1. GENERAL

RestorePower provides its services to subscribers subject to this User Agreement. When using particular RestorePower services, subscribers shall be subject to any posted guidelines or rules applicable to such services. All such guidelines or rules are incorporated by reference in this Agreement. 

This User Agreement constitutes the entire agreement between subscribers and RestorePower and governs subscribers' use of the service, superceding any prior agreements between subscribers and RestorePower. Subscribers also may be subject to additional terms and conditions that may apply when subscribers use third party content or third party software. Subscribers may not assign this Agreement to any third party.

This Agreement shall be governed in all respects by the laws of the State of Virginia. Any action or proceeding arising from or relating to this Agreement must be brought in federal or state courts in Virginia. Subscribers irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding. Subscribers agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Our failure to act with respect to a breach by subscribers does not waive our right to act with respect to subsequent or similar breaches. 

2. DESCRIPTION OF SERVICE 

RestorePower currently provides subscribers with access to on-line resources, including, but not limited, to products and services catalog, various communications tools, online forums and others. In order to use these services, subscribers must meet the criteria set forth in this Agreement.

3. SUBSCRIBERS REGISTRATION OBLIGATIONS

To receive services, subscribers need to register with this web site by providing all required information. By using this service, subscribers agree to the following:

(a) To provide accurate, current and complete information about subscribers' company as prompted by the registration form

 
(b) To maintain and promptly update the registration information to keep it accurate and complete.

(c) To be responsible for maintaining the confidentiality of the password, and for all activities that occur under subscribers' password. Subscribers agree to (1) immediately notify RestorePower of any unauthorized use of their passwords or any other breach of security, and (2) ensure that subscribers exit from their accounts at the end of each session. 

(d) To not transfer or share their account with any other person or entity. The password that subscribers established is for their sole use and subscribers may not disclose it to any third parties. Each participating employee of an entity must have a separate account. 

(e) An authorized entity may have up to 5 (five) separate accounts that are included with the subscription fee. Additional accounts can be established at a nominal fee.

(f) RestorePower cannot and will not be liable for any loss or damage arising from subscribers' failure to comply with these requirements.

If subscribers fail to observe these obligations, RestorePower retains the right to suspend or terminate subscribers' privileges.

4. ACCOUNT ELIGIBILITY

By registering, subscribers represent and warrant that subscribers are eligible for an account as set forth in this Agreement. Accounts may be obtained and used only by authorized representatives of: 

(a) Distribution and transmission utilities

(b) Authorized and licensed contractors who perform distribution and transmission work

(c) Selected vendors who provide products and services to facilitate power restoration activities

A user may not obtain or use an account under any other circumstances unless RestorePower grants subscribers a special permission and a written authorization to do so. When subscribers obtain accounts from us, they will have access to the services and the functionality that is maintained at our sole discretion. Services provided on this web site are subject to subscription fees and any other fees established by us. We reserve the right to add, delete or change some or all of the services provided as part of subscribers' subscription without notice. Subscribers will be notified of any changes in our fees and given the option to continue use or to terminate their subscription. An annual subscription fee will not be partially refunded. 

Subscribers agree that we may charge for certain features of their accounts and/or additional premium services offered in the future and that subscribers will be responsible for all charges (including 3rd party charges such as taxes) for using such additional services. Subscribers are responsible for paying all applicable taxes and for all hardware, software, service and any other costs that subscribers incur to access their accounts. 

5. ACCOUNT USE

Subscribers agree to use their accounts as a part of business activities associated with power restoration and to comply with all applicable laws regarding use or access of their accounts. 

The following use of this account is prohibited:

(a) To post false information or to impersonate anyone else or disguise the origin of any content

(b) To post information without authorization

(c) To gather information and use it for purposes other than those explicitly permitted

(d) To copy the content of the RestorePower pages without written authorization 

(e) To distribute unauthorized commercial messages, other than those expressly allowed, to other subscribers 

(f) To take any actions which impose an unreasonable load (as defined by RestorePower operations) on our infrastructure

(g) To conduct any activities in an unprofessional manner 

(h) To reproduce, or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service

(j) (i) To infringe upon the copyrighted works or trademark of any third party or any rights of publicity or privacy To violate any law, statute, regulation, or ordinance(including without limitation laws and regulations governing export control, unfair competition, anti-discrimination or false advertising)

(k) To post material which is defamatory, trade libelous, unlawfully threatening or unlawfully harassing

(l) To post material which is obscene, child pornographic or indecent

(m) To post material which contains any virus, trojan horse, worm, time bomb, cancelbot or other routine which is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

Breach of any of these conditions will be grounds for suspending or terminating subscribers' accounts.

