Term Of Use
1. ACCEPTANCE OF TERMS
AU Optronics Corporation is hereinafter referred to as “AUO”, "we", "our" or "us" in the TOU owing to that AU Optronics Corporation is legally authorized to use the trademark, AUO.
By accessing and using this Monitoring Account or services, whether or not you register as a member, you accept and agree to be bound by the terms and provision of the TOU.
The TOU may be updated by AUO from time to time without notice to you.
2. MONITORING ACCOUNT
The Monitoring Account is a service provided by AUO for owners to participate in the creation of a database by the Monitoring Account for the prediction of energy production and financial estimates of the installed AUO solar power system of the owners.
The Monitoring Account, once created, will be used by AUO and shared with the installer or retailer the owner purchased the AUO solar power system from, the distributor of the aforesaid power system and the troubleshooting service provider, who all need to know such information to perform efficient and reliable maintenance and troubleshooting services for the installed solar power system of the owner.
3. REGISTRATION OBLIGATIONS
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Monitoring Account's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or AUO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AUO has the right to suspend or terminate your account and refuse any and all current or future use of the Monitoring Account (or any portion thereof).
(1) the transfer of this information to the Republic of China and/or other countries for storage, processing and use by AUO and its affiliates; and
(2) sharing with the installer or retailer the owner purchased the AUO solar power system from, the distributor of the aforesaid power system and the troubleshooting service providers, who all need to know such information to perform efficient and reliable maintenance and troubleshooting service for the installed solar power system of the owner.
5. MEMBER ACCOUNT AND PASSWORD
You will receive a default password upon completing the Monitoring Account's registration process.
You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify AUO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
AUO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
6. MEMBER CONDUCT
You understand that all information, data, text, software, graphics, photographs, videos, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated.
This means that you, not AUO, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Monitoring Account.
AUO does not control the Content posted via the Monitoring Account and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Under no circumstances will AUO be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Monitoring Account.
You agree to not use the Monitoring Account to:
(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, AUO and its director, officer, employee, representative or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Monitoring Account;
(e) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(g) upload, post, email, transmit or otherwise make available any material that contains software viruses 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;
(h) interfere with or disrupt the Monitoring Account or servers or networks connected to the Monitoring Account, or disobey any requirements, procedures, policies or regulations of networks connected to the Monitoring Account, including using any device, software or routine to bypass our robot exclusion headers;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
AUO and its designees will not alter, amend, change or modify any Content submitted to AUO by you or any third party. You acknowledge that AUO may or may not pre-screen Content, but that BenQ Solar and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Monitoring Account. Without limiting the foregoing, AUO and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by AUO or submitted to BenQ Solar.
You acknowledge, consent and agree that AUO may access and preserve your account information and Content if required to do so by law or in a good faith belief that such access preservation is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of BenQ Solar, its users and the public.
You understand that the Monitoring Account and software embodied within the Monitoring Account may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by AUO and/or content providers who provide content to the Monitoring Account. You may not attempt to override or circumvent any of the usage rules embedded into the Monitoring Account. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Monitoring Account, in whole or in part, is strictly prohibited.
7. CONTENT ON THE MONITORING ACCOUNT
AUO does not claim ownership of Content you submit or make available for inclusion on the Monitoring Account. However, with respect to Content you submit or make available for inclusion in the Monitoring Account, you grant AUO the following worldwide, royalty-free and non-exclusive license(s), to use, distribute, reproduce, modify, adapt, perform and display such Content on the Monitoring Account solely for the purpose for which such Content was submitted or made available. This license exists as long as you elect to continue to include such Content on the Monitoring Account and will terminate at the time you remove or AUO removes such Content from the Monitoring Account.
You agree to indemnify and hold AUO and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Monitoring Account, your use of the Monitoring Account, your connection to the Monitoring Account, your violation of the TOU, or your violation of any other right of AUO and its affiliates.
9. NO COMMERCIAL REUSE OF THE MONITORING ACCOUNT
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Monitoring Account (including Content, Software and your ID).
10. MODIFICATIONS TO THE MONITORING ACCOUNT
AUO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Monitoring Account (or any part thereof) with or without notice. You agree that AUO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Monitoring Account (or any part thereof).
You may terminate your Monitoring Account by submitting such prior written termination request to AUO.
You agree that AUO may, without prior notice, immediately terminate, limit your access to or suspend your Monitoring Account. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Monitoring Account (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, and/or (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in AUO's sole discretion and that AUO shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Monitoring Account.
Termination of your Monitoring Account includes any or all of the following: (a) removal of access to all or part of the offerings within the Monitoring Account, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Monitoring Account.
