Heron Power Terms of Service

Effective Date: October 10th, 2025

Welcome to the Heron Power website (the “Site”), operated by Heron Power, Inc. (“Heron,” “we,” “us,” or “our”). By accessing or using this Site, you agree to be bound by these Terms of Service (the "Terms"). These Terms constitute a legally binding agreement between you and Heron Power, Inc. If you do not agree to these Terms, you are not authorized to access or use the Site and must immediately cease all use.

1. Use of the Site

You may browse and use this Site solely for lawful informational and business purposes related to evaluating Heron Power's products and services. Any use of the Site or its Content for competitive analysis, benchmarking, or to develop competing products or services is strictly prohibited. You agree not to:

  1. use the Site for any unlawful purpose or in violation of these Terms;
  2. attempt to gain unauthorized access to the Site or its related systems or networks;
  3. interfere with, disrupt, or impose an unreasonable burden on the Site's operation, servers, or networks;
  4. use any automated means (including robots, scrapers, crawlers, or data mining tools) to access, monitor, copy, or collect data from the Site without our express written permission;
  5. transmit, upload, or introduce any viruses, malware, worms, Trojan horses, or other harmful code or files;
  6. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or provide false or misleading information;
  7. remove, obscure, or alter any copyright, trademark, or other proprietary rights notices on the Site;
  8. frame, mirror, or deep-link to the Site without our prior written consent;
  9. attempt to reverse engineer, decompile, or disassemble any software or technology used on the Site; or
  10. access or use the Site in any manner that could damage, disable, overburden, or impair our systems or interfere with any other party's use of the Site.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these prohibitions, including without limitation removing the offending content, suspending or terminating your access to the Site, and reporting violations to law enforcement authorities.

2. Intellectual Property

All content on this Site—including text, images, graphics, logos, trademarks, service marks, trade names, software, and other materials (collectively, "Content")—is owned by or licensed to Heron and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Except as expressly permitted in these Terms, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit, or otherwise exploit any Content without our prior written consent. Any feedback, comments, suggestions, ideas, concepts, techniques, know-how, or other information or materials you provide to us regarding the Site, our business, products, services, or technology ("Feedback") will be deemed non-confidential and non-proprietary, and will become the sole and exclusive property of Heron. You hereby irrevocably assign to Heron all right, title, and interest in and to all Feedback, including all intellectual property rights therein, and waive any moral rights you may have in such Feedback. We may use, disclose, reproduce, license, distribute, and exploit such Feedback for any purpose whatsoever, commercial or otherwise, without obligation, restriction, attribution, or compensation to you.  You may download or print individual pages solely for your internal business evaluation purposes, provided you maintain all copyright, trademark, and other proprietary notices intact and do not modify the Content in any way. All downloaded or printed materials remain the property of Heron and may not be distributed, republished, or used for any other purpose. Any unauthorized use of the Content may violate copyright, trademark, and other laws and may result in criminal or civil penalties.

3. No Warranties

THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUALITY, OR RESULTS. HERON DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT, INFORMATION, OR MATERIALS ON THE SITE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HERON, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF HERON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HERON'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

5. Third-Party Links

This Site may contain links to third-party websites, services, or resources that are not owned or controlled by Heron. We provide these links solely for your convenience and do not endorse, warrant, or assume responsibility for any third-party sites, their content, products, services, or privacy practices. Your use of third-party sites is at your own risk and subject to the terms and conditions and privacy policies of those sites. We encourage you to review the terms and privacy policies of any third-party sites you visit.

6. Changes

We may update these Terms from time to time. Continued use of the Site after changes means you accept the new Terms.

7. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

8. Contact Us

If you have questions about these Terms, contact us at:

lwd@heronpower.com

Heron Power, Inc.

4742 Scotts Valley Dr, Scotts Valley, CA 95066, USA