Terms of Service and Privacy Policy

Terms of Service (last updated: November 11, 2016)

The following terms and conditions govern all use of the nextpowercapital.com website, including any subdomain of nextpowercapital.com, and all content, services and products (individually a “Service”, collectively “Services”) available at or through the website (taken together, the “Website”) and accessed by a user of the Website, including a user that is acting on behalf of a business or other entity (“User”, “you”, “yourself”, or “your”). The Website is owned and operated by NEXTPOWER CAPITAL LLC and its affiliates ("NextPower Capital"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, NextPower Capital's Privacy Policy) and procedures that may be published from time to time on this Site by NextPower Capital (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you, on behalf of yourself and the business or other entity that you represent, agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by NextPower Capital, acceptance is expressly limited to these terms. To the extent there is a difference between the Agreement and any other agreement that you enter into related to Services on the Website, then the other agreement will supersede the Agreement for such Services. The Website is available only to individuals who are at least 18 years old.

Your nextpowercapital.com Account. If you have an account on the Website (“User Account”), you are responsible for maintaining the security of your User Account and User Account login credentials, and you are fully responsible for all activities that occur under the User Account. You must immediately notify NextPower Capital of any unauthorized uses of your User Account or any other breaches of security. NextPower Capital will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Account Users.
- If you use, post, or upload material to the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By using the Website in any manner, you represent and warrant that:
  - The information that you provide about yourself, the business you represent, any other entity that you represent, the individuals at a business or entity that you represent, your customers, or your partners is true, accurate, and complete and you will update the information when changes to the information occur.
  - the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  - Your use of the Website is for the sole purpose of acting on behalf of a business or other entity and is not being used for personal, consumer or individual purposes of any kind.
  - In your capacity of representing a business, you are duly authorized to represent the business in the capacity of using the Services and the business you are representing is validly formed and in good standing, provided however that if you are entering information about a customer or potential customer, you will not be deemed to be representing that customer for purposes the preceding sentence.
  - You individually, and on behalf of the business or other entity that you represent, agree to the Agreement.
  - if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  - you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  - the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  - the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  - the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and
  - you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by NextPower Capital or otherwise.
  - You will not collect information from the Website by means of automation or scripts and you will not access the Website in a way that may overly burden the web servers that host the Website.
- By submitting Content to NextPower Capital for inclusion on the Website, you grant NextPower Capital a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content connected to your use of the Website and any services provided by NextPower Capital, subject to the terms of our Privacy Policy.
- Without limiting any of those representations or warranties, NextPower Capital has the right (though not the obligation) to, in NextPower Capital's sole discretion (i) refuse or remove any content that, in NextPower Capital's reasonable opinion, violates any NextPower Capital policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in NextPower Capital's sole discretion. NextPower Capital will have no obligation to provide a refund of any amounts previously paid.
Electronic Communication and Signatures
- You agree to receive all communications (including disclosures) and documents (including all forms of contracts) electronically, whether from NextPower Capital or sent on behalf of our partners or affiliates.
- You agree to using electronic signatures and further agree that your electronic signature is binding upon you in your capacity of representing a business or other entity.
- You acknowledge that you are responsible for possessing the required hardware requirements to access the Website and that you are running the one of the three latest major releases of Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, or Apple Safari.
- If you no longer want to provide consent electronically, please contact us at the email address on the homepage of our Website.
Payment and Renewal.
- General Terms.
  By selecting a product or service, you agree to pay NextPower Capital the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
  Unless you notify NextPower Capital before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to NextPower Capital in writing.
Services.
- Fees; Payment. By signing up for a Services account you agree to pay NextPower Capital the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. NextPower Capital reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to NextPower Capital.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by NextPower Capital to respond within ten business days) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free nextpowercapital.com services. All support will be provided in accordance with NextPower Capital standard services practices, procedures and policies.
Responsibility of Website Visitors. NextPower Capital has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, NextPower Capital does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. NextPower Capital disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which nextpowercapital.com links, and that link to nextpowercapital.com. NextPower Capital does not have any control over those non-NextPower Capital websites and webpages, and is not responsible for their contents or their use. By linking to a non-NextPower Capital website or webpage, NextPower Capital does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. NextPower Capital disclaims any responsibility for any harm resulting from your use of non-NextPower Capital websites and webpages.
Copyright Infringement and DMCA Policy. As NextPower Capital asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by nextpowercapital.com violates your copyright, you are encouraged to notify NextPower Capital. NextPower Capital will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. NextPower Capital will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of NextPower Capital or others. In the case of such termination, NextPower Capital will have no obligation to provide a refund of any amounts previously paid to NextPower Capital.
Intellectual Property. This Agreement does not transfer from NextPower Capital to you any NextPower Capital or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NextPower Capital. NextPower Capital, nextpowercapital.com, the nextpowercapital.com logo, and all other trademarks, service marks, graphics and logos used in connection with nextpowercapital.com, or the Website are trademarks or registered trademarks of NextPower Capital or NextPower Capital's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any NextPower Capital or third-party trademarks.
Advertisements. NextPower Capital reserves the right to display advertisements on the Website unless you have purchased an ad-free account.
Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
Changes. NextPower Capital reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. NextPower Capital may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. NextPower Capital may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your nextpowercapital.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by NextPower Capital if you materially breach this Agreement and fail to cure such breach within thirty (30) days from NextPower Capital's notice to you thereof; provided that, NextPower Capital can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided "as is". NextPower Capital and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither NextPower Capital nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will NextPower Capital, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to NextPower Capital under this agreement during the twelve (12) month period prior to the cause of action. NextPower Capital shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the NextPower Capital Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless NextPower Capital, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between NextPower Capital and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NextPower Capital, or by the posting by NextPower Capital of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A. , excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NextPower Capital may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Privacy Policy (last updated: May 9, 2016)

