Acceptance of the Terms of Use.
A) These terms of use are entered into by and between you and Power.Global, PBC (“Company” or “We” or “Us”) a Delaware public benefit corporation. The following terms of use, together with the Privacy Policy and any other documents that are expressly incorporated by reference (collectively, “Terms of Use”), govern your access to and use of https://www.power.global and all related subdomains (“Website”), including any content, functionality, and services offered on or through the Website (together with all related subdomains and social media pages, “Power.Global”), and your access and usage of Services on Power.Global, either as a guest (with limited rights), or registered user.
B) Services. Power.Global provides a platform for you to receive information about the solutions we provide, our sustainability mission, as well as our products and services including but not limited to retrofit kit product solutions, our eOsk battery swapping network, eOsk backup power for business lease, ravee retrofit kit, and OEM custom solution, etc. (“Products”).
CThese Terms of Use govern the reservation, purchase and sale of Products through Power.Global.
DPlease read these Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you in setting up a Power.Gloabl Account, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.power.global, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access Power.Global or use the Services.
EThe Services are offered and available to users and guests who are 18 years of age or older. By using Power.Global, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access Power.Global or use the Services.
FIf you are using Power.Global or the Services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to these Terms of Use. The Company may issue you additional terms if you are a commercial entity, accordingly.
Changes to the Terms of Use.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services. Your continued use of the Services following the posting of a revised Terms of Use means that you accept and agree to the changes. You are to check this page from time to time so that you are aware of any changes, as they are binding on you. We will use our best efforts to provide email notice to any registered users about the changes to these Terms of Use.
Accessing the Services and Account Security.
A) We reserve the right to withdraw or amend any of the Services (including any support services) provided by the Company herein. We will not be liable, if for any reason, all or any part of Power.Global are unavailable at any time for any period. From time to time, we may restrict access to some parts of the Services, or the Website or the App, to users, including registered users.
B) You are solely responsible for (i) making all arrangements necessary for you to have access to Power.Global, and (ii) ensuring that all persons who access Power.Global or Services through your internet connection are aware of these Terms of Use and comply with them.
C) You may register for an account with Power.Global by registering as a registered user of Power.Global (“Power.Global Account”) and providing certain information about yourself as prompted by the Power.Global registration form, including your first and last name, a valid telephone number, a valid email address at which you are able to receive email, and a valid postal address at which you are able to receive mail and products.
D) You represent and warrant that: (i) all required registration information you submit is truthful and accurate, and (ii) you will maintain the accuracy of such information. You may not create more than one Power.Global Account, and you may delete your Power.Global Account at any time, for any reason, by following the instructions on the Website. Power.Global may suspend or terminate your Power.Global Account for any reason at any time in its sole discretion.
E) It is a condition of your use of Power.Global that all the information you provide on Power.Global is correct, current, and complete. You agree that all information you provide to register with Power.Global or otherwise is governed by our Privacy Policy at https://www.power.global, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
F) You also acknowledge that your Power.Global Account is personal to you and agree not to provide any other person with access to Power.Global’s Services, or portions of either using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
G) We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Communications with the Company.
The Company may provide you with the use of email and chat support services to enable you to communicate with the Company (“Communication Services”). You hereby consent to the following communications from the Company:
A) telephone calls, text messages, and/or email from the Company regarding the Services, and
B) information about the Company’s upcoming Services.
The Company has no obligation to monitor the Communication Services but reserves the right to review materials posted to the Communication Services and to remove or censor any material in its sole discretion.
Intellectual Property Rights.
A) Power.Global, the Services, and their entire contents, features and functionality (including but not limited to all information, software, text, displays, featured images, video and audio, and the design, selection and arrangement of the above), are owned by the Company, its suppliers, or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
B) These Terms of Use permit you to use Power.Global for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, download, store or transmit any of the material on Power.Global, except:
your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials on either of your computer or mobile device, respectively,
you may store files that are automatically cached by your Web browser for display enhancement purposes,
you may not authorize any organizations, companies, or businesses to use the Services for any purpose, except for with the written consent of the Company, and
C) You must not:
modify copies of any materials from this Website or App,
delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website or App, and
you must not nor permit access or use for any commercial purposes any part of Power.Global.
If you wish to make any use of material on Power.Global other than that set out in this section, please address your request to info@power.global.
D) If you print, copy, modify, download or otherwise use or provide any other person, organization, company, or business with access to any part of Power.Global or Services in breach of the Terms of Use, your right to use Power.Global or Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to Power.Global or any content on Power.Global is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of Power.Global or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Trademarks.
The Company name, the term “Power.Global” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on Power.Global are the trademarks of their respective owners, where applicable.
Prohibited Uses.
A) You may use Power.Global or Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use Power.Global or Services:
in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries),
for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise,
to send, knowingly receive, upload, download, use or re-use any material which does not comply with the “Content Standards” set out in Section 10 in these Terms of Use,
to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation,
to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user names associated with any of the foregoing), or
to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Power.Global, or which, as determined by us, may harm the Company or users of Power.Global or expose them to liability.
B) Additionally, you agree not to:
use Power.Global in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of Power.Global or Services, including their ability to engage in real time activities through Power.Global or Services,
use any robot, spider or other automatic device, process, or means to access Power.Global or Services for any purpose, including monitoring or copying any of the material presented thereon,
use any manual process to monitor or copy any of the material on Power.Global or Services, or for any other unauthorized purpose without our prior written consent,
use any device, software or routine that interferes with the proper working of and delivery of the Services,
introduce any viruses, trojan horses, worms, logic bombs or other material, which is malicious or technologically harmful,
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Power.Global or Services, the server on which Power.Global or Services is stored, or any server, computer or database connected to the Services,
attack Power.Global or service via a denial-of-service (DOS) attack or a distributed denial-of-service (DDOS) attack, orotherwise attempt to interfere with the proper working of Power.Global or Services.
