Solyndra LLC Information Site
 
Terms Of Use

Effective Date:  September 20, 2010


Terms of Use


This website is operated by AlixPartners, LLP or one of its subsidiaries (collectively “AlixPartners”).  Throughout the site, the terms “we,” “us” and “our” refer to AlixPartners.  AlixPartners offers this website, including all information, tools and services available from this website, to you, the user, conditioned upon your acceptance of all of these Terms of Use.  Your continued use of this site constitutes your agreement to these Terms of Use.  If you do not wish to be bound by these Terms of Use, please do not use this site.  The failure of AlixPartners to insist upon strict compliance with any term shall not be construed as a waiver with respect to any subsequent failure to comply with such term. 


Accuracy, Completeness and Timeliness of Information on This Site


We are not responsible if information we make available on this site is not accurate, complete or current.  The material on this site is provided for general information only and should not be relied upon or used as the basis, sole or otherwise, for making decisions without consulting the primary source for information, which may be a more accurate, complete or timely source of information.  The material and information available on this site are for informational purposes only and are not intended to be legal advice.  Please consult an attorney for any legal advice.  Any reliance on the material on this site is at your own risk.  This site may contain certain historical information.  Historical information necessarily is not current and is provided for your reference only.  We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site.  You agree that it is your responsibility to monitor changes to the site.


Use of Materials on the Site


All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof, but excluding any information or attachments you submit in connection with a bankruptcy-related claim), is the exclusive property of AlixPartners, its licensors or the content providers and is protected by copyright, trademark and other applicable laws.  Unless indicated to the contrary, you may access, copy, download and print the materials contained on the site, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you access, copy, download or print.  Any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any materials, information, software, products or services obtained from the site, or use of the site for purposes competitive to AlixPartners or in connection with offering any third party products or services not authorized or approved by AlixPartners, is expressly prohibited.  AlixPartners reserves the right to refuse or cancel any person’s registration for this site (if any), remove any person from this site or prohibit any person from using this site for any reason whatsoever.  AlixPartners, or its licensors or content providers, retain full and complete title to the site content, including all associated intellectual property rights.   AlixPartners provides you a limited license to access AlixPartners’ materials on this site under a license that is revocable at any time in AlixPartners’ sole discretion.  Materials provided by third parties have not been independently reviewed, tested, certified, or authenticated in whole or in part by AlixPartners, and AlixPartners does not provide, sell, license, or lease any of those materials.  AlixPartners neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with AlixPartners. 


You may not use contact information provided on the site for improper purposes, including marketing.  You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site.  You agree not to interrupt or attempt to interrupt the operation of the site in any way.  Termination of your access or use of this site will not waive or affect any other right or relief to which AlixPartners may be entitled, at law or in equity.


Materials You Submit


You acknowledge that you are responsible for any materials you may submit to the site, including the legality, reliability, appropriateness, originality and copyright of any such materials.  You may not upload to, distribute or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.”  You may not use a false email address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content.


To the extent authorized by order of a United States Bankruptcy Court, you may be able to submit an electronic Proof of Claim Form on this website.  If you do submit a Proof of Claim, you are responsible for redacting any personal or sensitive information including, but not limited to Social Security or taxpayer identification numbers, dates of birth, names of minor children and financial account numbers, in compliance with Federal Rules of Bankruptcy Procedure 9037.  This requirement applies to all documents you submit, including attachments.  The ability to file an electronic Proof of Claim Form on this site is provided for your convenience only.  It is your responsibility to ensure that the Proof of Claim Form is properly submitted and docketed on the claims register.  Once you submit your electronic Proof of Claim Form, you should confirm that your Proof of Claim properly appears on the claims register.  You understand that your filed Proof of Claim with all attachments will become a matter of public record.  The penalty for filing a fraudulent Proof of Claim Form includes a fine of up to $500,000 or imprisonment for up to 5 years, or both.


If you submit materials, you grant AlixPartners the right to use the name you submit in connection with such materials, if it so chooses.  All personal information provided via this website will be handled in accordance with the site’s Online Privacy Notice.


Conduct Limitation


Some features that may be available on this site may require registration.  By registering at, and in consideration of your use of, the site you agree to provide true, accurate, current and complete information about yourself.


Some features on this site may require you to establish or use a password.  You are responsible for protecting your password.  You agree that you will be responsible for any and all statements made, and acts or omissions which occur, through the use of your password.  If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify AlixPartners immediately.  AlixPartners will assume that any communications AlixPartners receives under your password have been made by you unless AlixPartners receives notice otherwise. 


