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Terms of Service

ANZA RE, LLC

Terms of Service

Last updated May 26, 2026

These Terms of Service (the “Terms”) constitute a legally binding agreement made between you and Anza RE, LLC (“Anza,” “we,” or “us”), concerning your access to and use of the Service (as defined below). The Service is offered subject to your acceptance of all terms and conditions set forth herein. These Terms relate to and govern our provision of the Anza Pulse Service and the Energy Storage DG Service, each as defined below. If you are purchasing a subscription to or otherwise accessing or using any other Anza product or service, please refer to the terms of service or other agreement referenced in your order form or at the point of online purchase.

PLEASE READ THESE TERMS CAREFULLY. BY CLICKING “I ACCEPT” OR BY ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS AND BY SUCH OTHER TERMS, CONDITIONS, POLICIES, AND DOCUMENTS THAT MAY BE INCORPORATED HEREIN BY REFERENCE, INCLUDING, WITHOUT LIMITATION, THE ANZA PRIVACY POLICY; (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE); AND (C) IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, REPRESENT AND WARRANT THAT YOU HAVE THE ORGANIZATIONAL AND LEGAL AUTHORITY TO ACCEPT THESE TERMS ON SUCH COMPANY’S OR OTHER ORGANIZATION’S BEHALF AND TO BIND SUCH COMPANY OR ORGANIZATION. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.

THESE TERMS MAY REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS, IN ACCORDANCE WITH THE TERMS OF SECTION 21 (DISPUTE RESOLUTION) BELOW.

ANZA MAY REFUSE ACCESS TO OR USE OF THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS. THESE TERMS ARE VOID WHERE PROHIBITED BY LAW, AND ANY RIGHTS TO ACCESS OR USE THE SERVICE ARE REVOKED IN SUCH JURISDICTIONS.

  1. DEFINITIONS. Capitalized terms not otherwise defined herein shall have the meanings set forth below:

“Energy Storage DG Service” means Anza’s online energy storage pricing and data platform, known as “Energy Storage DG,” including all features, Service Content, tools, applications, application program interfaces, widgets and other tools and services included on or available therethrough.

“Order” means (i) an order form executed by Subscriber and Anza and incorporating these Terms, or (ii) such online ordering process as may be permitted by Anza from time to time, including, without limitation, online registration or online check-out functionalities. Anza may choose not to accept Orders at its sole and absolute discretion, and all Orders accepted by Anza shall be subject to these Terms.

“Service” means Anza’s Anza Pulse Service and/or Energy Storage DG Service, as identified on the applicable Order.

“Service Content” means any data, information, materials, records, reports, documents, or other content provided or made available to you through the Service, including content obtained from third-party sources. 

“Anza Pulse Service” means Anza’s online solar pricing and data platform, known as “Anza Pulse,” including all features, Service Content, tools, applications, application program interfaces, widgets and other tools and services included on or available therethrough.  

2. SUBSCRIBERS AND AUTHORIZED USERS. As used herein, “you” means the natural person or entity that has agreed to be bound by these Terms, including, without limitation, (i) enterprises that purchase or otherwise register for access to the Service on a subscription or other basis (a “Subscriber”), and (ii) individual employees or representatives of a Subscriber who access or use the Service as an authorized user of such Subscriber (an “Authorized User”). Subscriber may, at any time and in its sole discretion, revoke or limit the access of any Authorized User to the Service. If, at any time, Subscriber ceases to classify an entity or individual as an Authorized User, all rights of such person or entity to access or use the Service shall immediately cease. If you are a Subscriber, you are responsible for all acts and omissions of your Authorized Users with respect to the Service, and for ensuring the compliance of your Authorized Users with the provisions of these Terms.

3. CHANGES TO THE TERMS. Anza reserves the right to modify or change these Terms, in whole or in part, at any time and in its sole discretion. Any modifications or changes to these Terms will be effective immediately upon posting to the Service, unless otherwise specified in the updated Terms. Your continued access to and use of the Service confirms your acceptance of these Terms and any changes or modifications made to these Terms. You should review these Terms and the Privacy Policy frequently and ensure you understand all terms, conditions, and policies applicable to your access to and use of the Service.