Website Use.
Power.Global grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this website is at the discretion of Power.Global and Power.Global may terminate your use of this Website at any time.
Content Standards.
These content standards (“Content Standards”) apply to any and all Company Services.
A) If you post reviews on Power.Global, the Services, or any of Power.Global’s social media pages or channels, you agree to post only reviews that are based upon your personal experience or are otherwise designed for any purpose other than providing other users, both guests and registrants with Power.Global Accounts, with an accurate description of your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions in these Content Standards, reviews posted on Power.Global, the Services, or any of Power.Global’s social media pages or channels must not:
be plagiarized,
contain spam or advertisements,
contain personally identifying information about any Power.Global user or account holder;
contain personally identifying information about any Company executives, owners, offices, employees, or agents, including any contact persons listed on Power.Global, or other persons,
contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals;
contain personal grievances.
B) If you have any concerns or complaints regarding the Services, please do not hesitate to contact Power.Global directly at info@power.global.
Reliance on Information Posted.
A) All aspects of the Services are for informational purposes only. No information provided through the Services is intended to be, and must not be taken to be, factual or accurate knowledge or advice. No aspect of the Services should be considered, or used as a substitute for, professional knowledge or advice.
B) The information presented on or through the Company’s Website or App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.
C) Power.Global may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinion and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third-party for the content or accuracy of any materials provided by any third parties.
Reliance on Information Posted.
A) All aspects of the Services are for informational purposes only. No information provided through the Services is intended to be, and must not be taken to be, factual or accurate knowledge or advice. No aspect of the Services should be considered, or used as a substitute for, professional knowledge or advice.
B) The information presented on or through the Company’s Website or App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.
C) Power.Global may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinion and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third-party for the content or accuracy of any materials provided by any third parties.
Changes to Power.Global.
A) We may update the content on Power.Global, including with regard to the Services (and support services) from time to time, but its content is not necessarily complete or up-to-date. Any of the material on Power.Global may be out of date at any given time, and we are under no obligation to update such material.
B) We may from time to time issue upgraded versions of Power.Global. You consent to such automatic upgrading on Power.Global (for full functionality) and agree that these Terms of Use shall apply to all such upgrades.
Information About You.
All information we collect on Power.Global is subject to our Privacy Policy. By using Power.Global or Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to Power.Global.
A) You may link to Power.Global, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
B) You may use the above features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
establish a link from any website that is not owned by you,
cause Power.Global or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or on-line linking, on any other site, nor
otherwise take any action with respect to the materials on Power.Global that is inconsistent with any other provision of these Terms of Use.
C) You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
D) We may disable all or any social media features and any links at any time without notice in the Company’s sole discretion.
Links from Power.Global.
If Power.Global contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or apps linked to Power.Global, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or apps, where applicable.
Third-Party Materials.
Power.Global or the Services might display, include or make available third party content (including data, information, articles, applications, or other products, services or materials) or contain links to third-party websites, services, and advertisements for third-parties such as Promotions (defined below) (collectively, the “Third-Party Materials”). You agree that Power.Global is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Power.Global does not assume and will not have any liability or responsibility to you or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience.
Disclaimer of Warranties.
A) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, Power.Global, or the Services, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website or App for any reconstruction of any lost data.
B) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, mobile device, computer programs, data or other proprietary material due to your use of Power.Global or any services or items obtained through Power.Global or to your downloading of any material posted on it, or on any website or app linked to it.
C) We do not manufacture or control any of the Products offered on Power.Global. The availability of products or services through our Website or App does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website or App. However, the products and services offered on our Website or App are covered by the manufacturer's warranty as detailed in the product's description on our Website or App and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
D) Your use of Power.Global, its content and any Services or Products obtained through Power.Global is at your own risk. Power.Global, its content and any services or items obtained through Power.Global are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of Power.Global. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that Power.Global, its content or any services or items obtained through Power.Global will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Website or App or the server that makes it available are free of viruses or other harmful components or that Power.Global or any services or items obtained through Power.Global will otherwise meet your needs or expectations.
E) The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranty of merchantability, non-infringement, and fitness for a particular purpose.
F) The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
Limitation on Liability.
A) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, POWER.GLOBAL, ANY WEBSITES OR APPS LINKED TO IT, ANY CONTENT ON POWER.GLOBAL OR SUCH OTHER WEBSITES OR APPS ANY SERVICES OR ITEMS OBTAINED THROUGH POWER.GLOBAL OR SUCH OTHER WEBSITES OR APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
B) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MAXIMUM AGGREGATE LIABILITY OF POWER.GLOBAL ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE POWER.GLOBAL SERVICES AND POWER.GLOBAL EXCEED THE LESSER OF (I) THE AMOUNT PAID, IF ANY BY YOU TO US FOR ANY SERVICES OR (II) $100.00.
C) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Power.Global or Services, including, but not limited to, your User Uploads, any use of Power.Global’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from Power.Global or Services.
Governing Law and Jurisdiction..
All matters relating to Power.Global, Services, Privacy Policy and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Dispute Resolution.
At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use, the Privacy Policy, Power.Global, or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, first to mediation in the United States, then next to final and binding confidential arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Relationship of the Parties.
Nothing contained in these Terms of Use or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Waiver; Severability.
A) No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
B) If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement.
The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and the Company with respect to Power.Global, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Power.Global and Services.
Your Comments and Concerns.
A) All feedback, comments, requests for technical support and other communications relating to Power.Global should be directed to info@power.global
