorities having jurisdiction (“AHJs”) which are authorized permitting agencies, and 2) applicants (“Applicants”) for permits. Unless otherwise indicated, these terms shall apply to both AHJs and Applicants. By submitting any information to Alliance via or in association with this Web Tool, you are representing and warranting to Alliance that you have the authority to disclose that information.

NOTICE

Alliance is not permitting agency or jurisdiction and has no authority to issue permits of any kind. For AHJ’s, Alliance is not liable for the issuance of permits which do not meet the AHJ’s typical requirements, or which fail to comply with AHJ’s permit standards. AHJ’s must review all submissions to determine if issuing a permit is appropriate. AHJ’s remain exclusively responsible for the review and approval of permit applications. It is not recommended to rely solely on the Web Tool for the approval or issuance of a permit.

For Applicants, Alliance is not liable for the failure of any permits to issue or the failure of any applications to be submitted. Applicants must contact the relevant jurisdiction to obtain any permit. Applicants remain exclusively responsible for the timely submission of any required information for any permit application directly to the relevant jurisdiction. It is not recommended to rely solely on the Web Tool for the submission or approval of Applicant’s permit application.

Alliance, its officers, employees, agents, or representatives shall not be liable for any damages of any kind arising from your use of the linked online payment service. Nothing contained in this Web Tool constitutes or is intended to constitute legal advice from Alliance or any of its agencies, officers, employees, agents, or representatives.

PRIVACY AND SECURITY

This Web Tool may collect personal information from users, both AHJs and Applicants. By using this Web Tool and/or agreeing to these Terms, you consent to the collection, storage, and processing of your personal information/data as set forth in the Privacy Policy.

This Web Tool may be monitored by the U.S. government and any agency thereof (“U.S. Government”), by Alliance, or by others on their behalf, to ensure it remains available to all users and for security purposes to protect information in the system. By using the Web Tool, you expressly consent to these monitoring activities.

Unauthorized attempts to defeat or circumvent security features, to use the system for other than intended purposes, to deny service to authorized users, to access, obtain, alter, damage, or destroy information, or otherwise interfere with the system or its operation are prohibited. Evidence of such acts may be disclosed to law enforcement authorities and result in criminal prosecution under the Computer Fraud and Abuse Act of 1986 (Pub. L. 990474) and the National Information Infrastructure Protection Act of 1996 (Pub. L. 104-294), (18 U.S.C. 1030), or other applicable criminal laws.

SYSTEM REQUIREMENTS

You are solely responsible for ensuring that your systems meet the hardware, software and any other applicable system requirements for the Web Tool. Alliance will have no obligations or responsibility under this Agreement for issues caused by your use of any third-party hardware or software not provided by Alliance.

YOUR ACCOUNT AND ACCOUNT SECURITY

To use certain features of the Web Tool, you may be required to create an account and provide Alliance with a username, password, and certain other information about yourself, as set forth in the Privacy Policy. When registering, you must fill in all mandatory fields with accurate, current, and complete information about yourself as prompted in the registration form and keep this information up to date. Alliance has the right to suspend or terminate your account or refuse any and all use of the Web Tool if it suspects your account information is inaccurate, not current, or incomplete.

You are solely responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to promptly notify Alliance if you discover or suspect any unauthorized use of your account or any other breach of security. You may not license, sell, or transfer your account without prior written permission from Alliance.

OWNERSHIP AND FEEDBACK

The Web Tool is made available on a limited access basis, and no ownership right is conveyed to you, irrespective of any use of terms such as “license”, “purchase”, or “sale”. Alliance and any third parties, as applicable, have and retain all right, title and interest, including all intellectual property rights, in and to all protectable aspects of the Web Tool.

Any ideas, suggestions, and feedback about this Web Tool that you provide to Alliance are entirely voluntary, and by providing such ideas, suggestions, and feedback (“Feedback”) you are agreeing that Alliance may use such Feedback without restriction and without compensation or obligation to you. To the extent any license would be required to utilize or implement your Feedback, you automatically grant Alliance, when submitting such Feedback, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license under any rights necessary for such use or implementation.

PUBLICATION AND NON-ENDORSEMENT

You must not to use the names or marks of the U.S. Government, the DOE, NREL, or Alliance to endorse or promote any product, service, or entity without specific prior written authorization from the U.S. Government, DOE, or Alliance, as appropriate. All trademarks and service marks contained in or displayed on this Web Tool are the intellectual property of their respective owners. Any commercial use of the materials stored on this Web Tool is strictly prohibited without the prior written approval of Alliance.

