Last updated: 23/02/2017
All content on this website is owned or controlled by Active Power, Inc and is protected by worldwide copyright laws. When using this website you agree to be bound by these terms and conditions of usage. If you do not agree to be bound by these terms and conditions, you may not use or access this website, and we are lawfully entitle to restrict or prevent such use or access.
Should you have any questions relating to these terms and conditions or use or access to this website, contact information is provided on this site.
1.1 “Conditions” means these Terms and Conditions of Use.
1.2 “Communications” means any electronic communications by Users to this website, including without limitation, the provision of Users personal details or information.
1.3 “User” means users of the Website, whether individually or collectively as the context may require.
1.4 “We/Us/Our” refers to Active Power, Inc.
1.5 “You/Your” refers to you in your capacity as a User, using or accessing this Website.
1.6 “Website/Site” means the websites at www.activepower.com or at its sub domains.
1.7 “Third Party” means any natural person/s, firm/s or Corporation/s other than Active Power, Inc and the User.
2. Access to Website
2.1 We will provide you with access to the Website subject to your acceptance of, and in accordance with, these Conditions.
3. User Obligations to us and Third Parties
3.1 You agree not to use the Site (or any part of it) for any illegal or immoral purpose, and in all cases in accordance with any applicable laws.
3.2 You agree and undertake that you will not upload to, or transmit via the Site, any computer viruses of whatsoever nature, including without limitation, macro viruses, Trojan horses, worms, or other transmission aimed at interfering with, interrupting or occasioning harm of whatsoever nature to the normal operation or procedures of a computer.
3.3 You shall not upload to, or transmit via the Site, any information or material which is of a defamatory, offensive, obscene or threatening nature or that is intended to, or may result in, annoyance, offence, inconvenience, anxiety or concern, of or to, any employee of Active Power, Inc or any Third Party.
3.4 You will not utilise the Website in any manner that may cause the Site to be interrupted or in any way damaged or which may render the Site less efficient, less effective or would impair to any extent the functionality of the Site.
3.5 You shall not use this Site in any manner which would or may result in violation or infringement of the rights of Third Parties (including without limitation, intellectual property rights, confidentiality right or restriction or rights of Privacy).
3.6 You will not create, generate or publish or suffer to be created, generated or published, any link to any part of the Site, or attempt unauthorised access to any part or component of the Site. You shall in no way modify, alter in any way, or reproduce, transmit, download, publish or display for commercial purposes, or in connection with commercial exploitation, any information contained on the Site.
3.7 You shall not use or suffer to be used, without the prior written authorisation of Active Power Inc, any trade marks, service marks, trade names, product information, or other information of a proprietary nature contained on this Site.
3.8 You agree that in the event that You have a right, claim or action against any User arising out of that User’s use of the Site, then You shall pursue any such right claim or action independently and without the involvement of us.
3.9 You agree that You shall be responsible for the truthfulness and accuracy for the content of any Communications provided by You to the Site.
4. Rights and Obligations of us
4.1 We shall have and, hereby reserve the right, to:
4.1.1 Modify, withdraw (temporarily or permanently), delete or otherwise amend or alter the content of this Site (or any part of it) without notice to You and confirm that we shall not be liable to You or any Third Party for any such modification, withdrawal, deletion, amendment or alteration, or for the consequences thereof.
4.1.2 Amend, update, or alter from time to time these Conditions. Your continued use of this Site, following any such amendment or alterations, will evidence Your acceptance of all such amendments, alterations or updates of these Conditions, which shall be deemed. We are not required to notify Users of these alterations or amendments, it is Your responsibility to periodically check for such changes. If You cannot accept any altered or amended Condition, You should immediately cease to access or use this Site.
4.1.3 Alter or modify from time to time the format of this Site. You will not be compensated for the fact that You cannot access or use any part of this Website due to any failure, suspension or withdrawal or for any matter which is beyond the control of us.
4.2 We will use all reasonable efforts to include up to date and accurate information on this Website, it will not be responsible to You however, and offers no warranties, representations or assurances, in relation to the accuracy or completeness or currency of any information so provided.
4.3 While Active Power, Inc respects the content of Your communications, and undertakes to comply where applicable, with the UK data Protection legislation, which from time to time may be in force, You must accept, acknowledge and hereby consent to:
4.3.1 providing the content of Communications to Police or regulatory government authorities, should Active Power, Inc be requested by these authorities or ordered by a court to provide such information in relation to investigations into suspected illegal activities.
4.3.2 in its reasonable discretion disclosing details of your use of this Site, in relation to court proceedings in connection with Your use, or use by any one under Your control, of this Site whether in connection to any matter covered by these Conditions or otherwise.
4.3.3 The Use of the application or publication by us, in so far as it is permitted under the applicable law, of the content of any Communications received on the Site, including ideas, inventions, concepts, techniques or know how, for any purpose including research and development, manufacturing and/or marketing of goods or provision of services in relation there to.
