By accessing this website (this “Site”) owned by NuWatt Energy, Inc. (otherwise referred to in this document as, “NuWatt Energy”, “NuWatt”, “we,” or “us”), you are agreeing to be bound by these Terms and Conditions of Use (this “Agreement”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trademark law.
Permission is granted to temporarily download one copy of the materials (information or software) on this Site for personal, non-commercial transitory viewing only. This Site is available only to individuals of the age of majority who can form legally binding contracts under applicable law and your use of this Site is your representation that you satisfy this requirement. You are solely responsible for maintaining the confidentiality of your password/passphrase and account. Furthermore, you are solely responsible for any and all activities that occur under or in connection with your account or which result from access to or use of the Site using your password/passphrase or account. Each user is solely responsible for his or her transmissions. This is the grant of a license, not a transfer of title, and under this license, you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the Site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by NuWatt at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You agree that you will not use the Site: (i) in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (ii) to invade the privacy of others; (iii) to violate, plagiarize, or infringe on the intellectual property or contractual rights of any person in connection with any use of the Site; (iv) to transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, discriminatory or otherwise objectionable material, or to encourage conduct that would give rise to civil liability of any manner.
You agree that you will not: (i) violate, or assist in violating, the security of the Site, whether intentionally, negligently or otherwise; (ii) impersonate NuWatt Energy personnel or other persons or entities; (iii) use any electronic mail message, device, software or programming routine that may impair, interfere or impose an unreasonable burden on the Site or NuWatt Energy; (iv) intercept or expropriate any system, data or information of this web site; or (v) resell, assign or transfer, in whole or in part, your right to use the Site.
You agree to provide true, accurate, and complete information about yourself, to update such information as necessary, and to maintain the confidentiality of your password/passphrase and account designation. You agree that you are solely responsible for all activities that occur using your password/passphrase or account. You agree to notify NuWatt Energy immediately in the event of any unauthorized use of your password/passphrase or account or any other breach of security. You agree that NuWatt Energy employees may have access to your account and records as reasonably necessary to investigate complaints and maintain the Site.
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
The materials on NuWatt’s websites are provided “as is.” NuWatt makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NuWatt does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
User Information; Privacy
The materials on this Site are provided “as is.” The information and services included in or available through the Site may include inaccuracies or errors. NuWatt Energy may make improvements and/or changes to the Site at any time without notice. NuWatt Energy does not guarantee that access to or use of the Site will be uninterrupted or error-free, that bugs or malfunctions will be corrected, or that the Site and its servers are free of harmful components. NuWatt Energy does not guarantee that the use of its Site, or the materials provided within the Site, is accurate, without error, or reliable.
You acknowledge and agree that NuWatt Energy is not responsible or liable for messages you receive, even if they are unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or infringe the intellectual property or other rights of another.
You acknowledge that NuWatt Energy will not be responsible for any injuries or damages connected with the use of, loss of use of, or inability to use, the Site. The user is solely responsible for any and all information that he or she transmits using the Site. The user’s sole and exclusive remedy is to discontinue their use of the Site.
NuWatt Energy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, NuWatt Energy does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Site or otherwise relating to such materials or on any sites linked to this Site.
You agree that NuWatt Energy, its subsidiaries, affiliates, officers, directors, and employees, will not be held responsible for any third-party claim, demand, or damage, including reasonable attorneys’ fees, arising out of your use of the Site.
Export Control Laws
Export of any information from this Site is subject to all United States Export Control laws. No content from this Site may be downloaded or otherwise exported in violation of these or any other laws.
NuWatt Energy has not reviewed all of the sites linked to this Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by NuWatt Energy of the site. Use of any such linked website is at the user’s own risk.
NuWatt Energy may revise this Agreement at any time without notice. By using this Site you are agreeing to be bound by the then current version of this Agreement.
Any claim relating to NuWatt Energy or this Site shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.
This Agreement and all materials incorporated by reference constitute the entire understanding between you and us with respect to your rights and obligations as a user of the Site. If any provision of this User Agreement is held to be invalid or unenforceable, the provision shall be struck and the remaining provisions shall be enforced. The failure by NuWatt Energy to enforce any provision of this User Agreement at any time is not a waiver of any provision of right.