General Description
www.mymidnite.com is maintained and owned by MidNite Solar, Inc.
(together with its affiliates or subsidiaries, "MidNite Solar, Inc.").
These Terms of Use (the "Terms") specify the terms for your use of the
Services (the "Services") provided by this website (the "Website").
By accessing, using, or contributing to the Services, and in consideration for the
Services provided to you, you agree to abide by the Terms.
MidNite Solar, Inc. may change the Terms from time to time,
at MidNite Solar, Inc.'s sole discretion.
Your continued use of this website following the posting of such changes will
constitute your assent to all such changes. We will attempt to inform you of any
changes to the Terms through your account. Additionally, the most recent Terms will
be made available through the website.
These Terms supersede any verbal changes and can only be modified by
written agreement signed by an officer of MidNite Solar, Inc.
Account Registration
To utilize the Services, or certain portions thereof, you may be required to
complete a registration and submission process and establish a MidNite Solar account
("MidNite Solar Account"). You represent and warrant that all information provided by
you is current, accurate, and complete, and that you will maintain the accuracy
and completeness of this information on a prompt, timely basis.
Password and Security
As a registered user of mymidnite.com, you may receive or establish one or more passwords.
You are solely responsible for maintaining the confidentiality and security of your
password(s) and MidNite Solar Account(s). You understand and agree that you a fully responsible
for all actions and postings made from your MidNite Solar Account(s). Any accounts you are
create are not transferrable. You agree to notify MidNite Solar, Inc. immediately if you become
aware of any unauthorized use of your MidNite Solar Account(s).
Content
Personal Use Only
The Services are provided solely for personal, non-commercial use. You may not take any
material from this website and reformat, repost, or redisplay it for commercial purpose.
Contributed Content
Contributed content may not be illegal, obscene, defamatory, threatening, infringing of
intellectual property rights, invasive of privacy or otherwise injurious or objectionable.
MidNite Solar, Inc. does not pre-screen or regularly review any contributed content,
but MidNite Solar, Inc. has the right (though not the obligation) to remove,
without notice, any content posted which we consider, for any reason, to violate
these Terms or to be outside the subject scope of the Services. MidNite Solar, Inc.
may terminate any account, with or without notice, for posting such content.
Copyright and Trade Marks
Any person who provides any material for inclusion on the Website is responsible for ensuring that
this material does not violate other parties' copyright or other proprietary rights and does
not otherwise violate law or applicable MidNite Solar, Inc policy. As part of its general right
to remove material, MidNite Solar, Inc. reserves the right in its sole discretion to delete
or make inaccessible files that do or may contain material that violates law, or applicable
MidNite Solar, Inc. policy, or the rights of third parties.
License to MidNite Solar, Inc.
Users grant to MidNite Solar, Inc. a limited, non-exclusive, worldwide, royalty free,
revocable license to perform the Services. By contributing content to the Website, you
grant MidNite Solar, Inc. a non-exclusive, royalty-free, perpetual, worldwide, revocable
license to use your content in connection with the Services, including, without limitation,
the rights to copy, distribute, transmit, publicly display, print, allow others to print,
publicly perform, reproduce, edit, translate, and reformat your digital and non-digital
content, and/or to incorporate it into a collective work.
MidNite Solar, Inc. Ownership and Rights
All materials on the Website are the copyright of MidNite Solar, Inc. or are reproduced
with permission from other copyright owners. All rights are reserved. The materials on
this web site may be retrieved and downloaded solely for personal non-commercial use.
No materials may otherwise be copied, modified, published, broadcast or otherwise
distributed.
Termination
MidNite Solar, Inc. reserves the right to terminate your MidNite Solar Account or
restrict access to your MidNite Solar Account, or to delete any content posted through
your MidNite Solar Account , with or without notice, for any or for no reason.
Community Participation Browsing
You understand that the content made available via the Website are the work of
individual authors and do not necessarily represent the view of MidNite Solar, Inc.
MidNite Solar, Inc. assumes no responsibility for the accuracy, suitability, or
completeness of any content provided.
Linking
You understand that MidNite Solar, Inc. has not and cannot review all material made
available through websites linked or linking to any part of this site. You also
understand that no such linking implies in any way that MidNite Solar, Inc. endorses or
is affiliated with any third-party website. You agree that MidNite Solar, Inc. bears no
responsibility or liability for any content accessed or harm caused from any third-party
website.
