CleanTech Docs Terms Of Use
All users must read and agree to the Terms of Use before completing a CleanTech Docs purchase. Our legal templates should only be used after first consulting with an expert knowledgeable in the laws of the applicable jurisdiction and specific intended use of the contract(s). Please establish a client relationship with an attorney prior to using our template(s).
YOUR AGREEMENT
By clicking on the link, you understand and agree that the purchase, download and/or use of the legal contract template(s) provided by or through this website does not create an attorney-client relationship with Avanti Cleantech, Inc. DBA CleanTech ("CleanTech Docs"). CleanTech Docs is not a law firm and no attorney-client relationship exists between you and CleanTech Docs. An attorney-client relationship only begins when there is a mutual understanding that a client is going to confide in the attorney and the attorney is going to listen. Neither CleanTech Docs nor any attorney in our strategic alliance program, is monitoring or advising you on what contract/template to purchase or the facts for which you are purchasing the contract/template(s). No guarantees about accuracy, quality or legal correctness of the contract/templates are made or inferred by their offer for sale or sale on this website. There is no guarantee that the legal contract/template that you have selected is appropriate for the use you wanted regardless of anything to the contrary.
These terms of service ("Terms") cover your use of and access to the contract and legal templates, software, and website (collectively, "Services") provided by CleanTech Docs (hereafter, “Company”) to offer businesses in the CleanTech Industry contract templates for purchase on this website. Regardless of how you are accessing or have accessed the Services, whether through the internet web site located at www.cleantechdocs.com, an attorney's site who is in our strategic alliance program, or on a mobile device, smart-phone, tablet, reader, application or app, software, tangible services medium (including a dvd or flash drive), Facebook, Linked-In, Twitter, a video service, or any other device or method now known or developed in the future (collectively, “the Website”), these Terms govern your viewing and using of all Services. These Terms are a legal contract between Company and you or if you are using or making a purchase from Company on behalf of any entity, including a company, organization, or trust, no matter the legal form of the entity, (hereafter, each individually “entity”), then you represent and warrant that you are an authorized representative of such entity with the authority to bind such entity to these Terms, and agree to be bound by the Terms on behalf of the entity. As used herein, the words "you,” “your,” “user,” and "users," whether in uppercase, lowercase, or a combination thereof means the person creating an account and/or purchasing or using the Services. By using the Services, you agree to be bound by these Terms and the Privacy Policy.
You must be the legal age of majority in your state of residence and able to form a binding contract with Company in order to use the Services. In no event is use of the Services permitted by those under the age of 13.
If you are under the age of 18, your parent or legal guardian must enter into this agreement on your behalf.
If you are under the age of 18, you affirm that by your continued or future use of any of the Services, your parent or legal guardian has first agreed to the Terms, including as amended, on your behalf.
If you do not agree to or with any and each and every of the terms in these Terms, exit or close the Website and cease using any Services immediately and do not access or otherwise use any Website, Services, or any information contained therein. Your use of the Website and Services, including any information contained on or through any Website or Services, shall be deemed to be your agreement to abide and be bound by each of the Terms set forth herein. You acknowledge that you have read and understood, and agree to be bound by, the Terms.
In addition to the above, you acknowledge and agree to any and each and every of the terms, as follows:
1. Generality of Forms. The Services are general in nature and may require modifications or may not be suitable for your intended purpose. Prior to using the Services, please consult with an attorney or other expert knowledgeable about your specific intended use and the laws of the applicable jurisdiction.
2. Eligibility. The Services are not available to persons under the age of 13 or to any users previously suspended or removed from any Website by the Company. By downloading, installing, accessing, or otherwise using any Website or Services, you represent that you are at least 13 years of age and that your account with the Company has not been previously suspended or removed. The Services accessed on, through or from any Website may not be resold or relicensed.
3. Relationship With Attorneys in Listed on Our Site. We work closely with certain attorneys who meet our criteria for years of experience in cleantech law and other attorneys to reach a broader audience and to utilize their cleantech law expertise. Those attorneys are licensed attorneys who provide legal advice, however, your use of our Services does not create an attorney-client relationship with any attorney. Our Services are intended to be a starting point for individuals and businesses to self-select and modify on their own prior to engaging legal counsel. Therefore, the purchase, use, selection, and/or offer of these Services does not create an attorney-client relationship with any other attorneys. If you desire to establish an attorney-client relationship with an attorney please contact them directly. The Services provided by the Company through this Website are provided for your private use and do not constitute legal advice. No lawyer is reviewing any information you provide to us either before, during or after the Services purchase process for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your request, regardless of whether you have sent an email or telephone inquiry at any time. If you need legal advice, including a contract or legal template, for a specific problem, you should call or email an attorney to arrange setting up a consultation so that an attorney-client relationship can be created. The Services provided by the Company are not a substitute for receiving legal advice from a qualified attorney licensed to practice in the appropriate jurisdiction. Your use of the Services does not create an attorney-client relationship between you and any attorney or representative. Unless you are otherwise represented by an attorney, you represent yourself in any legal matter you undertake through the Services.
