Terms and Conditions
TERMS AND CONDITIONS
1. Agreement to be Legally Bound by Terms:
This Agreement (the “Agreement”) represents a legally binding, contractual agreement between you (“you”) and TERRAFORM Inc. (“TERRAFORM”, “us”, “our” or “we”) with respect to your use of any website operated by or on behalf of TERRAFORM (each, a “Website”). By using a Website, you are: (i) representing that you have reached the legal age of majority in your jurisdiction of residence; (ii) indicating your acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement, as they govern your access to and use of a Website and any services, products, materials, or information available on or through a Website; and (iii) agreeing to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE WEBSITE. We suggest you print a copy of these Terms for your records.
3. Modification of this Agreement by TERRAFORM:
Subject to applicable law, TERRAFORM reserves the right, in its sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we do this, we will post the changes to this Agreement at least thirty (30) days before the amendment comes into effect and will indicate at the top of this page the date this Agreement was last revised. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued access to and/or use of any Website after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, the terms of this Agreement, as revised.
4. Account Registration and Security:
When you make a purchase through a Website, you must either register for a TERRAFORM account (an “Account”) or check out as a guest. If you choose to make a purchase as a guest, you will still be required to provide certain personal information to allow us to process your Order (as defined below in Section 5). When you make a purchase with us through a Website, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) if you have registered for an Account, to promptly update such information as it changes to ensure that it is kept accurate and complete. You are solely responsible for the accuracy of all information that you provide to TERRAFORM, regardless of whether you register for an Account or purchase as a guest. In the event that you do not provide or update such information or TERRAFORM has reasonable grounds to suspect that you have not provided or updated such information, TERRAFORM shall have the right, in its sole and absolute discretion, to prevent you from using any of its Websites.
If you have registered for an Account, it is your sole and absolute responsibility to keep the password and other information provided to you by TERRAFORM confidential and secure. In the event that your password and/or Account are used without your consent or that you discover any other breach of security, you agree to promptly notify TERRAFORM via the Technical + Other section of our contact page. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your Account.
5. Making Purchases through a Website:
You may only make purchases through a Website if you are over the age of legal majority in your jurisdiction of residence. Purchases will only be shipped to a valid mailing address (as determined by TERRAFORM in its sole and absolute discretion). However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your purchase transaction (“Order”). In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address). We further reserve the right not to offer expedited or other forms of shipping. 'Free Worldwide Shipping' is subject to minimum purchase requirements established by region which may vary from time to time. Unless otherwise indicated, all dollar amounts on the website are in Canadian Dollars.
All Orders made through a Website are subject to the terms and conditions of this Agreement, as well as any other applicable terms and conditions outlined on the Website relating to the Order. Pricing and other terms and conditions relating to the purchase, return, refund, or delivery of your Order may be changed at any time without notice. Prices may differ from those for purchases made through other channels. You have a legal obligation to pay for any Orders indicated to be made by you. By completing an Order through a Website, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method. Payments are processed by a third party service provider and TERRAFORM does not collect your financial information. TERRAFORM will only charge you the invoiced amount, but your financial institution may charge you a service charge or other bank fees.
TERRAFORM reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.
In order to complete an Order through a Website, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order.
Please note that merchandise is only held for you once you have completed your Order. Adding an item or items to your shopping cart (“Cart”) does not reserve such item(s) for you or guarantee that you will be able to purchase such item(s) at a later date. An item can sell out while it's sitting in your Cart. If an item was removed from your Cart, this may mean that we have sold out prior to you completing your Order. TERRAFORM reserves the right, in its sole and absolute discretion, to change the prices offered on the website at anytime, including without limitation, items that have been placed in your Cart.
You will be billed for your Order at the time your Order is placed. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping and gift packaging or other charges. Taxes may depend on delivery location.
6. Return Policy:
We’re sorry to hear that it’s not working out. If you are not satisfied with your purchase made through the TERRAFORM website or one of our TERRAFORM retail stores, we are happy to let you know that you may apply for a refund within 365 days (1 year) of purchase as stated on your invoice/receipt. Unfortunately, we do not offer exchanges.
All returns will be credited to the original method of payment. If we issue a refund to the original tender and it is declined or rejected, your refund may be issued via PayPal. We cannot refund to another card. The refund will be issued upon processing of the returned item(s). Please include the original or print a copy of the invoice with your shipment. We do not cover the cost of return shipping. Shipping fees and Item(s) listed as Final Sale are non-refundable. We will not accept a return of more than 10 units of the same item(s) per order.