6. CONTENT ON THIS WEB SITE 

This web site allows subscribers to post content associated with power restoration on designated pages and is not controlled by the RestorePower. RestorePower is providing a forum for the power restoration community and as such we have no liability and responsibility, including, but not limited to:

(a) Any errors or omissions in any content

(b) Any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via this service

(c) Any violations of copyright laws, libel or privacy 

(d) Accuracy, timeliness or completeness of information provided on this site

Any content provided on this web site should be considered advisory at best and should not constitute advice in a legal sense or otherwise. We recommend that subscribers confirm all information obtained from this web site. Subscribers must evaluate, and bear all risks associated with the use of any content. Under no circumstances shall RestorePower be liable for any user's reliance upon any content provided in this web site.

RestorePower makes no guarantees as to the availability of resources on any particular issue that may be of interest to a user of this web site.

RestorePower shall have the right to remove any content that violates this Agreement or is otherwise objectionable. 

Any agreement between subscribers is solely on the terms negotiated between them and is entered into solely at their risk. 

Subscribers acknowledge that RestorePower may establish general practices and limits concerning use of the service, including, but not limited to:

(1) The maximum number of days messages remain posted on the Discussion Board, 

(2) The message board postings or other content 

(3) The maximum number of email messages sent by a subscriber

(4) The maximum size of any email messages on this site

(5) The maximum disk space that will be allotted to subscribers. 

Subscribers agree that RestorePower has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted through this web site.

RestorePower reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. Subscribers agree that RestorePower shall not be liable to subscribers or to any third party for any modification, suspension or discontinuance of the service.

7. YOUR DATA 

Subscribers are solely responsible for content (and any activity associated with the movement of this content). At our discretion, we reserve the right, but are not obligated, to take any action with respect to any content that we believe may create any potential liability or losses to our subscribers or us. 

With regard to the content that subscribers provide, subscribers agree to the following conditions:

(a) It will not infringe any copyright, trademark, or other proprietary right

(b) It will not violate any law or regulation

(c) It will not be libelous

(d) It will not contain incomplete, false or inaccurate information about any company

(f) It will not contain any programming routines that may damage or adversely affect any system or other subscribers' data or activities

By submitting and posting content on the RestorePower site, subscribers grant and assign RestorePower, and its successors a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in any manner, whole or part. Subscribers also grant RestorePower the right to authorize the downloading and printing of such material or any portion thereof, by subscribers for their personal use.

8. LINKING

The web site may provide, or third parties may provide, links to other web sites or resources. Because RestorePower has no control over such sites and resources, subscribers agree that RestorePower is not responsible for the availability of such external sites or resources, and does not endorse and is not liable for any content or damage caused by or in connection with use of other sites. 

9. OWNERSHIP

The content hosted on this web site is valuable intellectual property and all rights are reserved. All reproduction of any content without our prior written consent is prohibited.
Except as expressly authorized by RestorePower, subscribers agree not to modify, distribute or create works based on the service, in whole or in part.

10. DISCLAIMER OF WARRANTY

ALL SERVICES, PRODUCTS AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS" OR "AS AVAILABLE" AND OUR SUBSCRIBERS AND VENDORS DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO SUBSCRIBERS' ACCOUNTS AND MAKE NO WARRANTY AS TO THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF THE WEB SITE, OR THAT THE WEB SITE OR MATERIALS OR CONTENT PROVIDED WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. 

RESTOREPOWER MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET SUBSCRIBERS' REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBERS THROUGH THE SERVICE WILL MEET SUBSCRIBERS' EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT SUBSCRIBERS' OWN DISCRETION AND RISK. SUBSCRIBERS WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBERS' COMPUTER SYSTEM(S) OR LOSS OF DATA THAT MAY RESULT FROM DOWNLOADING ANY SUCH MATERIAL

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBERS FROM RESTOREPOWER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

11. INDEMNIFICATION 

Subscribers agree to indemnify and hold RestorePower, our subscribers and other business partners, harmless from all damages and costs, including reasonable attorneys' fees arising out of or related to subscribers' breach of this Agreement. 

Specifically, we will not be liable for any damages caused by an unauthorized user accessing the account and using subscribers' information.

12. LIMITATION OF LIABILITY 

SUBSCRIBERS EXPRESSLY UNDERSTAND AND AGREE THAT RESTOREPOWER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RESTOREPOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF SUBSCRIBERS' TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY OTHER MATTER RELATING TO THE SERVICE.

13. TERMINATION 

In some cases, we retain the right to remove some or all of subscribers' content such as temporary posting of subscribers' data on certain pages of this web site. 

Subscribers agree that RestorePower, in its sole discretion, may terminate subscribers' accounts and remove and discard any content within the service, for any reason, including, if RestorePower believes that subscribers have violated the letter or spirit of the User Agreement. RestorePower may also at its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. Subscribers agree that any termination of subscribers' access to the service under any provision of this Agreement may be affected without prior notice, and acknowledge and agree that RestorePower may immediately deactivate or delete subscribers' account and all related information and files in subscribers' account and/or bar any further access to such files or the service. Further, subscribers agree that RestorePower shall not be liable to subscribers or any third party for any termination of their access to the service.