Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE.
All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable laws.
I. COPYRIGHT NOTICE
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States and
other copyright laws, and is the property of Alta Power Corp. The collective
work includes works that are licensed to Alta Power Corp. Copyright 2007, Alta
Power Corp
ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with Alta
Power Corp
or purchasing Alta Power Corp products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with Alta Power
Corp
or to purchase Alta Power Corp products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by Alta Power
Corp.
You further agree not to change or delete any proprietary notices from materials
downloaded from the site.
II. TRADEMARK NOTICE
All trademarks, service marks and trade names of Alta Power Corp used in the
site are trademarks or registered trademarks of Alta Power Corp
III. RESTRICTION ON USE
No permission is granted for use the materials, information, text or graphics,
and/or to hyperlink other Web Sites with this Web Site, or to use the materials
on your Web Site in any way or for any reason without prior specific
authorization from Alta Power Corp. Alta Power Corp reserves all rights
not expressly granted herein.
IV. THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Alta Power Corp
may link to sites operated by third parties. However, even if the third party is
affiliated with Alta Power Corp, Alta Power Corp has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of Alta Power Corp. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
Alta Power Corp
seeks to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work).
V. REGISTRATION Customer Accounts; Use of Site
Purchasing online requires you to first open a Personal User Account. Buyer's
are responsible for maintaining the confidentiality of your Account information,
including your password, and for all activity that occurs under your seller
account. You agree to notify Alta Power Corp immediately of any unauthorized
use of your account or password, or any other breach of security. Buyer's may be
held liable for losses incurred by Alta Power Corp or any other user of the
Site due to someone else using your password or customer account. Buyer's may
not use anyone else's password or customer account at any time. Buyer's may not
attempt to gain unauthorized access to the Site. Should Buyer's attempt to do
so, assist others in making such attempts, or distributing instructions,
software or tools for that purpose, then your customer account will be
terminated. Buyer's agree to provide Alta Power Corp with accurate, current
and complete information about yourself and your billing information as prompted
by the registration process. Buyer's may update any Personal Account information
at any time, designate a different credit card to be billed, or change the
applicable expiration date on your currently designated credit card. Buyer's may
not use any automatic device, program, algorithm or methodology, or any similar
or equivalent manual process, to access, acquire, copy, probe, test or monitor
any portion of the Site or any Content, or in any way reproduce or circumvent
the navigational structure or presentation of the Site or any Content, to obtain
or attempt to obtain any materials, documents or information through any means
not purposely made available through the Site. Buyer's agree not to take any
action that imposes an unreasonable or disproportionately large load on the
infrastructure of the Site or any of the systems or networks comprising or
connected to the Site.
Buyer's agree that Alta Power Corp may, in its sole discretion and without
prior notice to Buyer, terminate Buyer's access to the Site and your Personal
Account for any reason, including without limitation: (1) attempts to gain
unauthorized access to the Site or assistance to others' attempting to do so,
(2) overcoming software security features limiting use of or protecting any
Content, (3) discontinuance or material modification of the Site or any service
offered on or through the Site, (4) violations of this Terms of Use, (5) failure
to pay for purchases, (6) suspected or actual copyright infringement, (7)
unexpected operational difficulties, or (8) requests by law enforcement or other
government agencies. Buyer's agree that Alta Power Corp will not be liable
to you or to any third party for termination of Buyer's access to the Site.
VI. CONSENT TO COLLECT; Use and Disclosure of Personal Information
As more fully described in our Privacy Policy, (click here to view), Buyers are
required to disclose certain Personally Identifiable Information to use our
Site, register, and make purchases. As a condition of registering with our Site
or making any purchases of any products and/or services or conduct any
transactions, Buyers represent that you have first read our Privacy Policy and
consent to the collection, use and disclosure of your Personally Identifiable
Information and Non-Personally Identifiable Information as described in our
Privacy Policy. Our Privacy Policy's terms and conditions will change from time
to time, and as a condition of browsing the Site, using any features or making
any purchase, you agree that you will first review our Privacy Policy prior to
making any initial or subsequent purchases.
