Energy Planner Terms of Use

Welcome and thank you so much for choosing Energy Planner. We are so happy to take steps for saving our future with you. You agree to our terms as you use our products and services. Please take few minutes to read over the Energy Planner's Terms of Use below. 

Note: You are entering into a legally binding agreement. We provide our solar plan set and layout services to solar contractors only.

1. General

1.1. Purpose

The mission of Energy Planner is to provide the world's solar professionals with more effective and facilitating solar engineering products and services. To achieve our mission, we make services available through our website, mobile applications, and developer platform, to help you, your customers and connections, and thousands of other professionals to meet, learn, make deals, find opportunities, work, and make decisions in a network of trusted relationships and groups.

1.2. Scope and Intent

You agree that by registering on Energy Planner, or by using our website, including our mobile applications, developer platform, premium services, or other information provided as part of the Energy Planner services (collectively “Energy Planner” or the “Services”), you are entering into a legally binding agreement with Energy Planner, NANOOMEXIT, Inc. 19700 S. Vermont Ave. Torrance, CA 90502 USA, in accordance with the terms and conditions of this Energy Planner Terms of Use and the Energy Planner Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become an Energy Planner member (“Member”).  If you are using Energy Planner on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become an Energy Planner Member, do not enter into this Agreement, do NOT click “Join Now”, and do not access, view, download or otherwise use any Energy Planner webpage, information or services. By clicking “Sign Up” (or “MEMBERSHIP Sign Up” or similar), you acknowledge that you have read and agree to be bound by all the terms and conditions of the Terms of Use with full understanding and willingness. By clicking “Sign Up,” you also consent to use electronic signatures and acknowledge your click of the “Sign Up” button as one. Please note that the Energy Planner Terms of Use and Privacy Policy are also collectively referred to as Energy Planner' Terms of Use.”

2. Service and Membership

2.1. Services

Provided that you comply with all your obligations under this Agreement, including, but not limited to, the Do's and Don'ts listed in Section 10, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicensable license and right to access the Services, through a generally available web browser, mobile device or Energy Planner authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Energy Planner or its Members), to view information and use the Services that we provide on Energy Planner webpages and in accordance with this Agreement. Any other use of Energy Planner contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Energy Planner commercially unless expressly authorized by Energy Planner) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Energy Planner and all related items, including all copies made of the Energy Planner website.

2.2. Service Eligibility

To be eligible to use the Service, you must meet the following conditions and represent and warrant that you: (1) are the “Minimum Age” (18 years old) or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having an Energy Planner account, (3) are not a competitor of Energy Planner or are not using the Services for reasons that are in competition with Energy Planner; (4) will only maintain one Energy Planner account at any given time; (5) will use your real name and only provide accurate information to Energy Planner; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of Energy Planner or third party, including intellectual property rights such as copyright or trademark rights; and (8) agree to provide at your cost all equipment, software, mobile access, and internet access necessary to use the Services.

2.3. Services Availability

For as long as Energy Planner continues to offer the Services, Energy Planner shall provide and seek to update, improve, and expand the Services. As a result, we allow you to access Energy Planner as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend, or discontinue Energy Planner, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our members in our sole discretion. All these changes shall be effective upon their posting on Energy Planner or by direct communication to you unless otherwise noted. Energy Planner further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Energy Planner to be contrary to this Agreement. For avoidance of doubt, Energy Planner has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.

2.4. Third Party Sites and Developers

Energy Planner may include links to third party web sites (“Third-Party Sites”) on www.energyplanner.ai and elsewhere. Energy Planner also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Energy Planner through its developer platform. You are responsible for evaluating whether you want to access or use a Third-Party Site or Platform Application. You should review any applicable terms or privacy policy of a Third-Party Site or Platform Application before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not. Energy Planner is not responsible for and does not endorse any features, content, advertising, products, or other materials on or available from Third Party Sites or Platform Applications. Energy Planner also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to use Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer's actions, and that this Agreement does not apply to your use of any Third-Party Site or Developer Application. Please note: If you allow a Platform Application or Third-Party Site to authenticate you or connect with your Energy Planner account, that application or website can access information on Energy Planner related to you and your connections. For additional information regarding Platform Developers and Platform Applications, please refer to Energy Planner's Privacy Policy.

