Energy Cache - Economic, durable utility-scale storage
Terms of Service

This is a binding legal contract that applies to anyone who visits the website http://www.energycache.com (“Site”) and/or uses any of the products and services described on the Site (“Services”). If you do not agree to all of these terms, please do not use the Site or the Services. By accessing the Site or using any Services, you are agreeing to be bound by the Agreement, as defined below.

  1. The Agreement.

    In addition to these terms, your agreement with Energy Cache, Inc. (“Company”) includes the specific additional terms that apply to any Services you use. Throughout the Site and in all of the documentation, whenever we refer to the “Agreement” we mean these terms, including the Privacy Policy and other policies posted on this Site.

  2. Privacy Policy. Use of the Site and Services is subject to the Privacy Policy located here.

  3. Changes. We are constantly developing the Site and the Services. This means that we may change or discontinue either or both without notice or liability to you. In addition, we may change all or part of the Agreement at any time, including these terms. We may make changes by posting the changed terms on the Site. Your continued use of the Site and/or the Services will constitute acceptance of the changed terms.

  4. Things You Cannot Do.

    1. Give false or misleading information to us or anyone else in connection with your use of the Site or the Services, including giving false information in an account registration.

    2. Do anything that smacks of bad online citizenship, such as attempting to reverse engineer or hack into the Company systems.

    3. Access or scrape the Site or the Services by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; or bypass any technical protections or throttling that we institute.

    4. Copy, modify, create derivative works from or distribute any content from the Site; or copy, display or use the trademarks in any way; or use the Site for any purpose not explicitly authorized in the Agreement.

    5. Link to the Site using any HTML techniques that display the Site within a frame, partial window, popup, pop-under, or any other non-standard linking method, or redistribute content from the Site except as expressly authorized by Company.

    6. Anything we ask you not to do.

  5. Company’s Rights. Company retains all right, title and interest in the Site and the Services, including all technology and processes, enhancements or modifications thereto, trademarks, service marks, logos, site design, text, graphics, logos, images and icons, as well as the arrangement thereof. You agree that the Site and Services contain proprietary content, information and material that are protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information, or materials in any way whatsoever except for permitted uses of the Services. Except for rights expressly granted in the Agreement, nothing in the Agreement grants you any right, title or license. 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 licensee.

  6. Third Party Trademarks and Content. Use of any third party trademark or third party content on the Site does not constitute affiliation with or endorsement of these third parties. Aside from any explicit grants in the Agreement, nothing in the Agreement grants you any license to third party trademarks or content. All trademarks are the property of their respective owners.

  7. Indemnity, Disclaimers and Limits on Liability

    1. You will indemnify, defend, and hold harmless Company, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to the Site and the Services and any failure to comply with this Agreement. Company reserves the right, at your 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 the defense of such claim.

    2. COMPANY PROVIDES THIS SITE AND THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SERVICES. Company MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Company SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES AND COUNTRIES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

    3. IN NO EVENT WHATSOEVER SHALL COMPANY, ITS AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR 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, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY'S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD AND UPLOAD OF ANY MATERIAL THROUGH THIS SITE OR THE SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. COMPANY 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 OR THE SERVICES. If, notwithstanding the other provisions of these Terms of Use, Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any SERVICES, Company’s liability shall in no event exceed the greater of (1) the total of any fees paid BY YOU TO Company in the six months prior to the date THE CLAIM IS ASSERTED FOR ANY SERVICE or feature on the Site RELEVANT to the CLAIM, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you. COMPANY'S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU

  8. General

    1. We do not want to receive information that is confidential or proprietary. If you send us suggestions, content or ideas of any kind, including potential improvements to the Site and/or Services, we may use such suggestions, content and ideas for any or all purposes, with no compensation or attribution to you.

    2. This Agreement will not be construed against either party as the drafter.

    3. In the Agreement, the word “including” always means “including but not limited to” unless a particular sentence says otherwise.

    4. You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Site and the Services.

    5. As stated above, the Agreement includes these terms and any additional terms you enter into with Company. The Agreement is the entire agreement between you and Company and it replaces any other agreement between us on this subject. Aside from the right of Company to make changes, any amendments to the Agreement must be in a writing signed by both parties.

    6. You cannot assign the Agreement without the written agreement. We can assign the agreement to any entity that agrees to be bound by the terms of the Agreement.

    7. The Agreement is governed by California law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Site or Services shall be the courts of Los Angeles County, California, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Any claims (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding. This Agreement does not allow class of collective arbitrations even if the arbitration procedures or rules would. The arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

    8. If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement. A delay or failure to require performance of any provision will not constitute a waiver of any rights and will not impede the ability to enforce that provision later.

ENERGY CACHE, INC., 130 W. Union St., Pasadena, CA 91103 info@energycache.com

Dated: March 22, 2012


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