Terms and conditions

EVIPOWER INC. TERMS AND CONDITIONS

LAST UPDATED ON FEBRUARY 16, 2019

  1. BINDING AGREEMENT

Evipower Inc. and its affiliates (collectively, “EVIPOWER”) own and operate a public website (including www.evipower.com); operate an online forum, Amazon account, relevant pages, groups, and bots (collectively, the “Sites”).

Your use of the Sites and associated products and forums, regardless of media, is subject to the terms and conditions set forth herein, to the Privacy Policy and to all applicable laws and regulations. EVIPOWER may modify or amend these terms and conditions at its discretion and without advance notice.

These terms and conditions constitute a binding agreement between EVIPOWER and you. By accessing or using the Sites, you hereby accept this agreement. As indicated above, this agreement may be updated, and by using the Sites after changes are made to this agreement, you agree to be bound by such changes.

  1. ACCESS TO THE SITES

As a condition to access the Sites, you confirm that you are over the age of thirteen (13) and that you have provided accurate and complete information in any communication with EVIPOWER.

Access to the Sites does not create a professional services relationship or any other relationship with EVIPOWER.

The majority of access to the Sites is provided free of charge. To access some portions of the Sites, you may be required to create an account and password by completing a registration form, which requests certain information (“Registration Data”). By registering, you agree to Registration Data that is true and current. You agree to maintain and update this information to keep it accurate and current. You are responsible for maintaining the confidentiality of your Registration Data and password.

Some of the Sites may allow you to sign in using information from your account with a third party service, such as Facebook. Such third party services are unrelated to EVIPOWER, and that your use of any third party services is subject to the terms and policies of those services. EVIPOWER is not liable for personally identifiable information that may be provided to us by such third party service providers in violation of the privacy settings that you have set in such third party service accounts.

  1. USER CONTENT

Some of the Sites allow users to create, upload, submit, and/or post content, images, comments, and other similar information (“User Content”).

By creating, uploading and/or submitting User Content to or on the Sites, you confirm and warrant you have the right to utilize, and post the User Content. You also confirm that the posting or publication of your User Content does not violate any laws or any person or entity’s legal rights.

You grant EVIPOWER a non-exclusive, worldwide, royalty-free, and perpetual license to use, copy, assign, display, distribute, perform, and reproduce in whole or in part, the User Content in whole or part, without any restrictions, for the sole intended purpose of the Sites. You waive any intellectual property rights you may have to User Content. EVIPOWER is not responsible for, and cannot prevent, the publication or use of your User Content by any third parties.

EVIPOWER reserves its right to remove or modify any User Content from the Sites at any time without notice.

  1. USE OF THE SITES

You are responsible for your usage of the Sites as well as any acts and omissions that occur during or relating to your use of the Sites. You confirm and agree to not engage in any unethical, illegal and/or unacceptable use of the Sites, which includes, without limitation, use of the Sites to (i) threaten, harass or harm any other user(s) and/or the general public; (ii) post User Content that is defamatory, or otherwise unlawful; (iii) transmit unsolicited User Content that could qualify as spam; (iv) publish User Content that is otherwise protected by any intellectual property or copyright laws to which you have no valid legal right; (v) publish User Content that infringes any applicable law or regulation; and/or (vi) publish User Content that infringes any of the Terms and Conditions provided herein.

  1. THIRD PARTY CONTENT AND OPINIONS

All third party content, opinions, and other information published on the Sites by other users or third party users are their own and not those of EVIPOWER. Third parties are each solely responsible for the content posted or uploaded to the Sites. The accuracy and completeness of such posts and information is not endorsed or guaranteed by EVIPOWER. EVIPOWER has no control over the information you may access on their Site via links or third party content and EVIPOWER declines all responsibility for any of the information described herein.

  1. INTELLECTUAL PROPERTY

All content, designs, and trade secrets developed by EVIPOWER or appearing on the Sites are the sole property of EVIPOWER. You acknowledge that all content, photos, sales, and other materials on the Sites are the exclusive property of EVIPOWER, regardless of the origin thereof.

Except in accordance with these terms and conditions or with prior written consent of the owner of the materials, you may not copy, reproduce, modify, upload, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Sites.

Nothing contained in the Sites or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of EVIPOWER or any third party.

EVIPOWER’s products, including third party and content on the Sites, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from EVIPOWER.

  1. LIABILITY AND RESPONSIBILITY

This information provided on the Sites often relies on data obtained from many sources, and EVIPOWER cannot guarantee the accuracy of the information provided.

YOU EXPRESSLY AGREE THAT THE USE OF THE SITES IS AT YOUR SOLE RISK. EVIPOWER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVIPOWER DISCLAIMS ANY WARRANTY THAT THE SITES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE.

Except as otherwise provided, EVIPOWER makes no representation regarding the confidentiality of any communication or information transmitted on the sites or any website linked to the sites.

EVIPOWER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS, UNDER ANY LEGAL THEORY, REGARDLESS OF WHETHER EVIPOWER WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULL EXTENT PERMISSIBLE BY THE LAW, EVIPOWER DISCLAIMS ALL RESPONSIBILITY FOR ANY DAMAGES OR LOSS ARISING FROM THE USE OF OR INABILITY TO USE THE SITES OR ANY CONTENT APPEARING ON THIS SITE.

  1. INDEMNIFICATION

You agree to indemnify, defend and hold EVIPOWER and its and their directors, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of the Terms and Conditions; (b) any allegation that any User Content infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites.

  1. JURISDICTION

The use of the Sites and any claim or dispute relating to the Sites shall be governed by the laws in the province of British Columbia and the applicable Canadian laws. In the event of any dispute arising out of or relating to these Terms and Conditions and/or the Sites, the dispute will be submitted to the jurisdiction of the competent courts in the province of  British Columbia.

  1. TERMINATION

EVIPOWER reserves its right to terminate access to the Sites for any reason, and to take any other actions that EVIPOWER, in its sole discretion, believes to be in the interest of EVIPOWER and some or all of its users.

  1. SEVERABILITY

If any provision or portion of these Terms and Conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect.

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