TERMS OF SALE & USE
This Website is offered and available to users who are 18-years old or older. By using this Website, you state that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements, if any. If you do not meet all these requirements, you must not access or use the Website.
Changes to the Agreement
The Company may revise and update this agreement on one or more occasions in its sole discretion. All changes are effective immediately when the Company posts them and apply to all access to and use of the Website from then on. But any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website after the posting of the revised agreement means that you accept and agree to the changes. You are expected to check this page often, so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
The Company may withdraw or amend this Website, and any service or material the Company provides on the Website, in its sole discretion without notice. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. On one or more occasions, the Company may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your Internet connection are aware of this agreement and comply with it.
The Website and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of it) are owned by the Company, its licensors, or other providers of that material
This agreement permits you to use the Website for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
- Your computer may temporarily store copies of those materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, noncommercial use and not for further reproduction, publication, or distribution.
- If the Company provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, noncommercial use, on condition that you agree to be bound by the Company’s end user license agreement for those applications.
- If the Company provides social media features with certain content, you may take those actions as are enabled by those features.
You must not:
- Modify copies of any materials from this Website.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
- You must not access or use for any commercial purposes any part of the Website or any services or materials available- through the Website.
- If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this agreement, your right to use the Website will stop immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made. No interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by this agreement is a breach of this agreement and may violate copyright, trademark, and other laws.
The Company name, the terms Energy Peak Shaver and DIY Energy Peak Shaver, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use those marks without the Company’s written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with this agreement. You must not use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
- To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with common decency or applicable intellectual-property rights laws.
- To transmit, or procure the sending of, any advertising or promotional material without the Company’s written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including by using email addresses or usernames associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or users of the Website or expose them to liability.
Additionally, you must not:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the Company’s written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise try to interfere with the proper working of the Website.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. The Company is not making any warranty about the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on those materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
The Company may update the content on this Website on one or more occasions, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is not required to update that material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms
All purchases through the Website or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by the Website’s Terms of Sale, which are incorporated into this agreement.
Additional terms may also apply to specific portions, services, or features of the Website. Any additional terms are incorporated by this reference into this agreement.
Links from the Website
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The Company has no control over the contents of those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.
Electronic Communications from the Website
By providing your email address, you consent to receiving electronic communications from the Company regarding your order. You also consent to receiving certain other communications from the Company, including newsletters about new features and content, special offers, promotional announcements, and customer surveys via email. You acknowledge that electronic communications you receive from the Company may contain links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for (a) the availability or accuracy of those websites or resources; or (b) the content, products, or services on or available from those websites or resources. Links to those websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Disclaimer of Warranties
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. To the greatest extent provided by law, the Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided “as is” and “as available,” without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company is making any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Neither the Company nor anyone associated with the Company represents or warrants that the Website, its content, or any services or items obtained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
To the greatest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, noninfringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the greatest extent provided by law, in no event will the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or those other websites or any services or items obtained through the Website or those other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. In addition, the Company is not liable for any spam emails that come from a third party claiming to be the Company or its owner. Nor will the Company be liable for any spam emails from third parties promoting our products.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You will defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this agreement or your use of the Website, including your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in this agreement or your use of any information obtained from the Website.
Governing Law and Jurisdiction
Sweden law governs all matters relating to the Website and this agreement and any dispute or claim arising from or related to it (in each case, including non-contractual disputes or claims) without giving effect to any choice or conflict of law provision or rule
Waiver and Severability
No waiver by the Company of any term stated in this agreement will be deemed a further or continuing waiver of that term or a waiver of any other term, and any failure of the Company to assert a right or provision under this agreement will not constitute a waiver of that right or provision.
If any provision of this agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent so that the remaining provisions of this agreement will continue in full effect.
The Company encourages you to give feedback about the Company or the Website. But the Company will not treat as confidential any suggestion or idea you give, and nothing in this agreement will restrict the Company’s right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
Your Comments and Concerns
This Website is operated by Energy Peak Shaver. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: https://energypeakshaver.com/contact/
TERMS OF SALE:
By placing an order for products from this website, you accept and are bound by these terms.
You must not order or obtain products from this website if you (a) do not agree to these terms, (b) are not the older of (i) at least 18-years old or (ii) legal age to form a binding contract with Energy Peak Shaver, or (c) are prohibited from accessing or using this website or any of this website’s contents or goods by applicable law.