4. ACCESS TO THE SERVICE. Subject to your compliance with these Terms, Anza will provide you (and if you are a Subscriber, your Authorized Users) with access to and use of the Service during the applicable subscription term. The scope of your access to the Service shall be determined or otherwise limited by the terms of the applicable Subscription Plan (as defined herein) selected by Subscriber, as identified and described in an applicable Order, and such limitations and restrictions as may be set forth in Anza’s relevant user documentation. Anza may suspend or terminate your access to the Service or any component thereof at any time and for any reason, including if Anza determines you have violated these Terms. We may modify, discontinue, or replace the Service or any portion thereof from time to time in our sole discretion and without prior notice to you.

5. USER ACCOUNTS. In order to access and use the Service or certain features thereof, you may be required to establish one or more Anza profiles and user accounts (each, a “User Account”). You must provide true, accurate, current, and complete information as prompted by the applicable registration form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your User Account(s), regardless of who conducts those activities. You are responsible for maintaining the confidentiality of any user IDs, passwords and other credentials associated with your User Account(s), and you may not share your access credentials with any other individuals or permit any other individuals to access the Service through your User Account. You shall immediately notify Anza of any actual or suspected unauthorized access to or use of any of your User Accounts or any associated user IDs, passwords, or other credentials. You will cooperate fully with Anza and take all actions that Anza reasonably deems necessary to maintain or enhance the security of the Service or Anza’s computing systems and networks. Anza is not and shall not be deemed liable for any loss or damage to you or any third party arising from your failure to comply with this Section 5.

6. RESTRICTIONS. You agree to access and use the Service solely for your internal business purposes, in accordance with any Anza user documentation, and in accordance with all applicable laws. You shall not (and, if you are a Subscriber, shall ensure that your Authorized Users do not): (i) copy, reproduce, frame, mirror, modify, decompile, disassemble, create derivative works based on, or reverse engineer the Service or any associated software, data, materials, or Service Content (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (ii) provide any third parties with access to any of the Service (including, without limitation, any Service Content), or use any of the Service or Service Content for time sharing or similar purposes for the benefit of any third party; (iii) sell, resell, rent or lease the Service or any Service Content; (iv) remove any copyright or proprietary notices contained in the Service or any output thereof (including, without limitation, any Service Content); (v) breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure provided or used by the  Service; (vi) access the Service via any bot, web crawler or non-human user; (vii) access or use (or permit a third party to access or use) the Service or any Service Content for any unlawful purpose or for purposes of monitoring the availability, performance or functionality of the Service or for any other benchmarking or competitive purposes; (viii) attempt to gain unauthorized access to the Service or any related systems, software or networks; (ix) access the Service or Service Content in order to build a competitive product or service, or copy any features, functions or graphics of the Service; (x) overload or interfere with the proper function of the Service; (xi) use the Service to transmit viruses or malicious code; or (xii) make any use of, or take any other action with respect to, the Service or any component thereof (including, without limitation, any Service Content) in a manner that violates applicable law, any provision of these Terms, or any contractual obligations to third parties to which you are (or if you are an Authorized User, to which Subscriber is) bound. 

7. USER DATA.

a) Provision of User Data. In connection with and to facilitate your use of the Service, you may input, upload or otherwise submit certain information, data, materials, or other content to the Service (collectively, “User Data”). As between you and Anza, you are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all User Data. You will not, and if you are a Subscriber, you will ensure that any Authorized Users do not, input, upload, or otherwise submit, directly or indirectly, any User Data or other information, materials, or content that: (a) infringes the intellectual property rights, rights of privacy or publicity, or other proprietary rights of any third party; (b) violates any applicable law; or (c) contains any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. You acknowledge that the Service is not designed with security and access management for processing or storing any personal information that imposes specific data security obligations on Anza for the processing or storage of such data, including, without limitation, any “nonpublic personal information” as defined under the Gramm-Leach-Bliley Act, cardholder, payment card, or related information protected by the Payment Card Industry Data Security Standard, “protected health information” as defined under the Health and Insurance Portability and Accountability Act of 1996, “personal information” as defined under the California Consumer Privacy Act of 2018 (as amended), “personal data” as defined under the General Data Protection Regulation, or other information similar to any of the foregoing, however described, as defined under applicable law (each of the foregoing, “Prohibited Content”). You shall not, and if you are a Subscriber, you shall ensure that your Authorized Users do not, provide any Prohibited Content to, or upload or submit any Prohibited Data through, the Service. You are solely responsible for reviewing all User Data and you represent and warrant to Anza that no User Data constitutes or contains Prohibited Content. Anza makes no representations or warranties with respect to, and disclaims any responsibility or liability for, your User Data, and you will indemnify Anza for any failure by you (and if you are a Subscriber, by any Authorized User) to comply with the requirements of this Section 7(a).

