Terms and Conditions for EnertechUSA.com, effective immediately – last updated December 12, 2018.
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
The Company authorizes you to view and download Materials at this Site only for your personal, noncommercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials.
- You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose.
- You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions.
- You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials.
The Site is provided on an “as-is” and “as-available” basis. You agree that your use of the Site and the Company’s services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content and Materials;
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
- any unauthorized access to or use of the Company’s secure servers and/or any and all personal information and/or financial information stored therein;
- any interruption or cessation of transmission to or from the Site,
- any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or
- any errors or omissions in any content and Materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
The Company does not warranty, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you shall use your best judgement and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will the Company or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site or its Materials, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever and regardless of the form of action, will at all times be limited to the amount you paid, if any, for use of products and/or services.
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. The Company reserves the right to remove, reclaim, or change a username you select if the Company determines, in its sole discretion, that such username is inappropriate or redundant.
By using the Site, You represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update such registration information as necessary.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Site for any illegal or unauthorized purposes.
- Your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
INTELLECTUAL PROPERTY RIGHTS
INFORMATION PROVIDED BY YOU
The Company does not want you to, and you shall not send any confidential or proprietary information via the Site. You acknowledge and agree that any materials or other information provided by you (“Submissions”) to the Company through the Site will not be considered confidential or proprietary. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purposes, commercial or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Company reserves the right, but not the obligation to:
- in the Company’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof;
- in the Company’s sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
- otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
TERMINATION OF USE
If the Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
The Company reserves the right to change modify, or remove the contents of the Site at any time or for any reason at the Company’s sole discretion without notice. However, the Company have no obligation to update any information on the Site. The Company also reserves the right to modify or discontinue all or part of the Site without notice at any time. The Company will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending the Company emails, and completing online forms constitute electronic communication. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications the Company provides to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
You agree to defend, indemnify, and hold the Company harmless, including its subsidiaries, affiliates, and all of its respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
- use of the site;
- your violation of the rights of a third party, including but not limited to intellectual property rights; or
- any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate, at your expense, with our defense of such claims. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
GOVERNING LAW AND DISPUTE RESOLUTION
To receive further information regarding use of the Site as outlined above, please contact us at: