Terms and Conditions of Use Agreement
THIS PAGE STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THIS
INTERNET SITE. PLEASE READ THIS PAGE CAREFULLY. IF YOU DO NOT ACCEPT THE TERMS
AND CONDITIONS STATED HERE, YOU MAY NOT, AND ARE NOT AUTHORIZED TO, USE THIS
SITE. Silver State Renewables, Inc.. MAY REVISE THESE TERMS AND CONDITIONS AT ANY TIME BY UPDATING
THIS POSTING. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVISE THE TERMS AND
CONDITIONS BECAUSE THEY ARE BINDING ON YOU WHEN YOU USE THIS SITE.
Limited License to Use. Silver State Renewables,
Inc. hereby grants you a limited, non-exclusive, non-assignable and
non-transferable license to access and use the web site operated by Silver State Renewables, Inc. provided and expressly conditioned upon, your agreement that all such
access and use shall be governed by all of the terms and conditions set forth in
this Terms and Conditions of Use Agreement (this "Agreement").
You hereby acknowledge and agree as follows:
The Internet Site. The term Internet Site shall be deemed to
include all areas, pages and any subscription of any other software, product,
service, plan, data, information provided by Silver State Renewables, Inc. or
third-parties (collectively referred to herein as "Information") on
"silverstaterenewables.com" Internet domain. From time to time, Silver State Renewables, Inc. may display or allow third parties to display Information on
the Internet Site. Silver State Renewables, Inc. does not guarantee the availability,
accuracy or reliability of any such Information or endorse the products or
services of any third party. Silver State Renewables, Inc. shall not be liable, directly
or indirectly, for any loss or damage arising out of your use or reliance upon
any of the Information or the products featured on the Internet Site, regardless
of whether the information was created by Silver State Renewables, Inc. or a third party.
Ownership and Use. Copyright 2000 Silver State Renewables, Inc.. All
rights reserved. The Information is the valuable, exclusive property of Silver State Renewables, Inc. or its licensors, and nothing in this Agreement or on the
Internet Site shall be construed as transferring or assigning any such ownership
rights to you or any other person or entity. The Information is protected by
contract law and various intellectual property les, including domestic and
international copyright laws. Except as expressly permitted by this Agreement,
you may not copy, adapt, distribute, commercially exploit, or publicly display
the Information or any portion thereof in any manner whatsoever without Silver State Renewables, Inc.'s prior written consent. You may not remove, alter, or obscure
any copyright, legal or proprietary notices in or on any portions of the
Information. Silver State Renewables, Inc. and its associated logos, and all page
headers, marks, trade names, custom graphics buttons, and icons on the Internet
Site are service marks, trademarks, or copyrighted materials of Silver State Renewables, Inc. or its licensors of other third parties. You may store in the memory
of your computer and may manipulate, analyze, reformat, print and/or display for
your use only the Information received or accessed through the Internet Site
pursuant to this Agreement. You may not resell, redistribute, broadcast or
transfer the Information or use the Information in a searchable,
machine-readable database or file. Unless separately and specifically authorized
in writing by Silver State Renewables, Inc., you may not rent, lease, sublicense,
distribute, transfer, copy reproduce, publicly display, publish, adapt, store or
time-share the Internet Site, any part thereof, or any of the information
received or accessed therefrom to or through any other person or entity. You
agree to use the Internet Site and Information for lawful purposes only. You
agree not to post or transmit any information through the Internet Site which
(1) infringes the rights of others or violated their privacy or publicity
rights, (2) is unlawful, threatening, abusive, defamatory, libelous, vulgar,
obscene, profane, indecent of otherwise objectionable, or (3) is protected by
copyright, trademark or other proprietary right without the express permission
of the owner of such right. You shall be solely liable for and damages resulting
from any infringement of copyright, trademark or other proprietary right, or any
other harm resulting from any uploading, posting of submission.
You hereby grant to Silver State Renewables, Inc. and its affiliates a worldwide,
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display any message posted on the Internet Site or an
email sent by you to Silver State Renewables, Inc. (in whole or in part) and to
incorporate it in other works in any form, media or technology now known or
later developed.
Silver State Renewables, Inc. may add, withdraw or modify Information or remove any
line within the Internet Site or services provided through the Internet Site any
time in its sole discretion. You agree to review the terms and conditions of
this Agreement periodically to be aware of such revisions.
Linking. You may not link to any page within the Internet Site
without the prior written authorization of Silver State Renewables, Inc.. You may not use
any of Silver State Renewables, Inc.'s, its licensor's proprietary logos, marks or other
distinctive graphics, video or audio material in your links. You may not link in
any manner reasonably likely to (1) imply affiliation with or endorsement or
sponsorship by Silver State Renewables, Inc.: (2) cause confusion, mistake, or deception;
(3) dilute Silver State Renewables, Inc.'s or its licensor's trademarks, service marks or
other intellectual property; or (4) otherwise violate state or federal law.