While Alta Power Corp takes reasonable steps to safeguard and to prevent
unauthorized access to your personal information, we cannot be responsible for
the acts of those who gain unauthorized access, and we make no warranty,
express, implied, or otherwise, that we will prevent unauthorized access to your
private information. IN NO EVENT SHALL Alta Power Corp OR ITS AFFILIATES BE
LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT,
PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A
THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF
WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER
THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Alta Power Corp WAS
GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
VII. CONSENT TO COMMUNICATE VIA EMAIL
By establishing a Personal Account with us, and each time you make a purchase
through our Site, you grant permission for Alta Power Corp to contact you at
your e-mail address. To stop receiving our marketing emails, send an e-mail to
us at crm@altapower.com or follow the opt-out procedures set forth in such
marketing emails
VIII. SALES
All sales are expressly conditional on Buyer's agreement to the standard terms
and conditions presented by Alta Power Corp. Any of the tems and provisions
of Buyer's order which are inconsistent with or in addition to the terms and
conditions hereof shall not be binding on Alta Power Corp and shall not be
considered applicable to the sale or shipment of merchandise referred to herein.
Unless Buyer shall notify Alta Power Corp in writting to the contrary as
soon as practicable after Buyer's receipt hereof, acceptance of the terms and
conditions hereof by Buyer shall be indicated, and, in the absence of such
notificaiton, the sale and shipment by Alta Power Corp of the merchandise
covered hereby shall be conclusively deemed to be subject to the terms and
conditions hereof.
IX. PRICING
Published prices are stated in $US dollars, are effective date of sale, and are
subject to change or discontinuance without notice. Alta Power Corp reserves
the right to correct typographical errors. Price comparisons may be indicated
throughout the site to indicate the relative savings amounts for a purchase.
"LIST PRICE" is the suggested retail price provided to us by our suppliers. We
make no representation that a substantial number of these products have been
sold or offered for sale at the list price. Actual retail prices in your area
may be substantially different. Because we sell our merchandise over the
internet on a national basis, it is not possible to know if our merchandise is
sold at list price in any particular location or at any particular time. "YOU
SAVE" reflects the difference between our price and the supplier provided list
price shown on our sites. Because the list price may be different than the
actual retail prices in your area, you may not actually realize a savings of
this amount and may want to make an exact comparison for yourself by checking
the prices of other internet or local retailers prior to making a purchase.
X. INCORRECT PRICING OR SERVICES
Alta Power Corp shall have the right to refuse or cancel any orders placed
for products and/or services listed at an incorrect price, rebate or refund, or
containing any other incorrect information or typographical errors. Alta Power
Corp
shall have the right to refuse or cancel any such orders whether or not the
order has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is canceled, Alta Power
Corp
shall immediately issue a credit to your credit card account in the amount of
the charge.
XI. MODIFICATIONS; Pricing and Billing Terms
Alta Power Corp reserves the right, at any time to change its prices and
billing methods for products and services sold, effective immediately upon
posting on the site or by email delivery to you.
XII. METHODS OF PAYMENT, Credit Card Terms and Taxes
Accepted forms of payments: VISA, MasterCard, American Express, Discover, Money
Orders or Western Union. We currently do not accept cash, personal checks or any
other payment forms. For additional payment types not mentioned here, please
contact customer service for payment method verification. Your credit card
issuer agreement governs your use of your designated card, and you must refer to
that agreement and not this Terms of Use to determine your rights and
liabilities as a cardholder. BUYERS ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED
AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees
and charges incurred in connection with your purchases (including any applicable
taxes) at the rates in effect when the charges were incurred. Unless you notify
Alta Power Corp of any discrepancies within sixty (60) days after they first
appear on your credit card statement, you agree that they will be deemed
accepted by you for all purposes. If Alta Power does not receive payment from
your credit card issuer or its agent, you agree to pay all amounts due upon
demand by Alta Power Corp or its agents. You are responsible for paying any
governmental taxes imposed on your purchases, including, but not limited to,
sales, use or value-added taxes. Alta Power shall automatically charge and
withhold the applicable sales tax for orders to be delivered to addresses within
Connecticut and any other states or localities that it deems required.
XIII. TAXES
In addition to any price specified herein, Buyer shall pay the gross amount of
any present or future sales, use, excise, value-added, or other similar tax
applicable to the price, sale, or delivery of any product or services furnished
hereunder or to their use by Seller of Buyer, or Buyer shall furnish Alta Power
Corp
with a tax exemption certificate acceptable to the taxing authorities.
