Unauthorized use of Ygrene Energy Fund (“Ygrene”) Systems, including but not limited to unauthorized entry into Ygrene’s Systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
You acknowledge that Ygrene may disclose and transfer any information that you provide through this System to (i) any Ygrene affiliated company, its agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this System you agree to such transfers. Use of this System, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using this System expressly consents to such monitoring, tracking and recording.
If you use Ygrene’s Systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in Ygrene’s Systems, you shall indemnify, defend, and hold harmless Ygrene and all of its direct and indirect subsidiaries, officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Any exercise by Ygrene of its rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing data through Ygrene’s Systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise. This indemnity includes but is not limited to losses associated with (1) a data breach of your system(s) and (2) a data breach of the system(s) of any person or entity with whom you provided or shared Ygrene customer account data.
The works of authorship contained in the https://ygrene.com website and all other Ygrene Systems, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Ygrene or one of its subsidiaries. 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 Ygrene’s prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Ygrene’s proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
“Ygrene” is the marketing name for the PACE financial services activities of Ygrene Energy Fund Inc. and its subsidiaries and affiliates in the United States. 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
The information in Ygrene’s Systems is for information purposes only. It is believed to be reliable, but Ygrene does not warrant its completeness, timeliness or accuracy. The information on the Systems is not intended as an offer or solicitation for the purchase of Ygrene stock, any other security or any financial instrument.
You agree that (i) you will not engage in any activities related to the Systems that are contrary to applicable law, regulation or the terms of any agreements you may have with Ygrene, and (ii) in circumstances where locations of the Systems require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
YGRENE OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND YGRENE DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. YGRENE RESERVES THE RIGHT TO TERMINATE ANY OR ALL SYSTEM OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS SYSTEM AND INFORMATION, PRODUCTS OR SERVICES VIA THIS SYSTEM, NO DISTRIBUTION OR SOLICITATION IS MADE BY YGRENE TO ANY PERSON TO USE THE SYSTEM OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE SYSTEM AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
Potential Disruption of Service
Access to the Systems may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
- Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- Overload of system capacities;
- Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- Interruption (whether partial or total) of power supplies or other utility of service;
- strike or other stoppage (whether partial or total) of labor;
- Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; and
- Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Ygrene.
Links to Other Sites
Links to non-Ygrene websites are provided solely as pointers to information on topics that may be useful to the websites, and Ygrene has no control over the content on such non-Ygrene websites. If you choose to link to a website not controlled by Ygrene, Ygrene makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does Ygrene warrant that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. Ygrene does not guarantee the authenticity of documents on the Internet. Links to non-Ygrene sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.
LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SYSTEMS (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON ANY YGRENE WEBSITE) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YGRENE AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SYSTEMS. YGRENE AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SYSTEMS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON–INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, YGRENE WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS SYSTEMS, OR FOR THE INCOMPATIBILITY BETWEEN THIS YGRENE’S SYSTEMS AND FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL YGRENE BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND YGRENE’S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING YGRENE’S RESPONSIBILITIES AND OBLIGATIONS TO ITS CUSTOMERS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL YGRENE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SYSTEMS OR ANY PORTION THEREOF, REGARDLESS OF WHETHER YGRENE HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Enforceability and Governing Law
Revision Date: 6/13/2019