b) User-Generated Content. The Service is designed to allow users to analyze their own User Data  alongside curated Service Content to generate actionable insights and recommended paths forward. As between you and Anza, you are solely and exclusively responsible for your processing of User Data by means of the Service, for any products, results, insights, recommendations, or outputs generated by such processing (“User-Generated Content”), and for any use of or reliance on such User-Generated Content by you or any third party. Anza has no control over, and makes no representations or warranties with respect to, the availability, accuracy, quality, or reliability of any User Data or User-Generated Content generated through use of the Service, and Anza shall not have any responsibility or liability to you or any third party with respect to the same. As between you and Anza, you are solely and exclusively responsible for any User-Generated Content you create and for your use thereof, and for determining the legality, appropriateness, and suitability of the User-Generated Content, both independently and in the context of your intended use.

c) Data Storage. You agree and acknowledge that Anza is not a provider of data back-up, archiving, or data retention services. As between you and Anza, you are solely and exclusively responsible for the backing up, archiving, and retaining of all User Data, User-Generated Content, and any other of your information, data, or materials. Anza does not make any representations, warranties or guarantees that any User Data, User-Generated Content, or other of your information, data or materials will not be lost, altered, destroyed, damaged, or corrupted. ANZA HAS NO OBLIGATION OR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, ALTERATION, DESTRUCTION, DAMAGE, CORRUPTION, OR RECOVERY OF ANY USER DATA, USER-GENERATED CONTENT, OR OTHER OF YOUR INFORMATION, DATA, OR MATERIALS THROUGH OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

8. SERVICE CONTENT.

a) Provision of Service Content. In connection with your access to and use of the Service, you may be provided with access to certain Service Content. Service Content may not be accessible at all times or in all geographic locations. You acknowledge that Service Content may be obtained from or based on data and information received from third-party sources, and accordingly, Anza makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, with respect to the Service Content, including any warranties of accuracy, completeness, merchantability, fitness for a particular purpose, title, non-infringement, or that the Service Content will be error-free or suitable for your intended use. You use all Service Content at your own risk. Anza and its licensors reserve the right to change, suspend, remove, or disable access to any Service Content at any time without notice and without liability to you.

b) Content Terms. The Service Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the applicable third-party provider. Without limiting any other obligations hereunder, you agree to comply with all such terms of use, licenses, or other restrictions with respect to the Service Content that are presented to you through the Service (“Content Terms”). Additionally, except where otherwise expressly set forth in the applicable Content Terms, you agree and acknowledge that: (i) you receive no ownership or other rights in or to the Service Content by virtue of your use of the Service, other than the limited use rights set forth herein; and (ii) you may not extract or distribute, commercially or otherwise, any Service Content contained in or made accessible to you through the Service. You agree to indemnify and hold Anza harmless from and against any costs, losses, or liability arising in any way from your breach of any Content Terms, applicable law, or any other restrictions or obligations set forth herein with respect to Service Content.

c) Restrictions on Use. You understand and acknowledge that the Service Content is provided solely for Subscriber’s internal business purposes. Except as expressly permitted in writing by Anza, you shall not and shall not permit (and if you are a Subscriber, you will ensure that your Authorized Users do not, and do not permit) any third party to: (i) publish, distribute, display, disclose, transmit, or otherwise make the Service Content available to any third party; (ii) sell, sublicense, commercialize, resell, lease, or otherwise exploit the Service Content; (iii) use the Service Content to create, support, or enable any publicly available product, service, database, or analytics offering; (iv) copy, modify, scrape, aggregate, or create derivative works from the Service Content; or (v) use the Service Content for benchmarking, competitive analysis, or any purpose unrelated to Subscriber’s internal business operations.