International orders may be subject to additional costs, charges and fees such
as Duties, Taxes, Customs Fees, Broker fees and other in country fees.
International orders are considered any order shipped outside the continental
USA. Duties, Taxes, Customs Fees, Broker Fees and other additional charges may
be applied to international orders, by local, in-country, governing agencies,
without prior approval or knowledge by Alta Power Corp. All cost and fees
associated with these charges will be the sole responsiblity of the customer.
Duties, Taxes, Customs Fees and Broker Fees and other additional fees are not
provide to Alta Power Corp proir to shipment and are not able to be
determined or calculated prior to order shipment. Duties, Taxes Customs Fees,
Broker Fees and other additional fees which are not invoiced by Alta Power Corp
prior to order shipment, may be charged by local customs agencies, brokers or
other government agencies upon delivery of an order to the customer, and will be
the sole responsibility of the customer. Alta Power Corp will not be
responsible for any Duties, Taxes, Customs Fees, Broker Fees or additional
Charges assessed due to these in country requirements and payment will be
required directly by the customer. Prior to placing an order with Alta Power
Corp
it is the responsiblity of the customer to verify all Duties, Taxes, Customs
Fees, Broker Fee and Other additional chargers that may be applied by local
agencies. Order Placement with Alta Power Corp acknowledges that customers
have read this policy and understand that additional charges may be apply in
their country at the time of delivery and such charges will be the sole responsiblity of the customer and will not be invoiced or paid by
Alta Power Corp.
XIV. ORDER PROCESSING & SHIPMENT
Orders are typically processed within 24hrs of receipt of order by Alta Power
Corp.
All items currently in stock at our local warehouse and not on backorder will be
processed same or next day. Cutoff for same day order processing or overnight
shipping is 12PM Est. Items not shipping from our warehouse will shipped and
processed as per our contracted distribution center processing requirements.
Some seasonal and non-warehouse items may take 3-5 days to process for shipping.
All ice shelters, ice and earth augers may require 24 -72 hrs to ship from time
of order placement and up to 24hrs to process shipment for expedited delivery.
UPS overnight, 2nd Day Air and 3rd Day Select may not ship for at least 24-36
hrs after order placement. For Example, orders placed on Wednesday or Wednesday
Evening, for expedited delivery, will not leave the warehouse until Friday.
All Shipping services are measured by business days and do not include weekends
or holidays. Business service days are determined by freight couriers and are
not determined by Alta Power Corp. For further clarification regarding a
particular couriers service delivery time and business days, please visit their
website direct.
All shipments are FOB origin. All Shipments will be insured for freight damage
by Alta Power Corp. Additional freight insurance may be requested by the
customer for an additional fee. Title to the goods of product and risk of loss
or damage passes from Alta Power Corp to the Customer upon receipt of goods
by the customer. Damaged and claims to damage due to freight or courier delivery
must be reported to the courier and to Alta Power Corp at the time of
delivery or within 48hrs of receipt of your delivery. Claims beyond 48hrs may
not qualify for reimbursement, by the courier, if the courier determines too
much time has elapsed for proper investigation or inspection of the damaged
items. Therefore, Alta Power Corp will not be liable or reimburse damages or
losses for claims delayed beyond 48hrs of shipment delivery.
XV. PRODUCT DELIVERY, Title and Risk of Loss
Delivery dates are approximate and based upon receipt of all necessary
information from Buyer. Unless otherwise specified by Seller, delivery will be
made and title will pass F.O.B. point of shipment to Buyer and each shipment or
delivery shall be considered a separate and independent transaction. Risk of
loss or damage pass to the Buyer upon delivery and receipt.
