Modification of this Agreement.
Subject to applicable laws, Now Power, in its sole discretion, reserves the right to modify, alter or otherwise update these Terms at any time. Such modifications shall be effective immediately upon posting of the modified Terms. You should review these Terms regularly as they may change at any time at our sole discretion. By accessing and using the Site after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised Terms. If you do not agree to any term or condition, you should not access or otherwise use this Site.
Availability of the Site.
While Now Power uses reasonable efforts to keep the Site accessible, errors, omissions, interruptions of service and delays may occur at any time for any reason. You acknowledge and understand that such errors, omissions, interruptions of service and delays may occur at any time as a result of circumstances within and beyond Now Power’s control. Except where restricted by applicable law, Now Power does not accept any liability which arises from any such errors, omissions, interruptions or delays which may occur with regard to the Site or any of the products or services offered on the Site. Now Power also reserves the right to deny access to the Site to anyone, at any time, for any reason without notice.
Use of Interactive Areas.
The Site is private property and all interactions on the Site must be lawful and comply with this Agreement. The Site may contain discussion forums, bulletin boards, discussion groups, chat rooms or other forums in which you and third parties may publish, post, and obtain access to various kinds of information on the Site (“Interactive Areas”). When using or accessing the Site, including the Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish content that:
- infringes on the copyright, trademark, trade secret or other intellectual property or proprietary rights of others;
- violates the privacy, publicity or other rights of others;
- is unlawful, immoral, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or violate any law, in any country of the word, or is otherwise inappropriate, as determined by Now Power in its sole discretion;
- is false or inaccurate;
- is technically harmful, including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data; or
- could damage Now Power or any of its parent companies, sister companies, affiliates, advertisers, partners or other parties.
If Now Power provides such Interactive Areas, you are solely responsible for your use of the Interactive Areas and agree to use them at your own risk. Now Power has the right to monitor the content contained within these Interactive Areas, and may remove materials from these Interactive Areas that it finds in its sole discretion, to be objectionable or in violation of this Agreement. Any opinions, advice, ratings, postings, or communications made by you or any other user within the Interactive Areas (“Comments”) are those of the respective author and are not the official opinions of Now Power. Now Power specifically disclaims any liability with regard to any comments made by you or any third party in the Interactive Areas and any actions resulting from your participation in the Interactive Areas. You further understand and agree that any Comments you submit to the Interactive Areas of the Site are public, not private. Please do not include any personally identifiable information in these submissions.
Proprietary Rights – Copyrights.
All of the content included on the Site, including all materials, software, HTML or other code, documents, text, designs, graphics, logos, images (including photographs) audio and video (“Content”) is the property of Now Power, or is being used by Now Power with permission, and is protected by United States copyright laws. You agree not to use, distribute, transmit, transfer, modify, perform, publish, display, license, reproduce, duplicate, copy, sell, resell, translate, exploit or created derivative works of the Content for any commercial purpose. None of the Content may be reverse-engineered, disassembled, decompiled, transcribed, resold, redisplayed or redistributed without Now Power’s specific prior written consent. Now Power grants you a limited license to access, view and use the Site, and to print individual pages of the Site for your own personal, noncommercial use, provided that you accept the terms and conditions set forth in this Agreement, and acknowledge that you do not acquire any ownership rights by using or downloading the Content. Additionally, some material included on the Site is copyrighted by third parties, and you may not use, modify, copy, distribute, transmit, display or reproduce any of this third party content without the prior written consent of Now Power. Without limiting the generality of the foregoing, you agree that any text, photo, graphic, image audio, and/or video on the Site shall not be broadcast, rewritten for broadcast or publication, translated or redistributed directly or indirectly in any media, nor stored in a computer, except for personal and non-commercial use.
Proprietary Rights – Trademarks.
Any trademarks, service marks, and logos (the “Trademarks”) used and displayed on the Site are the property of Now Power or other third parties. Users are not permitted to use these Trademarks without the prior written consent of Now Power or such other third parties. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark, without the prior written permission of Now Power. Now Power prohibits the use of any of its logos as part of a link to or from any website, unless such link is approved in advance by Now Power in writing. Further, the design and layout of the Site is protected as Now Power’s trade dress and may not be copied or imitated in whole or in part.
Removal of Material.
Now Power reserves the right to remove any material or information from the Site or the Interactive Areas that violates these Terms, or that, for whatever reason, Now Power deems inappropriate.
Links to Third Party Sites.
This Site may contain links to websites maintained, owned or operated by parties other than Now Power. Such links are provided for your reference only. Now Power does not control the outside websites or the information contained on these websites and is not responsible for the content contained on such websites. If you decide to access any of the third party sites linked to this Site, and leave the Site, you do so entirely at your own risk. The fact that Now Power provides a link to a third party website does not mean that Now Power endorses, adopts, authorizes or sponsors that website. Now Power expressly disclaims any representations, warranties or conditions regarding the content or accuracy of the materials on such websites. It also does not mean that Now Power is affiliated with the third party website’s owners or sponsors.
Security of Information Transmitted.
You understand and acknowledge that Now Power does not control the security of the Internet or other networks that you use to access the Site or to transmit information to Now Power.
Disclaimer of Warranties.
YOU AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, ALL CONTENT ON THE SITE, AND ANY THIRD PARTY CONTENT POSTED ON THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. NEITHER Now Power, NOR ITS RESPECTIVE EMPLOYEES AND AGENTS, MAKE ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Now Power ALSO DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH USERS OF THE SITE, ANY USER CONTENT POSTED ON OR ACCESSIBLE FROM THE SITE OR ANY LINKED SITES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS, CONTENT OR USER CONTENT CONTAINED ON THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
Limitations of Liability.
UNDER NO CIRCUMSTANCES SHALL NOW POWER, ITS ULTIMATE PARENT CORPORATION, BROOKLET ENERGY DISTRIBUTION LLC., ANY SUBSIDIARIES OR AFFILIATES OF BROOKLET ENERGY DISTRIBUTION LLC., OR ANY AND ALL OFFICERS, DIRECTORS, SHAREHOLDERS, ASSOCIATES, RELATED FIRMS AND ENTITIES, EMPLOYEES, SERVANTS AND AGENTS OF NOW POWER, BROOKLET ENERGY DISTRIBUTION LLC. OR ANY SUBSIDIARY OR AFFILIATE OF BROOKLET ENERGY DISTRIBUTION LLC. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NOW POWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR FROM MISTAKES, OMISSIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF ANY KIND, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM THE INABILITY TO USE THE SITE OR THE INTERRUPTION, SUSPENSION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED THROUGH THE SITE OF ANY LINKS ON THE SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, THE AGGREGATE LIABILITY OF NOW POWER AND ANY OTHER PARTY INVOLVED IN CREATING, ADMINISTRATING, PRODUCING OR DISTRIBUTING THE SITE, IF ANY, SHALL BE LIMITED TO $50.00.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Now Power (“Dispute”) shall lie in the state courts located in Houston, Texas, or the federal courts in the Northern District of Texas. You hereby waive any right you might have to resolve any Dispute on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated.
Notice to International Users.
This Site may be accessed by users from countries outside of the United States. This Site may contain products, or references to products, which are not available outside the United States. These references do not imply that Now Power intends to make such products available outside the United States. This Site is owned and operated by Now Power in the United States. If you choose to access and use the Site from outside the United States you are responsible for complying with the applicable local laws and regulations of your country.
If you have any questions about this Site or Now Power in general, please call us toll-free at 1-844-227-2678, send us an e-mail at: [email protected], or write to us at:
PO Box 722377
Houston, TX 77272
Effective Date: April 2015.