Terms of Use

Last Updated: September 17, 2021

Welcome, and thank you for your interest in Redaptive, Inc. and its affiliates (“Redaptive,” “we,” “our,” and/or “us”). These Terms of Use, together with Redaptive’s Privacy Policy (together, these “Terms”) are a legally binding contract between you and Redaptive regarding your use of our websites, including, but not limited to, our website at www.redaptive.com and the website of our subsidiary, International Electron, LLC, at www.electronbi.com (collectively, the “Sites”). PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THE SITES. By using the Sites, you acknowledge that you have read, understood, and agree to be bound by the Terms. If you are not eligible, or you do not agree to the Terms, then you do not have our permission to use the Sites.

  1. Sites Overview. The Sites provides background information regarding our products and services, which include facilitating the deployment of efficiency and internet of things technology.
  2. Eligibility. You must be at least 18 years of age to use the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Sites; and (c) your registration and your use of the Sites is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
  3. Limited License. Subject to these Terms, Redaptive grants you a limited, revocable license to access and use the Sites solely for internal business purposes to learn more about our products and services and to review and apply for job openings. No other use of the Sites is authorized.
  4. Restrictions. You must comply with all applicable laws when using the Sites. Except and solely to the extent such a restriction is impermissible under applicable law, you may not, and may not encourage or permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available through the Sites (the “Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Sites or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Sites; (d) use the Sites or Site Content for any purpose except for your own use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Sites; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Sites; (g) use the Sites in a manner that threatens the integrity, performance, or availability of the Sites; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Sites or Site Content.
  5. Feedback. If you choose to provide ideas, input, and suggestions regarding the Sites (“Feedback“), whether through your own initiative or a mechanism provided by Redaptive, then you hereby grant Redaptive an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, fully-transferable, worldwide, royalty-free right to exploit the Feedback in any manner and for any purpose.
  6. Ownership; Proprietary Rights. The Sites are owned and operated by Redaptive, Inc. We or our licensors retain all right, title, and interest in and to the Sites and the Site Content and any trademarks, logos, or service marks displayed on the Sites or in the Sites (“Marks”). The Sites, Site Content, and Marks are protected by intellectual property and other laws as well as international treaties. Except as expressly authorized by Redaptive, you may not make use of the Sites, Site Content, and Marks. Redaptive reserves all rights not granted expressly in these Terms.
  7. Links and Third Party Content. The Sites may contain links to third-party products, services, and websites. Redaptive exercises no control over the third-party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of, or reliance on, any goods or services available through the third-party products, services, and websites.

    Additionally, if you follow a link or otherwise navigate away from the Sites, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate to from the Sites.
  8. Modification of these Terms. We may periodically make changes to these Terms. When we do, we will update the “Last Updated” date above. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Sites after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  9. Modification of the Site. Redaptive reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Sites at any time without notice to you. Redaptive will have no liability to you or to any third party for any modification, suspension, or discontinuance of the Sites.
  10. Indemnity. You are responsible for your use of the Sites, and you will defend, indemnify, and hold harmless Redaptive and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Redaptive Entities”) from and against any claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your use of, or misuse of, the Sites or Site Content; (b) your violation of any portion of these Terms; or (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property or privacy right, through use of the Sites or Site Content. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  11. Disclaimers; No Warranties. THE SITES AND SITE CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. REDAPTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND SITE CONTENT, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. REDAPTIVE DOES NOT WARRANT THAT THE SITES OR ANY SITE CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND REDAPTIVE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SITES OR FROM REDAPTIVE OR ANY OF ITS AFFILIATES OR SUBSIDIARIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITES OR SITE CONTENT, AND YOU RELY ON THE SITES AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITES.HOWEVER, REDAPTIVE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT REDAPTIVE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
  12. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL REDAPTIVE OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITES OR SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REDAPTIVE OR ANY OF ITS AFFILIATES OR SUBSIDIARIES HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

    TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF REDAPTIVE AND EACH OF ITS AFFILIATES AND SUBSIDIARIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE THE SITES OR SITE CONTENT (INCLUDING WARRANTY CLAIMS) OR OTHERWISE UNDER THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

    EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 12 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  13. Entire Agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Redaptive regarding your use of the Sites. For the avoidance of doubt, execution of a separate written agreement is required for the purchase of our and our affiliates’ and subsidiaries’ products and services (“Redaptive Entity Products and Services”), and in no event will these Terms alone be deemed to govern the purchase of, or any access to or use of, any Redaptive Entity Products and Services, even if access thereto or use thereof is made available through the Sites or any website of our affiliates or subsidiaries. If you have purchased Redaptive Entity Products and Services directly from us or one of our affiliates or subsidiaries, please contact your sales representative for a copy of your agreement which governs your access to and use of such Redaptive Entity Products and Services. If you have purchased Redaptive Entity Products and Services through a reseller or other third party, then please contact us by emailing legal@redaptiveinc.com for a copy of the terms which govern your access to and use of such Redaptive Entity Products and Services.
  14. General Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
  15. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Redaptive each irrevocably submit to the personal and exclusive jurisdiction and venue of the state courts and federal courts located within San Francisco, California for resolution of any lawsuit or court proceeding arising out of or related to these Terms or your use of the Site. We operate the Site from our offices in California, and we make no representation that the Site is appropriate or available for use in other locations.
  16. Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
  17. Consent to Electronic Communications. By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
  18. Contact Information. The Site is offered by Redaptive, Inc., located at 340 Brannan Street, Suite 400, San Francisco, CA, 94107, (415) 413-0445. You may contact us by sending correspondence to that address or by emailing us at legal@redaptiveinc.com.
  19. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Sites or to receive further information regarding use of the Sites.
  20. International Use. The Sites are intended for visitors located within the United States. We make no representation that the Sites are appropriate or available for use outside of the United States. Access to the Sites from countries or territories or by individuals where such access is illegal is prohibited.