2.5. Membership

The profile you create on Energy Planner will become part of Energy Planner and excerpt from  the information that you license to us is owned by Energy Planner. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other's accounts; (4) not sell, trade, or transfer your Energy Planner account to another party; and (5) not charge anyone for access to any portion of Energy Planner, or any information therein. Further, you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit contact hi@energyplanner.ai.

2.6. License and warranty for your submissions to Energy Planner

You own the information you provide Energy Planner under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Energy Planner a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Energy Planner, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Energy Planner, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights. It is your responsibility to keep your Energy Planner profile information accurate and updated.

2.7. Notify us of acts contrary to the Agreement.

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative proposal, though we are under no obligation to do so.

2.8. Notifications and Service Messages

For purposes of service messages and notices about the Services, Energy Planner may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Energy Planner to an email address associated with your account, even if we have other contact information. You also agree that Energy Planner may communicate with you through your Energy Planner account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Energy Planner account or services associated with Energy Planner. 

Please review your settings to control what kind of messages you receive from Energy Planner. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.

By signing up as a member, you agree to receive emails that we send to you when there are updates related to project orders, such as project projection and plan set drawing completion, and when the Privacy Policy and Terms of Use are updated.

2.9. User-to-User Communication and Sharing 

Energy Planner offers various forums such as Energy Planner Messages, Notices, and Network Updates, where you can post your observations and comments on designated channel groups. Energy Planner also enables sharing of information by allowing users to post updates, including links to news articles and other information such as job opportunities, product recommendations, and other content to their profile and other parts of the site, such as Energy Planner Messages and Energy Planner Company Pages. 

Energy Planner members can create Energy Planner Messages and Company Pages for free, however, Energy Planner, in its sole discretion, may close or transfer Energy Planner Messages or Company Pages, or remove content from them if the content violates this Terms of Use,  intellectual property rights of others, or laws and regulations. Please note that ideas you post and information you share may be seen and used by other Members, and Energy Planner cannot guarantee that other Members will not use the ideas and information that you share on Energy Planner. 

Therefore, if you have an idea or information that you would like to keep confidential or don't want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Energy Planner Messages, into your Network Updates, or elsewhere on Energy Planner. Energy Planner IS NOT RESPONSIBLE FOR A ANOTHER'S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON Energy Planner.

2.10. Privacy

You should carefully read our full Privacy Policy before using Energy Planner as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Energy Planner, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part and that Energy Planner may process such information, within the terms of the Privacy Policy.

2.11. Export Control

Your use of Energy Planner services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not - directly or indirectly - sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.

2.12. Contributions to Energy Planner

By submitting ideas, suggestions, documents, or proposals ("Contributions") to Energy Planner through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Energy Planner is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Energy Planner shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Energy Planner may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to Energy Planner rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Energy Planner under any circumstances.

2.13. Disclosure of User Information

You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide in accordance with the terms of the Privacy Policy if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Energy Planner, our Members or the public. Disclosures of Member information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Privacy Policy. 

2.14. Connections and Interactions with other Members

You are solely responsible for your interactions with other Members. Energy Planner may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Energy Planner reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Energy Planner determines, in our sole discretion, which doing so is necessary to implement this Agreement.

2.15. Intellectual Property Notices

The Service includes the copyrights and Intellectual property rights of Energy Planner and except for the limited license granted to you in this Terms of Use, Energy Planner reserves all its intellectual property rights in the Service. Energy Planner, the Energy Planner and “tools” logos and other Energy Planner trademarks, service marks, graphics, and logos used in connection with Energy Planner are trademarks or registered trademarks of Energy Planner in the U.S. and/or other countries. Other trademarks and logos used in connection with Energy Planner may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.

3. Payment

3.1. Payment

Payment for our services can be made in three ways to suit your convenience.

1) Credit card: You have the option to pay on a project-by-project basis. Simply provide your credit card details when placing your order, and you'll be billed for each project individually.
2) Store Credit: Alternatively, you can purchase credits and use them for any orders. These credits can be applied until they are fully utilized. 
3) Invoice Me Later: For clients with established agreements, we offer the option to be invoiced for our services. Please note that this payment method is eligible for use upon the agreement's establishment. 

Upon payment of the set amount for the service, plansets can be downloaded as PDF files based on the requested order form. We strive to provide flexibility in our payment options to best accommodate your needs.   

