LAST UPDATED: June 25, 2020
TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. This Agreement applies to all our \websites, including, but not limited to, the following: ___WWW.EMPWRSOLAR.COM (collectively the “WEBSITES”). If you do not agree to the terms and conditions of this Agreement, please do not use any of the WEBSITES. We (referred to herein as "we," "us" and "our"), reserve the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised version of this Agreement on the WEBSITES. You can determine when this Agreement was last revised by referring to the "Last Updated" legend at the top of this Agreement. You should always check this Agreement prior to using the WEBSITES.
1. Restricted Uses.
Our WEBSITES are owned and operated by us or by license from third-parties. The contents of our WEBSITES are copyrighted under United States copyright laws. Except as stated herein, none of the material on our WEBSITES may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted to access and use our WEBSITES, you may download one (1) copy of any particular materials from our WEBSITES for your own personal, non-commercial use, provided that you agree to abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you download. Modification of the materials, or use of the materials for any other purpose, whether commercial or noncommercial, is a violation of our, and other third-party, copyright and other proprietary rights.
Trademarks, trade names, service marks and logos appearing on our WEBSITES are proprietary trademarks of ours or our Licensors. The use of any of our trademarks or any other content made available through our WEBSITES, except as expressly provided in this Agreement, is strictly prohibited.
2. Information Submitted Through our WEBSITES.
Your submission of information through our WEBSITES is governed by our Privacy Statement (the "Privacy Statement"), located at https://www.empwrsolar.com_____________. This Agreement incorporates by reference the terms and conditions of the Privacy Statement.
By submitting any information or material to our WEBSITES, you represent, warrant and agree that
3. Registration; Usernames and Passwords.
You may be required to register with us in order to access certain areas of our WEBSITES, for example, to purchase or access products or services, or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access our WEBSITES, and you agree not to transfer your password or username, or lend or otherwise transfer your use of or access to our WEBSITES, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with our WEBSITES that occur in connection with your username. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or our WEBSITES, and to ensure that you "log off" and exit from your account with our WEBSITES (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
4. Rules of Conduct.
We expect users of our WEBSITES to respect the law as well as the rights and dignity of others. While using our WEBSITES you agree to comply with all applicable laws, rules and regulations. In addition, your use of our WEBSITES is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to our WEBSITES pursuant to Section 14 below.
You agree not to:
Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use our WEBSITES, and for paying all charges related thereto.
5. Ratings, Forums and Submissions.
We may offer features through our WEBSITES that enable you to post information and materials publicly, for example, product ratings and reviews, bulletin boards, chat areas, training areas, and similar forums (collectively referred to herein as "Ratings and Forums"). All of the rules of conduct described in Section 5 above apply to the Ratings and Forums. Additionally, without our express prior written consent, you may not use the Ratings and Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Ratings and Forums to solicit other WEBSITE visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Ratings and Forums or otherwise through any WEBSITE ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by us without restriction. You grant to us the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Ratings and Forums or otherwise through our WEBSITES complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Ratings and Forums or otherwise in our WEBSITES. The Ratings and Forums include the opinions, statements and other content of third parties, including independent sales representatives (“Independent Sales Representatives”). We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including Independent Sales Representatives) through the Ratings and Forums or otherwise through our WEBSITES are those of such third parties and not of us, and we do not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from our WEBSITES at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the training or other forums or any other part of our WEBSITES. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE RATINGS AND FORUMS OR OTHERWISE THROUGH OUR WEBSITES, YOU DO SO AT YOUR OWN RISK.