d) Confidentiality. Without limiting your other obligations hereunder, you understand and acknowledge that all the Service Content, all Anza systems and methodologies used in providing the Service, all performance data and reports, and all content and materials contained in the Service (the “Anza Information”) are the confidential information of Anza. You agree (i) to hold all Anza Information in strict confidence using the same degree of care and protection you exercises with respect to your own confidential information, but in no event less than reasonable care, (ii) not to use the Anza Information except as permitted under these Terms, and (iii) not to directly or indirectly disclose, distribute, republish or allow any third party (other than Authorized Users, if you are a Subscriber) to have access to any Anza Information without Anza’s prior written consent.

e) Third Party Products and Services. The Service Content may reference, describe, compare, or otherwise relate to products, services, offerings, or materials provided by third parties. The inclusion of any such information in the Service or Service Content does not constitute or imply any endorsement, sponsorship, recommendation, affiliation, approval, verification, or certification by Anza of any third party or any third-party products or services. Anza does not manufacture, provide, control, test, monitor, or guarantee any third-party products or services referenced in the Service Content and assumes no responsibility or liability whatsoever for any third-party products, services, acts, omissions, policies, content, or materials, including the performance, availability, legality, safety, quality, accuracy, or suitability thereof. Any interactions, transactions, or dealings between you and any third party are solely between you and such third party, and you assume all risks arising from the use of or reliance on any third-party products or services, including any products or services to which the Service Content may relate.

f) Limitation on Reliance. You acknowledge and agree that the Service and Service Content are provided solely for general informational purposes and are not intended to constitute legal, financial, investment, business, operational, technical, or other professional advice or recommendations. You are solely responsible for evaluating the accuracy, completeness, and suitability of any Service Content or User-Generated Content and for all decisions, actions, and omissions taken in reliance on the Service, the Service Content, or any User-Generated Content. Anza shall have no liability arising from or relating to your use of or reliance on the Service or any Service Content or User-Generated Content, including any decisions made or actions taken based thereon. You further acknowledge that any reliance on the Service, Service Content, or User-Generated Content is at your sole risk.

9. TECHNICAL REQUIREMENTS. Your access to and use of the Service is dependent upon access to telecommunications and Internet services. You acknowledge that Anza is not responsible for acquiring or maintaining any telecommunications or Internet services or other hardware or software that you may need to access and use the Service or for any costs, fees, expenses, or taxes of any kind related to the foregoing.

10. TERM AND TERMINATION. These Terms shall remain in full force and effect while you use or have access to the Service. Anza may terminate or restrict your access to any or all of the Service or to your User Account for any reason, including, without limitation, if Anza determines that you have violated any provision of these Terms. Any termination of these Terms is without prejudice to any rights or obligations of the parties accrued up to and including the date of termination. Upon termination of these Terms, you will remain liable for any accrued charges and amounts due from you as of the date of such termination, if any, and shall immediately cease to use the Service. 

11. SUBSCRIPTIONS AND FEES. 

a) Subscription Plans. The Service is offered on a subscription basis and in accordance with the individual service plan selected by Subscriber and identified in the Order (a “Subscription Plan”). We may modify, terminate, or replace any Subscription Plan from time to time in our sole discretion and without prior notice; provided, however, that in the case of a paid subscription, any such modification, termination, or replacement shall not become effective as to you until the end of your (or if you are an Authorized User, your Subscriber’s) then-current subscription term. If you are an Authorized User, your rights to access and use the Service will terminate immediately upon the termination of Subscriber’s Subscription Plan.      

b) Free Trials. If you are a Subscriber, your access (and the access of your Authorized Users) to the Service pursuant to a Subscription Plan may be preceded by a free trial (a “Trial”). We reserve the right, in our sole discretion, to determine your eligibility for a Trial.  If you receive a Trial, you may only use those portions of the Service included in your Trial, only for the duration of that Trial, and only for the purpose of evaluating the desirability of purchasing a subscription to the Service. If you are a Subscriber, your Subscription Plan will automatically extend for the initial subscription term specified on the Order, and we will begin billing your Payment Method (as defined below) for subscription fees for the Subscription Plan, upon the expiration of your Trial unless you cancel in accordance with the provisions of Section 11(d) prior to the expiration of the Trial. You will not receive a notice from us that your Trial period has ended or that the paying portion of your Subscription Plan has begun. If YOU CANCEL IN ACCORDANCE WITH SECTION 11(D) PRIOR TO THE END OF YOUR TRIAL, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD.

