Thank you for selecting the Services offered by Dandelion Energy® Inc. and/or its subsidiaries and affiliates (referred to as "Dandelion Energy®", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and Dandelion Energy®. By accepting electronically (for example, clicking "Continue"), installing, accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
This Agreement describes the terms governing your use of the Dandelion Energy® online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
- Dandelion Energy' Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES
The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Dandelion Energy®. Dandelion Energy® reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Dandelion Energy® grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
- Access the Service through an automated program, application, service or tool with the exception of permitted third-party integrations.
- Programmatically automate the manipulation or use of the Service.
For Services offered on a payment or subscription basis, the following terms apply if you are the User paying for the Services, unless Dandelion Energy® or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
- Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- You must pay with one of the following:
- A valid credit card acceptable to Dandelion Energy®;
- A valid debit card acceptable to Dandelion Energy®;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option Dandelion Energy® provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- Dandelion Energy® will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, the Internet, and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
Dandelion Energy MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
- THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. YOUR PERSONAL INFORMATION
You can view Dandelion Energy' Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Dandelion Energy® Privacy Statement, and any changes published by Dandelion Energy®. You agree that Dandelion Energy® may use and maintain your data according to the Dandelion Energy® Privacy Statement, as part of the Services. You give Dandelion Energy® permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other Dandelion Energy® services. For example, this means that Dandelion Energy® may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users.
6.1 You are responsible for your content.
You are responsible for all materials, data, and personal information ("Content") uploaded, posted or stored through your use of the Services. You grant Dandelion Energy® a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. Dandelion Energy® is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
- Except as permitted by Dandelion Energy® in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.2 Community Forums.
The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public ("Community Forum"). Dandelion Energy® does not support and is not responsible for the content in these Community Forums. Please use respect when you interact with other users in a Community Forum. Do not reveal confidential or other information that you do not want to make public. Users may post hypertext links to content of third parties for which Dandelion Energy® is not responsible.
6.3 Dandelion Energy® may freely use feedback you provide.
You agree that Dandelion Energy® may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Dandelion Energy® a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Dandelion Energy® in any way.
6.4 Dandelion Energy® may monitor your Content.
Dandelion Energy® may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Dandelion Energy® or its customers, or operate the Services properly. Dandelion Energy®, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1 Professional Advice
Dandelion Energy® does not give professional advice. Unless specifically included with the Services, Dandelion Energy® is not in the business of providing engineering, legal, financial, accounting, tax, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 Other Services
We may tell you about other Dandelion Energy® services. You may be offered other services, products, or promotions by Dandelion Energy® ("Dandelion Energy® Services"). Additional terms and conditions and fees may apply. With some Dandelion Energy® Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Dandelion Energy® permission to use information about your business and experience to help us to provide the Dandelion Energy® Services to you and to enhance the Services. You grant Dandelion Energy® permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Dandelion Energy® permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
Dandelion Energy® may be required by law to send you communications about the Services or third party products. You agree that Dandelion Energy® may send these communications to you via email or by posting them on our websites.
7.4 Passwords & Updates
You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Dandelion Energy® if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
7.5 Links to Third Party Sites
Links that let you leave Dandelion Energy' site are not under the control of Dandelion Energy®. Dandelion Energy® is not responsible for the content of any linked site or any link contained in a linked site, or changes or updates to linked sites. Dandelion Energy® is providing these links as a convenience to you and the inclusion of any link does not imply endorsement by Dandelion Energy® of the linked site.
8. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Dandelion Energy, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. Dandelion Energy AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
Dandelion Energy, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
9. LIMITATION OF LIABILITY AND INDEMNITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF Dandelion Energy, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE BILLING PERIOD PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, Dandelion Energy, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING:
- INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES;
- DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET Dandelion Energy SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF Dandelion Energy AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF Dandelion Energy, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Dandelion Energy® and its affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). Dandelion Energy® reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Dandelion Energy® in the defense of any Claims.
We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
Dandelion Energy® may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Dandelion Energy' rights to any payments due to it. Dandelion Energy® may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
12. EXPORT RESTRICTIONS
You acknowledge that the Services and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW
South Dakota state law governs this Agreement without regard to its conflicts of laws provisions. Any claim, controversy or litigation shall only be commenced in the Circuit Court of Brookings County, State of South Dakota, or the U.S. District Court for the Southern District of South Dakota in Sioux Falls, South Dakota.
This Agreement, including the Additional Terms below, is the entire agreement between you and Dandelion Energy® and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Dandelion Energy®. However, Dandelion Energy® may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by Dandelion Energy® or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Dandelion Energy® via an email to: email@example.com.