INDEMNIFICATION REQUIREMENTS

EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE TO INDEMNIFY THE U.S. GOVERNMENT, DOE, ALLIANCE, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES AGAINST ANY THIRD-PARTY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO YOUR VIOLATION OF THESE TERMS, YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS, OR YOUR USE OF THE WEB TOOL.

DISCLAIMER OF WARRANTIES

THIS WEB TOOL IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALLIANCE AND THE UNITED STATES GOVERNMENT DO NOT WARRANT THAT THE WEB TOOL OR ANY DATA AVAILABLE VIA THE WEB TOOL IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. ALLIANCE DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY THIRD-PARTY DATA PROVIDED VIA THE WEB TOOL OR THE ACTIONS OF ANY THIRD PARTY OR USER. WHILE ALLIANCE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEB TOOL SAFE, ALLIANCE DOES NOT REPRESENT OR WARRANT THAT THE WEB TOOL OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER ALLIANCE NOR ANY THIRD-PARTY PROVIDERS OF DATA AVAILABLE VIA THE WEB TOOL HAVE ANY OBLIGATION TO PROVIDE UPDATES, SUPPORT, CONSULTING, TRAINING, OR ASSISTANCE OF ANY KIND WHATSOEVER WITH REGARD TO ANY DATA AVAILABLE VIA THE WEB TOOL OR USE THEREOF.

LIMITATION OF LIABILITYIN NO EVENT SHALL ALLIANCE, THE U.S. GOVERNMENT, OR ANY THIRD PARTY PROVIDER OF DATA AVAILABLE VIA THE WEB TOOL, NOR ANY OF THEIR OFFICERS, AGENTS, OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (BUT NOT LIMITED TO) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THESE TERMS, THE WEB TOOL, OR ANY DATA AVAILABLE VIA THE WEB TOOL. ACCESS TO, AND USE OF, THE WEB TOOL IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE ABOVE ENTITIES EXCEED TEN U.S. DOLLARS ($10). THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THE ABOVE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

TERMS SUBJECT TO CHANGE

Alliance may make changes to these Terms from time to time. If we make changes, we will post the amended Terms to this Web Tool and update the Effective Date above. By continuing to access or use the Web Tool on or after the Effective Date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using the Web Tool before the changes become effective. You are responsible for checking the Terms for changes and your continued use of the Web Tool constitutes acceptance of updated Terms.

TERMINATION

Alliance has no obligation to continue to support, maintain, and/or operate the Web Tool and may cease to do so and/or terminate the Web Tool at any time with or without notice to AHJs and/or Applicants.

Alliance may immediately terminate your access to the Web Tool and, should you have an account on the Web Tool, your account, for any reason (or for no reason), without warning. You may terminate your account at any time, for any reason, by contacting solarapp@nrel.gov. Even after termination, these Terms, including (but not limited to) the PRIVACY AND SECURITY section, the OWNERSHIP AND FEEDBACK section, the INDEMNITY, DISCLAIMER, AND LIMITATION OF LIABIITY section, the GOVERNING LAW AND JURISDICTION section, and the GENERAL section, will remain in effect.

GOVERNING LAW AND JURISDICTION

Any claims arising out of or relating to these Terms or this Web Tool will be governed exclusively by the laws of the United States of America and the State of Colorado, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of Colorado and the United States District Court for the District of Colorado in any and all actions, disputes, or controversies relating to these Terms or this Web Tool.

GENERAL

Any reference included in this Web Tool to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the U.S. Government, NREL, or Alliance. The views and opinions expressed on the Web Tool or in any information or data available via the Web Tool do not necessarily represent the views of the U.S. Government or Alliance.

Unless otherwise specified, the Web Tool and any information or data available via the Web Tool are presented solely for use and access from within the United States, its territories, possessions, and protectorates. Alliance makes no representation or warranty of any kind that the Web Tool or any data available via the Web Tool is appropriate or available for use in other locations. If you access the Web Tool from a location other than the United States, you alone are responsible for compliance with any applicable local laws.

These Terms and any posted rules on the Web Tool constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Alliance of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms will be binding upon and inure to the benefit of Alliance and its successors, trustees, and permitted assignees. Alliance may assign this agreement or any of its rights or obligations under these Terms with or without notice to you.