XVI. EXCUSABLE DELAYS
Alta Power Corp will notify Buyer promptly of any material delay and will
specify the revised delivery as soon as practical. Alta Power Corp shall not
be liable for delays in delivery or performance, or for failure to manufacture,
deliver or perform as a result of acts of God, fire, acts of civil or military
authority, governmental priorities, strikes or other disturbances, floods,
epidemics, war, riots, delays in transportation or car shortages, or inability
on account of causes beyond Alta Power Corp 's reasonable control. In the
even of any such delay there will be no termination and the date of delivery or
performance shall be extended for a period equal to the time lost by reason of
the delay
XVII. ORDER ACCEPTANCE
Receipt of an electronic form or other form of order confirmation does not
signify our acceptance of your order, nor does it constitute confirmation of our
offer to sell. Alta Power Corp reserves the right at any time after receipt
of your order to accept or decline your order for any reason. Alta Power further
reserves the right any time after receipt of your order, without prior notice to
you, to supply less than the quantity you ordered of any item. Your order will
be deemed accepted by Alta Power Corp upon our delivery of products or
services that you have ordered, as indicated by our servers. All orders placed
over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of
payment, as established by our credit and fraud avoidance department. We may
require additional verifications or information before accepting any order.
XVIII. MERCHANDISE
All products offered through Alta Power Corp are manufactured by recognized
name brand manufacturers and are shipped in unopened, factory sealed packaging.
Most items will be shipped from our warehouse. Where necessary, your order or
part or your order may ship from the manufacturer direct. All products sold are
brand new, factory sealed and supported in full, by the manufacturers standard
warranty and technical support policies, unless otherwise noted.
XIX. SERVICE AND SUPPORT
All requests for technical service and support should be made directly to the
manufacturer in accordance with their terms and conditions, commencing at the
time of product delivery. Requests to Alta Power Corp for support will be
directed to the appropriate manufacturer for resolution.
XX. RETURNS
Requests for return of any item must be expressly authorized by Alta Power Corp,
within 30 days of the original delivery receipt date. All authorized returns
must be assigned a Return Merchandise Authorization number, otherwise known as
an RMA #. The RMA # will be assigned by Alta Power Corp only, and cannot be
obtained or provided by any other source. Any item returned to Alta Power Corp
without an approved Alta Power Corp RMA # will be refused by our warehouse
and automatically returned to the recipient. *Restocking Fees up to 33% will
apply for the return of all earth auger products and purchases. Restocking fees
may not apply to all other purchases. Return of Special Orders Requests and
Shipments arranged for pickup by the customer at any Alta Power Corp warehouse
or the warehouse of any of Alta Power Corp's dealers, distributors, or
manufacturers, may result in a restocking fee up to 33%
Return Packaging Requirements
Authorized product returns must be returned in 'new' or 'like new' condition and
must be returned in original manufacturer packaging. Upon approval, we will
accept for return standard stock items and items advertised in our catalog or
website. Return of special order products, or other items not included in our
catalog or website, may not be eligible for return and may result in a
restocking fee.
Refunds (excludes shipping)
Upon receipt of the return, all items will be fully inspected for defects and
product identifiers including UPC codes and Serial Numbers. Upon successful
inspection, credit will be issued for the full amount of the original product
purchase price excluding any applicable shipping charges.
Excluded from Refunds
All freight charges will be paid for by the customer, including but not limited
to shipping or freight charges for all items sent back to Alta Power or any
Manufacturer location and fright charges for re-shipment to the client.
Orders received, as part of our Free Shipping promotion and requested for
return, will be void from the free shipping promotion. Original outbound
shipping charges, excluding defective, damaged, or mis-shipped items from Alta
Power Corp, will be deducted from the final credit amount or billed separately.
Alta Power Corp will not be liable for incidental or consequential damages
due to shipping. Please insure all packages being returned for credit.
Exchanges
Exchanges may be requested at the time of request for RMA. Shipping charges will
apply for all shipping transactions related to an exchange.
XXI. WARRANTY DISCLAIMER
This site and the materials and products on this site are provided "as is". To
the fullest extent permissible pursuant to applicable law, Alta Power Corp
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Alta Power Corp does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. Alta Power Corp
does not make any warrantees or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
The goods sold by Alta Power Corp are products of recognized manufacturers
sold under their respective brand or trade names in accordance with the
manufacturers terms and conditions. Alta Power Corp shall use its best
efforts to obtain from each manufacturer, in accordance with the manufacturer's
warranty (copies of which will be furnished upon request) or customary practice,
the repair or replacement of goods that may prove defective in material, design,
or workmanship, including but not limited to year 2000 non-compliance. The
foregoing shall constitute the exclusive remedy of Buyer and the sold obligation
of Alta Power Corp. Except as to the title , seller gives no warranty ,
express or implied, as to the merchantability, fitness for any particular
purpose or otherwise. Alta Power Corp shall not, under any circumstances be
liable for any special, direct, indirect, incidental, but not limited to, loss
of profit or revenues, loss of use of the products or any associated equipment,
cost of capital, cost of substitute products, facilities, service or replacement
power, down time, costs, or claims of Buyer's customer for such damages. If
Buyer transfers title to or leases the product sold hereunder to any third
party, Buyer shall indemnify and defend Alta Power Corp and its suppliers
against any such damages.
