Terms of Use

Disclaimer

This Disclaimer is an agreement between Ampool Inc., a Delaware corporation (“Ampool”, “we” and “us”) and you, a user of our web site. Please read this Disclaimer carefully. By accessing or using our web site, you agree to be bound by this Disclaimer as well as by our Privacy Policy (see below)

Any new features of our web site, including updates, upgrades, releases, new products, or new services, shall also be subject to this Disclaimer.

In addition, some products or services offered through our web site may be subject to additional terms and conditions, that may be provided in conjunction with such products or services (collectively, the “License and Service Agreements”). Your use of such products or services is subject to the applicable License and Service Agreement(s). In the event of any conflict between a License and Service Agreement and this Disclaimer, with respect to your use of such products or services, the License and Service Agreement(s) shall apply.

Acceptable Use

You may access our web site and any content or information contained therein for your information and use solely as permitted under this Disclaimer. Except for software downloads that are expressly permitted on our web site, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit our web site or any content for any other purposes without the prior written consent of Ampool. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our web site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree to comply with all applicable laws in your use of our web site. Ampool and its licensors reserve all rights not expressly granted in this Disclaimer.

Our Content; Proprietary Rights

Through our web site, we provide information about Ampool, the Ampool products and related services. We are the owner or authorized licensee of all information, materials, functions and other content contained on our web site, and you acknowledge that you are only receiving a limited right to access or use this content. Except for software downloads that are expressly permitted on our web site, no content from our web site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our web site.

We also own any information and data collected by us from you, including without limitation any data regarding your use and viewing of our web site and its content, as well as your access to and use of any products or services. We may use such information and data for benchmarking and other service enhancements. Information we collect from you will be treated pursuant to our then current Privacy Policy (see below).

The name “Ampool” and our graphics, logos, designs, page headers, button icons, scripts, product names and service names are copyrights, trademarks, trade names, or trade dress of Ampool or its licensors in the U.S. and/or other countries. These copyrights, trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion, unless expressly allowed in writing by Ampool or its licensors.

We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the access of users who infringe or are charged with infringing the intellectual property rights of others.

Third-Party Links

We are not responsible for the content or availability of outside web sites or resources linked to or referenced on our web site. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, services or other materials on or available from such web sites.

Registration and Accounts

The content available on our public web site may be accessed without registering with Ampool. If you choose to evaluate or purchase any services or products offered on our web site, you may be asked to register with us and to create your own unique user name and password. You must keep all account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account.

You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce this Disclaimer.

Eligibility; Age Restriction

Our web site may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our web site only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our web site. You represent and warrant that you are at least 18 years old, or that you are using our web site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful.

We may, in our sole discretion, refuse to offer access to or use of our web site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the web site is revoked in such jurisdictions.

Reporting Copyright Infringement

If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our web site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site.

The DMCA Notice of Alleged Infringement shall:

Deliver this notice, with all items completed, to our Designated Copyright Agent at:

Ampool Incorporated
3945 Freedom Circle #540
Santa Clara, CA 95054
Attn: Legal
Email: legal at ampool dot io

Warranties/Limitation of Liability

AMPOOL’S CONTENT, ITS WEB SITE AND ANY PRODUCTS OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AMPOOL HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO AMPOOL’S CONTENT, WEB SITE, AND ANY PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

AMPOOL WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS DISCLAIMER OR YOUR USE OR INABILITY TO USE AMPOOL’S CONTENT, WEB SITE, OR ANY PRODUCTS OR SERVICES, EVEN IF AMPOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AMPOOL’S AGGREGATE LIABILITY ARISING OUT OF THIS DISCLAIMER OR YOUR USE OF AMPOOL’S CONTENT, WEB SITE, OR ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT, SERVICES OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.

Indemnification

You agree to defend, indemnify and hold harmless Ampool and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of this Disclaimer or your violation of any law or the rights of a third party.

Termination

This Disclaimer shall take effect on the date you first access or use our web site and shall continue until terminated in accordance with this Disclaimer. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our web site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.

Governing Law; Jurisdiction

This Disclaimer is governed by the laws of California, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to this Disclaimer shall be instituted in any state court in Santa Clara County, California or federal court in Santa Clara County, California. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in, such courts in any such legal action or proceeding.

Miscellaneous

This Disclaimer, our License and Service Agreement(s) (if applicable) and our Privacy Policy (see below) constitute the entire agreement between you and Ampool. You may not assign this Disclaimer in whole or in part without Ampool’s prior written consent, and any purported assignment in violation of this sentence shall be null and void. Ampool may assign or otherwise transfer this Disclaimer and all rights hereunder in connection with any corporate reorganization, merger, or sale of all or substantially all of the assets and business to which this Disclaimer relates. This Disclaimer shall be binding upon and inure to the benefit of the parties hereto and their respective heirs and assigns. If any provision of this Disclaimer is determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of any provision of this Disclaimer shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Modifications

We reserve the right to make changes to this Disclaimer at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review this Disclaimer periodically to familiarize yourself with any modifications. By continuing to access and use our web site after those changes become effective, you consent and agree to be bound by the revised Disclaimer.

Contact Us

If you have any questions or comments regarding this Disclaimer, the License and Service Agreements or our Privacy Policy (see below), you may contact us at: legal at ampool dot io.

This Disclaimer is effective as of October 25, 2016.

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