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Legal

Use of the AWS Truepower, LLC (“AWST”) website is subject to the following Terms of Use, which may be revise at any time. By using this website, you agree to be bound by these terms and any revisions thereof. Periodic review of the Terms of Use is advised.

1. Nature of Information and Materials

The information, content, materials, graphics, text, images, designs, trademarks, trade names and logos contained on this website are protected by trademark, copyright and other intellectual property laws under the laws of the United States and international treaties. Use of this site shall not be deemed as a transfer of rights in any such trademarks, copyrights or intellectual property. The alteration, removal, or obliteration of any patent, copyright and trademark or proprietary notices is strictly prohibited.

2. Site Availability

AWST will use reasonable efforts to maintain the operation and availability of its website and the dashboard suite; however, AWST does not guarantee uninterrupted or error-free operation of this site or any portion thereof.

3. Harmful Code

AWST does not warranty that any feature downloaded from this site will be free of viruses, contamination, or other potentially destructive features. AWST will, however, make reasonable efforts to protect the website and the dashboard suite and its Users from viruses, worms and Trojan horses and other harmful code.

4. No Warranty

All information and content on this website is provided “AS IS” and AWST makes no warranties, express, implied or otherwise, regarding its accuracy, currency, or completeness, merchantability, performance or fitness for a particular purpose. Furthermore, no other oral or written communications shall be deemed to create a warranty.

5. WAIVER AND RELEASE of Liability

ACCESS AND USE OF THIS WEBSITE IS AT USER’S OWN RISK. To the fullest extent permitted by law Users hereby waive and release AWST for any and all claims, losses, costs or damages of any nature whatsoever, resulting from or in any way related to use of this website. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising. AWST shall not be liable to you for loss of profit or revenue, loss of business opportunity, loss of use, product liability, or for any incidental, special, indirect, punitive or consequential damages, arising out of or in connection with use of this website. This waiver and release shall apply to all claims, whether under the law of contract, equity, tort, strict liability, or otherwise.

6. Disclosures

AWST reserves the right to disclose any information concerning Users of this website to the extent required by law or judicial or government order.

7. Restrictions on Use of Site

Users shall not upload to, distribute, or otherwise publish through, the AWST website any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable, or that would constitute or encourage a criminal offense or violate the rights of anyone, or that would otherwise give rise to liability or violate any law.

8. Indemnity

Users may not use this website for any unlawful purpose, or for any purpose prohibited by these Terms of Use. Users shall indemnify, defend and hold harmless AWST, its officers, directors, shareholders, employees, affiliates, successors, assigns and contributors from any liability, loss, claim and expense (including reasonable attorney fees) related to (i) any violation of these Terms of Use, and/or (ii) any posting or use of materials on or obtained from this website.

9. Privacy Policy

The protection of personal information is very important to AWST. As part of any purchase, Users will provide AWST with personal information such as your name, business name, mailing address, telephone number, fax number, and e-mail address that will permit us to identify you and complete your purchase transaction. Credit card information will also be collected and processed through a PCI DSS certified third party payment processor. The PCI DSS certified vendor will store your credit card number on a server that is not accessible by employees of AWST. Controls have been enacted to prevent loss, theft, misuse, unauthorized access, or disclosure of credit card information. AWST will only use all other personal information collected for purposes appropriate for conducting our business, such as to process a purchase, follow up on services provided, send announcements on new features, events, products or services, creation of a client database, audits, reporting requirements, and for other activities related to business administration, marketing, research, product development, or improving the quality of services and products. Although AWST may collect and compile aggregate data about Users and transactions, AWST will not sell, give or otherwise make available to third parties any personally-identifiable information about single Users except as a part of any sale of assets, joint venture, merger or partnership or as required by law or judicial or governmental order.

10. Children

No applications on the AWST website specifically solicit information from minors (people under 18 years old) or seek to determine whether the visitor is a minor. Users under 18 are not permitted to submit any personally identifiable information. Because such information will not be specifically identified as being from minors, Users of the AWST website should be aware that personally identifiable information submitted to it by minors may be treated in the same manner as information given by an adult. For any Users under 14, it is against the law for AWST to ask for that information. AWST will not ask for it. Anyone under 18 who wants to purchase any product from AWST or otherwise submit any personally identifiable information should seek assistance from an adult.

11. Links to Other Sites

Users should be aware you could be directed to other sites beyond AWST’s control. There may also be links to other sites from the website that take you outside our service. AWST takes no responsibility and assumes no liability for any content in such sites, or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity contained on such sites. Your linking to other sites, your use of such sites, and your use of any information, material, products and services offered by such sites, are solely at your own risk.

12. Links to the AWST Website

You may link to the AWST website without seeking AWST’s permission, provided you (a) do not use any names, logos or other trademarks of AWST to identify the link other than the words “AWS Truepower” in a type size that is no larger or otherwise more prominent than surrounding or neighboring text, (b) do not use any AWST name, logo, trademark or other designation in any manner that suggests any business relationship with AWST or any sponsorship or endorsement by AWST of you, your organization or any product or service, (c) link solely to the AWST homepage, and (d) do not frame or duplicate any AWST content on your site.

13. Non-waiver

AWST’s failure to insist upon strict enforcement of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

14. Applicable Laws; Governing Law; Dispute Resolution

User access to this website is governed by all applicable federal, state and local laws. This Terms of Use shall be governed by, enforced and construed exclusively in accordance with the domestic laws of the State of New York, without giving effect to its principles of conflicts of laws. Any litigation based hereon or arising out of or in connection with this Agreement or the Products shall be brought and maintained exclusively in the United States District Court for the Northern District of New York or the courts of the State of New York with a venue in Albany, New York (USA) and the parties hereby irrevocably waive all jurisdictional defenses and irrevocably agree to submit to the jurisdiction of such courts for the purpose of any such litigation.