Warranties may be valid for service in the USA only. If purchasing products for
use outside the USA, please verify the warranty and DOA policy with Alta Power
Corp,
or the manufacturer prior to shipment. Certain manufacturers may not extend
warranty services and will void the warranty for products shipped outside the
USA. All international warranty or DOA claims will be subject to the
manufacturer warranty disclosure and may not be supported directly by the
manufacturer, depending on the manufacturer's international warranty. Shipping
costs for all international warranty or DOA claims outside the USA, including
shipping cost, taxes duties, tariffs or other international charges incurred for
shipments to and from the manufacturer, will be the sole responsibility of the
customer.
XXII. DISCLAIMER.
There are certain risks in using any information, software, or products found on
the Internet; Alta Power Corp cautions you to make certain that you
completely understand these risks before retrieving, using, relying upon, or
purchasing anything via the Internet.
Visitors to this Web Site assume all responsibility and risk for the use of this
Web Site. Information published on this Web Site is provided without charge as a
convenience to visitors, to be used for informational purposes only. No
materials or content contained within this web site constitutes a recommendation
or endorsement of any item product or brand.
Although reasonable care has been taken with regard the content within this site
Alta Power Corp, does not warrant or represent that this sites content is
accurate, complete, or up-to-date, nor does it warrant or represent that access
to and use of this site or the server which makes it available will be
uninterrupted, error-free, and free of computers viruses or other harmful
components. The contact of this site may include technical inaccuracies or
typographical errors for which Alta Power Corp assumes no responsibility.
All of the materials provided herein, including all of the materials available
on third party sites, are provided on an "as is" and "as available" basis and
without warranties of any kind, either expresses or implied.
To the fullest extent permissible pursuant to applicable law, Alta Power Corp,
disclaims all warranties, express or implied, including but not limited to
implied warranties of merchantability, fitness for a particular purpose, title,
and non-infringement.
XXIII. LIMITATION OF LIABILITY
Alta Power Corp shall not be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials on this site
or the performance of the products, even if Alta Power Corp has been advised
of the possibility of such damages.
The entire risk arising out of the use of this site, the use of any products
and/or services offered on or in connection with this site, remain the
responsibility of the Buyer. In no event shall Alta Power Corp or its licesnsors or any of their offices, directors, employees, agents or affiliated
be liable for any consequential, incidental, direct, indirect, special,
punitive, or other damages whatsoever, (including, without limitation, damages
for loss of business profits, business interruption, loss of business
information, or other pecuniary loss) arising out of this terms of use or the
use of inability to use any products, services and/or content with the delay of
inability to use any Alta Power Corp website or related services, the
provision of or failure to provide products or services, or for any information,
software, products, services and content obtained through the website, or
otherwise arising out of the use of Alta Power Corp websites whether based
on contract, tort, negligence, strict liability or otherwise, even if Alta Power
Corp
has been advised of the possibility of such damages. Notwithstanding anything
else in the terms of use or posted on the site, the maximum liability that Alta
Power Corp
shall have is limited to any amounts actually paid to Alta Power Corp by the
Buyer.
Order information such as billing or shipping address that is inaccurate or
incomplete may result in delays that shall not be the responsibility of Alta
Power Corp.
Buyers acknowledge and agree that the limitations of liability, disclaimers of
warranties and limited remedies set forth hering represent an inseparable
allocation of risk (including, without limitation, in the event of a total and
fundamental breach of this terms of use) that is an essential basis of the
bargain between the parties.
Alta Power Corp is not responsible for any infections, contaminations, delay
in operation or transmission, line failure, errors, omissions, interruptions, or
defects arising out of your use of this site or with respect to the material
provided and/or contained on this site.
