United
Power, Incorporated LLC and its affiliates (collectively, "United Power,
Incorporated" or “UPI”) provide the content, information, code and files
on this web site (collectively this "Site") exclusively under the
following Terms and Conditions and all applicable laws.
PLEASE
REVIEW THE FOLLOWING TERMS AND CONDITIONS PRIOR TO USING THE SITE. BY USING THE SITE YOU ACCEPT THESE TERMS AND CONDITIONS.
IF YOU DO NOT ACCEPT SUCH TERMS AND CONDITIONS, THEN PLEASE DO NOT USE THE
SITE.
1. Ownership, License & Restrictions on Use
1.1. All right, title and interest
(including all copyrights, trademarks and other intellectual property rights)
in this Site belongs to United Power, Incorporated. In addition, the names,
images, pictures, logos and icons identifying United Power, Incorporated's
products and services are proprietary marks of United Power, Incorporated
and/or its subsidiaries or affiliates. The names of other companies and other
products identified or displayed on this Site may be the trademarks of their
respective owners. Except as expressly provided below, nothing contained herein
shall be construed as conferring any license or right, by implication,
estoppels or otherwise, under copyright, trademark or other intellectual
property rights.
1.2. You are hereby granted a
non-exclusive, non-transferable, limited license to view this Site, and to
download and/or print insignificant portions of materials retrieved from this
Site provided:
1.2.1. it
is used only for informational, non-commercial purposes, and
1.2.2. you
do not remove or obscure the copyright or other notices.
1.3. Except as expressly provided above,
no part of this Site may be altered, changed, adapted, reproduced, republished,
copied, transmitted, or distributed in any form or by any means, without the
express written permission of United Power, Incorporated.
2. Changes
to Site and These Terms and Conditions
2.1. This Site and these Terms and
Conditions may be changed by United Power, Incorporated with or without notice.
Please review this link on a regular basis for changes. Continued use of this
Site following any change constitutes your acceptance of the change. This Site
may contain references or cross references to United Power, Incorporated’s
products and services that are not available in every state or country.
3. Conduct
3.1. As a condition of your use of this
Site, you represent and warrant that you shall not use the Site for any purpose
that is unlawful or prohibited by these Terms and Conditions. In doing so, you
agree to be solely responsible and liable for your acts or omissions arising
from or related to the Site. By ways of example, and not as a limitation, you
agree not to use the Site to:
3.1.1. Attempt
to gain unauthorized access to the Site, other accounts, computer systems or
networks connected to the Site;
3.1.2. Defame,
abuse, harass, stalk, threaten or otherwise violate or infringe the legal
rights of others;
3.1.3. Interfere
with or disrupt the Site networks or servers;
3.1.4. Interfere
with another individual's or entity's use and enjoyment of the Site; Publish,
distribute or disseminate any harmful, inappropriate, profane, indecent,
unlawful, immoral or otherwise objectionable material, information, or
communication; or
3.1.5. Transmit
or upload any material to the Site that contains viruses, trojan horses, worms,
or any other harmful or potentially harmful or deleterious programs.
3.2. Notwithstanding United Power,
Incorporated's right to monitor and use information, United Power, Incorporated
has no obligation to monitor your use of the Site or retain the content of any
of your sessions on our Site. You shall immediately notify United Power,
Incorporated of any breach of the Terms and Conditions.
4. Disclaimers
4.1. THIS SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS AND MADE AVAILABLE TO USERS AT UNITED
POWER INCORPORATED’S SOLE DISCRETION. UNITED POWER, INCORPORATED EXPRESSLY
DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH REGARD TO THE SITE.
5. United
Power, Incorporated disclaims all responsibility for any loss, injury, claim,
liability, or damage of any kind resulting from, arising out of, or in any way
related to:
5.1. any errors in or omissions from this
Site, including but not limited to technical inaccuracies and typographical
errors;
5.2. any third party websites or content
therein directly or indirectly accessed through links in this Site, including
but not limited to any errors in or omissions therefrom;
5.3. the unavailability of or termination
of your use of this Site or any portion thereof;
5.4. your use of this Site, or
5.5. your use of any equipment or
software in connection with this Site.
6. Governing
Laws in Terms of Dispute; Jurisdiction
6.1. These
Terms and Conditions shall be governed by and construed in accordance with the
laws of the State of Georgia, USA, as they apply to agreements made and solely
performed therein. Disputes arising hereunder or in any way related to this
Site shall be exclusively subject to the jurisdiction of the Federal Courts of
the United States of America and/or the State and Superior Courts of Georgia, and
jurisdiction therefore shall rest solely in the State of Georgia, USA.
6.2. Limitation of Liability
6.3. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN
ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE,
INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF SUCH COVERED PARTY.
"Covered Party" means United Power, Incorporated, its affiliates, and
any officer, director, employee, subcontractor, agent, successor, or assign of
any of them.
7. Links
7.1.1. United
Power, Incorporated permits links to this Site provided:
7.1.2. you
do not remove or obscure, by framing or otherwise, any content, including but
not limited to the copyright notice and other notices,
7.1.3. you
do not directly or indirectly cause any portion of this Site to appear on a
user's computer screen with any material (e.g. URL, text, graphics, pop-up
window, audio or other) supplied by or associated with you or a third party,