Please send your item(s) that you wish to return to your nearest TERRAFORM warehouse:
13750 Chatham Street
Blue Island, IL, 60406
Please confirm the order number, products returned, and return tracking details by submitting them. We recommend you purchase tracking services for your protection and to also save the shipping receipt for your records. Only items received by our warehouse can be credited. Please allow up to 12 days for us to receive and process your request. You will receive an email notification upon completion of return processing. If we cannot locate your order number, we are unable to process the refund. Any items incorrectly sent back cannot be credited and will not be sent back to you.
THIRD PARTY RETAILERS
We do not provide refunds or exchanges for products purchased outside of TERRAFORM. You must abide by the return and exchange policies set in place by the authorized retailer you have made your purchase with. Please contact the retailer in question for more details.
TERRAFORM maintains the right to determine, in its sole and absolute discretion, whether you are entitled to a refund and, if so, the amount of the refund you are eligible to receive. All TERRAFORM products purchased during the Black Friday sale are not eligible for a refund. TERRAFORM reserves the right, in its sole and absolute discretion, to refuse to provide a refund or accept your Order for any reason – including, but not limited to, if we deem your Order to be suspicious or fraudulent in any way. To contact customer service, please reach out on our Contact Page.
The estimated delivery time will be specified in your Order; however, as we use a third party to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. We will use commercially reasonable efforts to deliver your Order as quickly as possible within the time period(s) indicated; however, we will not be responsible for any delays in delivery which are beyond our control. If you do not receive your Order within 28 days of the estimated delivery time, please let us know via the Order Inquiries section of our contact page. Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order you may receive several shipments to complete your Order.
8. TERRAFORM Rights Regarding Orders:
Without limiting the generality of any other section of this Agreement, TERRAFORM reserve the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of this Agreement. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same Account, the same credit card, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through a Website to certain addresses. In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.
9. TERRAFORM Not Responsible for Errors:
Information (including, but not limited to, information relating to product descriptions, pricing, promotions, offers, and/or availability) provided by TERRAFORM in relation to a Website are believed to be accurate at the time of publication. Unfortunately, however, there may sometimes be information on the website that contains typographical errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information or cancel Orders if any information on a Website is erroneous or inaccurate at any time without prior notice (including after you have submitted your Order).
10. Verification of Orders by TERRAFORM:
All Orders are subject to verification by TERRAFORM at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to TERRAFORM): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of this Agreement. In order to help protect you and TERRAFORM from fraudulent transactions, we may provide your transaction-related information to a reputable third party organization to perform an address verification. This address verification is intended to ensure that the "bill to" address that you provide matches your credit card address.
11. Electronic Transmissions:
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. TERRAFORM does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using a Website. In no event will any information you provide on or through a Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your knowledge or consent. We ask that you please not send personal or financial information to us using unencrypted e-mail messages. While efforts are made to help ensure that our Websites are suitable for use on various mobile and other devices, you should take reasonable and appropriate precautions to ensure compatibility of any Website you visit with your specific mobile or other device.
12. Ownership of Websites:
The Website(s) consists of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trade-marks, brand names, software and other materials (collectively, the “Website Content”) that have been provided by TERRAFORM and/or other individuals or entities. All such Website Content is owned by TERRAFORM and/or the applicable third party. You hereby acknowledge that the Website and each component of a Website (including, without limitation, the Website Content) are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trade-mark, patent and all other applicable intellectual property and other laws. Your use of a Website and/or any Website Content does not grant or transfer to you any ownership or other rights in the Website or any component of the Website (including, without limitation, the Website Content), and except as expressly provided, nothing herein or within a Website or any component of a Website (including, without limitation, the Website Content) shall be construed as conferring on you or any other person or entity any license under any of TERRAFORM’s or any third party’s intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved by TERRAFORM. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit a Website, any component of a Website, or any of the Website Content, in whole or in part, except as expressly authorized by TERRAFORM. For greater certainty and the avoidance of any doubt, you agree that you will not take any action that is inconsistent with TERRAFORM’s ownership of a Website and/or TERRAFORM’s ownership of, or any third party’s ownership of, any Website Content. You are hereby expressly prohibited from removing any proprietary notice of TERRAFORM, or any third party, from any copy of a Website or any component of the Website (including, without limitation, the Website Content).
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within a Website and/or Website Content may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of TERRAFORM or other third party individuals or entities.
Trade-marks may be unregistered or registered in USA and in other countries, as applicable. All Trade-marks not owned by TERRAFORM are the property of their respective owners, and, where used by TERRAFORM are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on a Website or any component of a Website (including, without limitation, the Website Content) may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with TERRAFORM’s ownership of, or any third party’s ownership of, the Trade-marks. If you wish to incorporate any Trade-marks within another site or content, you must contact us and request our written permission, which may be withheld in our sole and absolute discretion.
