LGE Solar Services Terms of Use (Installer)
1. Introduction
2. Eligibility
3. Registration and Accounts
4. Your Information and Content
5. User Created Content Disclaimer
6. DMCA
7. Intellectual Property Rights
8. Service Access and Availability
9. Third Party Services
10. Additional Obligations/Restrictions on Your Use of the Services
11. Changes to the Services or Terms of Use
12. Descriptions and Specifications of Products and Services
13. Viruses and Security
14. Indemnification
15. Disclaimers; No Warranties
16. Limitation of Liability
17. Governing Law
18. Arbitration
19. Termination
20. General
21. Feedback
22. Consent to Electronic Communications
23. Contact Information
1. Introduction
Welcome to LGE Solar Panel Websites, [http://enervu.lg-solar.com/installer] and any other website on which these Terms of Use are made available (“Websites”). Through the Websites, LG Electronics Inc. (“LGE” or “we”) makes available to you a variety of services and interactive features such as web-based monitoring services (together with the Websites, the “Services”) for one or more web-monitoring supported LG Solar Panels (“Panels”).
These Terms of Use (together with any documents that they refer to) apply to access and use of the Services by distributors or installers of the Panels.
They set out LGE’s responsibilities to you as well as identifying the “dos” and “don’ts” that you should be aware of when you use the Services. In particular they cover:
• What you should expect in terms of availability of the Services;
• What obligations you have;
• Important restrictions on your use of the Services; and
• Situations where LGE may make changes to the Services.
Please read these LG Solar terms of use (“Terms of Use” or “Agreement”) carefully before using the Services. By accessing or using the Services on any mobile phone, PC, tablet, console or other device (collectively, "Device"), you agree that you have read, understand and agree to be bound by the terms and conditions of this Agreement and any and all applicable laws, rules and regulations. If you do not agree to these Terms of Use, please do not use or access the Services.
You should also review our Installer Privacy Policy available on [http://enervu.lg-solar.com/support/installer_privacy] before you access the Services. The Installer Privacy Policy sets out important information about how we may use your personal information when you are using the Services.
Your use of the Services is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that we may post on or link to on the Services (the "Additional Terms"), such as rules applicable to particular features or content in the Services. All such Additional Terms are hereby incorporated by reference into, and made a part of, this Agreement.
2. Eligibility
The Services are available for business entities that distribute or install the Panels. By agreeing to this Agreement, you represent and warrant to us: (i) that you are a business entity that distributes or installs the Panels; (ii) that you have not previously been suspended or removed from the Services; (iii) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations; (iv) that you have legal capacity to enter into these Terms of Use; and (v) that you are at least 18 years of age. You represent and warrant that you have the authority to bind your business entity to these Terms of Use and you agree to be bound by these Terms of Use on behalf of such business entity.
3. Registration and Accounts
You will be required to establish an account (“Account”) in order to use certain aspects of the Services. Creation and use of your Account will be subject to LGE’s acceptance in LGE’s sole discretion.
You undertake to submit true, correct, current and complete information required for registration. Any false identification or email address or otherwise misleading information about your identity is strictly forbidden. If the information provided by you changes, including your contact information, you shall inform LGE immediately on [enervu.admin@lge.com]. If LGE believes that the information provided by you is not correct, we may at our sole discretion refuse your access to the Websites and Services.
You are solely responsible for maintaining the confidentiality and security of your Account credentials and your access to your Account. You should regularly change your password, not reveal your Account information to anyone else, and not use anyone else’s account or allow anyone else to use your Account. You are entirely responsible for all activities that occur on or through your Account. In the event of any unauthorized use of your Account or any other breach of security with respect to your Account, you agree to immediately notify LGE and reset the relevant security measures.
LGE is not responsible for any losses arising out of the unauthorized use of your Account. LGE reserves the right to terminate or disable, or exclude any features for, a particular Account if LGE suspects or becomes aware of any unauthorized or unpermitted use of such Account or any part the Services.
In order to use the Services, third parties that provide services in connection with the Services, such as an installer, distributor, mobile carrier, internet service provider, or platform such as Apple, Inc., or Google Inc. (each, a “Service Provider”) may require you to create an account. You are solely responsible for maintaining the confidentiality and security of any credentials to access your account with any Service Provider. Your access and use of any account with a Service Provider, including in connection with the Services, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. LGE is not responsible for any act or omission of any Service Provider.