 

3.2 Refund and Change Request

You can request to be refunded if any uncurable errors are derived from Energy Planner's faults. You may also request a change or correction if there are errors on the products. Additional fee for such change or correction would be for free if such correction is derived from Energy Planner's fault or if product is rejected by any relevant authorities such as AHJ or utility company. Additional fee would be charged if any correction or change is derived from customer's fault or if customer requests with no fault of products.

3.3 Fee Changes

Revisions due to contractor or system owner changes to equipment or layout, undiscovered HOA requirements, or utility system size limitations will incur revision fees. There is no cost for AHJ and Utility required corrections. However, if you supply the layout that does not comply with the fire setbacks/pathways requirements and the AHJ issues a correction, we will charge a revision fee. 

We have full control over a changeable time and charge amount (including turnaround time or due day and detailed revision fee and plan set pricing) due to the specific situations. May changes apply without any notice. The service fee and the amount for additional requested services are also subject to change without notice.

3.4 Store Credit 

(1) Store Credit can be redeemed for goods and/or services at https://new.energyplanner.ai/ only. (2) Store Credit is valid for 60 months from the date it is issued. Any unused Store Credit will not be redeemable after 60 months. The validity date cannot be extended. (3) Once Store Credit has been issued, the value cannot be changed to a cash refund. (4) Store Credit does not accrue interest. (5) Store Credit can only be used on orders associated with your original account or email address. Store credit cannot be transferred to another person or account. (6) Energy Planner will not be responsible for any lost or stolen Store Credit. (7) If the value of your purchase is less than the value of the Store Credit, your spend will be deducted and the remaining balance can be redeemed when you make an another purchase. Purchase amounts that exceed the value of the Store Credit will require an additional method of payment for the balance due. (8) If an Order  made by Store Credit is cancelled or returned, the portion of the purchase attributable to the store credit will be restored to your account only, and not refunded as cash. (9) We reserve the right to correct the balance of your store credit if we believe that a clerical or account error has occurred.

 

3.5 Invoice Me Later 

1) Billing Frequency: Invoices will be generated monthly and sent to you on the 1st day of each month.
2) Payment Due Date: The payment due date for each invoice is the 15th day of the same month.
3) Additional Payment option: The default payment method is credit card, but if you prefer bank transfer, please contact our service team at hi@energyplanner.ai to arrange the required payment method.  
4) Disputed Invoices: All invoice disputes must be submitted to our Billing Department in writing or via email within thirty(30)days of receiving the invoice. Failure to notify us within this period will be deemed as acceptance of the fees stated in the invoice, and you will forfeit the right to dispute the payment. 
5) Interest on Unpaid Invoice: If you are delinquent in paying any invoice, Energy Planner reserves the right to charge a late fee not to exceed one and a half percent (1.5%)per month on the unpaid balance. 

6) Invoice Cancellation

a. Refundable Status: Once an order is submitted, and its status changes to ‘Pending' or ‘In Progress', it becomes non-refundable. We cannot issue refunds for services in these statuses.

b. Cancellation Exception: In the event of an order being in ‘Completed' status, cancellations may be considered, but only in case where the cancellation is warranted due to an error or fault on the part of Energy Planner, including instances of duplication. We will review such requests on a case-by-case basis and, if deemed appropriate, may grant a cancellation and refund. 

c. Cancellation method: To request a cancellation under the exceptional circumstances mentioned in the section b, please contact Energy Planner's customer support through our designated channels, which can be found on our website. You must provide all relevant information regarding the order, including the order number, date, and any supporting details.

d. Cancellation Process: If your cancellation request is approved, Energy Planner initiate the cancellation process. Any order cancelled will be marked as a ‘Canceled' and appeared on your monthly invoice. 

e. Exceptions: Energy Planner reserves the right to make exceptions to this Policy in unique situations. Such exceptions are made at the sole discretion of Energy Planner.

f. Changes to the Policy: Energy Planner reserves the right to amend this Policy at any time without prior notice. Any updates or changes to this Policy will be effective immediately upon publication on our website. 

4. Disclaimer

We disclaim any legal liability for the quality, safety, or reliability of Energy Planner.

DO NOT RELY ON Energy Planner OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR Energy Planner AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Energy Planner DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Energy Planner AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY Energy Planner OR ANYTHING RELATED TO Energy Planner, YOU MAY CLOSE YOUR Energy Planner ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. Energy Planner IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS MESSAGES, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH Energy Planner TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. Energy Planner DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, Energy Planner DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. Energy Planner DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. Energy Planner DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, Energy Planner DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE Energy Planner SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.

