INDEPENDENT POWER SYSTEMS – TERMS & CONDITIONS

Last Updated: 3/30/2020

Welcome to Independent Power Systems’ (“IPS”, “we”, “us”, and “our”) website (“Site”), solarips.com or solarwind.info. Please take a moment to read and review our Terms and Conditions (“Terms”) as they affect the legal rights and obligations of you, the visitor (“User”, “you”, “your”).

(1) Acceptance of Terms

By using, browsing, or otherwise viewing the Site, you are accepting these Terms and the IPS Privacy Policy and agree to be bound by the terms and conditions set forth within as well as to comply with applicable laws and regulations. IPS makes the Site available to the public for its use and enjoyment only under the condition a User accepts the Terms. If you do not agree with these Terms or no longer wish to view the Site, please navigate away from this website or close your browser window if you wish to cancel your session.

IPS reserves the right to update, modify, suspend, or discontinue any Site content, including text, images, document names, or other information without obligation to notify any individual of such changes. When we do, we will update the “Last Updated” date accordingly. It is your responsibility to check our website periodically for changes to these Terms. Your continued use of the Site will mean you understand and accept all changes and will continue to comply with all applicable laws and regulations.

Any special terms that may apply to specific services, products, or offerings on the Site are in addition to these Terms and will be posted with the applicable service or section of the Site.

(2) Disclaimer of Eligibility

We are a general audience site. The Site is not intended for children under 18 years of age, and we do not direct any of our Content at children. We do not knowingly collect or maintain personal information from children under the age of 18. It is our policy that no visitor to the Site under the age of 18 should post or provide information without the consent of a parent or guardian. If you are under the age of 18 and have posted or provided information through the Site, please have a parent or guardian contact IPS immediately so we can remove such information.

For more information, please refer to the Children’s Online Privacy Protection Act (COPPA) enforced by the Federal Trade Commission (FTC), which regulates the collection of information digitally from persons under the age of 18.

(3) Intellectual property; License Grant

The Content on the Site, including text, graphics, images, video, photographs, service marks, logos, trademarks, illustrations, and other materials (“Content”) are owned or licensed by IPS and are protected by applicable United States and international copyright and intellectual property laws. By using the Site, you agree not to copy, reproduce, transmit, display, modify, or distribute the Content unless prior approval has been given by IPS or its licensors. Subject to these terms, you are granted a limited, non-exclusive, non-transferable, personal license to the Site for your own personal use and not for further distribution or resale. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you or a third-party.

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), copyright owners are given proper recourse should they believe digital materials infringe upon their rights under United States copyright and intellectual property laws. If you believe in good faith material on the Site infringes on your copyright or intellectual property rights, please send or have an authorized agent send a notice specifying the material in question and requesting we remove or block access to it. The DMCA also provides for a counter-notice should you believe in good faith that a copyright infringement case has been filed against you. Please see https://www.copyright.gov/ for details.

Notices and counter-notices should be sent to 1501 Lee Hill Dr. #24, Boulder, CO 80304, accompanied by your contact information and any other pertinent information.

(4) Disclaimer of Warranties; Limitation of Liability

By using solarips.com, you are releasing IPS from any liability related to computer issues resulting from the use of the Site or from downloading available resources. We do not guarantee or warrant as to the information, content, products, or materials included on this site or that your use of the Site will be secure, error-free, timely, or uninterrupted. All information, services, and products associated with this website are provided “as is.” You are solely responsible for any damage resulting from your use or download of any materials, information, products, software, programs, or services connected with this website, including any loss of data or other damage to your computer system. By using the Site, you expressly agree to do so at your own risk.

Please review and refer to our Privacy Policy page for full information on what information is collected from users as they use this website, as well as how it is used.

(5) Disclaimer of Endorsement

While our website may contain links to other websites, we are not responsible or liable for any information, content, practices, or communications from those sites. These links are included to enhance the User experience on the Site and do not offer an endorsement of external sites, products, or services. It is the User’s responsibility to review the applicable policies and conditions of any other website they visit. IPS is not liable for any damage or loss caused by your use of third-party websites, products, or services. By accessing these external links, you are acknowledging and agreeing that your use of third-party materials is at your sole risk.

(6) Indemnification

You agree to indemnify and hold harmless solarips.com, IPS, its affiliates, its employees, its licensors, its agents, and its officers from and against all losses, claims, costs, expenses, or suits made by any third parties, including reasonable legal and accounting fees arising from or your use of the Site or alleged breach of these Terms.

(7) Governing Law

These Terms and Privacy Policy, as well as your use of the Site, including all claims or causes of action that may arise out of or relate to the Terms, Privacy Policy, or your use of the Site, shall be governed in accordance with the laws of the State of Colorado, United States, without regard to its principles of conflicts of law. The venue and exclusive jurisdiction for any claims or causes of action arising out of or related to these Terms and the Privacy Policy or your use of the Site will lie in the State and Federal Courts located in the State of Colorado, and you irrevocably agree to submit to the jurisdiction of such courts. We do not represent or warrant that the Site, or any part thereof, is available or appropriate for use in any particular jurisdiction. Those who choose to access the Site do so at their own risk and are responsible for complying with all local laws, rules, and regulations.

We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion. Our failure to enforce any right or provision in these Terms of the Privacy Policy will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that any provision or right in these Terms and Privacy Policy is found by any court having competent jurisdiction to be invalid, illegal, or unenforceable, the court’s judgment or determination shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

(8) Arbitration

All disputes, controversies, demands, counts, or claims arising out of or relating to the IPS Terms or Privacy Policy, your use of the site, or our use of your personal information shall be resolved or settled by binding arbitration in accordance with Judicial Arbitration Mediation Site, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (“JAMS Rules”) and as modified by this arbitration agreement. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or video-conference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in Boulder County, in the state of Colorado or, if such proceeding cannot be lawfully held in such location, as near thereto as applicable law permits. To learn more about JAMS, including instructions for binding arbitration, please visit the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration.

(9) Termination

These Terms and the obligations and liabilities of the parties therein are effective unless and until terminated by either you or us. We may, at any time and for any reason, terminate your access to our website, including if you fail or we suspect that you have failed to comply with any term or provision of the Terms. We shall not be liable for any termination of your access to the Site, including to specific files or information, and we shall not be required to make such information available following such termination. You may also terminate these Terms at any time by notifying us that you no longer wish to use our services or simply by navigating away from the Site or ending your current session.

(10) Entire Agreement

These Terms and Privacy Policy contain and constitute the entire agreement between you and Independent Power Systems and supersede all previous agreements and proposals, written or oral, and all discussions, warranties, representations, and conversations between you and us relating to your use of the Site. You agree and acknowledge that you have not relied on any representations or statements by solarips.com not included in these Terms and Privacy Policy.

(11) Contact Information

For questions relating to the IPS Terms & Conditions, please email [email protected].