c) Subscription Fees. If you are a Subscriber, you will pay to Anza all fees and other amounts applicable to the paid portion of your Subscription Plan. You must have a current and valid credit card, debit card, or other payment method acceptable to or as specified by Anza (a “Payment Method”) in order to register for the Service (including where your Subscription Plan commences with a Trial). By providing a Payment Method to Anza, you are expressly authorizing Anza to charge to your Payment Method all fees and other amounts applicable to your Subscription Plan at the applicable frequency and at the then-current rate, as posted as of the payment due date. Anza will bill all fees and other amounts applicable to your Subscription Plan to the Payment Method you provided at registration (or to a different Payment Method if you change your Payment Method information in your User Account or provide us with a different Payment Method at check-out). Please note that prices and fees (including Subscription Plan fees) are subject to change at any time upon posting. 

d) Subscription Cancellation. Except where otherwise set forth in the Order, any Subscription Plan purchased by Subscriber shall automatically renew following the initial subscription term for additional subscription terms of the same length unless the Subscription Plan is cancelled by Subscriber or terminated by us before the date of such renewal. If you are a Subscriber, you may cancel your Subscription Plan at any time through the cancellation function available within the Service; provided, however, that (i) to avoid renewal, you must elect to cancel at least thirty (30) days prior to the expiration of the then-current subscription term, and (ii) any cancellation of a paid Subscription Plan will not become effective until the expiration of your then-current subscription term and you will continue to have access to the Service during any period for which you have already paid. YOU MUST CANCEL YOUR SUBSCRIPTION PLAN AT LEAST THIRTY (30) DAYS BEFORE IT RENEWS FOR A RENEWAL PERIOD IN ORDER TO AVOID BILLING FOR THE RENEWAL PERIOD TO YOUR PAYMENT METHOD AT THE THEN-CURRENT PRICE. ANZA DOES NOT PROVIDE REFUNDS OR CREDITS FOR SUBSCRIPTION PLANS, INCLUDING FOR ANY PARTIALLY-USED SUBSCRIPTION TERMS. FOR THE AVOIDANCE OF DOUBT, ANY MID-TERM CANCELLATION OF YOUR SUBSCRIPTION PLAN WILL NOT RELIEVE YOU OF PAYMENT OBLIGATIONS WITH RESPECT TO THE REMAINDER OF ANY MINIMUM OR FIXED TERM TO WHICH YOU HAVE COMMITTED.

e) Taxes. The fees specified in these Terms or otherwise applicable to your use of the Service are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). You are responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Anza’s net income.

f) Promotions. Anza may offer from time to time promotions with respect to the Service that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 

12. PRIVACY. You acknowledge and agree that information collected by Anza is subject to our Privacy Policy. By accessing or using the Service in any manner, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

13. DATA SECURITY. Anza will use commercially reasonable efforts to maintain appropriate physical, administrative, and technical safeguards designed to protect against the unauthorized accessing, use, destruction, corruption, loss or alteration of User Data or User-Generated Content in a manner appropriate in light of the level of sensitivity of such data. Anza will use commercially reasonable efforts to promptly notify Subscriber of any material breach of security with respect to such party’s User Data or User-Generated Content in Anza’s control or possession.