5. Limitation of Liability

We are trying to limit any legal liability we may have to you.

LIMITATION OF LIABILITY. Neither Energy Planner nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Energy Planner Affiliates”) shall be cumulatively liable for (a) any damages in excess of two times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is lesser, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Energy Planner. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

" Apply regardless of whether (1) you base your claim on contract, tort, statute, or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

" Not apply to any damage that Energy Planner may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.

" Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services

6. Termination

Either party may terminate this Terms of Use anytime at will. 

6.1. Mutual rights of termination at will

You may terminate this Terms of Use, for any or no reason, at any time, with notice to Energy Planner pursuant to Section 9.3. This notice will be effective upon Energy Planner processing your notice. Energy Planner may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Energy Planner or the party paying for the services may terminate your access to any Premium Services. Termination of your Energy Planner account includes disabling your access to Energy Planner and may also bar you from any future use of Energy Planner.

6.2. Misuse of the Services

Energy Planner may restrict, suspend, or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes inviting other Members with whom you do not know to connect; abusing the Energy Planner messaging services; creating multiple or false profiles; using the Services commercially without Energy Planner's authorization, infringing any intellectual property rights, violating any of the Do's and Don'ts listed in Section 10, or any other behavior that Energy Planner, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Energy Planner has adopted a policy of terminating accounts of Members who, in Energy Planner's sole discretion, are deemed to be repeat infringers under the United States Copyright Act.

6.3. Effect of Termination

Upon termination of your Energy Planner account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 2 (“Services and Membership”).

7. Dispute Resolution

7.1. Governing Law and Forum for Legal Disputes

This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the state of California regardless of your country of origin or where you access Energy Planner, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Energy Planner agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Orange County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Energy Planner agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that Energy Planner shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

7.2. Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects' arbitration, they shall initiate and conduct such arbitration in Orange County, California through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) arbitration shall be in English and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

8. Miscellaneous

8.1. Indemnification 

You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Energy Planner.

8.2. Severability

If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

8.3. Language

Where Energy Planner has provided you with a translation of the English language version of this Terms of Use, the Privacy Policy, or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Terms of Use the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Energy Planner.

8.4. Notices and Service of Process

In addition to Section 2.8. (“Notices and Service Messages”), we may notify you via postings on www.solarcloudtools.com. You may contact us at hi@energyplanner.ai Or via mail or courier at: Energy Planner, Inc. ATTN: Legal Department 19700 S. Vermont Ave, Torrance, CA 90502 USA Additionally, Energy Planner accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.

8.5. Entire Agreement

You agree that this Agreement constitutes the entire, complete, and exclusive agreement between you and Energy Planner regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy, or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Energy Planner services, third-party content, or third-party software.

8.6. Amendments

We reserve the right to modify, supplement, or replace the terms of this Agreement, effective prospectively upon posting at www.energyplanner.ai or notifying you otherwise. For example, we may present a banner on the Services when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 6 (Termination).

8.7. No informal waivers, agreements, or representations

Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Energy Planner Affiliate shall be deemed legally binding on any Energy Planner Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Energy Planner.

8.8. No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.

8.9. Beneficiaries

Entities other than Energy Planner Corporation and Energy Planner Ireland, that Energy Planner Corporation owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.

8.10. Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement without written consent by Energy Planner. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Energy Planner Corporation for any third party that assumes our rights and obligations under this Agreement.

8.11. Force Majeure

Neither party shall be liable for any failure delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) for causes beyond that party's reasonable control and occurring without that party's fault or negligence, including, but not limited to, acts of God, flood, drought, earthquake or other natural disaster, epidemic or pandemic, any law or any action of a government or public authority, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Energy Planner or Member employees, respectively), or, where Energy Planner is in compliance with its obligations under this Agreement, computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

9. Energy Planner “DOs” and “DON'Ts.”

As a condition to access Energy Planner, you agree to this Terms of Use and to strictly observe the following DOs and DON'Ts:

Here's a list of some of the specific things we ask you to do and not do on Energy Planner.

9.1. Do undertake the following:

1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.

2. Provide accurate information to us and update it as necessary.

3. Review and comply with our Privacy Policy.

4. Review and comply with notices sent by Energy Planner concerning the Services.

5. Use the Services in a professional manner; and

6. Use your real name on your profile.

9.2. Don't undertake the following:

1. Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Energy Planner.

2. Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature.

