Terms and Conditions

These Terms and Conditions (“Agreement”) outline the rules and regulations for the use of energytrinity.com.           

These Terms and Conditions apply to energytrinity.com or related websites, owned by Energy Trinity, Inc. (hereinafter, “energytrinity.com”, “company”, “us”, “our”, or “we”.

The following terminology applies to our Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You”, “Visitor”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the United States of America. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

ACCEPTANCE OF TERMS

By viewing, using, or accessing energytrinity.com or related websites, you agree to our Terms and Conditions in full, as outlined below. If you do not agree to these Terms and Conditions, please do not access or use this site.  We reserve the right to change our Terms and Conditions from time to time at our sole discretion without notification to users.  Your use of this site will be subject to the most current version of the Privacy Policy at the time of such use.

LIMITATIONS ON USE

The content, products, and services available through energytrinity.com or related websites is our property or the property of our licensors and is protected by copyright and other intellectual property laws.  You agree not to sell, publish, distribute, retransmit, or otherwise provide access to the content, products or services received through energytrinity.com or related websites to anyone, nor may you reproduce, duplicate, copy, sell, resell, or exploit any material for any commercial purpose for financial gain.

You agree not to create abstracts from or display headlines from our content, products or services for use on another website, service, or websites. You agree not to post any content, products, or services from energytrinity.com or related websites to newsgroups, publications, media channels, web websites, mail lists or electronic bulletin boards.

You agree not to use our content, product, or services and energytrinity.com or related websites for any unlawful purpose. We reserve the right to terminate or restrict your access to energytrinity.com or related websites if, in our opinion, your use of energytrinity.com or related websites may violate any laws, infringe upon another person’s rights, or violate the terms of this Agreement. Also, we may refuse to grant you a username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar, unsuitable, or otherwise offensive in our sole discretion.

The ELECTRIC VEHICLE AND SOLAR SAVINGS MULTIPLIER (the “DATA MODEL APPLICATION”) is for consumer use only.  It is not to be used by retailers or their employees in the transportation or energy sector.  Doing so violates this terms of service and can prevent future licensing rights granted to your organization. By utilizing the Data Model Application, you hereby confirm your agreement to the following: There are no warranties with respect to the Data Model Application. The Data Model Application is provided “as is” without warranty of any kind, either express, implied or statutory, including, but not limited to, the warranties of merchantability or fitness for a particular purpose. We do not take responsibility for decisions taken based on the information provided by the Application. (II) We expressly disclaim any legal liability for any losses or damages, including any special, direct, indirect, consequential, incidental or any other loss or damage, whether in contract or in tort (including negligence), including, but not limited to, loss of use, production, revenue and profits, arising from or in connection with the Application or the use or reliance upon the Application. (III) You hereby, on behalf of yourself and the company you represent, waive any claims against any company in our group of companies arising from or in connection with the Application, whether in contract or in tort (including negligence).

Cookies

We employ the use of cookies. By using energytrinity.com or related websites, you consent to the use of cookies in accordance with our privacy policy. Most of the modern-day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Our affiliate / advertising partners may also use cookies.

Copyrights/Trademarks/Branding/Logos/Licenses

Unless otherwise stated, we and/or our licensors own the intellectual property rights encompassing copyrights, trademarks, branding, logos and licenses for all material, products, and services on energytrinity.com or related websites.  All intellectual property rights are protected and reserved.  No part of this website may be used, reproduced, photocopied, facsimiled, video recorded, audio recorded, stored in a data retrieval system, electronically transmitted, or be the basis for any derivative works whatsoever.  These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted.  Energy Trinity, Inc. will use all legal remedies necessary to protect its intellectual property, including its patents, trademarks and copyrights.  Accordingly, neither this internet site, nor any material contained therein shall in any way grant or be taken to grant any person a license to Energy Trinity, Inc.’s intellectual property. Doing so constitutes unlawful piracy and theft of our intellectual property.

No Warranties or Representations

The information on this internet site is provided by Energy Trinity, Inc. “as is” and to the extent permitted by law, is provided without warranty of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for any particular purpose, or noninfringement. While the information provided is believed to be accurate, it may include errors or inaccuracies.

This internet site may contain links to external sites which are not under the control of Energy Trinity, Inc. Therefore, we are not responsible for the content of any linked site. Energy Trinity, Inc. is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Energy Trinity, Inc. of the linked site.

