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Conditions of Use

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,

7.1.4. you give United Power, Incorporated notice of all such links by sending an e-mail to sales@UnitedPowerInc.com, and

7.1.5. you immediately discontinue providing links to this Site if so requested by United Power, Incorporated. 

8. Links to Third Party Sites

8.1. United Power, Incorporated may provide links to third party web sites to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that United Power, Incorporated sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected on that third party web site. United Power, Incorporated does not assume any responsibility for the:

8.1.1. content of, technology implemented by, products or services on, or privacy practices of third party sites and all use is at your own risk.

9. Privacy

9.1. Although United Power, Incorporated may monitor the Site and your use of it, the information it gathers from such activities is used, retained, reviewed, and disclosed for our own business purposes. Typically the types of information United Power, Incorporated may gather include:

9.1.1. information given voluntarily while using a feature of this Site, for example, during a registration process;

9.1.2. information gathered as a result of voluntary participation in a survey or poll, or when communicating with our webmaster or customer service personnel; and

9.1.3. information gathered automatically when users visit our Site, such as by records recorded on our server logs by use of cookies.

9.2. United Power, Incorporated uses such information for the following general purposes:

9.2.1. to customize content delivered to you;

9.2.2. to contact and provide service to you as well as improve the overall delivery of United Power, Incorporated's products and services; and

9.2.3. to conduct research for other purposes related to United Power, Incorporated's business.

9.3. All information gathered by or that you provide to United Power, Incorporated through this Site or via communications with you is not confidential or private and will be considered United Power, Incorporated's property and may be used by United Power, Incorporated without further notice or compensation to you.

10. Entire Agreement; Severability

10.1. These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

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