This page contains the User Agreement (the "Agreement") between you and S&S Power Engineering Energy, Inc. and its affiliates (collectively "S&S Power Engineering"), the publisher of this Web site, sspowereng.com (the "Site"). The term "Site" as it is used in this Agreement includes any wireless device optimized version of sspowereng.com. In this Agreement, "you" and "your" refer to each user of the Site.
This Agreement sets forth the terms and conditions for your use of the Site. Your use of the Site constitutes your agreement to the terms and conditions in this Agreement.
BY USING THIS SITE, YOU ACCEPT THE MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED HEREIN "AS IS." S&S POWER ENGINEERING MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY, OR LEGALITY OF INFORMATION CONTAINED WITHIN THIS SITE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
IN NO EVENT SHALL S&S POWER ENGINEERING, OR ITS AGENTS, AFFILIATES, PARTNERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS RELATED TO THE USE OF THIS SITE, WHETHER IN AN ACTION OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS CONTAINED ON THIS SITE.
Non-U.S. Visitors and
Users of this Website
If you are located outside of the United States, please note that the information you provide to S&S Power Engineering and this Site will be transferred to the United States. By using this Site, you consent to this transfer. You also consent to the adjudication of any disputes arising in connection with this Site in the federal and state courts of, and in accordance with the laws of, the State of California, USA.
All materials available
on the Site, including without limitation text, data and images,
audio and video clips, databases, and ratings (collectively, the
"Content") are owned or controlled by
S&S Power Engineering or the party credited as the provider of the Content. The
respective owner retains all right, title, and interest in and to its
Content. The Site and Content are protected by the copyright and
trademark laws of the United States and other countries,
international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Content available via the Site, including without limitation our product reviews and ratings and those product reviews and ratings posted by other users, for any public and/or commercial use without the prior written permission of S&S Power Engineering.
You agree not to use any trademarks, service marks, names, logos, or other identifiers of S&S Power Engineering or its employees, licensors, independent contractors, licensors, providers and affiliates without the prior written permission of S&S Power Engineering. In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of S&S Power Engineering;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that S&S Power Engineering sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.
S&S Power Engineering has designated an agent to receive notices of claims of copyright infringement:
The Eclipse Group, LLP
Attn: Copyright Compliance
6345 Balboa Boulevard
Suite 325, Building II
Encino, California 91316
If you believe your copyright has been infringed, you may provide us with notice. To be effective, the notification must be a written communication. S&S Power Engineering may give notice to our visitors and users that we have received a notice of infringement by means of a general notice on this Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records.
We reserve the right to terminate access to this Site to anyone who infringes the proprietary rights of any third party.
S&S Power Engineering may make available to users of the Site e-mail notices, newsletters, chat rooms, message boards, bulletin board services, user product reviews and ratings tools, or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the "Forums"). You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the "Communications"). S&S Power Engineering do not endorse or accept any Communication as their own or representative of their views. By transmitting any public Communication to the Site, you grant S&S Power Engineering an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all media now known or later developed. You warrant that you have the right to grant these rights to S&S Power Engineering. You hereby waive all rights generally known as "moral rights" in your Communications (including your Reviews), to the extent they can be waived, under any existing or future law of any jurisdiction.
You acknowledge and agree that any Communications made to or by means of any Forum are public. You acknowledge that you have no expectation of privacy in any public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and S&S Power Engineering by reason of your transmitting a public Communication to any Forum on the Site.
Communicating on or to
S&S Power Engineering cannot review all Communications made on or through the Site. However, S&S Power Engineering reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any Communications (or portions thereof), which S&S Power Engineering in its sole discretion deems inappropriate, offensive or contrary to any S&S Power Engineering policy, or that violate this Agreement.
To help S&S Power Engineering maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through the Site or Forums any Communication which:
(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations;
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(ix) impersonates another person or entity, or that collects or uses any information about Site visitors.
You further acknowledge that conduct prohibited in connection with your use of the Forums includes, but is not limited to, breaching or attempting to breach the security of the Site.
You agree not to use any area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by S&S Power Engineering in connection with the Site. A message is unsolicited if it is sent to a recipient who has not requested or invited the message.
Links to Other
If there is any dispute about or involving this Site, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles.
You represent and warrant to S&S Power Engineering that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.
(a) To the Agreement.
S&S Power Engineering has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail, conventional mail or text messaging. Your continued use of the Site following notice of any modification to this Agreement shall conclusively be deemed an acceptance of all such modification(s).
(b) To the Site.
S&S Power Engineering has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site. S&S Power Engineering may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.
Failure by S&S Power Engineering to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.