These terms apply to the purchase and sale of products through the Energy Peak Shaver websites (collectively, the “Site”). These terms are subject to change by Energy Peak Shaver (referred to as “us,”“we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the terms will be in effect as of the “Last Updated Date” referenced on the Site. You should review these terms before purchasing any product that is available through this Site. Your continued use of this Site after a posted change in these terms will constitute your acceptance of and agreement to those changes.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these terms, all products listed in your order. All orders must be accepted by us or we will not be required to sell the products to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Energy Peak Shaver and you will not take place until you have received your order confirmation email.
3. Prices and Payment Terms.
(a) All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Price increases will only apply to orders placed after those changes. Posted prices do not include taxes or charges for shipping and handling. All those taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from those errors.
(b) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept PayPal, Discover, Visa, MasterCard, American Express, and any other identified payment method for all purchases. You state that (i) the credit card information you supply to us is accurate; (ii) you are duly authorized to use that credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
4. Shipments; Delivery; Title and Risk of Loss.
(a) You may opt for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. If the product is a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order.
(b) Title and risk of loss pass to you on delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Refunds. We will give you a full refund of the purchase price within 60 days of delivery if you are not satisfied for any reason.
6. Warranty Disclaimer. We do not provide any warranties with respect to the products or services offered on our Site other than a full refund of the purchase price within 60 days of delivery if you are not satisfied for any reason.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your downloading of any material posted on the Site.
All products and services offered on this Site are provided “as is” without any warranty, including any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.
7. Limitation of Liability. In no event will we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, or lost profits arising out of, or relating to, or in connection with any breach of this agreement, regardless of (a) whether those damages were foreseeable, (b) whether or not you advised us of the possibility of those damages, and (c) the legal or equitable theory (contract, tort, or otherwise) on which the claim is based. In addition, we will not be liable for any spam emails that come from a third party claiming to be us or our owner. Nor we will be liable for any spam emails from third parties promoting our products.
Our sole maximum liability, for any reason, and your sole remedy for any cause, will be limited to the actual amount paid by you for the products and services you have ordered through our Site.
The limitation of liability stated above will: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
8. Intellectual Property Use and Ownership. You acknowledge that:
(a) All uses on this Site of the terms “sell,” “sale,” “resell,” “resale,” “purchase,” “price,” and the like mean the purchase or sale of a license. Each product marketed on this Site is made available solely for license, not sale, to you and other prospective customers under the terms of any license agreement posted with the display or description of that specific product.
(b) You will comply with all terms of the specific license agreement for any product you obtain through this Site, including all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing, and transfer of those licensed products.
(c) You will not cause, induct, or permit others’ noncompliance with the terms of any of these product license agreements.
(d) Energy Peak Shaver is and will remain the sole and exclusive owner of all intellectual-property rights in and to each product made available on this Site and any related specifications, instructions, documentation, or other materials, including all related copyrights, patents, trademarks, and other intellectual-property rights, subject only to the limited license granted under the product’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Site, or of any intellectual-property rights relating to those products.
10. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these terms, for any failure or delay in our performance under these terms when and to the extent that failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
11. Governing Law and Jurisdiction. All matters arising out of or relating to these terms are governed by and construed in accordance with the internal laws of the state of Sweden without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the state of Sweden.
12. Dispute Resolution and Binding Arbitration.
(a) You and Energy Peak Shaver are agreeing to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims) between you and us arising from or relating in any way to your purchase of products through the Site, will be resolved exclusively and finally by binding arbitration..
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(b) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(c) You agree to an arbitration on an individual basis. In any dispute, neither you nor Energy Peak Shaver will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member, or in a private attorney general capacity. The arbitral tribunal will not consolidate more than one person’s claims and will not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
13. Assignment. You will not assign any of your rights or delegate any of your obligations under these terms without our prior written consent. Any purported assignment or delegation in violation of this section 14 is void. No assignment or delegation relieves you of any of your obligations under these terms.
14. No Waivers. The failure by us to enforce any right or provision of these terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Energy Peak Shaver.
15. No Third-Party Beneficiaries. These terms do not and are not intended to confer any rights or remedies on any person other than you.
(a) To You. We may provide any notice to you under these terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective on posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these terms, you must contact us by email. We may update the email address by posting a notice on the Site. Notices provided by email will be effective one business day after they are sent.
17. Severability. If any provision of these terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these terms and will not affect the validity or enforceability of the remaining provisions of these terms.
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