Terms of Use
1. Introduction
2. Eligibility
3. Installer Obligations
4. Registration and Accounts
5. Intellectual Property Rights
6. Service Access and Availability
7. Third Party Services
8. Additional Obligations/Restrictions on Your Use of the Services
9. Changes to the Services or Terms of Use
10. Descriptions and Specifications of Products and Services
11. Viruses and Security
12. Indemnification
13. Disclaimers; No Warranties
14. Limitation of Liability
15. Governing Law
16. Arbitration
17. Termination
18. General
19. Feedback
20. Consent to Electronic Communications
21. Contact Information
22. Open Source or Third Party Software
23. Special Terms Regarding Apple.
1. Introduction
Welcome to LGE Solar Mobile Apps, [EnerVu] and any other mobile applications on which these Terms of Use are made available (“Mobile Apps”). Through the Mobile Apps, LG Electronics Inc. (“LGE” or “we”) makes available to you the ability to configure gateways and inverters (together with the Mobile Apps, 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.
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, including as an installer;
• Important restrictions on your use of the Services; and
• Situations where LGE may make changes to the Services.
Please read these LGE Solar Mobile App 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.
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
3. Installer Obligations
If you distribute or install the Panels, the provisions of this Section 3 apply to you.
(i) 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 3. It is the sole responsibility of you to achieve all relevant customers’ consent.
(ii) Prior to sale of the LG Solar Panel, 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”).
(iii) 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.
(iv) Following the installation, you shall attend to customers’ complaints or requests promptly. You acknowledge that it is your responsibility to take care of all customers’ complaints in regards to installation of this App or the operation of the Services. You shall indemnify LGE against any claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or related to your failure to attend to customer’s complaints.
(v) 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.
(vi) Prior to your sale of the LG Solar Panel with inverters, you shall notify the customers that they must register as registered web-monitoring customers on the Websites in order to use the web-monitoring services. You shall also inform that the customers must accept LG’s customer terms and conditions available at [http://enervu.lg-solar.com/support/owner_terms] and LG’s customer privacy policy available at [http://enervu.lg-solar.com/support/owner_privacy]. You shall indemnify LGE against any claims, actions, suits, proceedings, losses, liabilities, damages, costs and expenses (including attorneys’ fees) arising out of or related to your failure to comply with this section 3.
4. Registration and Accounts
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.
5. 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 (if you are installers or distributors) or for your personal purposes (if you are a customer of such installers or distributors) 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 5.
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.
6. 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.
We do not accept any responsibility for any loss or damage that such external factors may cause to you.
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.
8. Additional Obligations/Restrictions on Your Use of the Services
(i) You shall provide and maintain in a 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 Mobile Apps 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 Mobile Apps 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 Mobile Apps, Services or the servers and networks used to provide the Mobile Apps;
-involve the transmission of any unsolicited commercial or bulk email or use your Account or the Mobile Apps 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 Mobile Apps;
-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;
-knowingly 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) You will not use the Mobile Apps or Services for recordkeeping or customer service purposes.
9. 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 Mobile Apps 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.
10. Descriptions and Specifications of Products and Services
The descriptions and specifications of LG solar services on the Mobile Apps 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 Mobile Apps do not create any obligations or liabilities for LGE. We may modify, suspend or discontinue any or all of the Mobile Apps or services (including the Services) at any time, for any or no reason, in our sole discretion.
11. 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.
12. 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 Mobile Apps 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.
13. 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.
14. 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.
15. 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.
16. Arbitration
a. Generally. In the interest of resolving disputes between you and LGE in the most expedient and cost effective manner, you and LGE agree that any and all disputes arising in connection with these Terms of Use shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms of Use, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms of Use. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND LGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Notwithstanding Section 16(a), we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
c. Arbitrator. Any arbitration between you and LGE will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting LGE.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). LGE's address for Notice is: LG Electronics, Inc., LG Twin Towers, 128, Yeoui-daero, Yeongdeungpo-gu, Seoul, 150-721, Korea. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or LGE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or LGE shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, LGE shall pay you (i) the amount awarded by the arbitrator, if any, (ii) the last written settlement amount offered by LGE in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.00, whichever is greater.
e. Fees. In the event that you commence arbitration in accordance with these Terms of Use, LGE will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in San Francisco County, California, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse LGE for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
f. No Class Actions. YOU AND LGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LGE agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
g. You may opt out of this dispute resolution procedure. If you opt out, neither you nor LGE can require the other to participate in an arbitration proceeding. To opt out, you must send notice to LGE no later than 30 calendar days from the date of first consumer purchaser’s purchase of the product by either: (i) sending an e-mail to [enervu.admin@lge.com] with the subject line: “Arbitration Opt Out”. You must include in the opt-out e-mail: (a) your name and address; (b) the date on which the Service was downloaded/activated; and (c) the date on which the Service was terminated. Email is the only two forms of notice that will be effective to opt out of this dispute resolution procedure. If you do not opt out, then you accept all terms and conditions of the Agreement, including the binding arbitration provision described above.
h. Modifications. In the event that LGE makes any future change to this arbitration provision (other than a change to LGE's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to LGE's address for Notice, in which case your account with LGE shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.
i. Enforceability. If Section 16(f) is found to be unenforceable or if the entirety of this Section is found to be unenforceable, then the entirety of this Section shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 15 shall govern any action arising out of or related to these Terms of Use.
17. 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. 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 deleting the Mobile App.
This Agreement, together with the Mobile App 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.
19. 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.
20. Consent to Electronic Communications
By using the Services, you consent to receiving certain electronic communications from us as further described in our Mobile App Privacy Policy. Please read our Mobile App 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 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.
21. 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].
22. Notice For California Users
If you are a California resident, you may have this Agreement mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for this Agreement. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
23. Open Source or Third Party Software.
Some components of Mobile Apps and Services are provided under Open-Source License terms. Please refer to the below link to view the detailed information. Please note the below link may not be accessible without the internet connection. [http://opensource.lge.com]
24. Special Terms Regarding Apple.
If you are downloading the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS-based Device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. Your use of the software must at all times be in accordance with the Usage Rules set forth in the Apple App Store Terms of Service. This Agreement is between you and LGE only, not with Apple, and Apple is not responsible for the App and the content thereof. This Agreement is not intended to provide for usage rules for software that are less restrictive than the Usage Rules set forth for “Licensed Applications” in, or that otherwise conflict with, the Apple App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the LGE App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that your possession and use of the App infringe that third party’s intellectual property rights. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with any applicable third party terms when using the App. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement.
Last updated: [July.28.2014]