Conditions of Use
The Stored Energy Systems Web site is owned and provided by Stored Energy Systems, a Limited Liability Company from its offices in Longmont Colorado. For purposes herein, Stored Energy Systems, a Limited Liability Company is referred to as “SENS.” The applicable Web site or sites are referred to herein as the “Site.” Please feel free to browse the Site; however, your access to and use of the Site is subject to these Terms and all applicable laws.
You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense.
The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively “Materials”) which are derived in whole or in part from information and materials supplied by SENS and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws. SENS owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of SENS’ or such other sources’ copyright, trademark and other proprietary rights and may violate other laws.
Products and Services
SENS’ obligations and responsibilities regarding its products and services are governed solely by SENS’ terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from the applicable SENS entity.
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND. SENS DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY MATERIALS OR INFORMATION CONTAINED ON
THIS SITE. NOR DOES IT WARRANT OR REPRESENT THAT ANY INFORMATIONMAY BE SUITABLE FOR USE IN ANY CIRCUMSTANCE OR APPLICATION.YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS OR INFORMATION SHALL BE AT YOUR SOLE RISK.
SENS may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-SENS Web site does not mean that SENS endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. SENS makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that SENS is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of SENS.
Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of SENS. SENS SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Limitation of Liability UNDER NO CIRCUMSTANCES, SHALL SENS OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING COMPENSATORY DAMAGES, LOST PROFITS, LOST DATA, OR ANY FORM OR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT OR WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY WEB SITES LINKED TO THE SITE, THE SITE SERVICES OR ANY USER SUBMISSIONS. YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE. IN ADDITION TO THE FOREGOING LIMITS, IN NO EVENT WILL SENS’ OR ANY OF ITS AFFILIATES’ AGGREGATE LIABILITY EXCEED $100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT EXPAND THESE LIMITS. IN NO EVENT MAY A CLAIM OR CAUSE OF ACTION BE BROUGHT AGAINST ANY SENS OR ANY AFFILIATE OF SENS MORE THAN TWO YEARS AFTER THE CLAIM OR CAUSE OF ACTION AROSE
Information Provided By You
It has been and remains SENS’ policy not to accept or consider ideas, suggestions or materials other than those that SENS has specifically requested from you. Accordingly, SENS does not want you to, and you should not, send any confidential or proprietary information to SENS through the Site unless specifically requested by SENS. Please note that any unsolicited
information or material sent to SENS will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to SENS (or warrant that the owner of such information and material has expressly granted to SENS) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that SENS is free to use any ideas, concepts, know-how, or techniques that you send SENS for any purpose.
As further provided above, SENS does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to SENS that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable and shall indemnify SENS for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
SENS reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, SENS is under no obligation to update Materials. SENS may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change SENS makes to the Site will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
Governing Law; Venue
These Terms shall be governed by the laws of the State of Colorado. All legal proceedings arising out of, or in connection with, these Conditions of Use shall be brought solely in a court of competent jurisdiction located in Boulder County or Denver County, Colorado.
Stored Energy Systems, the SENS logo, MicroGenius, and EnerGenius are registered trademarks of Stored Energy Systems, LLC. PowerCab, CommsGenius, and Dynamic Boost are trademarks of Stored Energy Systems, LLC
These Terms constitute the entire agreement between SENS and you with respect to your use of the Site. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.