Website Terms and Conditions

MN8 Energy, Inc. (“MN8”, “we, “us”, or “our”) has made all reasonable efforts to provide accurate information on the https://mn8energy.com/ website and our related sites.

DISCLAIMER

THE INFORMATION FOUND ON THIS WEBSITE (“INFORMATION”) IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL MN8 OR OUR AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE INFORMATION, EVEN IF MN8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MN8 cannot and does not guarantee the accuracy, completeness or timeliness of the materials, text, graphics, links or other items contained within the Information. The Information is provided by MN8 only for informational purposes. The Information does not denote investment advice and no person should rely on any such information in connection with the making of any investment decision. Any decision you make based on information contained in this Website and the consequences thereof are solely your responsibility.

Although MN8 regularly monitors this Website for accuracy, you should assume that Information is current only as of the day it is published on this Website. MN8 may make changes to the Information at any time without notice. MN8 DISCLAIMS ANY AND ALL DUTY OR INTENTION TO UPDATE THE INFORMATION.

ACCEPTABLE USE

Acceptable Use: You accept sole responsibility for all of your activities using this Website. You may not use this Website in a manner that:

  1. Uses technology or other means not authorized by us to access this Website or our systems;
  2. Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access or otherwise gather any Website information or our systems; (b) reproduce or circumvent the navigational structure or presentation of this Website; or (c) otherwise harvest or collect information about users of this Website;
  3. Reverse engineers, decompiles or disassembles any portion of this Website, except where such restriction is expressly prohibited by applicable law;
  4. Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment;
  5. Attempts to gain unauthorized access to our computer network or user accounts;
  6. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
  7. Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights);
  8. Is unlawful, fraudulent, or deceptive;
  9. Attempts to damage, disable, overburden, or impair our servers or networks;
  10. Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes or otherwise exploits any portion of (or any use of) the Service except as expressly authorized herein, without our express prior written consent;
  11. Fails to comply with applicable third-party terms; or
  12. Otherwise violates these Terms and Conditions.

TERMINATION

We reserve the right, in our sole discretion, to modify or discontinue, temporarily or permanently, all or any part of this Website, at any time and for any or no reason and without notice, including, but not limited to:

  • restricting the time all or any part of this Website is available;
  • restricting the amount of use all or any part of this Website is permitted;
  • restricting or terminating any user’s right to use all or any part of this Website.

We reserve the right to suspend or terminate use of this Website by anyone:

  • who does not follow this Website terms and conditions, but we have no obligation to do so;
  • if there is an emergency or we need to perform maintenance on this Website; or
  • for any other reason, in our sole discretion.

You agree that we are not liable to you (or any third party making claims through you) for any termination, suspension, restriction, modification, or discontinuance of this Website.

INTELLECTUAL PROPERTY

The Information contained in this Website, including text, data, photographs and other images and sound, is copyrighted and protected by worldwide copyright and other intellectual property laws. Single copies of information contained in this Website may be printed or downloaded for your personal, non-commercial internal use only. Any other use is prohibited.

LINKS TO OTHER INFORMATION

This Website may contain links to external sites. The linked sites are not under the control of MN8, and MN8 is not responsible for the contents of any linked site. MN8 is not responsible for webcasting or any other form of transmission received from any linked site. MN8 is providing these links to you only as a convenience. MN8 reserves the right to terminate any link or linking program at any time. MN8 does not endorse companies, products or services to which it links and reserves the right to note as such on this Website. If you decide to access any of the third-party sites linked to this Website, you do so entirely at your own risk.

CHANGES

MN8 may change these Terms and Conditions and any disclaimer from time to time. By browsing this Website you are accepting that you are bound by these Terms and Conditions and disclaimers. You should check these each time you revisit this Website.

GOVERNING LAW

These Terms and Conditions of our Website shall be governed by and construed in accordance with the laws of the State of New York.

FORWARD LOOKING STATEMENTS

This Website contains certain “forward-looking” statements pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995 and other federal securities laws. All statements, other than statements of historical or present facts, including statements regarding our future financial condition, future revenues, projected costs, prospects, business strategy and plans and objectives of management for future operations, are forward-looking statements. In some cases, you can identify forward-looking statements by terminology such as “believe,” “will,” “may,” “might,” “estimate,” “continue,” “anticipate,” “intend,” “target,” “project,” “model,” “should,” “would,” “plan,” “expect,” “predict,” “could,” “seek,” “goals,” “potential,” and similar terms or expressions that concern our expectations, strategy, plans, or intentions, although not all forward-looking statements contain such identifying words.

Any forward-looking statements on this Website reflect management’s current views with respect to future events or to our future financial performance and involve known and unknown risks, uncertainties, and other factors that may cause our actual results, performance, or achievements to be materially different from any future results, performance, or achievements expressed or implied by these forward-looking statements. Given these uncertainties, you should not place undue reliance on these forward-looking statements.

Any differences could be caused by a number of factors including but not limited to:

Changes to irradiance at our solar facilities or to weather generally, volatility in supply and demand in the energy markets, our inability to renegotiate or replace expire power purchase agreements (“PPAs”) on similar terms, our inability to obtain long-term contracts for the sale of our power by our projects on favorable terms and our inability to meet certain milestones and other performance criteria under our existing PPAs, our failure to be able to sell solar renewable energy credits at attractive prices, disruptions in our supply chain for materials and components and increased logistics costs, inflation, environmental risks, operating risks, regulatory changes, market share growth, the uncertainty inherent in projecting cash flow, access to capital, the timing of development expenditures and other factors.

Additional factors could cause actual results to differ materially from our expectations. All forward-looking statements included in this Website are expressly qualified in their entirety by these cautionary statements. The forward-looking statements speak only as of the date made and, other than as required by law, we undertake no obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.

Moreover, we operate in a very competitive and rapidly changing environment. New risk factors emerge from time to time, and it is not possible for our management to predict all risk factors nor can we assess the effects of all factors on our business or the extent to which any factor, or combination of factors, may cause actual results to differ materially from those contained in, or implied by, any forward-looking statements.

Cautionary Note Regarding Materiality of Adverse Scenarios
This Website (or linked pages or associated documents) may also contain statements based on hypothetical adverse scenarios and assumptions.  These statements should not necessarily be viewed as being representative of current or actual risk or forecasts of expected risk. While future events discussed may be significant, any significance should not be read as necessarily rising to the level of materiality under applicable law.