Last Updated: August 3, 2018
2. THE SERVICE.
2.1 Description. The Service provides you with energy data that shows Sabreez’s Clean Energy Factor, Wind Number and Solar Boost, and forecast values for these variables over the period of a day or longer.
2.2 License. Use of our Service requires that you license our Technology from Sabreez PBC.
2.4 Changes in the Service. Sabreez.com reserves the right, in its sole discretion, to add, exclude and discontinue functionality in the Service and to make changes and modiﬁcations in the speciﬁcations, design and construction of the Service.
3. RIGHTS YOU GRANT TO US REGARDING YOUR INFORMATION.
3.1 The Service collects information that you choose to provide (collectively “Information”). By submitting Information to us, you are licensing that Information to us for the purpose of providing the Service to you. By submitting Information to us—or allowing us to collect such Information—you represent that you are entitled to submit it to us for use for this purpose, without any obligation by us to pay any fees or other limitations.
3.2 Right to Create and Use Anonymous and Aggregate Data. By using the Service, you expressly authorize us to create from the Information we collect on identifying anonymous or aggregate data and to use and disclose such anonymous or aggregate data in a non-personally identiﬁable manner. We own all right, title, and interest in and to the anonymous and aggregate data it creates.
4. INTELLECTUAL PROPERTY OWNERSHIP AND RESTRICTIONS.
(a) use or attempt to use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or Service or any portion thereof, without Sabreez’s express written consent, which may be withheld at our sole discretion;
(b) post or transmit any ﬁle which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or Service;
(c) attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service, including the Site;
(d) attempt to reproduce, modify, adapt, prepare derivative works of, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Service without prior written consent of Sabreez;
(e) use the Service, including the Site, to process data or provide any service bureau activity for any third party;
(f) attempt to disable, circumvent or otherwise avoid any security device, mechanism, protocol or procedure established by us;
(g) collect, or attempt to collect, any personal data about other users without their express permission;
(h) post or transmit any message which: (i) is libelous, defamatory, indecent, obscene, pornographic, harassing, or abusive, (ii) encourages conduct that would violate law, (iii) which discloses private or personal matters concerning any person, (iv) would violate the property rights of others, or (v) is otherwise inappropriate;
(i) copy or use personal identifying or business contact information about other users without their permission; or
5. PROVIDING FEEDBACK AND POSTING CONTENT. Various areas of the Service may allow you to post or provide comments, questions, feedback and other content (“Shared Content”). However, by posting or providing “Shared Content” through the Service you agree: (a) you are responsible for all Shared Content you submit to Sabreez.com; (b) you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the Shared Content in connection with our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels; and (c) you hereby grant each user a non-exclusive license to access your Shared Content and to use, reproduce, distribute, prepare derivative works of, display and perform such content.
7. No Warranty and Disclaimer. YOUR USE OF THE SERVICE IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. SABREEZ.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES FOR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT OR NON-MISAPPROPRIATION OR INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, CUSTOM, COURSE OF DEALING, TRADE, QUIET ENJOYMENT OR ACCURACY OF INFORMATIONAL CONTENT OR RESULTS OR SYSTEM INTEGRATION) AND ANY WARRANTIES OR CONDITIONS ARISING UNDER ANY OTHER LEGAL REQUIREMENT.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL SABREEZ, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICE, WHETHER OR NOT THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SABREEZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO ALL CAUSES OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL SABREEZ’S CUMULATIVE LIABILITY TO YOU EXCEED THE FEES PAID BY YOU DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12.3 International Trade Compliance. You agree not to export or re-export the Service except in compliance with the export control laws of any relevant jurisdiction.
12.6 Notice. Any notice or other communication to be given hereunder will be in writing and given by you via email to firstname.lastname@example.org or to such other addresses as sabreez.com may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
©2018 Sabreez PBC, All rights reserved.