Links to Other Web Sites. This Internet Site may point or
link to Web sites of third parties ("Third Parties") or to other Web
pages or an area from which you can purchase goods and products or use services
and features of those Third Parties ("Linked Sites"). Silver State Renewables, Inc. provides such links only as a courtesy to you and makes no or
guarantee of access to, or representation or warranty that the links provided
will enable every user to reach, the Linked Sites, and Silver State Renewables, Inc.
shall not be held liable, directly or indirectly, for any loss or damage caused
by your use of the Linked Sited or the links to them. Your use of the Linked
Sites and all purchases of Third-Party products and services by you shall be
subject to the applicable Third-Party terms and conditions. Further, such links
do not and are not intended to create or constitute a legal affiliation between
Silver State Renewables, Inc. and any Third Parties, any liability or responsibility on
the part of Silver State Renewables, Inc. for the Information, advice, representations,
products or service of any Third Parties, or any endorsement, warranty or
guaranty of their products and services or the performance or quality of same,
all of which are disclaimed by Silver State Renewables, Inc..
Delays in Services. Neither Silver State Renewables, Inc. nor any of its
licensors of Third Parties (including its and their partners, officers,
directors, employees, affiliates, agents, representatives or subcontractors)
shall be liable for any loss or liability resulting. directly or indirectly,
from delays or interruptions due to electronic or mechanical equipment failures,
telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts
of God, riots, armed conflicts, acts or war, or other like causes. Silver State Renewables, Inc. shall have no responsibility to provide you access to the Internet
Site.
Monitoring. You acknowledge the Silver State Renewables, Inc. reserves
the right to, and may from time to time, monitor any and all information
transmitted or received through the Internet Site. Silver State Renewables, Inc., in its
sole discretion and without further notice to you, may (but in not obligated to)
review, censor or prohibit the transmission or receipt of any Information which
Silver State Renewables, Inc. deems inappropriate (such as that specified in Section 3)
or that violate any term or condition of this Agreement. During monitoring,
information may be examined, recorded, copied, and used for authorized purposes.
Use of this Internet Site, authorized or unauthorized, constitutes consent to
such monitoring. Unauthorized uses and unauthorized users of the Internet Site
will be prosecuted to the full extent of the law.
Equipment and Operation. You shall provide and maintain all
telephone and other equipment necessary to access the Internet Site, and the
cost of any such equipment and/or telephone connections or use, including any
applicable taxes, shall be borne solely by you. You shall reimburse Silver State Renewables, Inc. for any such costs incurred by Silver State Renewables, Inc. due to use of the
Internet Site by you; such reimbursement shall be billed to you and payable to
Silver State Renewables, Inc. within 10 days of receipt of the bill. You are responsible
for operating your own equipment and for familiarity with the Information used
with or available through the Internet Site. Silver State Renewables, Inc. reserves the
right to refuse assistance or to charge additional fees if you seek assistance
from Silver State Renewables, Inc. with respect to such Information or any other matters
not directly relation to the operation of the Internet Site.
Limited Warranty and Liability. You acknowledge that the
Information and links provided through the Internet Site are compiled from
sources which are beyond the control of Silver State Renewables, Inc.. Though such
Information is recognized by the parties to be generally reliable, the parties
acknowledge that inaccuracies may occur and Silver State Renewables, Inc. and its
licensors and third-party providers of Information do not warrant the accuracy
of suitability of the Information. FOR THIS REASON, YOU ACKNOWLEDGE AND AGREE
THAT THE INTERNET SITE, THE INFORMATION AND THE LINKS ARE PROVIDED TO YOU ON AN
"AS IS, WITH ALL FAULTS" BASIS. Silver State Renewables, Inc. AND ITS LICENSORS
AND THIRD PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES. WHETHER EXPRESS,
ARE IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY
WARRANTIES ARISING BY VIRTUE CUSTOM OF TRADE OR COURSE OF DEALING AND ANY
IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, Silver State Renewables,
Inc.