Company, Service, Product, and Domain Names

You may not register any of our trademarks, logos, phrases, brands, or any potentially confusing variation thereof, as part of your names in the following: domain, company, trade, service, or product.

You may not combine your company name, trade name, service name, product name or domain name in conjunction with any of our trademarks.

Social Media

You may not use any of our trademarks as the name of your social media account, and any and all pages or communities should not include any of our trademarks. Any associated account, page or community images should also not include any of our logos.

Website and Merchandise

You may not manufacture, sell, or give away any merchandise items that bear any of our trademarks, logos, phrases or brands.

You may view and/or print pages from energytrinity.com or related websites for your own personal use subject to restrictions set in these terms and conditions:

You must not:   

• Republish material from energytrinity.com
• Sell, rent or sub-license material from energytrinity.com
• Reproduce, duplicate, or copy material from energytrinity.com
• Redistribute content from energytrinity.com

Hyperlinking to our Content

You may not hyperlink our content for commercial, sponsorship or affiliation purposes.

I frames

You may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our website.

Reservation of Rights

We reserve the right at any time and in our sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and our linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking Terms and Conditions.

Removal of links from our website

If you find any link on our website or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

While we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. 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 or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

Disclaimer of Representations and Warranties

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our products, services, and website(s) (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or

exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the information, products and services on the website(s) are provided free of charge, we will not be liable for any loss or damage of any nature.

We expressly disclaim all representations and warranties related to any use of the energytrinity.com or related websites, or the content will meet any requirements or needs you may have, or that they will operate error free. In addition, you agree that we provide access to our websites, and the services “as is” and on an “as available” basis and make no warranty with regard to the services or the suitability of the services for your needs. We specifically disclaim any representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability or fitness for a particular purpose.

The products, services and content of our websites may not provide investment, financial or tax advice that pertain to your specific situation and should not be used to make any investment decisions. We do not advocate the purchase or sale of any specific security or investment. You should always seek the assistance of a professional for tax, financial and investment advice.

We make no express, implied or statutory warranties, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No agent or employee of ours is authorized to make any modifications, extensions, or additions to this warranty.

Limitations of Liability

Under no circumstances and under no legal theory, tort, contract, or otherwise, shall we, our subsidiaries, affiliated entities, officers, employees, contractors, agents, licensees or licensors, or its suppliers or resellers (either jointly or severally) be liable to you or any other person, including without limitation, for any indirect, special, incidental, exemplary, punitive, consequential damages or other loss of any character, relating to the website, online community or content, this agreement or activities relating thereto even if we have been informed of the possibility of such damages. The limit of the aggregate liability to us for direct damages shall not exceed the fees you paid for any of our products or services. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then our liability will be limited to the fullest possible extent permitted by applicable law.

If any part of this Agreement is found to be void unenforceable or invalid, it shall not affect the other provisions of this Agreement. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement nor will it be deemed a waiver of future enforcement of that or any other provision. This Agreement is personal to you, which means that you may not assign your rights or obligations, by operation of law or otherwise, under this Agreement to anyone and no third party is a beneficiary of your rights under this Agreement.

You agree that by clicking the “I agree” button or by your other use of website, you acknowledge and you agree that: 1) you have read this agreement, understand it, and agree to be bound by all its terms and conditions; 2) by accepting the agreement, the agreement will be deemed accepted and signed by you personally; 3) if you click “I agree” without actually reading or printing this agreement, you will nevertheless be legally bound; and 4) you warrant and represent that you are an adult and not under any disability in making a contract.

1. Definitions

Account means your website user account.

Application means any service, application, algorithm, software and other tool and processing capability, including, but not limited to, software as a service, data as a service or website as a service, uploaded on the Websites.

Claim means any and all claims, losses (including pure economical losses), demands, taxes, liens, liabilities, judgments, awards, provisional injunctions, remedies, debts, damages, injuries, costs, legal and other expenses, or causes of action of whatsoever nature, and in whatever jurisdiction the foregoing may arise.

Confidential Information means information that one party discloses to the other party under this Agreement which would normally under the circumstances be considered to constitute business secrets. Confidential Information does not include information to the extent that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, becomes public through no fault of the recipient, is required to be disclosed to public or accreditation authorities based upon law or applicable accreditation schemes or is unlocked or made available on the websites.