3. Create a member profile for anyone other than a natural person.

4. Harass, abuse, or harm another person, including sending unwelcomed communications to others using Energy Planner.

5. Invite people you do not know to join your network.

6. Upload a profile image that is not your likeness or a headshot photo.

7. Use or attempt to use another's account or create a false identity on Energy Planner.

8. Upload, post, email, transmit or otherwise make available or initiate any content that:

a. Falsely states, impersonates, or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or misrepresents your affiliations with a person or entity, past or present.

b. Is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.

c. Adds to a content field content that is not intended for such field (e.g., submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Energy Planner);

d. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

e. Infringes upon patents, trademarks, trade secrets, copyrights, or other proprietary rights.

f. Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Energy Planner invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (b) using Energy Planner to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;

g. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Energy Planner or any user of Energy Planner.

h. Forge's headers or otherwise manipulate identifiers to disguise the origin of any communication transmitted through the Services; or

9. Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices.

10. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Energy Planner (excluding content posted by you) except as permitted in this Agreement, Energy Planner's developer terms and policies, or as expressly authorized by Energy Planner.

11. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof.

12. Utilize or copy information, content, or any data you view on or obtain from Energy Planner to provide any service that is competitive, in Energy Planner's sole discretion, with Energy Planner.

13. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Energy Planner unless you have entered into a written agreement with Energy Planner (this includes, but is not limited to, representing yourself as an accredited Energy Planner trainer if you have not been certified by Energy Planner as such).

14. Adapt, modify, or create derivative works based on Energy Planner or technology underlying the Services, or other Members' content, in whole or part, except as permitted under Energy Planner's developer program.

15. Rent, lease, loan, trade, sell/re-sell access to Energy Planner or any information therein, or the equivalent, in whole or part.

16. Sell, sponsor, or otherwise monetize an Energy Planner Group or any other service or functionality of Energy Planner, without the express written permission of Energy Planner.

17. Deep link to the Site for any purpose, (i.e., creating or posting a link to an Energy Planner web page other than Energy Planner's home page) unless expressly authorized in writing by Energy Planner or for the purpose of promoting your profile or a Group on Energy Planner as set forth in the Brand Guidelines.

18. Remove any copyright, trademark or other proprietary rights notices contained in or on Energy Planner, including those of both Energy Planner and any of its licensors.

19. Remove, cover or otherwise obscure any form of advertisement included on Energy Planner.

20. Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Energy Planner except as expressly permitted in this Agreement or as the owner of such information may expressly permit.

21. Share information of non- Members without their express consent.

22. Infringe or use Energy Planner's brand, logos or trademarks, including, without limitation, using the word “Energy Planner” in any business name, email, or URL or including Energy Planner's trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Energy Planner.

23. Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site.

24. Use bots or other automated methods to access Energy Planner, add or download contacts, send, or redirect messages, or perform other similar activities through Energy Planner, unless explicitly permitted by Energy Planner.

25. Access, via automated or manual means or processes, Energy Planner for purposes of monitoring Energy Planner's availability, performance or functionality for any competitive purpose.

26. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Energy Planner's website.

27. Attempt to or actual accessing Energy Planner by any means other than through the interfaces provided by Energy Planner such as its mobile application or by navigating to http://www.solarcloudtools.com using a web browser. This prohibition includes accessing or attempting to access Energy Planner using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Energy Planner.

28. Attempt to or override any security component included in or underlying Energy Planner.

29. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Energy Planner's infrastructure, including, but not limited to, sending unsolicited communications to other Members or Energy Planner personnel, attempting to gain unauthorized access to Energy Planner, or transmitting or activating computer viruses through or on Energy Planner; and/or

30. Interfere or disrupt or game Energy Planner or the Services, including, but not limited to, any servers or networks connected to Energy Planner, or Energy Planner's search algorithms.

10. Complaints Regarding Content Posted on the Energy Planner Website

If you think someone has stolen or misused your intellectual property on Energy Planner, please check out our Copyright Policy.

We built Energy Planner to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our members to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Energy Planner To provides a process for submission of complaints concerning content posted by our members. 

How to Contact Us

If you have questions or comments about this Terms of Use, please contact us online or by physical mail at:

Energy Planner, NANOOMEXIT, Inc. 

Attn Terms of Use Issues

19700 S, Vermont Ave.

Torrance, CA 90502

United States of America

Also, you can contact to our Customer Service Center. [Customer Service Center: hi@energyplanner.ai]