6. Sweepstakes, Contests, and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through any of our WEBSITES may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, we will ask you to agree to become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to read the applicable rules which will be linked from the particular activity, and to review the Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
7. Intended Audience.
Our WEBSITES are controlled and operated from our or third-party offices located in the State of Utah, U.S.A., and our WEBSITES are not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through our WEBSITES are presented solely for the purpose of providing services and promoting products available in the United States. We make no representation or warranty that any WEBSITE, in whole or in part, or any products, services, or materials made available through our WEBSITES, are appropriate or available for use in other locations. Those who choose to access our WEBSITES from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
8. Links to or From Other Sites.
Except as otherwise expressly stated by us on one of our WEBSITES, we are not affiliated or associated with operators of any third-party websites that link to or are linked from our WEBSITES. We expressly disclaim any responsibility for the accuracy, content, or availability of information found on third-party websites that link to or are linked from our WEBSITES. We cannot ensure your satisfaction with any products or services that are available through any third?party site that links to or is linked from our WEBSITES because these third-party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third?party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third?party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD?PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We shall have the right, at any time and at our sole discretion, to block links to our WEBSITES through technological or other means without prior notice.
9. Disclaimer of Warranties.
OUR WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH OUR WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY INDEPENDENT SALES REPRESENTATIVES; (B) THAT OUR WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO OUR WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT OUR WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH OUR WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of our WEBSITES, our WEBSITES may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third?parties may make unauthorized alterations to our WEBSITES. If you become aware of any unauthorized third party alteration to our WEBSITES, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the applicable WEBSITE where such material(s) appear.
NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
10. Limitation of Liability.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "COMPANY ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) OUR WEBSITES, (C) YOUR USE OF OR INABILITY TO USE OUR WEBSITES, OR (D) THE ACTS OR OMISSIONS OF INDEPENDENT SALES REPRESENTATIVES, IN EACH EVENT, EVEN IF WE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY INDEPENDENT SALES REPRESENTATIVE), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, OUR WEBSITES, OR YOUR USE OF OR INABILITY TO USE OUR WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING OUR WEBSITES.
NOTWITHSTANDING THE FOREGOING, THESE LIMITATIONS OF LIABILITY HEREIN DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM COMPANY INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You will indemnify and hold the Company Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your misuse of, inability to use, or activities in connection with our WEBSITES; (b) any violation of this Agreement or any other of our terms, conditions or policies by you or through any account you may have with any of our WEBSITES; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through our WEBSITES infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any WEBSITE visitor, user, or customer, or any other third party; and you agree to reimburse the Company Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s). This provision does not require you to indemnify any of the Company Entities for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any of our WEBSITES or any content provided hereunder.
12. Termination and Enforcement.
This Agreement is effective until terminated by us. You agree that we, at our sole discretion, may terminate your access to or use of our WEBSITES, at any time and for any reason, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 5 above). Upon any such termination, your right to use our WEBSITES will immediately cease. You agree that any termination of your access to or use of our WEBSITES may be effected without prior notice and that we may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to our WEBSITES or to any such information or files, and shall not be required to make such information or files available to you after any such termination. We reserve the right to take steps that we believe are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of our WEBSITES and/or a third party claim that your use of our WEBSITES is unlawful or violates such third party's rights).
13. Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on a WEBSITE infringe your copyright, you (or your agent) may send us a notice requesting that we remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to, __________ Attn: Office of the General Counsel, _________________________________. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following site: https://www.techradar.com/news/the-best-free-parental-control-software. Note that we do not endorse, support or approve any of the products or services listed at such site.
15. Information or Complaints.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding our WEBSITES, please send an email to firstname.lastname@example.org. You may also contact us by writing to _EMPWR Solar__ Attn: Office of the General Counsel, _________________________________. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.
16. Agreement To Arbitrate Disputes And Choice Of Law.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and we agree to resolve any claims relating to this Agreement through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of our WEBSITES, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at https://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or we must do the following things:
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in Salt Lake City, Utah under Utah law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
NO CLASS ACTIONS: You agree you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that any non-arbitrable dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of Utah, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Salt Lake County, Utah, U.S.A.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and us relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any of our WEBSITES, by email, or by regular mail, at our discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18. Privacy Statement.
Read our Privacy Statement here: [Privacy Statement link]