4. Your Information and Content
You agree that LGE may collect, use, store and disclose your personal information, including your location information and information related to your activities, as set forth in the Installer Privacy Policy.
You may submit certain content to the Websites for display upon viewing the Panel and inverter data, including a site photo and certain administrative details. You represent and warrant that the posting of your content on or through the Websites or Services does not and will not violate any applicable laws or the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to indemnify us for any claims brought by third parties as a result of your violation of these representations and warranties.
Your content, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds that you and/or other service users post, submit to LGE or otherwise make generally available on or through the Services (collectively, “User Created Content”) shall not be treated by LGE as confidential or proprietary. You grant, affirm, represent, and/or warrant that: (i) you have the right to and hereby grant to LGE a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual right to use your User Created Content in any manner or media now known or later developed, for any purpose, commercial, advertising, or otherwise, including the right to host, store, transfer, translate, perform publically, display publically, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you or additional rights required from you; and (ii) you have the express consent, release, and/or permission of each and every identifiable individual person in the User Created Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Created Content in the manner contemplated by the Services and these Terms of Use. In addition, by posting and sharing User Created Content with another user of the Services, you hereby grant that user a non-exclusive license to access and use such User Created Content as permitted by this Agreement and the functionality of the Services.
5. User Created Content Disclaimer
LGE does not pre-screen User Created Content. Accordingly, LGE shall not be responsible for the accuracy or content of User Created Content. LGE does not guarantee that the Services will be free from User Created Content that is inaccurate, incomplete, out of date, deceptive, offensive, threatening, defamatory, unlawful, infringing of third party rights or otherwise objectionable. LGE is merely acting as a passive channel for the distribution of such User Created Content and does not endorse any User Created Content or undertake any obligation or liability relating to any User Created Content or for the activities of any and all users of the Services. In the event that LGE chooses to monitor any User Created Content, LGE assumes no responsibility for, or any obligation to monitor or except as expressly provided in this Section 5, remove such User Created Content. The views expressed in any User Created Content do not represent LGE’s views or values.
6. DMCA
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted in the Services, you may contact our Designated Agent at the following address:
LG Twin Towers, 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, 150-721, Korea
Email: [enervu.admin@lge.com]
Any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Services;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
LGE will promptly terminate without notice the Accounts of users that are determined by LGE to be repeat infringers.
7. Intellectual Property Rights
We and our suppliers are the owner or the licensee of all intellectual property rights in the Services and these rights are protected by intellectual property laws and treaties around the world. This includes any content that you may access through the Services (other than third party content and your own content) such as images and text in which we own the copyright, as well as our trademarks, service names and logos (collectively “our Content”).
We grant to you a non-exclusive, non-transferable right to view and use our Content via the Services as intended by the Services for your internal business purposes in accordance with these Terms of Use. You must not use our Content beyond the scope of this right and in particular you agree not to modify, copy, reproduce, rebroadcast, or retransmit any of our Content.
It is important to us that the LG brand and all of our Content are fully protected from misuse. You must not, in any circumstances, use our Content except as stated in this Section 7. If you breach this requirement, we may immediately discontinue your access to the Services and we may require you to return or destroy any copies of our Content that you have made.
The ownership and/or licensing of any intellectual property rights in any third party apps, services and content that you access through your use of the Services (including, for example, Facebook) is outside of our control and should be addressed by any terms made available to you by the relevant third party provider(s). You should consult the relevant third party provider for further information.
8. Service Access and Availability
The Services are optimized for the Panels and the inverters and gateways that LG provides for use with the Panels. LGE makes no representation that the Services are compatible with other internet-enabled inverters, solar panels, gateways or products and shall not be liable for any losses, liabilities or claims arising as a result of the use of the Services with products other than the Panels.
We use commercially reasonable efforts to provide the Services on a continuous, high quality basis but cannot guarantee that they will always be available, uninterrupted or error free. It is possible that we may have to interrupt or discontinue the Services or suspend or restrict your use of all or any part of the Services where we consider it reasonably necessary for technical, operational, security, legal or regulatory reasons.
You are responsible for making all the arrangements necessary for you to have access to the Services. In particular you will need a suitable power supply and a reliable broadband connection and you should be careful that you do not exceed any limit on your broadband allowance.
We do not accept any responsibility for any loss or damage that such external factors may cause to you.
You acknowledge that we are not responsible for notifying you of any upgrades, fixes or enhancements to or for, providing technical or other support for any browser or except as required by applicable law, for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. We make no endorsement of any specific browser software. Your use of any browser may also be subject to the license agreements of the browser licensor, and you are solely responsible for complying with any such licensor's terms in addition to the provisions of these Terms.
You are additionally responsible for obtaining internet services via internet service providers (ISP) of your choice, for any and all fees imposed by such ISP and any associated communications service provider charges. You acknowledge that there are certain security, corruption, transmission error and access availability risks associated with using open networks such as the internet, and you hereby expressly assume such risks (to the extent the law allows you to do so). You acknowledge that you have requested the Services for your convenience, have made your own independent assessment of the adequacy of the internet as a delivery mechanism for accessing information and initiating instructions, and that you are satisfied with that assessment. We are not responsible for any internet access services, or for any security, corruption, transmission error and access availability risks associated with use of the internet.
Depending on the country where you are based and the model of Panel that you own, the Services may include features such as web monitoring services, graphic tools, advertisements, and weather information; however, some of the features may have different names and may be combined with other features.
Certain features, aspects, products and services, including but not limited to applications and links, offered or made accessible to you through the Services are Third-Party Services. Third-Party Services are not under our control, and we are not responsible for any content provided by Third Party Services or for their use of any User Created Content or other information that you may choose to transfer to them, including through the Services.
10. Additional Obligations/Restrictions on Your Use of the Services
(i) You shall provide and maintain in timely manner accurate and complete information to LGE in connection with your use of the Services.
(ii) You represent and warrant that your activities and use of the Websites and/or Services will not:
-violate any laws, rules or regulations (including any laws regarding the export of data, privacy, software or technology to and from the United States and other countries) or these Terms of Use;
-access or attempt to access the Websites or any web page thereof by any means other than the interface that is provided by LGE;
-engage in any activity of any kind that may interfere with or disrupt the functioning of the Websites, Services or the servers and networks used to provide the Websites;
-involve the transmission of any unsolicited commercial or bulk email or use your Account or the Websites as a return address for unsolicited commercial mail originating elsewhere;
-collect, harvest, mine or engage in any other activity to obtain personal information or any other information about others except with their express consent;
-remove other’s content from the Websites;
-violate the rights of LGE or any third party (including other users’ rights) or abuse, defame, harass, stalk or threaten another; or
-create liability for LGE;
-modify, copy, reproduce, rebroadcast, or retransmit any content that you may access through your use of the Services;
-disassemble, reverse engineer or otherwise decompile the Services and/or any software, applications, upgrades or updates made available to you through the Services, except as authorized by applicable law or license terms;
-otherwise use the Services in any way or for any purpose which may infringe the intellectual property rights of any third party;
- introduce viruses, Trojans, worms or other technologically harmful materials to the Services; or
-act in contravention of any license granted to you in these Terms of Use.(iii) In case your customers that receive web monitoring services from LG for their Panels move out of their houses, you may receive email notifications with respect to such moves.
(iv) You will not use the Websites or Services for recordkeeping or customer service purposes. For your information, when your End User terminates his or her account, information which you have filled in about such End User through the Websites or Services shall all be promptly deleted (Installer Filled Information). If it becomes known to you that the Installer Filled information is not deleted even when your End User has terminated his or her account, it is your responsibility to immediately delete the information.
We recommend you to use your own client management system. LGE is not in any ways responsible for your loss or damages arising out of deletion of the Installer Filled Information which you have filled in.