NextPower Capital, Inc. ("NextPower Capital", "us", or "we") operates nextpowercapital.com and may operate other websites. It is NextPower Capital's policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, NextPower Capital collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. NextPower Capital's purpose in collecting non-personally identifying information is to:

Better understand how NextPower Capital's visitors use its website. From time to time, NextPower Capital may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Evaluate a business or other entity for the extension of credit or other forms of financing.
Qualify our partners for doing business with NextPower Capital.
Communicate with website users.
Confirm the identity of you or the business or other entity you represent.

NextPower Capital also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users. NextPower Capital only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the site.

Gathering of Personally-Identifying Information

Certain visitors to NextPower Capital's websites choose to interact with NextPower Capital in ways that require NextPower Capital to gather personally-identifying information. The amount and type of information that NextPower Capital gathers depends on the nature of the interaction. For example, we may ask visitors who sign up at nextpowercapital.com to provide a username and email address. Those who engage in transactions with NextPower Capital are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, NextPower Capital collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with NextPower Capital. NextPower Capital does not disclose personally-identifying information, except

to a specific contractor partner that is directly engaged with you in the sale or financing of an energy project,
to potential investors in your energy project,
to comply with the law, including a court order or the request of a governmental entity,
for purposes of raising corporate capital or executing a sale of NextPower Capital,
where NextPower Capital believes that such disclosure will protect our rights or the safety of anybody,
to identify potential fraud, or
as described below.

Website users can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

NextPower Capital may collect statistics about the behavior of visitors to its websites. NextPower Capital may display this information publicly or provide it to others. However, NextPower Capital does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

NextPower Capital discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on NextPower Capital's behalf or to provide services available at NextPower Capital's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using NextPower Capital's websites, you consent to the transfer of such information to them. NextPower Capital will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, NextPower Capital discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when NextPower Capital believes in good faith that disclosure is reasonably necessary to protect the property or rights of NextPower Capital, third parties or the public at large. If you are a registered user of an NextPower Capital website and have supplied your email address, NextPower Capital may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with NextPower Capital and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. NextPower Capital takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. NextPower Capital uses cookies to help NextPower Capital identify and track visitors, their usage of NextPower Capital website, and their website access preferences. NextPower Capital visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using NextPower Capital's websites, with the drawback that certain features of NextPower Capital's websites may not function properly without the aid of cookies.

Business Transfers

If NextPower Capital, or substantially all of its assets, were acquired, or in the unlikely event that NextPower Capital goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of NextPower Capital may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by NextPower Capital and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, NextPower Capital may change its Privacy Policy from time to time, and in NextPower Capital's sole discretion. NextPower Capital encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a nextpowercapital.com account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.