ADDITIONAL TERMS AND CONDITIONS FOR LOOPLINK RLC
Your use of the following Services provided by Dandelion Energy® are subject to the General Terms of Service above and these Additional Terms and Conditions. These Additional Terms and Conditions will prevail over any conflict or inconsistency with the General Terms of Service.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorized representative, in which case the terms "you" or "your" will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorized representative.
Each of the following products and services are referred to in this Agreement as a "Service" and together as the "Services": LoopLink® RLC.
LoopLink® RLC ("RLC") is a component service of LoopLink®. RLC is an online solution that assists in residential geothermal heat pump system design.
1.1 Modification to Services
We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the email address associated with your account. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide you with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
2. PROJECT ACCESS
2.1 Technical Support Access
Dandelion Energy® technical support providers are capable of viewing any and all projects in the system in read-only mode. This is a product support feature only. Dandelion Energy® staff cannot and will not modify a user project directly.
3.1 Payment for Services
The Services are currently licensed for use without charge. Dandelion Energy® reserves the right to change this policy at any time.
3.2 Subscription Cancellation
You may cancel your subscription at any time. Dandelion Energy® may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, Dandelion Energy® has fulfilled your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as Dandelion Energy® is not responsible for providing you with unrestricted access to your Content or the Services after any cancellation or termination of this Agreement.
4. ACCOUNT FEATURES
4.2 Beta Features
From time to time, we may include new or updated beta features in the Services ("Beta Features"). Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features. We understand that your use of any Beta Feature is voluntary. You understand that once you use a Beta Feature, you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version. The Beta Features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Feature is at your sole risk.
4.3 Add-Ons & Integrations
Features, tools and integrated services that compliment ("Add-Ons & Integrations") but are not part of the core Service may be made available within this service. These Add-Ons & Integrations may require additional payments and terms/conditions of use not included within this agreement. Subscription to this Service does not entitle you to access or use of any Add-Ons & Integrations.
5.1 Personal Data
5.2 Public Content
As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data ("Account Content") with other Users, other Dandelion Energy® customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User's Account Content, you understand and agree that the Account Content is being provided by the User, and not Dandelion Energy®. Dandelion Energy® is not responsible in any way for your use of the Account Content.
6. OTHER PRODUCTS AND SERVICES
6.1 Third Party Products
By using these Services, you agree that we may market to you or offer you access to products or services from third parties ("Third Party Products"). If you decide to use or access any Third Party Products, you agree that you are solely responsible for your relationship with the provider of the product. Dandelion Energy® is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products. You agree that the providers of the Third Party Products, and not Dandelion Energy®, are solely responsible for their own actions or inactions. Dandelion Energy® is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of Dandelion Energy® or any other party or in furtherance of criminal, fraudulent or other unlawful activity.
6.2 Service Providers
We may use third parties in the operation of our Services or to perform any of our obligations in this Agreement (each a "Service Provider"). In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share a limited amount of your data or Content with such Service Provider. Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Services.
6.3 Physical Goods
Physical goods purchased through the Services that require delivery will be shipped within seven (7) business days from the date of order. If we are unable to supply you with the purchased item(s) within that time frame, we will attempt to contact you to disclose the circumstances and give you the opportunity to choose to wait for the item(s) or to cancel your order. If we are unable to contact you within seven (7) business days, your order will be cancelled and the purchase price refunded.
7. COMMUNICATION SERVICES
We may provide you with the opportunity to communicate with other Users within the Services, or with other third parties through the Services ("Communication Services"). You may choose whether or not you would like to use the Communication Services. You agree that you have received permission to communicate with any third parties who are not Users through the Communication Services, and that such third parties have agreed to Dandelion Energy' use and disclosure of data available in the Communication Services in accordance with this Agreement. Users who you communicate with may have access in the future to the data provided through the Communication Services, and you may not have the ability to restrict that access. Dandelion Energy' systems may extract certain data (e.g., numbers, names, or attachments) from the Communication Services and provide it to you in other parts of the Services.
8. MANUFACTURER VERSIONS
You may be accessing this service through a 'Manufacturer Version' ('MV') which is a customized version of the service offered separately by the Manufacturer contracting ("Manufacturer") for the MV. Manufacturer Versions do not constitute an endorsement by Dandelion Energy of the Manfucturer. Nor does the existence of a Manufacturer Version imply ownership or partnership between either Dandelion Energy and a Manufacturer.
8.1 Transferability of Accounts
Accounts can not be transferred between versions.
8.2 Multiple Accounts
Users may elect to hold accounts with as many versions of the service as they see fit. Each account is an independent billable unit containing projects and data that can not be traded or transferred between accounts.