4. Limited Offer for Attorney Introduction. Our offer to connect you with an industry-leading attorney is specifically limited by the terms contained in this section and the other restrictions contained in these Terms. The offer is available only with certain attorneys who meet our criteria for years of experience in cleantech law. CleanTech Docs is not a law firm and does not provide legal services. No attorney-client relationship is created with CleanTech Docs by your consultation with an attorney. Only a signed client-engagement letter with the attorney you speak with establishes an attorney-client relationship between you and that attorney or firm.
5. Modification of Terms. Company may make changes to these Terms or Services at any time. Company will post its updated Terms at www.cleantechdocs.com, and you agree that you should always review them prior to using any Services. Company may change, update, and modify the Terms from time to time. If any modification to the Terms or Services is unacceptable to you, you shall cease using the Website and Services right away. If you do not cease using the Website and Services, you will be conclusively deemed to have accepted the change(s). Except as stated elsewhere, all amended Terms shall automatically be effective as soon as they are initially posted and/or sent to users, except if the Company states that it is giving advance notice of any amended term to be effective on a future date. Please check the Terms periodically for changes. Except as posted by the Company to www.cleantechdoc.com, this Agreement may not be otherwise amended, and no terms may be waived by Company, except in a writing, hand signed by pen on paper (or as set forth below) by you and an authorized representative of Company. For purposes of this provision, a "writing" does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature.
6. Notice. Company may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on or through any Website. Notice will be deemed given after an email is sent. Company may also give you legal notice by mail to a postal address, if provided by you. In such case, notice will be deemed given four days after the date of mailing. Notice posted on or through any Website is deemed given upon the initial posting, even if there is also notice given in any other way. Company is not obligated to provide notice of amendment to the Terms. The making available or posting of the Terms on any Website without more is deemed and agreed to be sufficient notice of amendment(s). When you visit a Website or send Company e-mails, you are communicating with Company electronically. You consent to receive communications from Company electronically. Company will communicate with you by e-mail or by posting notices on any Website. You agree that all agreements, notices, disclosures, and other communications that Company provides to you electronically satisfies any legal requirement that such communications be in writing. You agree to provide Company with, and maintain in your Company account profile, your current and active email address.
7. License Grant.
a. Grant of License. CleanTech Docs is providing or making available the Services through its Website. The information, documents, works, products, offerings, and services provided on and through a Website, including services, logos, graphics, and images (together, the "Materials") and the Services are provided to you by or by way of Company and are the copyrighted work or works and/or trademarks of the Company or Company’s assignees, licensors, or contributors. Services shall be deemed to exclude trademarks, logos, graphics, and images from its definition. As set forth herein, and conditional upon your agreement to the Terms, CleanTech Docs grants you a limited, personal, non-exclusive, revocable and non-transferable license to use, display, print, download, and save the Materials and Services solely for your own personal or business use as CleanTech Docs intends for them to be used. You may modify, edit, reproduce, alter, and use the Services for your personal use or for business use. You must purchase a separate license for and in connection with the re-use or re-purposing of any Services for or in connection with each third party you advise or supply any Services to, whether re-purposed or modified or not, if your business involves advising any third party about any of the matters in any Services. You must notify each such third-party in writing that he, she, or it may not resell, re-license, republish, distribute, or transmit any aspect of any Services.
b. Exclusions. The limited license provided herein excludes the rights and acts set forth, as follows:
(i) You do not and will not have any right to resell, re-license, republish, distribute, or transmit any aspect of any Services, except to the extent that your business involves advising any third party about any of the matters in any Services, and in such case you then must purchase a separate membership or license for and in connection with the allowable re-use or re-purposing of any Services for or in connection with each third party you advise or supply any such Services to, whether re-purposed or modified or not. If you have purchased such license(s), you may then utilize such Services in providing advice to each such third party in providing your services. You may not resell any Services at a profit, however, you may charge for your services. For clarification, you may not take a form document and sell it at a profit having filled in blanks or made minor modifications to fit the needs and purposes of the third party you are advising, however, you may possibly utilize such form document in providing professional services to such third party.
