The BlueWave family of companies (“BlueWave”) welcomes you to its online website (https://bluewavesolar.com/) and related sites (the "Website"). The following terms and conditions govern your use of the Website.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, VIEWING AND/OR USING THE CONTENT, MATERIAL OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THE WEBSITE FROM TIME TO TIME.

The BlueWave Privacy Policy (https://bluewavesolar.com/privacy-policy) is incorporated into these Terms and Conditions by reference, as if fully set forth herein. If you do not agree to these Terms and Conditions, or if you are under 18 years of age, you are not granted permission to use the Website and must exit immediately.

Unauthorized use of the Website and related BlueWave systems, including but not limited to unauthorized entry into BlueWave systems, misuse of passwords, or misuse of any information posted to the Website, is strictly prohibited.

Copyright Notices

The works of authorship contained in the Website, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by BlueWave. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without BlueWave’s prior written consent.

Digital Millennium Copyright Act

Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the BlueWave system should be promptly sent in the form of written communication to legal@bluewavesolar.com.

All claims must include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• you may not modify, translate, or create derivate works, adaptations or compilations of, or based on the Content or any part thereof, or use, copy, or reproduce any of the Content except as may be expressly permitted by these Terms and Conditions;

• you may not assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the Content;

• you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with BlueWave;

BlueWave will take appropriate action after receipt of such information to appropriately address the copyright issues raised, including, if necessary, removal of any infringing material.

Trademark Notices

The BlueWave name and logo are service-marks of BWC Holdings, LLC, a BlueWave company. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

Web Content and Materials

These Terms and Conditions govern the products, services, information, materials, graphics, arrangement, coding, design, text, sound and other items contained on the Website (collectively, the “Content”). Website Content may be provided by BlueWave or its licensors, or by you if you upload User Content as defined elsewhere in these Terms and Conditions. The Content may be changed by BlueWave at any time, and without notice to you. Any Content that appears on the Website with an “as of” date is considered to be published on the Website as of that date. BlueWave reserves the right to terminate any Content or the Website in its entirety at any time, without prior notice.

Your Use of the Website

The Website, and the products and services described on the Website, are intended for use by individuals who are at least 18 years old.

You may view and use the Content contained on the Website only for informational purposes or to apply for or obtain products and services offered by BlueWave. Any use of the Website or the Content in the furtherance of any commercial venture or enterprise by you is strictly prohibited. You may not use the Website for any illegal purpose or in violation of any local, state, national, or international law.

You agree not to attempt to access the Website or apply for BlueWave products or services from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Which countries are under sanctions may be found on the United States Department of the Treasury website. Any attempt to access the Website from such a country may result in your access being restricted or terminated.

Any attempt to reverse engineer, duplicate, spoof, disrupt, damage, corrupt, or destroy the Website or the Content is expressly prohibited. You agree that any use of scrapers, robots, or other data-gathering devices not provided by BlueWave through the Website is expressly prohibited. You agree not to interfere with the operation of the Website or any other party’s use or enjoyment of the Website by (among other things) uploading or disseminating any virus, adware, spyware, worm, or other malicious code, making any unsolicited offers or advertisements to another user of the Website, attempting to collect any data from a third party or another user of the Website without their consent, or otherwise interfering with or disrupting any network, equipment, or server connected to or used to provide the Website or BlueWave products or services. To the extent that any such attempts constitute a violation of criminal or civil law, BlueWave reserves the right to seek appropriate redress to the fullest extent available under applicable law.

You may not imply or otherwise represent that you are in any way affiliated with or endorsed by BlueWave without our express written permission.

In addition to other monitoring of the Website that is discussed in BlueWave Privacy Policy, your use of the Website may be monitored, tracked, and recorded for the purpose of ensuring your compliance with the requirements and limitations of these Terms and Conditions. By using the Website, you expressly consent to such monitoring, tracking, and recording.

Any unauthorized use of the Website or the Content is strictly prohibited. If BlueWave reasonably believes that you are using the Website or the Content for any unauthorized purpose, BlueWave may immediately restrict or terminate your ability to access and/or use the Website and the Content.

You agree that:

• in circumstances where the Website requires identification for processing your requests, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals; and
• you agree to defend, indemnify, and hold BlueWave and its shareholders, directors, officers, employees, agents, and independent contractors harmless from and against all claims and expenses, including attorney’s fees, arising out of your violation of these Terms and Conditions or your misuse of the Website, the Content, or any BlueWave products or services.