Consumer means a user who is granted access to our content on the websites.

Data means all binary files, digital material, video or images in the format uploaded on the websites.

Intellectual Property Rights means current and future rights under applicable patent, copyright, trademark, design, marketing, database and other law as well as other similar rights according to laws and statutes.

Websites means Energy Trinity websites available at energytrinity.com or related websites.

Security Issue means either: (i) a user’s use of our services and products in violation of this agreement, the applicable requirements and policies, insofar they could in our sole discretion potentially disrupt: (a) Our Products and Services; (b) other users’ use of our Products and Services; or (c) the infrastructure, tools and applications used to provide our Products and Service; or (ii) unauthorized third party access to our Products and Services; (iii) loss of or unauthorized third party access to Data; (iv) use of Applications in a manner that may in our sole discretion constitute a security or reputational threat against us, the websites infrastructure or our Products and Services.

User Content means an Application and/or Data uploaded, and if applicable made available and/or offered, by you on the websites.

2. Description of ENERGY TRINITY

2.1 energytrinity.com is a consumer-based platform that offer products and services primarily related to Electric Vehicles and Solar Energy (transportation and energy).

2.2 Use of energytrinity.com or related websites may be subject to payment of fees. We reserve the right to adjust the fees and any such adjustment will be effective as of the date published on the websites.

2.5 You acknowledge to have verified the suitability of energytrinity.com or related websites for your needs, and to have received all the information and advice needed to conclude this Agreement and any Transaction in full knowledge.

3. No consumer, agency or distribution relationships etc.

3.1 To the extent allowed under applicable law, you waive any rights available under applicable consumer law.

3.2 We do not undertake the role as agent or distributor of applications, products, data or services for users. To the extent allowed under applicable law, you waive any rights or claims against us under applicable agency law or law pertaining to distributors of goods and services.

4. Your Account

4.1 To access certain content within energytrinity.com or related websites you may be requested create an account and provide correct and up-to-date information about you and any other documentation requested by us.

4.2 You are responsible for all activities that occur under your Account, including but not limited to sharing of access data, regardless of whether the activities are undertaken by you, or a third party and, except to the extent caused by our breach of this Agreement, we are not responsible for unauthorized access to your account. You shall contact us immediately if you believe an unauthorized person may be using your account or if your account information is lost or stolen.

4.3 Your Account may at any time be subject to a verification procedure by us and in this respect, you shall be required to provide such information and/or documentation as requested by us.

4.4 You shall defend and hold harmless us for all and any costs or losses, including but not limited to, loss of or unintentional propagation of data, arising from or in connection with your non-compliance with the applicable user and company administrator requirements.

5. Provision of Services

5.1 Subject to the terms of this Agreement, we will make our Products and Services available to you in a timely and professional manner.

5.2 We will use reasonable efforts to (i) implement market standard measures to ensure the security and confidentiality of User Content; (ii) protect the websites against anticipated threats or hazards to security or integrity; and (iii) protect against unauthorized access to or use of our Products and Services and the Applications or Data made available on the websites.

5.3 You acknowledge and agree that we are using third party providers for the provision of parts of the websites, including but not limited to, certain components, cloud infrastructure, hosted services, tools, processing capabilities and other products, apps and services, if any. You may be required to accept third party terms or terms which mirror third party providers’ terms for specific Product and Service components, tools and software.

5.4 Tools used or given access to as part of our Products and Services may be subject to open source or similar licenses. We will use reasonable endeavors to inform you about this when deemed relevant.

5.5 For security purposes and to ensure that our Products and Services remains available to all users, we monitor network traffic to identify unauthorized attempts to upload or change information or to otherwise cause damage to the us. Anyone using the websites expressly consents to such monitoring. If monitoring reveals evidence of possible criminal activity, such evidence may be provided to the appropriate authorities.

5.6 We may from time to time add new services to our Products and Services, the use of which may be contingent upon your agreement to additional terms or updated Agreement.

6. Your Responsibilities

6.1 You shall at all times comply with the requirements set out in or referred to in this Agreement and the relevant specifications.

6.2 You confirm to have read and understood the requirements for the safe operation of the websites and the applicable security requirements, and taken all action needed to adapt your Applications and/or Data to meet these requirements in a diligent and professional manner.