14. INTELLECTUAL PROPERTY

a) Anza Intellectual Property. As between you and Anza, the Service and all Service Content (except to the extent owned by third parties), and all software and other technologies embodied in or used to provide the same, and all intellectual property rights therein or relating thereto, are and shall remain the exclusive property of Anza and its licensors. No rights are granted to you other than as expressly set forth herein.

b) User Intellectual Property. As between Subscriber and Anza, but subject to the rights granted in Section 14(c) hereof, Subscriber shall own all right, title and interest in and to your User Data and User-Generated Content. 

c) Aggregated Statistics. Anza may copy, store, index, analyze, create, compile and use (i) any usage patterns or data that arises from, or that Anza otherwise observes or tracks in connection with, your use of the Service, and (ii) anonymized and aggregated data derived from the operation or use of the Service (including, without limitation, User Data) and any User-Generated Content, conclusions, reports or other data resulting from analysis of such data (collectively, “Aggregated Statistics”). Notwithstanding anything to the contrary herein, you agree that Anza: (a) may use such Aggregated Statistics for its internal business purposes and for providing and improving its services and offerings generally; and (b) may freely share, publish or otherwise disseminate such Aggregated Statistics (i) to solar, battery storage and other equipment or software suppliers, (ii) in its marketing, sales and promotional materials, including but not limited to social media posts, case studies, website listings, investor presentations, and pitch materials, and/or (iii) to other Anza customers during their use of the Service, provided that, in each case, such Aggregated Statistics do not and cannot reasonably be used to identify Subscriber or any Authorized User. As between you and Anza, all right, title, and interest in the Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Anza.

d) Feedback. To the extent you provide Anza with any suggestions, feature requests, evaluation results, feedback, or other input in relation to any aspect of the Service (collectively, “Feedback”), you hereby assign and agree to assign to Anza all right, title and interest in and to such Feedback, including any intellectual property rights therein, and agree that Anza will be free to use such Feedback in any manner, including by implementing such Feedback in the Service and/or Anza’s other technologies, products and services, without compensation or other obligation to you.

15. DISCLAIMER OF WARRANTIES. THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ANZA HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT. NEITHER ANZA NOR ANY PERSON ASSOCIATED WITH ANZA MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY SERVICE CONTENT OR ANZA INFORMATION). WITHOUT LIMITING THE FOREGOING, NEITHER ANZA NOR ANYONE ASSOCIATED WITH ANZA REPRESENTS OR WARRANTS THAT THE SERVICE OR ANY RESULTS, DATA OR OUTPUTS ACCESSED OR AVAILABLE THERETHROUGH (INCLUDING, WITHOUT LIMITATION, ANY SERVICE CONTENT OR USER-GENERATED CONTENT) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY DATA, INFORMATION, OR RESULTS MADE AVAILABLE TO YOU OR ACCESSED BY YOU OR ON YOUR BEHALF IN CONNECTION THEREWITH (INCLUDING, WITHOUT LIMITATION, ANY SERVICE CONTENT, ANZA INFORMATION, OR USER-GENERATED CONTENT) WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. AS BETWEEN YOU AND ANZA, YOU ASSUME ALL RISK IN CONNECTION WITH YOUR USE OF, INTERPRETATION OF, AND RELIANCE ON THE SERVICE AND ALL CONTENT, RESULTS, AND OUTPUTS GENERATED THEREBY, AND ALL DATA AND INFORMATION AVAILABLE OR ACCESSIBLE THERETHROUGH (INCLUDING, WITHOUT LIMITATION, ALL SERVICE CONTENT AND USER-GENERATED CONTENT). ANZA DISCLAIMS ALL RESPONSIBILITY FOR, AND WILL HAVE NO LIABILITY WITH RESPECT TO, ANY USER DATA OR THE CONDUCT, DATA OR PRODUCTS OF THIRD PARTIES. ANZA SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR ANY SERVICE CONTENT OR PRODUCTS OR SERVICES PROVIDED BY ANY THIRD PARTY, OR FOR ANY LOSS, DAMAGE, OR OTHER ISSUE CAUSED BY THE UNAVAILABILITY, INCOMPLETENESS, OR INACCURACY OF THE SAME. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND FOR YOUR USE OR RELIANCE ON ANY SERVICE CONTENT AND/OR USER-GENERATED CONTENT, AND YOU ACCEPT ALL RISKS WITH RESPECT TO ANY ACTIONS YOU TAKE WITH RESPECT TO THE SAME.

