Last Revised: February 1, 2021
II. PRIVACY POLICIES
III. USE OF THE ENNV SITE AND SITE CONTENT
(a) License to Use the ENNV Site
(b) No Offers or Reliance
ENNV is not utilizing the ENNV Site to provide investment or other advice, and no information or material on the ENNV Site is intended to be a recommendation to buy or sell any securities or is to be relied on for the purpose of making or communicating investment decisions. Past performance is not indicative of future results and no representation is being made that any investment will or is likely to achieve profits or losses similar to those achieved in the past, or that significant losses will be avoided.
The information contained on the ENNV Site is not an offer to sell or a solicitation to buy any security, financial instrument, investment or other product or service of ENNV. No action should be taken or omitted to be taken in reliance upon information on the ENNV Site. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstance. No security, financial instrument, investment or other product or service is offered or will be sold by ENNV or, if sold by us, will be effective in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the securities or other laws of such jurisdiction.
ENNV strives to provide accurate, complete and updated information on the ENNV Site; however, ENNV does not warrant that any information on the ENNV Site is complete or free from error, or that such information is fully updated through any particular date. All material on the ENNV Site is information of a general nature and does not address the circumstances of any particular individual or entity. No information or materials contained on the ENNV Site should be construed or relied upon as investment, legal, tax or other professional advice. ENNV will not treat users of the ENNV Site as its partners, clients, customers or investors by virtue of their accessing the ENNV Site. ENNV does not offer investment advisory services to the public.
(c) Links to Other Websites and/or Materials
Links may appear on the ENNV Site that may be used to link to third party website(s) that are not owned or controlled by us (the “Linked Websites”). These links are provided solely as a courtesy to our ENNV Site visitors. ENNV reserves the right to add, change, decline or remove any link at any time. ENNV has no control over, and assumes no responsibility for (i) the materials, information, goods or services available or contained on the Linked Websites or (ii) any privacy or other practices of the Linked Websites. If you decide to access any of the Linked Websites, you expressly relieve ENNV of any and all liability arising from your use of the Linked Websites. Accordingly, ENNV encourages you to read the terms and conditions and privacy policies of the Linked Websites that you visit.
IV. DISCLAIMERS AND LIMITATION OF LIABILITY
(a) No Express or Implied Warranties
To the fullest extent permitted by applicable law, use of the ENNV site and site content is at your own risk and the ENNV site is provided “as is,” without warranty of any kind, either express or implied. Neither ENNV, its affiliates or third party service providers, nor any of their respective directors, officers, employees, agents or other representatives (collectively, including ENNV, the “ENNV parties”), makes any warranty whatsoever, express, implied or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement, or that the ENNV site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the ENNV site or as to the accuracy, reliability, quality or content of any information or service provided on or through the ENNV site.
(b) Limitation of Liability
To the extent permitted by applicable law, the ENNV parties will not be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind arising out of or related to the use of or inability to use the ENNV site, or the breach of any representation or warranty, whether as a breach of contract, tortious behavior, negligence or any other cause of action, even if advised of the possibility of such damages. This limitation of liability applies, without limitation, to any injury or damage of any kind, including to your computer equipment or other property, resulting from any mistakes, interruption, omission, deletion or other data loss, defect, delay in operation or transmission, failure of performance, computer virus, file corruption, network or system outage, communication-line failure, browsing, download of any materials, data, text, images, video or audio, or theft, destruction, unauthorized access to, alteration of, or use of any record. ENNV shall not be liable for third party claims for damages against the user, or for malfunction, delays, interruption of service, loss of business, or other claims, losses or damages of any kind, whether or not ENNV has been made aware of the possibility of such claims, losses or damages.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions the ENNV Parties’ liability is limited to the extent permitted by law, thereby minimizing the ENNV Parties’ liability to you to the lowest amount permitted by applicable law. In no event shall our total liability to you for all damages, losses and causes of action exceed the amount paid by you, if any, for accessing this website.
(a) Governing Law and Jurisdictional Issues
This agreement is governed in all respects by the substantive laws of the State of New York and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. The ENNV Site is controlled and operated from ENNV’s offices in the United States of America, and ENNV makes no representations that materials in the ENNV Site are appropriate or available for use in other locations. Those who choose to access the ENNV Site from other jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the ENNV Site from any territory where the content is illegal is prohibited. ENNV reserves the right to limit access to the ENNV Site to any person, geographic region or jurisdiction.
(b) Suggestions and Feedback
(c) Electronic Communications
When you visit the ENNV Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or through other electronic means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(d) Interpretation and Entire Agreement
(e) No Agency
No agency, partnership, joint venture, or employment is created as a result of your use of the ENNV Site, and you do not have any authority of any kind to bind the ENNV Parties in any respect whatsoever.
(f) Contact Us
ECP Environmental Growth Opportunities Corp.
40 Beechwood Road
Summit, New Jersey 07901