14. Limited License to use Website:
Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to use our Website(s). Subject to the terms and conditions in this Agreement, TERRAFORM hereby grants you a limited, non-sublicensable, non-assignable, non-exclusive, non-transferable and fully revocable license to use the Website Content for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein. You agree that you shall not take or permit any action with respect to a Website or any component of a Website (including, without limitation, the Website Content) that is not expressly authorized under this limited license. Your limited license to use our Website(s) and the Website Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first).
15. Additional Restrictions:
Without limiting the generality of any other aspect of this Agreement, you agree that you shall not:
use, copy, modify, download or transfer a Website or any component of a Website (including, without limitation, the Website Content), in whole or in part, except as expressly provided in this Agreement;
(i) reverse engineer, disassemble, decompile, or translate a Website or any component of a Website (including, without limitation, the Website Content); (ii) attempt to derive the source code of a Website or any component of a Website (including, without limitation, the Website Content); (iii) create any derivative work from a Website or any component of a Website (including, without limitation, the Website Content); and/or (iv) authorize or assist any third party to do any of the foregoing;
rent, lease, loan, resell, or otherwise distribute a Website or any component of a Website (including, without limitation, the Website Content);
remove or alter any proprietary notice or legend regarding TERRAFORM’s, or any third party’s, proprietary rights in a Website or any component of a Website (including, without limitation, the Website Content);
use a Website or any component of a Website (including, without limitation, the Website Content) except in accordance with the terms of this Agreement and all applicable laws and regulations; and/or
use a Website or any component of a Website (including, without limitation, the Website Content): (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to any form of liability.
16. User Conduct and User Content:
Certain features and/or portions of a Website may permit you to upload, post or otherwise transmit content that you have created (the “User Content”). You hereby agree that you shall not use a Website to upload, post, communicate or otherwise submit or transmit through, or to, a Website any User Content that:
may, in the sole and absolute discretion of TERRAFORM, degrade, tarnish, disparage, or deprecate TERRAFORM, and/or any of its products or services, including without limitation any Website and/or the public image or standing in the community of TERRAFORM or any of its affiliates;
is deemed, in the sole and absolute discretion of TERRAFORM to be defamatory, trade libelous, pornographic or obscene;
is deemed, in the sole and absolute discretion of TERRAFORM to contain, depict, include, discuss or involve, without limitation, any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by TERRAFORM in its sole and absolute discretion;
contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence;
infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of other persons or entities, or give rise to any claims whatsoever;
contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.
17. Sharing User Content:
Certain features and/or portions of a Website may permit you to share your User Content. You understand that any User Content you choose to share via a Website may be copied, used, modified, or distributed by any other users. Further, you understand that once your User Content is shared, it cannot always be withdrawn. You assume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others personally identifiable. You hereby agree that TERRAFORM has no responsibility or liability whatsoever for any such activities. You also agree and understand that your User Content is not sponsored or endorsed by TERRAFORM, and you will not imply that your User Content is in any way sponsored or endorsed by TERRAFORM. Please consider carefully what User Content you choose to share.
18. License to use User Content:
By using a Website and providing User Content, you hereby: (i) grant to TERRAFORM a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, a Website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, a Website in favor of TERRAFORM and anyone authorized by TERRAFORM to reproduce or otherwise use such materials. For greater certainty and the avoidance of any doubt, this means that, among other things, TERRAFORM has the right to use any and all User Content and ideas you submit in any manner without any notice or obligation to you whatsoever. For greater certainty and the avoidance of any doubt, none of the User Content you post on, upload or otherwise submit to or through, the Website will be deemed confidential.
The structure, organization and source code of our Website(s) are the valuable trade secrets and proprietary confidential information of TERRAFORM and its licensors. You agree not to provide or disclose to any third party any such confidential information that is or that may be contained in and/or derived from a Website or any component of a Website (including, without limitation, the Website Content).
20. Intellectual Property Concerns:
TERRAFORM respects the intellectual property rights of others and expects you to do the same. If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark infringements taking place on or through a Website by providing a written notice with the following information:
Identification of the copyrighted work or trade-mark that you claim has been infringed;
Identification of the allegedly infringing content, and information reasonably sufficient to permit TERRAFORM to locate it;
A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;
A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner's behalf; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Deliver the notice to us at the following address: 13750 CHATHAM STREET, BLUE ISLAND, IL, 60406
21. No Duty to Correct Errors:
Without limiting any other provision(s) of this Agreement, you acknowledge and agree that TERRAFORM has no obligation whatsoever under this Agreement or otherwise to correct any defects or errors in a Website or any component of a Website (including, without limitation, the Website Content), regardless of whether you inform TERRAFORM of such defects or errors or TERRAFORM otherwise is, or becomes aware of, such defects or errors.