16. INDEMNITY. You agree to indemnify, defend, and hold Anza and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) your (and if you are a Subscriber, any Authorized User’s) access to or use of the Service, (ii) your (and if you are a Subscriber, any Authorized User’s) violation of these Terms or applicable law; (iii) any claim that the User Data infringes, misappropriates, or otherwise violates the intellectual property rights or rights of privacy of any third party; (iv) any upload or submission of Prohibited Content to the Service by or by means of you or on your behalf (including, if you are a Subscriber, by means of your Authorized Users); and (v) your use (and if you are a Subscriber, use by any Authorized User) of any Service Content, User-Generated Content, or other data, materials, or information accessed by you or on your behalf through the Service. Anza reserves the right, at its own expense, to assume the exclusive defense and control of any action subject to indemnification under this Section, and in such event you agree to cooperate with Anza in defending such action.

17. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANZA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF ANZA IS FOUND LIABLE FOR ANY LOSS OR DAMAGE UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS, IN NO EVENT WILL ANZA’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO ANZA IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM. IF YOU ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE ALL ACCESS TO AND USE OF THE SERVICE.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages or other damages or liability, so the foregoing limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Anza shall be entitled to the maximum limitations on damages and liability available at law and equity in that particular circumstance.

You and Anza understand and agree that the disclaimers, exclusions, and limitations in this Section 17 and in Section 15 are essential elements of these Terms and that they represent a reasonable allocation of risk. In particular, you understand that Anza would be unable to make the Service available to you except on these terms and agree that these Terms will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

18. THIRD PARTY SERVICES. The Service may contain links to, utilize, integrate with, or allow you to access third party websites, applications and/or services (collectively, “Third Party Services”) that are not owned or controlled by Anza. When you access Third Party Services, directly or by means of the Service, you do so at your own risk. Anza encourages you to be aware when you leave the Anza website and/or the Service and to read the terms and conditions and privacy policy of each Third Party Service (collectively, “Third Party Terms”) that you visit or from which you access any product or service. Anza has no control over, and assumes no responsibility for, the content, accuracy, Third Party Terms, or practices of any Third Party Service. In addition, Anza will not and cannot monitor, verify, censor, or edit the content of any Third Party Service. When you visit or use any Third Party Service, directly or through the Service, you acknowledge that such Third Party Service is subject to the applicable Third Party Terms, and you release us from any liability arising from your use of such Third Party Service. You acknowledge that we are not responsible for such third parties or their products or services. Any such activities, and any Third Party Terms associated with such activities, are solely between you and the applicable third party.

19. OPERATION FROM THE UNITED STATES. The Service is hosted by servers located in the United States, and using the Service may be prohibited or restricted in certain other countries.  If you access or use any component of the Service from outside of the United States, you are responsible for complying with the laws and regulations of the applicable territory. Without limiting the foregoing, if you attempt to use the Service from a physical location in the European Union, United Kingdom, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Service, which is governed by U.S. law and these Terms (including the Anza Privacy Policy): (i) you are transferring your personal information to the United States; and (ii) you hereby consent to such transfer, to the application of the laws of the United States and the State of California with respect to any dispute arising from or related to the Privacy Policy and your use of the Service, and, except as otherwise set forth in Section 21 below, to the exclusive jurisdiction of the courts of the United States and the State of California.

20. DIGITAL MILLENNIUM COPYRIGHT ACT. Anza is committed to respecting and protecting the legal rights of copyright owners in accordance with the Digital Millennium Copyright Act (Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.)).  If you believe any content infringes your intellectual property rights, please submit a notice to us describing such infringement (a “DMCA Takedown Notice”) with 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 online site are covered by a single notification, a representative list of such works;
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, email address;
  • A statement that you have 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, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any DMCA Takedown Notice should be sent to: legal@anzarenewables.com.  You acknowledge that for Anza to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.

21. DISPUTE RESOLUTION.

Please read this Section carefully.  It impacts the rights that you may otherwise have.  It provides for resolution of most disputes through individual arbitration instead of trial courts and class actions.  This “Dispute Resolution” section survives any expiration or earlier termination of these Terms.

Informal Dispute Resolution. As a condition precedent which must be satisfied prior to initiating any arbitration or other action against the other party, both you and Anza agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to the Service, or the breach, enforcement, interpretation, or validity of these Terms (“Claim”), the party asserting the Claim must first try in good faith to settle such Claim by providing written notice, by first class or registered mail, to the other party describing the facts and circumstances (including any supporting documentation) of the Claim. The party asserting the Claim must allow the receiving party 30 days in which to respond to or settle the Claim.  

