EI Terms of Service

Acceptance of Terms
Energy Innovations, Inc. ("Energy Innovations, Inc.") provides access to this web site ("energyinnovations.com or "Site") and the other services provided by Energy Innovations, Inc., either in whole or in part, through the Internet subject to your acceptance of the following Agreement ("Agreement") which may be updated by Energy Innovations, Inc. from time to time. By becoming a Visitor (as defined herein) of the energyinnovations.com Site, you agree to be bound by the terms of this Agreement. This Agreement was last revised on April 28, 2008. You can review the most current version of this Agreement at any time at www.energyinnovations.com/terms.html. When using a particular Energy Innovations, Inc. service you also may be subject to any posted guidelines, rules, terms of service, policies or other contractual provision as noted. In the event of a conflict between any other agreement, rule, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact Energy Innovations, Inc. at info@energyinnovations.com before using this Site.
Types of Visitors
Any person or entity (through its agents) accessing, browsing, or otherwise using the Site or using Services (as defined below), either manually or via an automated device or program, shall be deemed a "Visitor" under this Agreement. All Visitors are bound by the terms of this Agreement. All Visitors have access to the home page of the Site. Energy Innovations, Inc. and any Visitor shall be deemed "Parties" to this Agreement.
Description of Site and Services
Energy Innovations, Inc. develops and commercializes alternative methods of creating cost effective, grid-competitive solar electric power. You may learn more about Energy Innovations, Inc.'s Products and Services by reviewing our Product information at www.energyinnovations.com/products.
Acceptable and Lawful Use of Site
Any contact information, computer information, or other information a Visitor provides to Energy Innovations, Inc. in connection with the use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and (f) shall not create liability for Energy Innovations, Inc. or cause us to lose (in whole or in part) the services of our suppliers. Visitors shall comply will all applicable laws, statutes, ordinances and regulations regarding use of the Site.
License Granted
Visitor grants Energy Innovations, Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright and publicity rights Visitor has in Personally Identifiable Information and other Information (as defined in Energy Innovations, Inc.'s Privacy Policy located at www.energyinnovations.com/privacy.html) provided to Energy Innovations, Inc. by Visitor, in any media whether now known or hereafter to become known. Energy Innovations, Inc. will only use Personally Identifiable Information and such other Information in accordance with its Privacy Policy located at www.energyinnovations.com/privacy.html.
No Endorsement of Content
Energy Innovations, Inc. makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on the Site. Energy Innovations, Inc. does not control the quality, safety, truth or accuracy of the content and makes no representation thereof. Energy Innovations, Inc. shall have no obligation to review the Site's content.

www.energyinnovations.com may contain hyperlinks to third party web sites outside of the Site. Energy Innovations, Inc. makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any content posted on those third party web sites. Energy Innovations, Inc. has no control over the content of any hyperlinked third party web sites and shall have no obligation to review those sites' content.
Relationship
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between Visitors and Energy Innovations, Inc. This Agreement is between the Visitor and Energy Innovations, Inc. and is not intended to be for the benefit of any third party.
Privacy Policy; Email
Visitors agree that they have read and understand the terms of Energy Innovations, Inc.'s Privacy Policy at www.energyinnovations.com/privacy.html which is hereby incorporated into this Agreement by reference. Visitors acknowledge that the Site may link to other sites not controlled by Energy Innovations, Inc. and that the collection of a Visitor's data by these sites is outside the scope of Energy Innovations, Inc.'s control. Energy Innovations, Inc. reserves the right to monitor a Visitor's use of the Site. Visitors acknowledge that by providing contact information, they consent to receipt of certain emails from Energy Innovations, Inc. in connection with the use of the Site and Services.
System Integrity
Visitors may not use any device, software or routine to interfere with the proper working of the Site. Visitors may not use any method to intercept or expropriate any system data or information from the Site without the express written permission of Energy Innovations, Inc.. Visitors may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (ie: "Spam").

Visitors shall not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without the prior expressed written permission of Energy Innovations, Inc. Information on the Site is frequently updated and is proprietary or is licensed to Energy Innovations, Inc. Visitors agree that they will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our web site without the prior expressed written permission of Energy Innovations, Inc. and the appropriate third party.
System Outages
Energy Innovations, Inc. periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Energy Innovations, Inc. shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
No Warranty
Energy Innovations, Inc. PROVIDES OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Energy Innovations, Inc. AND OUR SUPPLIERS AND BUSINESS ASSOCIATES SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. VISITOR ASSUMES TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Energy Innovations, Inc. MAKES NO WARRANTY THAT THE SITE WILL MEET VISITORS' REQUIREMENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES Energy Innovations, Inc. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A VISITOR FROM Energy Innovations, Inc. SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Other Limitations of Liability
IN NO EVENT WHATSOEVER SHALL Energy Innovations, Inc. OR ITS AUTHORIZED REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (HOWEVER ARISING IN TORT, CONTRACT, OR OTHERWISE) REGARDLESS OF OUR NEGLIGENCE OR WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL Energy Innovations, Inc.'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE LESSER OF ANY FEES PAID TO US FOR USE OF THE SITE BY THE VISITOR, OR $500. Energy Innovations, Inc. NEITHER ASSUMES, NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SITE AND SERVICES. The limitations of liability provided in this Agreement inure to the benefit of Energy Innovations, Inc., our affiliates and to all of our respective officers, directors, employees, attorneys and agents.
Indemnification
Visitor agrees to indemnify, defend and hold harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from Visitor's (directly or through its agents) use of the Site or Services provided hereunder by Energy Innovations, Inc.; Visitor's breach of any provision of this Agreement or any intentional wrongdoing by Visitor. Any such indemnification shall be conditioned on Energy Innovations, Inc.'s: (a) promptly notifying the indemnifying party in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with the indemnifying party in the defense or settlement thereof; and (c) allowing the indemnifying party to control such defense or settlement. Energy Innovations, Inc. shall be entitled to participate in such defense at its own cost and expense. Energy Innovations, Inc. reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.
Termination
Energy Innovations, Inc. may immediately issue a warning, suspend or terminate a Visitor's access to the Site for breach of this Agreement, (or any agreement incorporated by reference hereto), or if we are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion.
Intellectual Property