You agree to indemnify and hold TERRAFORM and its affiliates, and the officers, directors, employees, agents and representatives of each of them (collectively, the "TERRAFORM Entities") harmless from any and all claims, losses, liabilities, damages, suits, actions, costs, penalties and demands arising out of or relating, directly or indirectly, to: (i) our access to and/or use of a Website or any component of a Website (including, without limitation, the Website Content), (ii) your violation of any of the terms and conditions of this Agreement; and/or (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. You agree that TERRAFORM may assume the exclusive defense and control of any matter for which you are required to indemnify TERRAFORM and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without the prior written consent of TERRAFORM. TERRAFORM will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
23. Disclaimer and Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH WEBSITE AND EACH COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF A WEBSITE AND EACH COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) RESIDES WITH YOU. TERRAFORM EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TERRAFORM MAKES NO REPRESENTATION OR WARRANTY THAT: (I) A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL BE COMPATIBLE WITH YOUR COMPUTER, MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (II) A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT), INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION OR MATERIAL, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM A WEBSITE WILL BE SECURE; (V) THE USE OF A WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON OR ENTITY; OR (VI) THE USE OF A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, SOFTWARE OR ELECTRONIC FILES.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.
THE INFORMATION AVAILABLE ON OR THROUGH A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
ANY AND ALL INFORMATION OBTAINED FROM OR THROUGH A WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH A WEBSITE IS SOLELY AT YOUR OWN RISK.
COMMENTS OR OPINIONS EXPRESSED ON A WEBSITE ARE THOSE OF THEIR RESPECTIVE USERS ONLY. COMMENTS OR OPINIONS EXPRESSED ON A WEBSITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF TERRAFORM. THE TERRAFORM ENTITIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, ANY AND ALL USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH A WEBSITE.
THE TERRAFORM ENTITIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO, DIRECTLY OR INDIRECTLY, A WEBSITE OR ANY COMPONENT OF A WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT). YOU EXPRESSLY ACKNOWLEDGE THAT TERRAFORM HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES ITS WEBSITE(S) AND EACH COMPONENT OF EACH WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND TERRAFORM. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
24. Governing Law:
For users outside of Illinois, this Agreement, your use of a Website, and all related matters shall be governed solely by the domestic laws of the State of Illinois, USA and the federal laws of USA applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of Illinois in relation to all disputes arising from or related to this Agreement, your use of a Website and any related matters.
For residents of Illinois, this Agreement, your use of the Website, and all related matters shall be governed solely by the domestic laws of the State of Illinois, USA and the federal laws of USA applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the State of Illinois in relation to all disputes arising from or related to this Agreement, your use of a Website and any related matters.
If you breach any provision of this Agreement (as determined by TERRAFORM in its sole and absolute discretion), then you may no longer use our Website(s) or any component of our Website(s) (including, without limitation, the Website Content). We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, a Website or any component of a Website (including, without limitation, the Website Content) or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use a Website is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of our Website(s) and anything relating to or arising from such use. If you are dissatisfied with a Website or any component of a Website (including, without limitation, the Website Content), then your sole and exclusive remedy is to discontinue using our Website(s).
To the extent TERRAFORM translates this Agreement into other languages for your convenience or as required by applicable law, the English version governs your relationship with TERRAFORM, and any inconsistencies among the different versions will be resolved in favor of the English version.
If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
Questions? If you have any questions or concerns regarding our Website(s) or the terms and conditions of this Agreement, please reach out via our contact page.
2. What Personal Information do we Collect?
Personal information is information about an identifiable individual, such as your name, address, telephone number, email address, or payment information (“Personal Information”). We collect Personal Information when you voluntarily provide it through a Website, or when you provide it to us through other means. For example, we may collect Personal Information when you:
Provide us with information on our Website;
Create an account;
Use a Website to make a purchase; or
Otherwise provide us with Personal Information.
The Personal Information we may collect may include:
When you create an account, your first and last name; contact information, such as your address, telephone number, or e-mail address; your age; and your selected home location for your account;
If you choose to make a purchase, your payment information; and
Any other Personal Information that you voluntarily choose to submit to us or to a Website.