User Representations and Warranties
By posting any content, you represent and warrant that you have all right, title, and
interest to such posted content, including but not limited to any consent, authorization,
release, clearance or license from any third party (such as, but not limited to, any
release related to rights of privacy or publicity) necessary for you to provide, post,
upload, input or submit the content, and that posting such content does not violate or
constitute the infringement of any patent, copyright, trademark, trade secret, right of
privacy, right of publicity, moral rights, or other intellectual property right recognized
by any applicable jurisdiction of any person or entity, or otherwise constitute the
breach of any agreement with any other person or entity. You represent and warrant
that you will not use any software, which sends repeated queries to MidNite Solar, Inc.,
or otherwise send automated queries of any sort to MidNite Solar, Inc. You further
represent and warrant that you are who you say you are, that you have not submitted
fictitious, false or inaccurate information about yourself, and that all information
contained in the posted content is true and your own work or work you are authorized to
submit, and that the posted content does not contain any threatening, harassing, libelous,
false, defamatory, offensive, obscene, or pornographic, material, or other material that
would violate any other applicable law or regulation. You agree that you will not knowingly
and with intent to defraud provide material and misleading information. You represent
and warrant that the content you supply does not violate the Terms.
Indemnities
You acknowledge and agree to indemnify and hold MidNite Solar, Inc., their affiliates,
officers, employees and agents, harmless, including costs and attorneys' fees, from any
claim or demand made by any third party due to or arising out of your use of the Website or
the Services, your violation of these Terms, or the infringement by you or made under
your account, of any intellectual property or other right of any person or entity.
Copyright Complaints
If you are a copyright owner and you believe that your copyrighted materials have been
used in a way that constitutes copyright infringement, please contact us at our
corporate headquarters.
General Terms
Modifications
MidNite Solar, Inc. reserves the right to change, at any time, at our sole discretion, the Terms
under which these Services are offered. You are responsible for regularly reviewing
these Terms. Your continued use of the Services constitutes your agreement to all
such Terms.
Termination of Service
While we make every effort to offer a secure, reliable service, MidNite Solar, Inc.
disclaims all responsibility and liability for the availability, timeliness, security, or
reliability of the Services or any software provided through the Services.
MidNite Solar, Inc. reserves the right to modify, suspend, or discontinue the Services or access to
the Services without any notice at any time and without any liability to you.
Extent of Terms
The Terms apply to use of and contribution to the Website and any account provided therefore.
MidNite Solar, Inc. may operate additional projects or services that require separate or additional
terms. Such different terms are made available through the individual project or service
and are not addressed further herein.
No Waiver of Terms
Failure of MidNite Solar, Inc. to exercise or enforce any right or provision of these Terms shall
not be deemed a waiver of such right or provision in that or any other instance.
Governing Law and Entire Agreement
These Terms are governed by the laws of the State of Washington, without regard to the
rules of conflict of law that may cause the laws of another jurisdiction to apply.
You agree to the sole and exclusive jurisdiction and venue of the federal or state
courts of the State of Washington in the event of any dispute of any kind arising
from or relating to the Site, or your use or review of it. The Terms constitute
the entire agreement between the parties with respect to the subject matter hereof
and supersedes and replaces all prior or contemporaneous understandings or agreements,
written or oral, regarding such subject matter. If for any reason a court of competent
jurisdiction finds any provision or portion of these Terms to be unenforceable, the
remainder of the Terms will continue in full force and effect.
DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MidNite Solar, Inc. MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE'S
OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MidNite Solar, Inc. HEREBY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. MidNite Solar, Inc. WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. YOU
EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK. UNDER NO
CIRCUMSTANCES SHALL MidNite Solar, Inc. OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT,
SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT
OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS
CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY
TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE,
OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF MidNite Solar, Inc., ITS
SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU
IN SUCH STATES. THE RESPECTIVE LIABILITY OF MidNite Solar, Inc., ITS SUPPLIERS AND LICENSORS
SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. This exclusion
and limitation only applies to the extent permitted by law and is without prejudice
to any express provisions to the contrary in any written license or subscription
agreement from MidNite Solar, Inc. in respect of the use of any online service provided via this web site.
Updated 3-10-2015