6.3 You shall employ security procedures and take relevant standard measures to ensure that your use of the energytrinity.com or related websites does not cause damage to the websites or its users. Specifically, you will use good industry practice virus protection software, and other customary procedures to screen your User Content to avoid introducing any virus or other malicious files or other harmful codes that could disrupt the proper operation of the systems used for the provision of energytrinity.com or related websites. If you learn or suspect that a virus or other malicious files or other harmful codes has been introduced on the websites, User will notify us and cooperate in mitigating the effects of such introduction and, in the event a virus or other such code is introduced into the websites by the User, User will at its cost assist us in mitigating the effects.

6.4 Our Products, Services, and energytrinity.com or related websites may not be used in any manner or for any purpose other than as expressly permitted by this Agreement, hereunder, you may not:

(i) interfere with the intended and efficient functioning of the websites;

(ii) reverse engineer, disassemble, or decompile the websites or apply any other process or procedure to derive the source code of any application or software included in the websites;

(iii) use, or promote, facilitate, or instruct others to use our Products, Services, and energytrinity.com for any illegal, harmful, or offensive use, or to transmit, store, display, distribute, or otherwise make available content that is illegal, harmful of offensive; or

(iv) use, or promote, facilitate, or instruct others to use our Products, Services, and energytrinity.com or related websites in any manner that may cause or create a Security Issue.

(v) copy, modify, create a derivative work of, revers engineer, decompile, translate, disassemble, or otherwise attempt to extract any or all of the source code of energytrinity.com or related websites or the Applications and Data provided on or through energytrinity.com or related websites; or

(vi) sublicense, resell, or distribute any or all of the same.

7. Intellectual Property Rights

7.1 For the purpose of this Agreement, each party shall remain the sole owner of any of its Intellectual Property Rights existing prior to the date of this Agreement and, except as explicitly set out in this Agreement, nothing herein shall imply any transfer or grant of rights to any such Intellectual Property Rights.

7.2 User warrants that it holds all necessary Intellectual Property Rights to the Data and Applications it makes available on energytrinity.com or related websites. User shall indemnify and hold harmless us from any claim we or you might suffer or receive as a consequence of any infringement of third-party rights, including legal cost.

7.3 Regardless of anything to the contrary herein, we will be entitled to access, use and process Applications and Data for the purpose of operating, enhancing, and optimizing energytrinity.com or related websites. This right does not include your right to further develop, modify or further distribute the Data.

8. Confidentiality

8.1 We will not disclose Confidential Information, except: (i) to the extent accepted by you; or (ii) to employees, agents or professional advisors who need to know it for the purpose of the recipient’s obligations towards us in relation to our Products and Services, and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential.

8.2 Notwithstanding any provision to the contrary in this Agreement, we may also disclose Confidential Information to the extent required by applicable law, provided that we use commercially reasonable efforts to: (i) promptly notify the User of such disclosure before disclosing; and (ii) comply with the User’s reasonable requests regarding its efforts to oppose the disclosure.

9. Personal Data – Privacy Statement

The use of energytrinity.com is governed by our privacy statement, which must be accepted by the User before accessing the websites. Our privacy statement is available here https://energytrinity.com/Privacy-Statement

10. Fees and Taxes

10.1 All fees stated on the websites are exclusive of any form of applicable indirect taxes such as value added tax, goods, and service tax, import tax and/or similar taxes or duties levied thereon.

10.2 No disputes arising between us and the user shall interfere with prompt payment of invoices by user. Any rights of lien or retention in favor of user, statutory or otherwise, are hereby excluded. The user shall have no right to set-off any sums including sums in respect of counter-claims unless such counter-claim is undisputed or has been finally adjudicated upon by the courts.

11. Indemnifications

11.1 Each party shall indemnify and hold harmless (as the indemnifying party) the other party and the other party’s affiliates, subsidiaries, agents and subcontractors, and its and their employees and other representatives (as the indemnified party), from and against all Claims in respect of: (i) bodily injury, sickness, disease, or death of any of the indemnifying party’s or its affiliates’ or subcontractors’ employees or other representatives; and (ii) loss of or damage to the indemnifying party’s or its affiliates’ or subcontractors’ property or equipment.