3. How does TERRAFORM Use and Disclose Personal Information?
Operate a Website in accordance with its terms and conditions,
Facilitate a purchase you choose to make using a Website, including facilitating payment for your purchase;
Notify you when an order you have made using a Website is ready for pick-up or delivery;
Respond to your questions or inquiries;
Conduct market research and surveys;
Conduct promotional activities, including contests, in association with a Website;
Improve our products, services and our Website(s);
Supply you with requested information;
Send you informational or promotional communications that you have agreed to receive;
Carry out other purposes that are disclosed to you and to which you consent; and/or
Carry out any other purpose permitted or required by law.
We reserve the right to transfer any Personal Information we have about you in the event that we merge with or are acquired by a third party or should any such transaction be proposed.
We may also use, or disclose your Personal Information to third parties if we have reason to believe that using or disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; (iii) investigate security breaches or cooperate with government authorities pursuant to a legal matter, for example, if we are subject to a subpoena, court order, or the information is requested by the police or another law enforcement entity; or (iv) to protect our rights, safety or property.
We may transfer your Personal Information to third party service providers that assist us with carrying out these purposes. For example, we use third party service providers to facilitate payments, and we may use a data processing contractor to operate computer systems on our behalf. We provide protection of personal information, which is required under PIPEDA.
When Personal Information is transferred to a such a third party service provider, that party will be contractually bound to use such Personal Information only to carry out the services we have requested, and to provide protection for the Personal Information.
4. How does TERRAFORM Collect Information through Technological Means?
When you visit a Website, we may collect information that is automatically sent to us by your web browser or your internet service provider. This information may include your domain name, and your numerical IP address. We may also collect other general information (such as the type of browser you use, which pages you view, and the files you request). We use this information to better understand how visitors use our Website(s), and to improve our Website(s)to better meet your needs. We use this information in the aggregate, and do not link it to your Personal Information. The amount of information that is sent by your web browser depends on the browser and settings you use. Please refer to the instructions provided by your browser if you want to learn more about what information it sends to websites you visit, or how you may change or restrict this.
To enhance your experience on our Website(s), we may use a feature on your Internet browser called a "cookie" and/or other similar devices. Cookies are small files that your web browser places on your computer's hard drive. They are used for a variety of reasons, such as tracking click streams, and for load balancing. Information tracked through these mechanisms may include but is not limited to: (i) your IP address; (ii) the type of web browser and operating system being used; and (iii) the pages of a Website each user visits, (iv) Facebook pixel, (v) Google conversion tag. By using cookies, we can deliver faster service, consistent, updated results, and a better experience on our Website(s). Your browser gives you the option to reject cookies. However, setting your browser to reject cookies generally hinders the browser's performance and will adversely affect your experience while using our Website(s).
5. How does TERRAFORM Protect Personal Information?
The security of your Personal Information is important to us. We take measures to help protect your Personal Information by maintaining physical, organizational and technological safeguards intended to help protect against unauthorized use, disclosure or access. Personal Information may only be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated above. Personal Information we collect is maintained at Dallas, Texas, USA. We retain Personal Information that we collect for as long as reasonably necessary to fulfill the purposes for which it was collected or to meet any legal requirements. We have retention standards which meet these requirements.
Although we have taken measures to help protect our Website(s), computer systems and any Personal Information that we have collected from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us. All third parties that obtain Personal Information from us (e.g. service providers that perform functions on our behalf) are required to protect your confidentiality and Personal Information in a manner consistent with this policy, and/or as required by law.
Some or all of the Personal Information we collect may be stored or processed on servers located outside your jurisdiction of residence, including in the United States, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the Personal Information.
6. Access, Erasure and Rectification
You have a right to request access to your Personal Information and to request a correction to it if you believe it is inaccurate. If you have submitted Personal Information to TERRAFORM and would like to have access to it, or if you would like to have it removed or corrected, please contact us using the contact form. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain Personal Information in certain circumstances, for example if it contains Personal Information of other persons, or for legal reasons. In such cases, we will provide you with a reasonable explanation of why it is not possible to grant access to your Personal Information.
7. Children and Parents
TERRAFORM does not knowingly collect Personal Information from children under the age of thirteen (13). If a child has already provided us with Personal Information, his or her parent or guardian may contact us for the purpose of deleting this information.
8. Third Party Websites
9. How to Contact Us
access Personal Information that you have already provided to us so that you can correct or update it, or request that it be deleted;
request the deletion of Personal Information regarding your minor child; and/or
Please advise us by contacting our Privacy Officer by writing to TERRAFORM, 13750 Chatham Street, Blue Island, IL, 60406 or reach out via the Technical + Other section of the contact page. You may also email us at [email protected]