For purposes of this Section, notices must be sent as follows:

  • If to Anza: to Anza RE, LLC, Attn: Legal/Compliance, 1440 Broadway, Suite 200 #1100, Oakland, CA 94612, with a copy emailed to legal@anzarenewables.com.
  • If to you: to any address listed in or associated with your User Account or that you otherwise submit to us through your use of the Service.

Arbitration. To the extent you cannot resolve any Claim through the informal dispute resolution procedure set forth above, and except as otherwise set forth herein, a Claim must be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under these Terms and with respect to any Claim. You and Anza each expressly delegate to the arbitrator the authority to determine the arbitrability of any Claim, including the scope, applicability, validity, and enforceability of this arbitration provision.

To begin an arbitration proceeding, you must send a written request to Anza at: Anza RE, LLC, Attn: Legal/Compliance, 1440 Broadway, Suite 200 #1100, Oakland, CA 94612, with a copy emailed to legal@anzarenewables.com. You agree that the arbitration will be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In accordance with the AAA Rules, you must also send a copy of your written demand for arbitration to AAA when submitting your request to Anza. In the event that the AAA is unable or unwilling to initiate arbitration within fourteen (14) days of receiving a demand for arbitration, arbitration may be conducted by JAMS, Inc. (in accordance with its Streamlined Arbitration Rules & Procedures) or by any other mutually agreeable arbitration administration service. You and Anza each agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will not be governed by state law. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor Anza may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

In lieu of arbitration, and notwithstanding anything in this section to the contrary, either you or Anza may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, but only if it is brought and maintained as an individual claim. Additionally, and notwithstanding anything herein to the contrary, nothing in this section shall prohibit you or Anza from seeking temporary injunctive relief in a court of competent jurisdiction to prevent an imminent or stop an actual breach of these Terms.

Class Action and Jury Waiver. You and Anza each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and Anza that this class action waiver is unenforceable, the arbitration agreement set forth above will be void as to you. If for any reason a Claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

22. MISCELLANEOUS

a) Service Availability.  You agree and acknowledge that the Service, or any component thereof, may be temporarily unavailable due to maintenance or other development activities. Anza will use commercially reasonable efforts to provide Subscriber with advance notice of any such unavailability, but shall not have any liability to you or any third party for any planned or unplanned unavailability or downtime.

b) Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder to any other person without Anza’s prior written consent. Any purported assignment in violation of this paragraph is void and of no effect. These Terms are freely assignable by Anza. These Terms shall be binding on the parties and their permitted successors and assigns. Except as otherwise set forth herein, a person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.

c) Force Majeure. We will not be liable for any delay or failure in the performance of our obligations under these Terms if the delay or failure is due to any cause outside of our reasonable control.

d) Governing Law and Venue. These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of California. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Alameda County, California.

e) Notices. Except as otherwise set forth herein, any notice given under these Terms by any party to another party must be in writing and sent by email, and will be deemed to have been given upon transmission. Notices to Anza must be sent to legal@anzarenewables.com.  Notices to you will be sent to any email address associated with your User Account or that you otherwise submit to us through your use of the Service. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

f) Severability and Waiver. If any part or provision of these Terms is held by a court of competent jurisdiction to be invalid, unenforceable, or in conflict with the law, that part or provision shall be replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, and the remainder of these Terms will continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If we waive any breach of these Terms, such waiver will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

g) California Residents. If you are a California resident, you may report a complaint to the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs by telephone at (800) 952-5210 or by mail at 400 R Street, Sacramento, CA 95814, United States. 

h) Entire Agreement. These Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and Anza with respect to the subject matter hereof, and supersede and extinguish all prior agreements, representations (whether oral or written), and understandings regarding such subject matter. The provisions of the following Sections will survive any termination of these Terms: Section 2 (with respect to the final sentence only); 3; Section 5 (with respect to the final sentence only); Sections 6 through 8; Section 9 (with respect to the final sentence only); Sections 10 through 12; and Sections 14 through 22.

For more information or other questions, please contact us at:

Anza RE, LLC

1440 Broadway, Suite 200 #1100

Oakland, CA 94612

legal@anzarenewables.com