12. EXTERNAL LINKS
The Monitoring Account may provide, or third parties may provide, links to other World Wide Websites or resources. You acknowledge and agree that AUO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that AUO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Monitoring Account available on or through any such site or resource.
13. AUO PROPRIETARY RIGHTS
You acknowledge and agree that the Monitoring Account and any necessary software used in connection with the Monitoring Account ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in the Monitoring Account or information presented to you through the Monitoring Account is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by AUO or the applicable licensor (such as other members), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Monitoring Account, such Content or the Software, in whole or in part.
AUO grants you a personal, non-transferable and non-exclusive right and license to use its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Monitoring Account. You agree not to access the Monitoring Account by any means other than through the interface that is provided by AUO for use in accessing the Monitoring Account.
14.DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE MONITORING ACCOUNT AND SOFTWARE ARE AT YOUR SOLE RISK. THE MONITORING ACCOUNT AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) AUO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) ANY CONTENTS OR OTHER INFORMATION OR MATERIALS PROVIDED TO YOU BY ANY THIRD PARTY, EITHER DIRECTLY OR THROUGH THE MONITORING ACCOUNT OR AUO, ARE ACCURATE AND RELIABLE; (ii) THE MONITORING ACCOUNT OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (iii) THE MONITORING ACCOUNT OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MONITORING ACCOUNT OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE MONITORING ACCOUNT OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MONITORING ACCOUNT OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUO OR THROUGH OR FROM THE MONITORING ACCOUNT OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU. YOU UNDERSTAND THAT THE FIGURES OF POWER OUTPUT INFORMATION OR FINANCIAL ESTIMATES SHOWN ON AUO SOLAR WEB PORTAL MONITORING ACCOUNT ONLY PROVIDE GOOD PREDICTIONS FOR YOUR ENERGY PRODUCTION. ACTUAL ELECTRICITY GENERATED FROM YOUR SYSTEM WILL NEED TO BE REFERRED TO THE UTILITY BILLS OF YOUR SYSTEM.
15. LIMITATION OF LIABILITY
(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT AUO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AUO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MONITORING ACCOUNT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MONITORING ACCOUNT; OR (v) ANY OTHER MATTER RELATING TO THE MONITORING ACCOUNT.
(b) BENQ SOLAR WILL EXERCISE ITS BEST COMMERCIAL EFFORTS TO SOLVE ANY ISSUE OF AUO WEB PORTAL, INCLUDING BUT NOT LIMITED TO ANY FUNCTIONAL MISTAKES OR DISCONNECTED SERVICES RESULTING FROM THE INTERRUPTION OF INTERNET CONNECTION PROVIDED BY LOCAL INTERNET SERVICE PROVIDER COMPANY OR MALICIOUS INVASION FROM EXTERNAL HACKERS; HOWEVER, AUO WILL NOT BE RESPONSIBLE TO THE OWNER FOR ANY, DIRECT OR INDIRECT, CLAIM, DAMAGES, LOSS, LIABILITY, CHARGE, FEE, EXPENSE, OR COST OF ANY KIND ARISING THEREFROM OR IN CONNECTION THERETO.
16. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.
AUO may provide you with notices, including those related changes to the TOU, including by but not limited to email, regular mail, postings on the Monitoring Account, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOU by accessing the Monitoring Account in an unauthorized manner. Your agreement to this TOU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Monitoring Account in an authorized manner.
You agree that all of AU Optronics Corporation’s trademarks, trade names, service marks and other logos and brand features, and product and service names owned or controlled by AU Optronics corporation are trademarks and the property of AU Optronics Corporation (collectively referred to as the "AUO Marks"). Without AUO's prior written permission, you agree not to display or use the AUO Marks in any manner.
19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
AUO respects the intellectual property of others, and we ask our users to do the same. AUO may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at: firstname.lastname@example.org or https://event.auo.com/en-global/Privacy_Statement/index
Entire Agreement. The TOU constitutes the entire agreement between you and AUO and governs your use of the Monitoring Account, superseding any prior version of this TOU between you and AUO with respect to the Monitoring Account.
Choice of Law and Forum. You and AUO each agree that the TOU and the relationship between the parties shall be governed by the laws of the Republic of China (Taiwan) without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOU, or the relationship between you and AUO, shall be brought exclusively in the Taiwan Hsinchu District Court. You and AUO agree to submit to the personal jurisdiction of the Taiwan Hsinchu District Court, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of AUO to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your AUO Web Portal Monitoring Account is non-transferable and any rights to your Monitoring Account or contents within your Monitoring Account terminate upon your de-registration (in case of a corporation) or death (in case of an individual), as the case may be.
The headings in the TOU are for convenience only and have no legal or contractual effect.
Last updated Jun 16th, 2018.