Terms & Conditions

By browsing and/or using this Site, you are agreeing to accept, unconditionally and without modification, the terms and conditions which follow, together with all applicable laws (“Terms of Use”). You also agree to review our privacy policy by clicking the link at the bottom of any page on the Site.

If any of the Terms of Use are not acceptable to you, do not browse or use this Site.

CPower (“us”, “we”, or “our”) reserve the right to modify these Terms of Use from time to time, without notice, and you agree to be bound by such modifications. Accordingly, you should periodically review the most recent version of these Terms of Use.

USE OF SITE

This Site is intended primarily for the purpose of providing general information about us and our services, and is for your personal and non-commercial use. The Site has been compiled and is maintained by us, but we make no representation as to the completeness or accuracy of the information it contains. You should be aware that some information may be incomplete, may contain errors, or may be outdated. We reserve the right to add, modify, or delete any information contained in this Site without notice to you.

USER CONDUCT

This Site is intended primarily for the purpose of providing general information about us and our services, and is for your personal and non-commercial use. The Site has been compiled and is maintained by us, but we make no representation as to the completeness or accuracy of the information it contains. You should be aware that some information may be incomplete, may contain errors or may be outdated. We reserve the right to add, modify, or delete any information contained in this Site without notice to you.

COPYRIGHTS AND TRADEMARKS

  • Site Content. The Site, design of the Site, and all content in the Site are protected under U.S. and international copyright laws. The Site is owned by CPower and, except for Your Content (as defined in Section B below), or as specifically stated or otherwise indicated, all Site Content, including, but not limited to, trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, data compilations, icons, code, and links on the Site, is the property of CPower and protected by intellectual property laws.
  • Your Content. CPower does not own any Content submitted by you (“Your Content”). You retain all of your ownership rights in Your Content. By submitting Your Content to the Site, you grant CPower a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content.
  • Third Party Content. Content owned by third parties may also appear on the Site, and you should respect those property rights as well. Content owned by third parties available on the Site is used by CPower pursuant to a license from a third party.
  • Use of Copyrights and Trademarks Prohibited. Nothing on this Site should be construed as granting by implication, estoppel, or otherwise, a license or right to use any mark displayed on this Site, without the prior written permission of the owner of the mark. The copyright in the Site content, is owned by CPower, unless otherwise noted. CPower does not warrant nor represent that use of this Site will not infringe rights of third parties. See the User Conduct paragraph for your obligations.

COPYRIGHT INFRINGEMENT NOTIFICATION

Pursuant to the Digital Millennium Copyright Act, and specifically 17 U.S.C. 512 (c)(3), you may submit written notification of copyright infringement to CPower’s Copyright Agent. Such notification must include at least the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted work at a single inline site are covered by a single notification, a representative of such works at that site;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by copyright owner, its agent, or the law.

(6) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

CPower’s designated copyright agent is Tracy Caswell, 5390 Triangle Parkway, Suite 300, Norcross, GA 30092

(678) 823-6781

Tracy.Caswell@CPowerCorp.Com

LINKING

You may link to the Site provided you comply with the following:

  • You must link to the home page only. Links to other pages on the Site are prohibited.
  • Links must only be text-based. You may not use inline links, anchor links, deep links, or any of our logos or other marks as links.
  • Framing is not permitted under any circumstance. You may not create frames around our Site or use any other technique that alters in any way the visual presentation or appearance of the Site.
  • In linking to the Site, you may not misrepresent your relationship with us. No links to the Site may be used in a manner that implies or suggests that we approve or endorse you, your Site, or your goods and services, except as we may have agreed to separately with you in writing.
  • CPower has no responsibility or liability for any content appearing on the website from which you link to the Site. You agree to indemnify us, defend us at your sole cost, and hold us harmless from and against any and all claims arising out of or based on such website, including your links.
  • No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, criminal, pornographic, or which infringes or otherwise violates, or advocates the infringement or other violation of, any third party rights.
  • We may at any time, in our sole discretion, without cause, terminate your right to link to any pages on our Site. In such event, upon request, you agree to immediately remove all links to our Site and to cease using any of our marks.
  • We reserve the right to change this linking policy at any time, so it is your responsibility to periodically review this page for any changes.

Contact Information

If you have any questions about this Policy, please contact:

Attn: CPower General Counsel, Tracy Caswell

5390 Triangle Parkway, Suite 300

Norcross, GA 30092

(678) 823-6781

Tracy.Caswell@CPowerCorp.Com

THIRD PARTY WEBSITES

We make no representations whatsoever about any other third party website which you may access through hypertext links in this website. When you access any such third party website, you acknowledge and agree that it is independent from us, and that we have no control over the content of any such website. In addition, a link to such third party website does not mean that we endorse or accept any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Additionally, such websites may have cookies and collect personally identifiable data. We encourage you to read the Terms and Conditions and Privacy Policies for such third party websites.

NO WARRANTIES

This Site and any content, information, software, functions and applets provided on or through the Site are made available on an “AS IS” or “AS AVAILABLE” basis. We do not warrant the information made available through or on the Site, that the Site will be timely, secure, uninterrupted, or error-free, or that defects in the Site, if any exists from time to time, will be corrected. We will not be responsible for errors, omissions, interruptions, deletions, defects, or delays in the operation and transmission of the Site, any services or related content, for communication line failures, or for computer viruses associated with the operation of the Site.

WE MAKE NO WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL CPOWER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF REVENUE; LOSS OF USE OF THE SITE, LOSS OF USE OR DAMAGE TO YOUR COMPUTER EQUIPMENT OR PROGRAMS, BUSINESS INTERRUPTION, LOSS OF USE OF DATA, PROGRAMS, OR EQUIPMENT) ARISING OUT OF YOUR ACCESSING, BROWSING, OR USING, OR YOUR INABILITY TO ACCESS, BROWSE, OR USE, THIS SITE OR SITE CONTENT AND ANY RELATED SERVICES, MATERIALS, AND PRODUCTS.

YOU ARE ADVISED THAT SOME JURISDICTIONS DO NOT PERMIT OR OTHERWISE RESTRICT OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

MISCELLANEOUS

The Terms of Use, as well as your use of this Site, shall be governed and construed in accordance with the laws of the State of Maryland, excluding conflict of laws rules. You agree that any and all disputes regarding the Site or arising out of your use of this Site shall be resolved exclusively by a state or federal court in Baltimore, Maryland, and you also agree to submit to the jurisdiction of any such court for the purpose of resolving any such dispute.

The Site Content does not include any offer to sell, nor any solicitation of an offer to buy, any securities. Any financial information in the Site Content is not complete, and should not be used for any purpose as complete, accurate, or current financial information.