Web Site Use Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS (“TERMS OF USE”) CAREFULLY. BY ACCESSING OR VIEWING THIS WEB SITE (“SITE”) AND ANY PAGES THEREOF, YOU/USER AGREE TO BE BOUND BY THE TERMS OF USE. COPIA POWERTM AND ITS AFFILIATES (COLLECTIVELY, “COMPANY”) EXPRESSLY RESERVES THE RIGHT TO MODIFY THESE TERMS OF USE AND/OR SITE AT ANY TIME. IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS OF USE; AND YOUR CONTINUED USE OF THIS SITE SHALL CONCLUSIVELY CONSTITUTE YOUR ACCEPTANCE OF THE TERMS OF USE AND ANY MODIFICATIONS THEREOF. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS THIS SITE, OR ANY PAGES THEREOF.
By accessing the Site, you acknowledge that you have read these Terms of Use, including our Privacy Policy, understand them, and agree to be bound hereby.
1. General
Access to certain areas of this Site shall be permitted only to authorized individuals who have valid login information and a password. You are responsible for the use of your login and password, and therefore, you must take appropriate steps to protect them from unauthorized disclosure. If you become aware of any unauthorized disclosure or access, you must immediately advise COMPANY. Further, by using or accessing this Site generally, you are representing that you are permitted to view and use such materials as provided in this Site. You may not violate or attempt to violate the security of the Site. Tampering with any portion of the Site, providing untruthful or inaccurate information, misrepresenting your identity, or conducting fraudulent activities on the Site, whether or not through the use of agents, are prohibited and constitute a breach of these Terms of Use. This site is intended to provide general information regarding the services and/or products offered by COMPANY and does not constitute advisement with respect to any particular service, product, investment, or financial advice.
2. Intellectual Property
This Site and all its content, including all trademarks, service marks, trade names, logos, text, materials, and other information (“Intellectual Property”), are the exclusive property of COMPANY and/or their respective owners. Any other third party Intellectual Property used in this Site is owned by their respective owners, and COMPANY makes no representations of any kind with respect to such third party Intellectual Property. Nothing in this Site shall be deemed to convey upon you any right, title, or interest in any Intellectual Property except for the right to view and/or use the same pursuant to these Terms and of Use. Any unauthorized use of any Intellectual Property may constitute an infringement under applicable laws for which you shall be solely liable.
Except as expressly permitted in writing, no information or materials provided on the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way to third parties. You may, for your own internal use only, download any information or materials displayed on this Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, report or use the content of this Site for public or commercial purposes, including the text, images, and/or audio and video, without COMPANY’s prior written permission.
This Site may contain links to other websites and/or other third party content. This is provided solely for your convenience and COMPANY does not review or monitor any third party websites linked from or to the Site and does not make any representations or warranties with respect to such third party websites and/or information. If you decide to access the linked third party website, you do so at your own risk. COMPANY shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. The inclusion of these links does not imply any endorsement, representation or warranty by COMPANY with respect to any such website or the content or services contained through such websites.
3. Shared Information and/or Content
The Site may allow you to upload, submit, or transmit postings, messages, text, files, images, graphics, photos, audio clips, sounds, video, or other materials, including such materials that may contain personally-identifiable information (collectively, the “Content”). By uploading, submitting, or submitting such Content to or through the Site at any time, you agree that you shall be at all times solely responsible for all Content that you post, email, or otherwise make available through the Site, including all information provided to Us. By uploading or otherwise posting any Content on the Site, you expressly represent, warrant, and covenant that: (i) you own or otherwise have all necessary rights or permission, including but not limited to copyrights, to the Content you provide and the rights to use it as provided in these Terms of Use; (ii) all information you provide is true, accurate, current, and complete, and does not violate these Terms of Use; (iii) the Content will not cause injury to any person or entity; and (iv) you shall not disparage, threaten, or otherwise harass anyone.