In no event shall Alta Power Corp be liable for any special, direct,
indirect, incidental, or consequential damages, or any other damages of any
kind, resulting from whatever cause, including but not limited to loss of use,
loss profits, or loss of data, whether in an action under theories of contract,
negligence, strict liability, or otherwise, arising out of or in any way in
connection with the use of or inability to use the information or materials on,
or accessed through, the Alta Power Corp Web Site.
Notwithstanding the above, in no event shall Alta Power
Corp total liability
to you for any and all claims, damages, losses, and causes of action exceed the
amounts paid to Alta Power Corp by you in connection with the transaction
claimed by you to give rise to your claim.
Applicable law may not allow the limitation of exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
XXIV. COMMUNICATIONS AND SUBMISSIONS.
All personal data posted or transmitted to Alta Power Corp over the
internet, as per instruction when placing an order, logging in or registering,
such as name, address and contact information, will remain confidential and
private. Any communication submitted to Alta Power Corp regarding products
and experiences, or e-mail messages, will be treated as non-confidential and
non-proprietary and will forever be the sole property of Alta Power Corp. By
transmitting or posting any such communication or material to this company or to
this site you agree that Alta Power or its subsidiaries may use your
communication or material for any purpose, including but not limited to
reproduction, distribution, transmission, publication, broadcast, advertising or
posting, and you agree that Alta Power Corp or its licensees will not be
liable to you for its use of any such communication or material. Alta Power
shall be free to use or authorize the use of any ideas, concepts, know-how or
techniques contained in such communication or material for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products or services incorporating such information in perpetuity.
Do not post or transmit any unlawful, threatening, libelous, defamatory,
obscene, pornographic or profane material or any material that could constitute
or encourage conduct that would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law. Do not post copyrighted material
of which you are not the owner or licensee.
You acknowledge that you are solely responsible for whatever material or
communication you submit to this Web Site, and you, not Alta Power Corp,
have full responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
XXV. JURISDICTION AND CHOICE-OF-LAW.
Alta Power Corp operates this Web Site from its offices located in Trumbull,
Connecticut, in the United States of America. Alta Power makes no
representations that the materials in this site are appropriate or available for
use in other locations. Those who choose to access this Web Site from other
locations do so at their own risk and are responsible for compliance with any
and all local laws, if and to the extent local laws are applicable.
This agreement, and any dispute, which arises from and out of this Web Site,
shall be construed with the laws of the state of Connecticut. Any legal action
regarding this agreement or this Web Site shall be brought only in either the
State or Federal Courts located within the City of Hartford, Connecticut and by
using this site you consent to personal jurisdiction within these courts.
XXVI. INQUIRIES.
If you have any questions regarding any portion of this Agreement, or if you
wish to inquire, regarding rights of use not explicitly granted herein, please
direct questions via email to
crm@altapower.com
XXVII. TERMINATION.
Alta Power Corp or you may terminate this Agreement at any time. You may
terminate this Agreement by destroying all materials obtained from this Web
Site. Alta Power Corp may terminate this Agreement immediately without
notice if, in its sole judgment, you breach any term or condition of this
Agreement. Upon termination, you must destroy all materials obtained from this
Web Site.
XXVIII. INTEGRATION
This agreement constitutes the entire Agreement between you and Alta Power Corp
and supercedes any prior oral or written arguments, understandings, or other
communications between parties. This Agreement may not be modified except in
writing signed by both you and an authorized signatory of Alta Power Corp
XXIX. USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Alta Power Corp or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of privacy
or publicity rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any party or
which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
XXX. Participation Disclaimer
Alta Power Corp does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Alta Power Corp is merely acting as a
passive conduit for such distribution and is not undertaking any obligation or
liability relating to any contents or activities on the site. However, Alta
Power Corp
reserves the right to block or remove communications or materials that it
determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright, trademark or; other intellectual
property right of another or (d) offensive or otherwise unacceptable to Alta
Power Corp
in its sole discretion.
XXXI. Notice
Alta Power Corp may deliver notice to you by means of e-mail, a general
notice on the site, or by other reliable method to the address you have provided
to Alta Power Corp
XXXII. Indemnification
You agree to indemnify, defend, and hold harmless Alta Power Corp, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of
these terms and conditions or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the site
using your Internet account.
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