You or third parties acting on your behalf are not allowed to frame this site or use our proprietary marks as meta tags without our written consent.  You may not use frames or utilize framing techniques or technology to enclose any content included on the site without AlixPartners’ express written consent.  Further, you may not utilize any site content in any meta tags or any other “hidden text” techniques or technologies without AlixPartners’ express written consent. 


Links


This website may provide links to other websites for your convenience and information.  These websites may operate independently from AlixPartners.  Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites.  To the extent any linked websites you visit are not owned or controlled by AlixPartners, we are not responsible for the sites’ content, any use of the sites, or the privacy practices of the sites, or any losses, damages or other liabilities incurred as a result of your use of any linked sites.


Trademarks and Copyrights


Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of AlixPartners, its licensors, its content providers and other third parties.  All of these trademarks, logos and service marks are the property of their respective owners.  Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission, except as otherwise described herein.  AlixPartners reserves all rights not expressly granted in and to the site and its content.  This site and all of its content including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.


Infringement Notice 


We respect the intellectual property rights of others and request that you do the same.  If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:


AlixPartners, LLP
Attention:  General Counsel’s Office
2000 Town Centre, Suite 2400
Southfield, MI 48075

In order for us to more effectively assist you, the notification must include ALL of the following:


  1. A physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf;
  2. a description of the copyrighted work you claim has been infringed;
  3. information reasonably sufficient to locate the materials in question on the site;
  4. your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit AlixPartners to contact you;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

AlixPartners is under no obligation to post, forward, transmit, distribute or otherwise provide any materials available on this site, including materials you provide to us, and so we have an absolute right to remove any materials from the site in our sole discretion at any time. 


DISCLAIMERS


YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.  ALIXPARTNERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; THAT ANY CLAIM YOU SUBMIT OR ATTEMPT TO SUBMIT PURSUANT TO THIS SITE WILL BE RECEIVED BY US; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.  IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALIXPARTNERS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.  ALIXPARTNERS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.


IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY


YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.  YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE.  RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ALIXPARTNERS NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (1) THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE; (2) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; (3) THE DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE; (4) ALIXPARTNERS’ REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE; OR (5) THE USE OF THE SITE, WHETHER FORESEEABLE OR UNFORESEEABLE, AND WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ALIXPARTNERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, ELECTRONIC PROOF OF CLAIM FILING, DISALLOWANCE OF CLAIM, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ALIXPARTNERS NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ALIXPARTNERS IS TO DISCONTINUE YOUR USE OF THE SITE.  SUBJECT TO APPLICABLE LEGAL REQUIREMENTS, AND WITHOUT AFFECTING THE LIMITATIONS OF LIABILITY AND OTHER RIGHTS OF ALIXPARTNERS HEREIN, YOU AND ALIXPARTNERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


Indemnification


By using this site, you agree to indemnify, defend, hold harmless and covenant not to sue AlixPartners and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers for, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use.  If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.  AlixPartners reserves the right, in its sole discretion and at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with AlixPartners in the defense of such matter.


Jurisdiction and Applicable Law


The laws of the State of Michigan govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the State of Michigan for any action to enforce these Terms of Use.  We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access.  This site has been designed to comply with the laws of the State of Michigan and of the United States of America.  If any materials on this site, or your use of the site, are contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site.  You are responsible for informing yourself of the laws of your jurisdiction and complying with them.


Changes to These Terms of Use


We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site.  It is your responsibility to check periodically for any changes we may make to these Terms of Use.  Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.


Entire Agreement and Admissibility


This agreement and any policies or operating rules posted on this site constitute the entire agreement between you and AlixPartners with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.  A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Severability


If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.


How to Contact Us


If you have any questions or comments about these Terms of Use or this site, please contact us by:


Emailing us at:kcote@alixpartners.com
Writing to:AlixPartners, LLP
Attention:  General Counsel’s Office
2000 Town Centre, Suite 2400
Southfield, MI 48075


Thank you for visiting our site.
Disclaimer: The material and information disclosed on this site is for informational purposes only and is not intended to be legal advice or indicative of future performance.    Please consult an attorney for advice specifically relating to your legal matter.    Do not send confidential information without express consent of one of our case professionals.    Solyndra LLC and AlixPartners are not responsible for and make no representations about the content, completeness, or accuracy of any other web sites that are accessible through this site.