Terms

ENPHASE ENERGY TERMS OF SERVICE

THE ENPHASE ENERGY WEBSITES ARE http://enlighten.enphaseenergy.com, AND http://www.enphaseenergy.com. PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS OF THE USE OF THE ENPHASE ENERGY WEBSITES ("TERMS OF SERVICE" OR "TERMS") CAREFULLY BEFORE USING THESE SITES. THESE ENPHASE ENERGY TERMS OF SERVICE CONTAIN IMPORTANT INFORMATION WHICH DIRECTLY AFFECT YOUR RIGHT TO USE THESE WEBSITES.

The Enphase Energy websites and the statements, information, diagrams, trademarks, service marks and trade names contained or referenced in these websites (collectively, the "Information"), are provided solely as a courtesy to the customers and potential customers of Enphase Energy’s products and services and other visitors to the Enphase Energy websites. The Information is provided subject to the terms and conditions of these Terms of Service. By using these Enphase Energy websites and reviewing, copying, printing or otherwise utilizing in any way the Information, you agree affirmatively to be bound by these Terms of Service. If for any reason you are not willing to agree to be bound by these Terms of Service, you must exit the Enphase Energy websites immediately and not review any of the Information.

USE OF THE MATERIALS

All of the Information and other materials on the websites owned or operated by Enphase Energy are solely the property of Enphase Energy, and are owned and copyrighted by Enphase Energy under the laws of the United States and the copyright laws reflected in the treaties and conventions of other jurisdictions. You should assume that everything on the Enphase Energy websites is protected by copyright. Any use of the Information and other materials appearing on the Enphase Energy websites which is not specifically and expressly authorized by Enphase Energy may be a violation of Enphase Energy’s rights in its intellectual property or other applicable law. Modification, alteration, or deletion of any of the Information is prohibited, including but not limited to Enphase Energy’s copyright, trademark or other proprietary notices. Use of the Enphase Energy websites does not constitute the license or transfer of any rights of any kind by Enphase Energy.

Reproduction, copying or redistribution for commercial purposes of any materials or design elements on the Enphase Energy websites is strictly prohibited without the express written consent of Enphase Energy, which Enphase Energy may grant or deny in its sole discretion.

The trademarks, service marks and logos ("Marks") displayed on the Enphase Energy websites are the property of Enphase Energy. You are expressly prohibited from using any or all of the Marks for any purpose, including but not limited to use as metatags on other pages or websites.

DESCRIPTIONS AND SPECIFICATIONS OF PRODUCTS

The descriptions and specifications of products and services on the Enphase Energy websites are subject to change at any time, whether or not reflected in the descriptions or specifications on the Enphase Energy websites. For these and other reasons, the descriptions and specifications on the Enphase Energy websites do not constitute a guarantee, warranty or offer of any kind. No representations, descriptions or specifications of Enphase Energy’s products which are not specifically set out in an approved agreement with its customer shall be binding on Enphase Energy in any way. Descriptions and specifications of products and services on the Enphase Energy websites do not create any additional obligations or liabilities of Enphase Energy of any kind.

USE OF THE WEBSITES

The Enphase Energy websites are available for use only by persons who agree to use those websites in strict compliance with all applicable laws, rules and regulations (including any laws regarding the export of data, software or technology to and from the United States and all other relevant countries), and with these Terms. By accessing the Enphase Energy websites, you agree to use those websites only for purposes and in a manner permitted by such laws, rules and regulations and by these Terms. You also agree not to access or attempt to access any of the Enphase Energy websites or any of the web pages thereof by any means other than the interface that is provided by Enphase Energy. Without limiting the foregoing, you specifically agree not to access or attempt to access the Enphase Energy websites or any of the web pages thereof through any automated means, including the use of scripts or web crawlers, and shall ensure that, at all times, you comply with the instructions set out in any robots.txt file present on any Enphase Energy website.

You further agree that you will not engage in any activity of any kind that may interfere with or disrupt the functioning of any Enphase Energy website or the servers and networks on which the Enphase Energy websites are maintained.

You understand and agree that you are responsible for maintaining the confidentiality of the passwords associated with any account you use on the Enphase Energy websites, and you agree that you will be solely responsible to Enphase Energy for any and all activities that occur under your account.

DISCLAIMERS

THE INFORMATION PROVIDED ON THE ENPHASE ENERGY WEBSITES IS STRICTLY ON AN "AS-IS" BASIS, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ENPHASE ENERGY MAKES NO REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION ON THE ENPHASE ENERGY WEBSITES. BY USING THE ENPHASE ENERGY WEBSITES, YOU AGREE THAT, TO THE FULL EXTENT PERMITTED BY LAW, ENPHASE ENERGY HAS NO LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE INFORMATION, SERVICES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THE ENPHASE ENERGY WEBSITES. ENPHASE ENERGY IS NOT LIABLE FOR ANY INJURY OR DAMAGES OF ANY KIND WHATSOEVER CAUSED BY, WITHOUT LIMITATION, ANY USE OF THE INFORMATION OR THE ENPHASE ENERGY WEBSITES, OR FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DEFECT, OMISSION, DELAY, COMPUTER VIRUS OR COMPUTER WORM, OR LINE FAILURE ASSOCIATED WITH THE USE OF THE ENPHASE ENERGY WEBSITES.

In the event that such disclaimer of warranties is ineffective to any degree due to the law of any jurisdiction, Enphase Energy's total liability to you will not exceed your actual direct costs of accessing the Enphase Energy websites.

PRIVACY

Enphase Energy’s Privacy Policies apply to these Terms and are incorporated in these Terms by this reference. Enphase Energy's Privacy Policies are available for review at enphaseenergy.com/privacy. You agree to use the Enphase Energy websites subject to and in accordance with those Privacy Policies.

LINKED SITES

With the sole exception of Enphase Energy's remote monitoring website at http://enlighten.enphaseenergy.com, any and all websites accessed by links contained in the Enphase Energy websites are not under the control of and Enphase Energy has not participated in the development of those websites. Enphase Energy is not in any way responsible for the accuracy, form, content or any other aspect of any such linked websites, and in no way endorses any company or product in any such linked website. Enphase Energy reserves the right, in its sole discretion, to delete any link to any website at any time. You agree that you access any such linked website solely at your own risk, including but not limited to the risk of infection of your computer or computer network with malware, viruses, worms or other computer problems due to such linked websites.

AUTOMATED UPDATES OF SOFTWARE

The software which you use in connection with the Enphase Energy websites, when accessed for remote monitoring services to which you subscribe, may automatically download and install updates from time to time from Enphase Energy. These updates are intended to improve and enhance your experience in using the Enphase Energy remote monitoring services website, and may take the forms of bug fixes, enhanced functions, new software modules, and completely new versions.You agree to receive such updates from Enphase Energy as part of your use of the Enphase Energy websites.

RESTRICTED USE BY UNITED STATES GOVERNMENT

Enphase Energy’s Information is provided with and subject to "Restricted Rights." Any use, disclosure or duplication by the U.S. Government is subject to restrictions in accordance with FAR 52.227-14 and DFAR 252.227-7013, et seq., or their successors. Use of Enphase Energy's Information by the U.S. Government constitutes acknowledgement of Enphase Energy's sole proprietary rights in them.

JURISDICTION

These Terms and Conditions are governed by the laws of the State of California, United States of America, and jurisdiction for any claims arising from these Terms and Conditions shall be in a federal court in the Northern District of California having jurisdiction or in the California state courts in Sonoma County, California. By using the Enphase Energy websites you consent to the jurisdiction of these courts.