5. Third Party Links
5.1 We may from time to time refer to or provide links to the websites or resources of Third Parties on this Site. You acknowledge and agree that we are not responsible for the availability of such external sites, or resources, and that We in no way endorse, confirm or warrant the content of these external sites as to the accuracy, currency or completeness of their content.
5.2 Further we are not liable or responsible, directly or indirectly, for privacy practices or content (including misrepresentative, offensive or defamatory content) of such Third party websites nor for any damage, loss or injury caused by or in connection with or reliance upon any such content by Users.
6. Intellectual Property
6.1 The Website is Copyright of Active Power, Inc.
6.2 You hereby agree that all intellectual property rights of whatsoever nature and howsoever arising, (including Trade marks, Copy Right or Know How), in and to all material and content supplied as part of the site is now vested and shall remain at all times vested in Active Power, Inc or its licensors.
6.3 No intellectual property of Active Power, Inc shall be used or applied to the use of any User or any person under the control of Users without the prior written consent of Active Power, Inc being first had and obtained.
7. Users Indemnity
7.1 You agree to be fully responsible for (and fully indemnify against) all claims, liability, losses, costs and expenses, including legal fees, suffered by Us and arising out of or in connection with any breach of the Conditions by You or any other liabilities arising out of or in connection with Your use, or the use by persons under Your control, or by persons using Your PC, of this Site.
8. Limitation of Liability
8.1 We shall not be liable to Users for damages or injury, resulting from Your access to the Site, or inability to access the Site or any Part thereof, or for Your reliance on any information, or materials forming part of the content of the Site.
8.2 Our documents or information provided on the Site are not official versions of disclosure documents, as may be required for compliance with any applicable securities, financial, or Company law or any other mandatory regulation or requirement. This information is provided solely for Your convenience, and We shall not be liable in any way for any reliance by You upon such information in lieu of requesting and obtaining the official versions of any such information from Us.
8.3 Information contained on this Website, does not constitute, nor is it intended to provide or be construed as any legal, tax, financial investment, or fiscal advice to Users. Reliance by you on any information contained on the Website or interpretation of same as constituting advice or guidance as mentioned above, shall be at Your own risk, We shall not be liable for any loss, damage or injury You might sustain in connection with any such reliance upon the information contained on this Site.
8.4 You acknowledge that We cannot guarantee and shall in no way be responsible for the security or privacy of the Website and /or any Communications provided by You or information downloaded by You from the Site.
8.5 We will not be liable in Tort, contract, (including without limitation negligence, or economic tort), or otherwise if You suffer damage in connection with the Website or products displayed on the Website, ,or further if You incur any such loss or damage connecting to the Site through a link from a Third Party site.
8.6 You hereby agree and acknowledge that any economic losses,( such as loss of revenue, loss of profit, contracts, or business), or loss of goodwill or reputation, and any special or indirect or consequential loss is expressly excluded and therefore shall not be the responsibility of Active Power, Inc, nor shall Active Power, Inc be liable for, any such losses which arise in relation to or arising out of Your use, or the use of any person under Your control, of this Site.8.7 Nothing in these Conditions is intended to exclude or limit our liability for death or personal injury resulting from the Gross negligence of Active Power, Inc or its servants or employees.
9. Severance of Terms and Waiver
9.1 If any part of the Conditions shall be held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not effect the validity or enforceability of the remaining terms and Conditions.
9.2 Each term of these Conditions shall be treated as separately applying and surviving even if for any reason any other term contained herein is held to be inapplicable or unenforceable.
9.2 Nothing shall be construed as a waiver by Active Power, Inc of any past, existing, or future breach by You of the Conditions.
10. Entire Agreement
10.1 These Conditions record the entire agreement and understanding between the User and Active Power, Inc and supersede all previous agreements, representations, statements or arrangements of whatsoever nature concerning the subject matter hereof. Any Warranties or Guaranties intended to be provided by Us, and to be relied upon, by the User, are expressly included in these Conditions and no additional Warranties, Guarantees or representations whether written, oral, direct, indirect or collateral, shall be implied into these Conditions and are hereby, to the fullest extent permitted under the applicable law, expressly and intentionally excluded.
10.2 The User hereby acknowledges that they have not relied upon, nor been induced to be bound by these Conditions on the basis of, any such previous agreement, representation, statement or arrangement.
11.1 The laws applicable to these Conditions shall be the Laws of England. These conditions shall in all cases be interpreted and construed in accordance with the said applicable law.
11.2 User hereby consents to the jurisdiction of the English Courts which shall be vested of jurisdiction to hear and determine any claim, proceeding or action brought pursuant to these Conditions.
11.3 We shall be permitted in its sole discretion to commence any such action, proceeding or claim in any other such jurisdiction in which User may normally reside. Subject always to the interpretation and construction of the Conditions being pursuant to the Laws of England.
11.4 User hereby consents and agrees that any such judgement, decision or order which may be given, made or granted in the Courts of England pursuant to these Conditions, may be enforced against User by commencing enforcement proceedings in the courts of the jurisdiction in which User normally resides. User hereby submits to the jurisdiction of its own courts where any such enforcement proceedings may be necessary.