Your access to the Website may, from time to time, be unavailable, delayed, limited or slowed due to, among other things:

• Hardware failures, including (among other things), failures of computers (including your own), servers, networks, telecommunication lines and connections and other electronic and mechanical equipment.

• Software failures, including (among other things) bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls of screening programs, unreadable codes, or irregularities within Content;

• Overload of system capacity.

• The occurrence of one or more “force majeure” events, such as severe weather, earthquakes, wars, insurrection, riots, civil disobedience, strikes and/or work stoppages, accident, fire, water damage, explosions, mechanical breakdowns, natural disaster, or other acts of God.

• Power supply interruption or utility service interruption.

• Legal or governmental restrictions including (but not limited to) court rulings or orders, restrictions imposed by regulatory bodies, or other forms of human intervention.

• Any other cause that is beyond the control of BlueWave.

DISCLAIMER OF WARRANTIES

THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". BLUEWAVE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

Some states prohibit limitation of implied warranty rights. Check your own state law for additional rights.

LIMITATION OF LIABILITY

IN NO EVENT WILL BLUEWAVE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF BLUEWAVE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Some states prohibit limitation of remedies. Check your own state law for additional rights.

Additional Terms

Certain sections or pages on the Website may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Enforceability and Governing Law

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the enforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you may have entered into with BlueWave. Your access to and use of the Website, and the terms of this disclaimer are governed by the laws of the Commonwealth of Massachusetts. The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Links to Third Party Sites

The Website contains external hyperlinks to other Internet websites maintained by third parties over which BlueWave has no control. BlueWave provides these links to you only as a convenience. The appearance of external hyperlinks does not constitute endorsement by BlueWave of the linked websites, or the information, products or services contained therein. BlueWave’s inclusion of a link or hyperlink on the Website does not imply BlueWave’s endorsement, warranty, or guarantee of the linked website, nor does BlueWave accept any responsibility for the content, or the use, of any linked websites or any of the products, services or information described or offered at these linked websites. All of the data on products and services, including but not limited to, the prices and the availability of any service, product or product feature, should be verified with the company supplying the product or service and is subject to change without notice by the manufacturers and/or service providers. BlueWave specifically disclaims any and all liability for any damages, including without limitation, any special, indirect, incidental or consequential damages that may arise from information, content, or use of any linked websites.

If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. BlueWave makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that BlueWave or the Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of BlueWave and any of its affiliates or subsidiaries. All other trademarks, product names, and company names and logos appearing on this Website are the property of their respective owners. All rights reserved.

Miscellaneous:

These Terms and Conditions constitute the entire agreement between you and BlueWave relating to the Website, and supersede all prior contracts or agreements relating to the Website.

We may amend these Terms and Conditions at any time by modifying the existing provisions or by adding any new provisions and providing you with notice of the amendment. We may provide notice of an amendment to these Terms and Conditions by means of a letter, electronic mail message, a notice of the amendment posted on the Website, or other lawful means. Any amendment will be effective as of the date established by us in the amendment, subject to applicable law. The most recent date on which the Terms of Use was revised appears at the bottom of this document. If you access and/or use the Website following a revision of the Terms of Use document it constitutes your acceptance of and agreement to the Terms of Use as revised.

This agreement is not assignable, in whole or in part, by either party except by operation of law or as required by law.

The headings in this agreement are inserted for convenience and identification only, and are not intended to describe, interpret, define or limit the scope or intent of this agreement or any clause hereof.

You agree not to interrupt or attempt to interrupt the operation of the website in any way. You understand that unauthorized access to restricted areas of the Website may be a criminal violation. You agree not to access such location(s), nor attempt to obtain or decrypt any passwords or other security protection associated with the Website. You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content provided to BlueWave. You agree to comply with rules and policies regarding use of the Website, as published from time to time. You agree that your use of the Website will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the Website. Possible evidence of use of the Website for illegal purposes will be provided to law enforcement authorities. You agree not to reverse engineer, reverse assemble, decompile, create derivative works, modify, or otherwise attempt to derive the source code of the Website or to copy (except as otherwise expressly permitted), modify or create derivative works of its content or any materials related to the Website.

Last Revised: March 23, 2021 / Effective Date: September 27, 2020

Effective date: February 18, 2019.