(ii) If the terms of any license have changed by becoming more restrictive, you must comply with the more restrictive terms, including in relation to any Services licensed earlier. You must also notify each such third party in writing that he, she, or it may not resell, re-license, republish, distribute, or transmit any aspect of any Services;
(iii) You do not and will not have any right to use the Services or any aspect thereof to develop as a component of any information, storage and retrieval system, database, information base, or similar resource (in media or technology now existing or later developed) that is offered for commercial use or distribution of any kind, including through sale, license, lease, rental subscription, or any other commercial distribution mechanism;
(iv) You do not and will not have any right to create compilation or derivative works of any Services in any manner that may infringe on any copyright, intellectual property right, proprietary right, or any property right of the Company or any third-party;
(v) You may not remove, change, or obscure any copyright, trademark, confidentiality notice, or other proprietary notice, or terms of use, contained in, on, or through any Services or Website;
(vi) You do not have the right to make any aspect of the Services or Website available through any timesharing system, service bureau, the internet, or any other technology now existing or later developed and Company may utilize digital rights management technologies, including those that limit the number of times that you may transfer or print any aspect of any Services;
(vii) No Services, or aspects thereof, may be resold, redistributed, relicensed, reproduced, or made available on any site, web-page, blog, or other method;
(viii) You may not reverse engineer any aspect of the Services or any Website;
(ix) Except as stated herein, you acknowledge that you have no right, title, or interest in or to any Website or Services; and
(x) Except for the license set forth herein, and except possibly for fair use rights or defenses, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works, alter, enhance, or in any way exploit any of the Services in any manner.
c. Termination. This limited license terminates automatically, without notice to you, if you breach any term, condition, covenant, agreement, warranty, or representation of the Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Services and all copies thereof, including backup or archival copies.
d. Prevention of Unauthorized Use. Company reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of Services and any Website, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use. Company reserves the right to monitor your use of any Website to ensure compliance with this Agreement. If Company, or its affiliates, or assignees, in their sole and unfettered discretion, determine that you are not in compliance with these Terms, Company reserves the right to take such action deemed necessary to resolve the matter.
8. Services Disclaimer. You understand and agree that when using a Website and the Services that Company is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to Services. You further understand and acknowledge that you may be exposed to Services that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Company, and its officers, employees and agents with respect thereto. Company expressly disclaims any and all liability in connection with the Services. If notified that the Services allegedly do not conform to these Terms, Company may investigate the allegation and determine, in its sole and unfettered discretion, whether to remove the Services, which it reserves the right to do at any time and without notice. Company does not permit copyright infringing activities.
Pursuant to 47 U.S.C. Section 230(d), as amended, Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by using search engines to search for "parental control protection," for example. See the Privacy Policy for additional information.
You understand and agree that all aspects of the Website and Services or other information provided by or through the Website are for informational purposes only. Your use of any information, or any aspect of any Services from or through the Website, regardless of the manner in which it is obtained, is entirely at your own risk, for which Company shall not be liable. It shall be your own responsibility to ensure that any aspect of any Services or information available from or through the Website meets your specific requirements. The Services provided by Company may be inappropriate for your particular circumstances. You understand and agree that Company is not providing legal advice by the offer, sale, use and/or purchase of the Services. You have read and agree with and to the disclaimer located here.
9. PRIVACY POLICY. Your use of the Services is governed by the Privacy Policy ("Privacy Policy"), which is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to Company’s collection, use, and disclosure of your personal information. Notwithstanding anything to the contrary in the Privacy Policy, Company or its agents may contact you, including by telephone or email, including after this Agreement (the Terms) expires or is terminated, and your agreement to the Terms constitutes your request that Company contact and communicate with you, including by traditional mail, private courier, telephone (land and mobile), email, texts, through social media such as FaceBook, Twitter, Google+, youTube, Vimeo, and various blogs. Company may report to law enforcement authorities any actions that it believes may be illegal, and any reports it receives of such conduct. When legally required or at Company's sole and unfettered discretion, Company may cooperate with law enforcement agencies in any investigation of alleged illegal activity on a Website or on the Internet, and may disclose information that it has about you.
Under certain circumstances Company may disclose the Services (documents) or Website viewed, downloaded, or printed, User account information, and other information. Those circumstances could include when someone questions or disputes a charge, transaction, or having subscribed to a Website or Service. If a credit card or account holder questions or disputes a charge we may disclose the history of Services (documents) viewed, downloaded, or printed, as well as the internet protocol (IP) addresses the purported credit card or account holder logged in to a Website from, and dates and times of logging in, and certain information pertaining to the User account, such as the email address provided by the User account holder. Company may disclose this information to: the User or credit card or account holder, if such person provides us with sufficient information for us to reasonably verify that such person is one of the actual User or credit card or account holders; someone acting on behalf of the actual User or credit card or account holder(s), if such person provides us with sufficient information for us to reasonably verify that such person is acting on behalf of the actual User or credit card or account holder(s); or Company’s transaction and payment processors and any service that facilitates Company’s transaction and payment processing. Furthermore, you should be aware that if anyone shares the User account that you use, or accesses that User account, they may be able to view what Services were viewed, downloaded, printed, uploaded, searched for, saved, emailed, forwarded, messages sent to and received from Company through that User account or while logged in to a Website using that User Account.
10. Password Restricted Areas Of Any Website. You may register for a password to log in to any Website and to use certain functions and areas within any Website. As part of the registration process, you may be asked to select a username and password. Company may refuse to grant you a username that Company believes impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by Company in its sole and unfettered discretion. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Company if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your registered account. You agree to immediately notify Company of any unauthorized use of your account or any other breach of security in relation to any Website known to you. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your username, password, or any credit, debit, or charge card number, if applicable), then you agree to immediately change your password and notify Company. you may be liable for the claims against or losses incurred by Company or others due to any unauthorized use of your account.
11. Third Party Services. Certain information and other services that is not Company’s Services, including Services available through Shopify, may be provided by third party licensors and suppliers to Company ("Third Party Services"). Third Party Services is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You acknowledge and agree that your ability or right to download, print, cache, reproduce, modify, display, distribute, (except as set forth in this paragraph), edit, alter, or enhance any of the Third Party Services in any manner might be limited or otherwise prohibited or not allowed by any reservation or Creative Commons license type associated with the Third Party Services, and in any event you may not resell, re-license, republish, distribute, or transmit any aspect of any Third Party Services unless you have permission from the owner or licensor of the Third Party Services. AS IS THE CASE WITH ALL SERVICES, YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR AND ASSUMES NO LIABILITY FOR ANY MISTAKES, MISSTATEMENTS, DEFAMATION, OMISSIONS, FALSEHOOD, OBSCENITY, PROFANITY, OR ANYTHING ELSE, IN THE THIRD PARTY SERVICES, AND COMPANY DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH REGARD TO THIRD PARTY SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Third Party Sites / Service Providers / Vendors. The Website and links within Services or communications from Company may link to other sites or Websites that are not Company sites or Websites ("Reference Sites"). Company is providing these links to you only as a convenience, and Company is not responsible for such linked Reference Sites, including, without limitation, the Services or links displayed on such Reference Sites. You agree that Company assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of your visiting any Reference Site. You understand that anything on or linked from any Reference Site does not represent the positions, opinions, etc. of Company and Company does not endorse or affirmatively support anything on or linked from any Reference Site. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
If Company mentions or links to any third party service provider or vendor, you agree that Company is not responsible for even the most trusted third party service providers/vendors. Company encourages you to determine for yourself whether any such third party service providers/vendors are right for you and your particular needs. Company is mentioning or providing links to third party service provider or vendors as a convenience, and even if Company is remunerated in some fashion, Company is not responsible for such third party service providers or vendors, including, without limitation, the goods or services they provide or Services or links displayed on or provided by third party service providers or vendors. You agree that Company assumes no liability and is not responsible at all for anything on or linked from or occurring as a result of your visiting any third party service provider or vendor site or your obtaining any information, goods, or services, from or through such third party service provider or vendor. You understand that anything on or linked from any third party service provider or vendor site does not represent the positions, opinions, or advice of Company and Company does not endorse or affirmatively support anything on or linked from any third party service provider or vendor Site. Access and use of third party service provider or vendor sites, including the information, materials, products, and services on or available through third party service provider or vendor sites is solely at your own risk.
13. Limitations and Conditions To Using the Services. You acknowledge that you, and not Company, have full responsibility for your use of the Services, including its legality, reliability, and appropriateness. You are responsible for creating and maintaining copies of any Services. Company is not responsible for creating or maintaining any such copies, and Company may remove or permanently delete any Services or other Services at any time and for any reason or no reason at all, and is not responsible for loss of Services or other Services, including, without limitation, Company’s negligent or intentional deletion of any Services. You shall be solely liable for any damage resulting from your use of the Services, including but not limited to, any infringement of copyrights, trademarks, proprietary rights, or any other claims or harm resulting from the Services after you have modified or altered them for your specific purpose.
a. No Unlawful or Prohibited Use. You can only use the Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of the Services in your jurisdiction(s) is not an invitation or offer by Company to access or use any Website or Services. By using the Services, you accept sole responsibility that you or any family member’s use of or access to the Services. To enforce this provision, Company reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.
b. Restrictions. When using any Website and/or the Services, you also agree not to, without limitation, each of the following: (i) Use the Website for any purposes other than to disseminate or receive original or appropriately licensed Services offered by Company; (ii) Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the license granted herein; (iii) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iv) Use racially, ethnically, or otherwise offensive language, including denigrating sexual orientation or gender identity issues; (v) Incite or encourage illegal activity; (vi) Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated); (vii) Impersonate any person or entity, falsely claim an affiliation with any person or entity, access website accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or Services transmitted through the Website, or perform any other similar fraudulent activity; (viii) Use the Website and/or Services for any illegal purpose or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights and data protection and privacy; (ix) Remove, circumvent, disable, damage, or otherwise interfere with DRM or security-related features of the Website or Services, features that prevent or restrict use or copying of any Services accessible through the Website, or features that enforce limitations on the use of the Website or Services; (x) Reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code of a Website or any part thereof, or DRM, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (xi) Modify, adapt, translate, or create derivative works based upon the Website or Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (xii) Interfere with or damage operation of the Website or any User's enjoyment of the Website or Services, by any means, including uploading, linking to, or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (xiii) Relay email from a third party’s mail servers without the permission of that third party; (xiv) Use any robot, spider, scraper, or other automated means to access the Website, except for accessing Company RSS feeds; (xv) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Services transmitted through the Website; (xvi) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; (xvii) Engage in any activity that generally detracts from the Company’s goodwill; (xviii) Artificially inflate or alter the ratings available on the Website or alter any comments posted by others on the Website; (xix) Create liability for Company or cause Company to lose (in whole or in part) the services of its third party services providers or suppliers; (xx) Consummate any transaction that was initiated using any Website or Service that, by paying to Company a fee, could cause Company to violate any applicable law, statute, ordinance or regulation; (xxi) Use the Services in connection with any legal matter that is frivolous, immaterial or illegal in nature, in connection with any legal matter involving an alleged violent crime, or in connection with any legal matter involving the laws of jurisdictions outside of the United States or its subdivision; and (xxii) Hack, “scrape” or “crawl” a Website whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Company has not intentionally made available to you.
This list of prohibitions provides examples and is not complete or exclusive. The Company reserves the right to (a) terminate your access to your account or your ability to access the Services and (b) refuse, delete, or remove any Services, with or without cause and with or without notice, for any reason or no reason, or for any action that Company determines in its sole and unfettered discretion is inappropriate or disruptive to a Website or to any other User of the Services. Company may report to law enforcement authorities any actions that it believes may be illegal, and any reports it receives of such conduct. When legally required or at Company's sole and unfettered discretion, Company may cooperate with law enforcement agencies in any investigation of alleged illegal activity on a Website, the Services or on the Internet. Such termination or suspension may continue so long as Company suspects the violation in question and Company will have no liability to you for such termination or suspension, including, without limitation, liability to refund any fees paid for any Services, documents, features, or subscriptions. These prohibitions do not require Company to monitor, police, or remove any information submitted by you or any other User, or monitor, police, or report any User activity.
14. Unauthorized Activities. Unauthorized use of any Website or Services contained on or available through the Website may impermissibly violate certain laws and regulations. You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners (each, an “Indemnified Party”) from and against any and all claims, costs, damages, liabilities, and expenses (including attorneys' fees and costs) an Indemnified Party suffers in relation to, arising from, or for the purpose of defending against or avoiding any claim, action, or demand from a third party that your use of a Website or the Services violates any applicable law or regulation, including the copyrights, trademark rights, or any other rights of any third party.
15. Intellectual Property Rights. Company retains all right, title and interest in and to its Website and Services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in these Terms, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any Website and Services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any Website and Services; or (iii) circumvent or disable any security or technological features of Website and Services. The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other Services found on the Website are copyright ©CleanTech Docs. All rights reserved. All trademarks, names, and logos on the Website or Services are the property of their respective owners. The trademarks, logos, and service marks displayed on the Website or Services (collectively the "Trademarks") are the registered and unregistered trademarks of the Company, its licensors, suppliers, and others. The Trademarks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company’s or in any manner that may cause confusion with or to consumers or customers, or in any manner that disparages Company or blurs, tarnishes, or dilutes the Trademarks or Company. You may not copy, imitate or use them, in whole or in part, without Company’s prior written consent. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Company’s Trademarks displayed on the Website. All goodwill generated from the use of Company’s Trademarks is reserved for the use of Company, exclusively. Nothing contained on a Website, the Services, a communication, or herein should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any Trademark without the express written permission of Company, its licensors, suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Company may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Unless otherwise specified in these Terms, all information and screens appearing on a Website, including documents, services, Website design, text, graphics, logos, images, and icons, as well as the arrangement thereof, are the sole property of Company, Copyright © 2015. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.
16. Disclaimer of Warranties, Representations and Promissory Estoppel. Please read this section carefully as it affects your rights. YOUR USE OF ANY WEBSITE, SERVICES, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS IS AT YOUR OWN RISK. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY WEBSITE OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY WEBSITE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), OR ANY ERRORS (INCLUDING OMISSIONS) IN THE SERVICES, OR FOR ANY LACK OF ACCESS TO ANY WEBSITE, OR SERVICE (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). SERVICES MAY NOT HAVE BEEN VERIFIED OR AUTHENTICATED, AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. THE COMPANY DOES NOT WARRANT THE ACCURACY, SUITABILITY, LEGAL EFFECT, OR TIMELINESS OF SERVICES CONTAINED ON OR THROUGH ANY WEBSITE. COMPANY HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY WEBSITE, OR SERVICES, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, WHETHER PROVIDED BY COMPANY OR ITS SUPPLIERS OR LICENSORS (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS).
COMPANY DOES NOT PROVIDE LEGAL ADVICE OR ANY OTHER KIND OF ADVICE, NO MATTER THE SERVICES, THROUGH ITS WEBSITE, SERVICES, OR MEANS OF COMMUNICATION. THE SERVICES ON OR THROUGH ANY WEBSITE ARE FOR INFORMATIONAL PURPOSES ONLY. SERVICES AND ALL COMMUNICATION BY OR WITH COMPANY THROUGH THE WEBSITE IS NOT LEGAL ADVICE AND IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY, OR OTHER APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL, FINANCIAL, HEALTH, MEDICAL, OR OTHER ISSUE. ALL SERVICES AND WEBSITES (AND ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) ARE PROVIDED WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING AS TO ITS LEGAL EFFECT AND COMPLETENESS. SERVICES SHOULD BE USED AS A GUIDE AND MODIFIED TO MEET YOUR OWN INDIVIDUAL NEEDS AND THE LAWS OF YOUR STATE. YOUR USE OF ANY SERVICES OR WEBSITE (AND OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) IS AT YOUR OWN RISK. COMPANY EXPRESSLY DISCLAIM ANY WARRANTY RELATED TO YOUR USE OR PURCHASE OF THE SERVICES: NO ATTORNEY-CLIENT RELATIONSHIP IS BEING CREATED OR ENTERED INTO BY PROVIDING SERVICES, OTHER INFORMATION, OR ACCESS TO ANY WEBSITE TO YOU.
COMPANY PROVIDES INFORMATION AND TEMPLATE DOCUMENTS ONLY THROUGH ITS WEBSITE. COMPANY DOES NOT PROVIDE LEGAL ADVICE OR PARTICIPATE IN ANY LEGAL REPRESENTATION THROUGH ITS WEBSITE. USE OF THE WEBSITE AND SERVICES IS NOT A SUBSTITUTE FOR AN ATTORNEY OR LAW FIRM. BY USING THE WEBSITE AND SERVICES YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH AND TO THE DISCLAIMER LOCATED IN THESE TERMS.
COMPANY, FOR ITSELF AND ITS LICENSORS, DISCLAIMS, AND MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH ANY WEBSITE, SERVICES, OR SERVICES, (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) INCLUDING RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH ANY WEBSITE OR SERVICES (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH WEBSITE, THE SERVICES, AND ANY INFORMATION OR MATERIAL (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS) CONTAINED OR PRESENTED ON OR THROUGH EACH WEBSITE AND SERVICE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE", AND "WHERE IS" BASIS WITH NO WARRANTY OR EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL COMPANY, OR ITS AGENTS, OFFICERS, OR ATTORNEYS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE ANY WEBSITE OR SERVICES (OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. LIMITATION OF LIABILITY AND DAMAGES. COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF ANY WEBSITE, SERVICES, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, YOUR DISPLAYING, COPYING, DOWNLOADING, OR USING, ANY SERVICES, INCLUDING FROM OR THROUGH ANY WEBSITE. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF ANY WEBSITE OR SERVICES TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH ANY WEBSITE OR SERVICES, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS, OR FOR ANY LACK OF ACCESS TO ANY WEBSITE OR SERVICE, OR ANY REFERENCE SITE OR THIRD PARTY SERVICE PROVIDERS OR VENDORS. COMPANY MAY INTERRUPT ANY ACCOUNT, WEBSITE OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF COMPANY KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED THROUGH OR ADVERTISED ON ANY WEBSITE OR RECEIVED THROUGH ANY REFERENCE SITES.
THESE TERMS DO NOT GRANT YOU OR ANY THIRD PARTY NOT IN PRIVITY TO THIS AGREEMENT ANY GREATER OR ADDITIONAL RIGHTS OR REMEDIES AGAINST YOU OR COMPANY THAN SUCH THIRD PARTY MIGHT OTHERWISE HAVE ABSENT THESE TERMS. THESE TERMS DO NOT GRANT ANY THIRD PARTY BENEFICIARY RIGHTS, SUCH RIGHTS ARE EXPRESSLY DISCLAIMED.
IN NO EVENT WILL COMPANY’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, ATTORNEYS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, OR YOUR USE OF ANY WEBSITE, SERVICES, OR REFERENCE SITES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY WEBSITE, OR OBTAINING ANY SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE, WITHOUT LIMITATION, LIABILITY FOR NEGLIGENCE.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED ITS WEBSITES AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. COMPANY WOULD NOT BE ABLE TO PROVIDE ANY WEBSITE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES AND RECEIVED THROUGH OR ADVERTISED ON ANY WEBSITE OR SERVICES, OR RECEIVED THROUGH ANY REFERENCE SITES.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES, OR LIABILITY CONTAINED IN THE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED, IF THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED APPLY AT ALL.
18. LOCAL LAWS; EXPORT CONTROL. The Website and Services are controlled from the State of California of the U.S.A. The Website or Services may not be appropriate or available for use in other locations. Although Company does not direct its activities to users outside of the U.S.A., if you use any Website outside the U.S.A., you are responsible for following applicable local laws. You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data, or any direct product thereof in violation of any such restrictions, laws, or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data, or commodities to certain foreign countries without prior approval of such agency.
19. TERMINATION FOR CONVENIENCE. Company may, in its sole and unfettered discretion, for any or no reason, and without penalty, terminate and/or suspend your access to any Website, Account, or Services without notice. Company prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by Company in its sole and unfettered discretion, may result in immediate termination of your access to any Website or Services. If Company terminates your access to any Website, Account, or Services, Company may delete your user profile(s). Company has the right to terminate any password-restricted account for any reason. You will not create multiple user accounts, particularly so as to abuse any of the Company policies, guidelines, or systems, or in connection with your shopping cart. You must also notify each such third-party that you advise, in writing that he, she, or it may not resell, re-license, republish, distribute, or transmit any aspect of any Services. If, in violation of these Terms, you have created multiple accounts and any single account is terminated by Company then Company may terminate all of your accounts. Further, if Company terminates any of your User accounts and you have multiple accounts, you will notify Company of the usernames of all your other User accounts and you will not open any new User account(s). IF YOUR ACCOUNT HAS BEEN SUSPENDED OR TERMINATED AND YOU DO OPEN A NEW ACCOUNT YOU WILL BE LIABLE TO COMPANY FOR DAMAGES OR, AT COMPANY’ OPTION, LIQUIDATED DAMAGES IN AN AMOUNT OF $1,000.00. Such termination may continue so long as Company suspects the violation in question, and Company will have no liability to you for such suspension, including, without limitation, liability to refund any fees paid for any Services, documents, features, or subscriptions. You agree that Company will not be liable to you or any third party for any such termination.
YOUR ONLY REMEDY WITH RESPECT TO ANY BREACH BY COMPANY OF ANY TERM IN THESE TERMS, THE PRIVACY POLICY, VIOLATION OF ANY RIGHT OR LAW, OR DISSATISFACTION WITH (I) ANY WEBSITE, ACCOUNT, OR SERVICES, (II) ANY TERM OF THESE TERMS, (III) ANY POLICY OR PRACTICE OF COMPANY IN OPERATING ANY WEBSITE OR SERVICE, OR (IV) ANY SERVICES OR INFORMATION TRANSMITTED THROUGH ANY WEBSITE, IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USING ANY AND ALL PARTS OF EACH WEBSITE.