11.2 User shall indemnify and hold us harmless, and subsidiaries from and against all claims, damages, losses, and expenses in respect of claims against us relating to this Agreement made by the User’s parent companies, affiliates, subsidiaries, or joint ventures outside or exceeding the limitations in the limitation of liability in section 12.1 above.

11.3 The indemnities set out above shall apply howsoever any relevant claims, damages, losses, or expenses may arise and regardless of whether under contract, tort (including negligence) strict liability or otherwise, except if and to the extent caused by the indemnified party’s intentional and wrongful act or omission with the intent to inflict damage or injury or other circumstances for which a party may not lawfully limit its liability under this Agreement’s applicable law.

12. Force Majeure

12.1 No party shall be in breach of the Agreement, nor liable for any failure or delay in performance hereunder if the cause of such failure or delay is attributable to events beyond the reasonable control, including but not limited to armed conflict, terrorist attack, civil war, riots, toxic hazards, epidemics, natural disasters, extreme weather, fire, explosion, failure of utility service, labor disputes, breakdown of infrastructure, cyber-attacks or other cyber event which is not prevented through use of market standard fire walls, anti-virus-programs or other market standard protection, safety or security measures, transport delays, or any public restrictions following any of the incidents above, or any other force majeure occurrence.

13. Duration, Termination and Suspension

13.1 In case user fails to fulfil one of its obligations as set forth in this Agreement we reserves the right interrupt access to energytrinity.com or related websites during the time required to receive an explanation by the user. If the user does not remedy the failure within a reasonable period of time following notification or in case we, in our sole discretion, has basis to believe there is a Security Issue, we may stop or suspend, fully or partially, the provision of access to energytrinity.com or related websites and/or terminate the Agreement with immediate effect without incurring any liabilities.

13.2 Termination shall not have effect upon clauses set out in this Agreement which by their nature would be meant to have effect also after the termination of the Agreement, including but not limited to Sections 8 Confidentiality, and 11 Indemnifications.

13.3 User’s termination of this Agreement shall constitute an instruction to us to stop granting other users of the websites access to the Data and Applications provided by the terminating user.

13.4 Upon termination of the Agreement, user’s right to access to energytrinity.com or related websites will be disabled.

13.5 If you become aware that your use of energytrinity.com or related websites is in breach of this Agreement, the Specifications, or any other applicable requirements, you shall immediately cease the activities concerned, suspend the Account and/or remove the relevant Data or Application, to the extent applicable. If you fail to suspend or remove as noted, we may specifically request that you do so. If you fail to comply with our request to do so within twenty-four hours, then we may disable the relevant activity, and/or access to energytrinity.com or related websites until such violation is corrected.

14. Amendments to the Agreement

14.1 ENERGY TRINITY reserves the right to make changes to the Agreement from time to time, without providing individual notice.

14.2 All such changes will take immediate effect and apply for future use of the websites and energytrinity.com or related websites.

14.3 You acknowledges that it is your responsibility to monitor such changes and your continued use will constitute full acceptance of the updated Agreement.

15. Miscellaneous

15.1 All notices must be in writing and addressed to the other party. The email address for notices being sent to us is contact@energytrinity.com. Notice will be treated as given on receipt as verified by written or automated receipt or by electronic log (as applicable).

15.2 Should any provision of this Agreement be held to be invalid or unenforceable, such shall not affect the validity or enforceability of any other part or provision of the Agreement. Such provision shall be amended to the extent necessary to make the provision valid and enforceable, while keeping as strictly and closely as possible to the original wording and purpose of the provision.

15.3 We may, without prior notice, assign, transfer, or delegate in any other manner any or all of its rights and obligations under this Agreement to any affiliate. For the purposes of this clause only affiliate shall mean any entity that directly or indirectly controls, is controlled by, or is under common control with us. A business entity shall be deemed to control another if it owns, directly or indirectly, in excess of 50% of the outstanding voting securities or capital stock of such business or any other comparable equity or ownership with respect to a business entity.

15.4 The Agreement shall be exclusively governed and construed in accordance with the laws of the United States without regard to principles of conflicts of law. The Law on International Sales of Goods shall not apply. Any dispute arising in relation to or as a consequence of the Agreement, which cannot be settled amicably through negotiations between the parties, shall be brought exclusively in the courts of Delaware, United States of America.