Generally
All pages within the Site are the property of Energy Innovations, Inc. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Energy Innovations, Inc.. A Visitor may not, and this Agreement does not give a Visitor permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site and Data. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. A Visitor may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement with respect to the Site are reserved by Energy Innovations, Inc.
Trademark Notice
The Energy Innovations, Inc. logo is a trademark of Energy Innovations, Inc.. Any other trademarks and/or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks in Visitor. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on this Site, without the express written permission of Energy Innovations, Inc. or the trademark owner.
Policy Regarding Copyright Infringement and Designated Agent
Energy Innovations, Inc.'s policy regarding copyright infringement and Energy Innovations, Inc.'s designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act is incorporated herein and can be found at www.copyright.gov/onlinesp/list/c_agents.html.
Linking to the Site
Unless a Visitor has a written agreement in effect with us which states otherwise, Visitor may only provide a hyperlink to the Site on another web site, if you comply with all of the following: (a) the link must be a text-only link clearly marked "energyinnovations.com" or "www.energyinnovations.com"; (b) the link must "point" to the URL "http://www.energyinnovations.com" and not to other pages within the Site; (c) the link, when activated by a Visitor, must display the Site full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. Energy Innovations, Inc. reserves the right to revoke its consent to any link at any time in its sole discretion.
Government End Users
This subsection 17(E) applies only if the Services are acquired by or on behalf of a department or agency of the U.S. Government. The Services are a trade secret of Energy Innovations, Inc. for all purposes under the U.S. Freedom of Information Act. The Services are commercial items or processes developed wholly at private expense and are provided with the limited rights described in the DOD Supplement to the Federal Acquisition Regulation ("DFARS") at section 227.7102-2(a) ("Limited Rights"). More specifically, Limited Rights means that the U.S. Government may use, modify, reproduce, display, perform, or disclose any Services acquired from the Site only within the Government. The Services may not be released, or disclosed to, or used by, third parties without Energy Innovations, Inc.'s written permission. Further, the use, duplication, or disclosure is subject to restrictions as set forth in subparagraph (b)(2) of the "Technical Data - Commercial Items (Nov. 1995)" clause at DFARS 252.227-7015. Government personnel using the Services or Data, other than under a DOD contract, agreed that use of the Services are subject to restrictions that are the same as, or similar to the Limited Rights specified above.

Notices to Energy Innovations, Inc.
Notices to Energy Innovations, Inc. shall be sent to customersupport@energyinnovations.com or, if by certified mail, to Energy Innovations, Inc., 130 West Union Street, Pasadena, California 91103.
Electronic Signatures
Visitors and Energy Innovations, Inc. agree that any document or record, including this Agreement, which is transmitted or received by electronic transmission by either party shall be treated in all manner and respects as an original signed document where sufficient indicia of acceptance by the respective party exists. Accessing the Site constitutes acceptance of this Agreement by the Visitor. The Visitor and Energy Innovations, Inc. further agree that by entering into this Agreement they shall agree to accept electronic signatures or other reasonable electronic indicia as effective forms of acceptances. Such indicia of acceptance shall be considered for these purposes as an original signature and any such electronic transmission shall be considered to have the same binding legal effect as an original signed document. Visitor agrees that Visitor shall not raise electronic transmission or electronic signatures as a defense to this Agreement or the binding nature thereof or in any matters related to the Agreement, and Visitor agrees to waive such defense.
Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any suit relating to this Agreement or the Site shall be brought exclusively in the federal or state courts of California and both Parties consent to the jurisdiction thereof.
Severability
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforcability shall not affect any other provision contained in this Agreement.
Headings
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
No Waiver
The delay or failure of Visitor or Energy Innovations, Inc., at any time or times, to require performance of any provision hereof shall in no manner affect Visitor or Energy Innovations, Inc.'s right at a later time to enforce such provision. No delay or failure of Visitor or Energy Innovations, Inc. in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder.
Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference, including but not limited to the Privacy Policy, constitute the entire agreement between Energy Innovations, Inc. and you, the Visitor, pertaining to the subject matter hereof.

In its sole discretion, Energy Innovations, Inc. may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting on the Site. Any amended or modified terms will be effective upon posting. Continued use of the service constitutes acceptance of any modified terms and conditions. Visitor shall regularly review the Agreement that is posted at Terms & Conditions www.energyinnovations.com/terms.html. If you have any questions about the Agreement, contact us at privacy@energyinnovations.com.
Assignment
Visitors may not assign their rights or delegate their responsibilities hereunder without the express written permission of Energy Innovations, Inc. Energy Innovations, Inc. may, at any time, assign its rights or delegate its obligations hereunder without notice to Visitor.
Third Party Beneficiary Rights
No person not a Party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a Party to this Agreement shall have any right to enforce any term of this Agreement.
Inquiries
The Site and any content are offered by Energy Innovations, Inc. Energy Innovations, Inc. is located at 130 West Union Street, Pasadena, California 91103. Anyone wishing a copy of this Agreement may obtain such by writing Energy Innovations, Inc., accessing the Site, or emailing info@energyinnovations.com. Questions concerning Energy Innovations, Inc., the Site, the Services, or any aspect of this Agreement should be directed to Energy Innovations, Inc.