(v) You shall: (i) comply with all applicable data protection and privacy laws or regulations; (ii) put in place privacy policies that inform customers of the types of information that may be collected, the purposes for which this information is collected and processed, and third party sharing of collected information; (iii) provide a mechanism for obtaining customer consent to the collection and processing of their information in accordance with the privacy policy before the collection of any such information; (iv) not collect any information from customers unless the appropriate consents have been given and maintain a record of such consents for so long as you distribute or install the Panels; (v) only collect, access and use a customer’s information to the extent necessary for providing your services; (vi) put in place appropriate technical and organizational safeguards to secure and protect customer information; (vii) not provide any customer information to any third parties including LGE unless you have received appropriate customer consent; and (viii) indemnify LGE against any claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or related to any breach by you of this Section 10. It is the sole responsibility of you to achieve all relevant customers’ consent.
(vi) Prior to sale of the Panels, you shall notify your customers that they must register as a registered web-monitoring customers on the Websites in order to use the web-monitoring services (“Approved Customers”).
(vii) Prior to the sale of the LG Solar Panel, if your customers may be eligible to receive certain solar rebates or incentives (“Rebates”) if they sign up for the Services, you shall notify your customers: (a) of the current status and availability of such Rebates and that LG does not make any representations regarding the availability of Rebates; (b) that there may be certain obligations which you or your customers must comply in order to claim the Rebates (e.g. the customer may need to activate and constantly use the Services for set amount of periods); (c) that you and LGE may be required to provide certain data relating to the LG Solar Panel to regulatory bodies, utilities or program administrators; (d) that such regulatory bodies, utilities or program administrators may further disclose or publish certain data relating to the LG Solar Panel; (e) that LGE is not obligated to apply for Rebates on behalf of the customer; and (f) that LGE is not responsible or liable for any damages sustained by you or the customer may sustain in connection with the Services or LGE-branded Devices or third-party applications, websites, services or Devices to which the Services provide access (collectively, “Third Party Services”) such as failure to receive Rebates, as a result of your actions or omissions, those of the customer, or those of a third party.
(viii) Following the installation, you shall attend to customers’ complaints or requests promptly including, but not limited to, attending to installation error or defects.
(ix) From time to time, LGE may hold training sessions for distributors and installers in regards to Websites or Services (“Training Sessions”). You are obliged to attend the Training Sessions at all times. Materials provided through the Training Session shall be binding and shall be treated as additional terms and conditions of this Agreement.
11. Changes to the Services or Terms of Use
While we are not under any obligation to update or improve the Services, we may choose to make changes to the Services from time to time, in order to (including, but not limited to):
• Improve functionality or offer you additional functionality;
• Add new features or remove unused or unpopular features;
• Provide a “fix” for identified “bugs” or errors;
• Address an actual or potential security breach; or
• Comply with a change in applicable laws or regulations.
If we do make any significant changes to the Services, we may inform you as necessary by appropriate means.
Please note that third parties such as content providers may upgrade/update their own services and content from time to time and that we do not accept any responsibility for any such upgrades/updates.
We reserve the right, at our discretion, to change these Terms of Use on a going-forward basis at any time. Please check these Terms of Use periodically for changes. In the event that a change to these Terms of Use materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Services or on the Websites, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms of Use materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms of Use. If we require your acceptance of the changed Terms of Use, changes are effective only after your acceptance. If you do not accept the changed Terms of Use, we may terminate your access to and use of the Services. All other changes are effective upon publication of the changed Terms of Use. Disputes arising under these Terms of Use will be resolved in accordance with the Terms of Use in effect that the time the dispute arose.
12. Descriptions and Specifications of Products and Services
The descriptions and specifications of LG solar services on the Websites are subject to change at any time, whether or not reflected in such descriptions or specifications. You agree that descriptions and specifications of services on the Websites do not create any obligations or liabilities for LGE. We may modify, suspend or discontinue any or all of the Websites or services (including the Services) at any time, for any or no reason, in our sole discretion.
13. Viruses and Security
We use commercially reasonable efforts to ensure that the Services are secure and virus free, but those efforts cannot and do not guarantee that the Services will be free from bugs, viruses, or other harmful materials or vulnerabilities.
Thus, we will not be responsible for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your Panel, data or other material belonging to you.
