Terms of Use

Last Revised: February 1, 2021

I. GENERAL

These Terms of Use, and our Privacy Policy, as each is amended from time to time, as well as all any other rules and restrictions set forth on this website, apply to you when you view, access or otherwise use the website located at www.ecpennv.com (the “ENNV Site”). The ENNV Site is owned by ECP Environmental Growth Opportunities Corp. and its affiliates (collectively, “ENNV”), and for the purposes of these Terms of Use, the terms “we,” “us,” “our,” and “ENNV,” refer to ECP Environmental Growth Opportunities Corp. and its affiliates. “You” refers to you, as a user of this ENNV Site. By accessing or using the ENNV Site, you are acknowledging that you have read, understand and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the ENNV Site and, accordingly, you should not do so.

To the extent permitted by applicable laws, ENNV may change, add or remove any part of these Terms of Use, or any other terms associated with the use of the ENNV Site at any time. Any changes shall become part of these Terms of Use and shall apply as soon as such a notice is posted. By continuing to use the ENNV Site after such notice is posted, you are indicating your acceptance of those changes.

II. PRIVACY POLICIES

In addition to these Terms of Use, your use of and access to the ENNV Site is also subject to our Privacy Policy and our CCPA Policy which are incorporated by reference herein, as applicable.

III. USE OF THE ENNV SITE AND SITE CONTENT

(a) License to Use the ENNV Site

We grant you a revocable, nonexclusive, nontransferable, limited right to access, use and display the ENNV Site and the copyrighted materials (including but not limited to photographs, graphics, and logos), trademarks and other proprietary information provided hereon (collectively, “Site Content”), provided that you comply fully with these Terms of Use. Images displayed on the ENNV Site are either our property or used with our permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by us. You agree to use the ENNV Site and the Site Content only for lawful, personal, non-commercial, and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the ENNV Site or the Site Content in any manner or for any purpose. Additionally, you may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property or contractual rights of others, or use or gain access to the identities, information or computers of others, through the ENNV Site. You may not attempt to violate the security of the ENNV Site or transmit any virus, worm, time bomb or similar system interference or corruptant through 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.

As consideration for access to the ENNV Site, you agree to indemnify and hold the ENNV Parties harmless from and against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action including but not limited to actions by third parties against you or any of the ENNV Parties (i) arising from any alleged breach by you of these Terms of Use or any representations, warranties and/or covenants contained herein, (ii) out of or in connection with any decisions that you make based on the information or materials contained on the ENNV Site or (iii) otherwise arising from or relating to your use of the ENNV Site, or your violation of the ENNV Site policies.

V. MISCELLANEOUS

(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

ENNV welcomes feedback or inquiries about our business. Any unsolicited suggestions will be treated as non-confidential and non-proprietary to you, but ENNV reserves the right to treat such suggestions as confidential and proprietary to ENNV. Any and all rights to materials and ideas submitted to us become the exclusive property of ENNV. Such information (other than personal data or information, which is collected, stored and disclosed in accordance with our Privacy Policy) may be used for any purpose, including, but not limited to, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting, without remuneration, compensation or attribution to you, provided that ENNV is under no obligation to use such feedback. We are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us via the ENNV Site or by any other means for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

(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

These terms and conditions, together with our Privacy Policy, form the complete and exclusive agreement between you and ENNV with respect to your use of the ENNV Site, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and ENNV relating to such matters. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

(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

If you have any questions, comments or concerns regarding these Terms of Use and/or the ENNV Site, please send an email to: Info@ecpennv.com

ECP Environmental Growth Opportunities Corp.
40 Beechwood Road
Summit, New Jersey 07901
T 973.671.6100
F 973.671.6101

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