You agree not to upload, transmit, distribute, or otherwise publish in or on the Site, any Content that is illegal or otherwise harmful, including, without limitation, Content that: (i) is libelous, defamatory, obscene, pornographic, abusive, threatening; (ii) represents a personal attack against or an invasion of the privacy of any individual; (iii) infringes the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; and/or (iv) advertises any goods or services or solicits any funds. We may, at any time, refuse or remove any Content without notice to you. However, we shall have no obligation to monitor Content, and you agree that we will not be liable for any loss or damage arising out of or relating to any Content or the uploading or submission of such Content to the Site.
By uploading or providing any Content, you grant to us a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of all Content, including your name, voice, and likeness in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your Content. The foregoing shall not, however, include any personally-identifiable or financial information.
4. Disclaimers and Limitation of Liability
COMPANY makes no warranties or representations as to the accuracy of this Site or any information or materials provided herein. Under no circumstances shall COMPANY, its officers, directors, managers, employees, contractors, or any party involved in creating, producing, or delivering the Site be liable to you or any third party for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this Site, even if an COMPANY authorized representative has been advised of the possibility of such damages. Further, COMPANY shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.
THE SITE AND ALL OF ITS CONTENTS ARE MADE AVAILABLE BY COMPANY "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND EXPRESSLY DISCLAIMED. COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET ANY USER’S REQUIREMENTS. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENTS AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENTS MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME IN THE SOLE DISCRETION OF COMPANY. COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY SITE REFERRED OR LINKED TO HEREIN IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
COMPANY ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENTS. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENTS, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
5. Indemnification
You agree to defend, indemnify and hold COMPANY and its directors, officers, members, partners, principals, employees, agents and representatives harmless from any and all claims, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, arising in any way from (i) your use of the Site, or (ii) your breach or violation of law or any of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense at your own cost and risk.
6. Notices of Copyright Infringement
We will respond to notices of alleged copyright infringement that comply with applicable law and this section of these Terms of Use. In accordance with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any content accessible on the Site infringes your copyright, you may request removal of that content from the Site by submitting written notice, with your physical or electronic signature, to our Copyright Agent designated below that includes the following information (the “DMCA Notice”):
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
• Identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
• Information by which we can contact you (including your name, postal address, telephone number and e-mail address);
• A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent or the law (e.g. is not a “fair use”);
• A statement that the information in the written notice is accurate; and
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
DMCA Notices may be sent to us at . If you knowingly materially misrepresent that any Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
7. Miscellaneous
COMPANY may collect certain aggregate and non-personal information when you visit the Site. We may collect this information through "cookie" technology. Cookies may enhance your online experience by saving your preferences while you are visiting a particular site.
These Terms of Use shall be governed by and construed in accordance with the laws of the state of []. You agree that any dispute or action at law or inequity arising out of or relating to these Terms of Use or your use of the Site shall be commenced only in the state or federal courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any such dispute or action.
Nothing contained in these Terms of Use is intended to modify or amend any other written agreement you may have with COMPANY, if any, that may currently be in effect. In the event of any inconsistency between these Terms of Use and any Other Agreements, the other Agreements will govern.
No waiver by COMPANY of any right under or term or provision of these Terms of Use will be deemed a waiver of any other right, term or provision of these Terms of Use at that time or a waiver of that or any other right, term or provision of these Terms of Use at any other time. If any provision of these Terms of Use is found to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use represent and constitute the entire agreement between COMPANY and you relating to the subject matter discussed herein.
If you have any questions about this Site or these Terms of Use, you may contact COMPANY at the following address:
Termination
These Terms of Use are effective until terminated by COMPANY, provided that you may terminate the Terms of Use at any time by destroying all information and materials obtained by you or on your behalf from the Site and all related documentation, copies, and installations whether made under these terms or otherwise. Such termination by you will not be effective if COMPANY, in its sole discretion and without notice to you, determines that you failed to comply with any term or condition stated herein. Upon termination of these terms you must destroy all information and materials obtained by you or on your behalf from the Site and all associated documentation, copies, and installation whether made under these terms or otherwise.