14. Indemnification
To the maximum extent permitted by laws, you agree to indemnify, defend and hold us, our subsidiaries, affiliates, and licensors, and their respective directors, officers, agents, partners and employees, harmless from any loss or liability, including reasonable attorneys’ fees, arising from a claim or demand made by any third party due to or arising out of (i) your use of the Websites or Services; (ii) your violation of this Agreement; (iii) any breach of your representations and warranties set forth herein; (iv) your violation of any laws, rules or regulations; (v) your negligence or willful misconduct or any property damage or personal injury (including without limitation, death) arising from your actions or omissions.
15. Disclaimers; No Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT ACCESS TO THE SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. LGE DOES NOT WARRANT THAT USE OF THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, LGE EXPRESSLY DISCLAIMS ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT. LGE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SERVICE, THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE.
This Terms of Use do not govern the warranty applicable to the Panels.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGE SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR FOR ANY BUSINESS INTERRUPTION OR ANY LOSS OF INFORMATION, ACCOUNT DATA, USER CREATED CONTENT, PROFIT, BUSINESS, BUSINESS OPPORTUNITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LGE’S ENTIRE LIABILITY IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE SERVICES IS THE LESSER OF (i) THE AMOUNTS YOU HAVE PAID TO LGE FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100. IN NO EVENT WILL LGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, EVEN IF LGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. The limitation of liability applicable to the Panels is not governed by this Terms of Use.
17. Governing Law
These Terms of Use are governed by the laws of the State of New Jersey without regard to conflict of law principles, and any dispute relating to these Terms of Use or the Services (including any arbitration proceeding) shall be decided based on such laws. To the extent that any lawsuit or court proceeding is permitted hereunder, you and LGE agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within State of New Jersey for the purpose of litigating all such disputes.
18. Arbitration
a. You and LGE agree to resolve any claims relating to these Terms of Use or the Services through final and binding arbitration, except as expressly provided below.
b. Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in (a) Bergen County, New Jersey, (b) the United States county where you live or work, or (c) any other location we agree to.
c. Exceptions to Agreement to Arbitrate. Either you or LGE may assert claims in small claims court in Bergen County, New Jersey or any United States county where you live or work, provided that such claims are permitted under the rules of the small-claims court in which they are filed.
d. NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.
19. Termination
This Agreement is effective until terminated by you or by LGE. Your rights under this Agreement will terminate automatically without notice from LGE if you fail to comply with any term(s) or conditions of this Agreement. Additionally, LGE, in its sole discretion may terminate your Account on the Services or suspend or terminate your access to the Services at any time, with or without notice. Upon termination of this Agreement, you shall cease all use of the Services and destroy all copies, full or partial, of any materials in your possession or control from or comprising the Services, including any accompanying documentation, provided that you may retain one copy of any documentation for your records. We also reserve the right to modify or discontinue the Services at any time (including, without limitation, by limiting or discontinuing certain features) without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services. You may terminate your Account at any time by contacting customer service at [enervu.admin@lge.com]. If you terminate your Account, you will remain obligated to pay all outstanding fees, if any, relating to your access or use of the Services incurred prior to termination.
This Agreement, together with the Installer Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and LGE regarding your use of and access to the Services, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to this Agreement. You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. If any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of this Agreement, any provision that by its nature or express terms should survive will survive such termination or expiration. These Terms of Use are not intended to confer, nor shall anything in these Terms of Use confer, upon any person or entity other than the parties and their permitted successors and assigns any rights, remedies, obligations or liabilities whatsoever.
21. Feedback
If you provide feedback to LGE regarding the Services (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize LGE to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to LGE a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
22. Consent to Electronic Communications
By using the Services, you consent to receiving certain electronic communications from us as further described in our Installer Privacy Policy. Please read our Installer Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
You may choose to receive certain reports and notifications regarding Panel and inverter data and other information related to the Websites or Services. Such reports will be sent to you electronically to the email address that you provide when you register for the Services or another email address that you may specify in your Account settings. You agree that by using the Services, notices or other communications which we may be required to give you arising from our obligations under these Terms of Use may be sent to you via the email address.
23. Contact Information
The Services are offered by LGE, located at LG Twin Towers, 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, 150-721, Korea. You may contact us by sending correspondence to the foregoing address or by emailing us at [enervu.admin@lge.com].
Last updated: [July.28.2014]