20. INDEMNIFICATION & RELEASE. You agree to indemnify, defend, save, and hold harmless Company, and its affiliated companies, contractors, employees, agents, attorneys, and its third-party suppliers, licensors, and partners (each an “Indemnified Party”), from any claims, losses, damages, liabilities, including legal fees and expenses, related to or arising out of your use or misuse of any Website, Account, or Services, any violation by you of any term of these Terms, or any breach of the representations, warranties, promises, or covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify, defend, or hold harmless Indemnified Party, and you agree to cooperate with Indemnified Party's defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
21. MISCELLANEOUS.
a. Governing Law and Jurisdiction. This Agreement (the Terms) shall be governed in all respects by the laws of the State of California and controlling U.S. federal law, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against Company, or Company may have against you, including any disputes relating to any Website, Account, or Services, must be resolved exclusively by a state or federal court located in San Jose, California, U.S.A., as applicable, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts (and arbitrators) located within San Jose, California, U.S.A. for the purpose of litigating all such claims or disputes. If any term or provision of the Terms is found to be inconsistent with applicable law, then such term or provision shall be interpreted and modified to reflect the intentions of the parties, and no other terms will be modified.
b. Survival. Upon expiration or termination of the Terms, any provision which logically, by its nature, or by express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and damages, and governing law and jurisdiction, and all general provisions shall survive any termination or expiration of these Terms.
c. Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any assignment attempted to be made in violation of the Terms shall be void.
d. Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
e. Claims. YOU AND COMPANY AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR ANY WEBSITE, ACCOUNT, OR SERVICES, EXCEPT FOR COMPANY’ RIGHTS TO SEEK INDEMNIFICATION, DEFENSE, AND TO BE HELD HARMLESS, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f. Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS. If a dispute arises between you and Company, except as set forth otherwise in these Terms, you and Company agree to resolve any claim or controversy (“Claim”) that arises out of your use of any Website, Services, or these Terms in accordance with one of the subsections below or as Company and you otherwise agree in writing, signed by hand, on paper. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
(i) Arbitration Option – Any Claim (excluding Claims by Company for injunctive or other equitable relief) arising out of or relating to any Website, Services, or these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Either party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. A party seeking arbitration must first send to the other party, by certified mail, a written notice of dispute. Any notice to Company should be addressed to our outside legal counsel: Estriatus Law, PC, 2222 East Cliff Drive, Suite #220 Santa Cruz, CA 95062. Any notice to you shall be sent to your address as set forth in Company’s records of account or such other legal address as Company is able to identify. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
(ii) Improperly Filed Claims - All claims you bring against Company must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, Company may recover its attorneys' fees and costs, provided that Company has notified you of the improperly filed claim, and you have failed to promptly withdraw the claim.
(iii) Attorneys’ Fees - In any legal proceeding arising from this Agreement, the prevailing party shall be entitled to the award of its reasonable costs and attorneys’ fees incurred in connection with such proceedings. Company may add court costs plus reasonable legal fees to any delinquent balance referred to an attorney for collection. The “prevailing party" shall mean the party that received substantially the relief requested, whether by settlement, dismissal, summary judgment, mediation, arbitration, judgment or otherwise.
g. Class Actions. You expressly waive the right and agree not to bring or participate in any class action or joinder or consolidation of claims with respect to any dispute under or relating to this Agreement, including in any arbitration.
h. Exceptions. Notwithstanding our agreement to arbitrate disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
(i) Company may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Website or Services without first engaging in arbitration or the informal dispute-resolution process described above.
(ii) Company may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
(iii) In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of San Jose, California, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.
(v) Company may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled “Modifications” below. You may reject any changes made during your Membership by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: 2222 East Cliff Drive, Suite #216 Santa Cruz, CA 95062, Attention: Legal Dpt.
22. Advertisements in Services. Neither advertisements in or among documents, Services, or a Website, nor their placement are intended to suggest the author who posted said Services, or any entity or person mentioned in the Services, is in any way associated with, endorses, or approves the advertisement or advertiser. The advertisement was inserted between document pages automatically.
23. Complaints. In accordance with Cal. Civ. Code §1789.3, if you are domiciled in California you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
24. Consent to Receive Emails. By creating an account, you agree that you may receive communications from Company, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.
25. Validity of Electronic Signatures. Company enables you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. Company does not authenticate users’ signatures or identities.
26. Links to Third Party Sites. Company’ websites may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Company does not sponsor and is not legally associated with any third party “linked sites.” Company is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link. Company does not control, endorse or monitor the Services of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Company is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites. If you use any service provided on a Linked Site, (a) Company will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Company does not warrant or support any service provided by the third party.
27. Entire Agreement. These Terms constitute the entire agreement between you and Company with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
28. Waiver, Severability and Assignment. Company’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and the enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
29. Modifications. Company may revise these Terms from time to time, and will always post the most current version on the Website. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms. If you have any questions or concerns, please contact us at any time at info@cleantechdocs.com.