AND ITS LICENSORS AND THE THIRD PARTIES DO NOT REPRESENT OR WARRANT THAT THE
INTERNET SITE OF THE INFORMATION OR PRODUCTS OR SERVICES OFFERED AT THEM WILL
MEET YOUR REQUIREMENTS OR ARE SUITABLE FOR YOUR NEEDS. Under this Agreement
,you assume all risk of errors and/or omissions in the Information, including
the transmission or translation of Information. You assume full responsibility
for implementing sufficient procedures and checks to satisfy our requirements
for the accuracy and suitability of the Information and for maintaining any
means which you may require for the reconstruction of lost data or subsequent
manipulations or analyses of the Information provided under this Agreement,
including without limitation, with respect to data and Information obtained
through links to Linked Sites. YOU AGREE THAT Silver State Renewables, Inc. AND ITS
LICENSORS AND THIRD PARTIES (INCLUDING THEIR PARTNERS, OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) SHALL NOT IN
ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE INTERNET SITE OR THE LINKED SITES OR THE
INFORMATION FOR ANY PURPOSE WHATSOEVER.
Viruses. You acknowledge and agree that Silver State Renewables, Inc.
will use reasonable efforts to assure that no viruses or programs with similar
functions operate on or are passed through the Internet Site of the Information.
However, you hereby assume all responsibility (and thereby hold Silver State Renewables, Inc.), by whatever means you deem most appropriate for your needs for
detecting and eradicating any virus or program with a similar function.
FTC Notice. SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE.
Indemnification. YOU AGREE TO AND SHALL INDEMNIFY, DEFEND AND
HOLD HARMLESS Silver State Renewables, Inc. AND ITS LICENSORS (INCLUDING ITS AND THEIR
PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR
SUBCONTRACTORS) FROM AND AGAINST ALL CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER
THAN THE PARTIES TO THIS AGREEMENT ARISING FROM OR RELATING TO YOUR ACCESS TO
AND USE OF THE INTERNET SITE OR LINKED SITES, INCLUDING THE INFORMATION OBTAINED
THROUGH THE INTERNET SITE AND ANY LOSSES, COSTS, DAMAGES, PERSONAL INJURY OR
OTHER EXPENSES ARISING OUT OF YOUR USE OF THIS INTERNET SITE OR THE LINKED
SITES, OR YOUR USE OF OR RELIANCE UPON THE INFORMATION.
Privacy. Silver State Renewables, Inc. does not collect any personal
information about you except when you expressly provide it. Silver State Renewables, Inc.
will not transfer identifying information about you to any other party unless
otherwise stated at the time of collection. Silver State Renewables, Inc. can use your personal
identifying information for editorial, promotional, or marketing purposes,
unless you request that your information not be used in such manner. Silver State Renewables, Inc. will use any personally identifying information of children only for
editorial participation and feedback purposes and will not transfer it to third
parties. Silver State Renewables, Inc. will not place a "cookie" in the browser
files on your computer. Use of personal information collected at the Linked Sites is
controlled by the privacy policies of the applicable Third Parties.
No Conflicting Terms. If there is any conflict between this
Agreement and any help text, manuals or other documents, this Agreement shall
govern, whether such other documents are prior to or subsequent to this
Agreement, or are signed or acknowledged by any partner, officer, director,
employee, affiliate, agent, representative or subcontractor of Silver State Renewables, Inc..
Attorney's Fees. If Silver State Renewables, Inc. takes action (by
itself or through its representatives) to enforce any of the provisions of this
Agreement, including collection of any amounts due hereunder, Silver State Renewables, Inc. shall be entitled to recover from you (and you agree to pay), in
addition to all sums to which Silver State Renewables, Inc. is entitled or any other
relief, at law or in equity, reasonable and necessary attorney's fees and any
costs of any litigation.
Governing Law; Limitations; Venue. This Agreement shall be
governed by the laws of the State of Nevada, excluding any rule of principle
that would refer to and apply the substantive law of another state or
jurisdiction. To the extent allowed by applicable law, any claims or causes of
action arising from or relation to your access and use of the Internet Site or
the Information contemplate by this Agreement must be instituted within two (2)
years from the date upon which such claim or cause arose or accrued. Further,
any such claim or cause of action may only be brought in the state and Federal
courts located in Elko County, Nevada and you agree to submit to the exclusive
personal jurisdiction of such courts and hereby appoint the Secretary of State
of Nevada as your agent for service of process. You hereby waive any objection
and the fight to raise any future objection that the state or Federal courts of
Elko County, Nevada are an inconvenient forum for the resolution or any dispute
of claim arising under this Agreement.
Severability. If any provision of this Agreement is found to be
unlawful, unenforceable in any respect, the court shall reform such provision so
as to render it enforceable (or, if it is not possible to reform such provision
as to make it enforceable, then delete such provision): and, as so reformed or
modified, fully enforce this Agreement.
Entire Agreement. This Agreement is complete and effective at
the time you agree to it by using this Internet site, and this Agreement
constitutes the entire agreement between you and Silver State Renewables, Inc. concerning
the subject matter hereof, and no other agreement, written or oral, exists
between you and Silver State Renewables, Inc..
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