Our Terms & Conditions
These Terms and Conditions are a legal agreement between Innowatts and You. By using the Software or Website, You accept these Terms and Conditions.
Definitions
“Documentation” means manuals, handbooks, maintenance libraries, and other publications in whatever form supplied or made available to You or to which You have been given access to in connection with the Software or Website.
“Intellectual Property” means all trademarks or trade names (whether common-law or registered), patents, service marks, logos, mask works, patent applications, copyrights (whether published or unpublished), trade secrets, know-how, designs, methods, processes, work-flow(s), inventions, Proprietary Information and transferable rights under written or oral agreements related to the Software or Website.
“Proprietary Information” includes, but is not limited to: Website (including all enhancements, updates, corrections, derivative works and other modifications); Software; Documentation; diagnostic software, equipment or other materials used by Innowatts to perform software installation or other services; Innowatts supplied printed materials; visually transmitted information; and any modifications or derivative works or such materials, whether made by Innowatts or You.
“Software” means the actual copy of all or any portion of the Innowatts software used by You, including, where applicable, application software, systems software, external software, embedded software, microcode and firmware, and where included, Documentation related thereto.
“Website” means any and all pages of the Innowatts website used by customers or end users.
“You” means the user of the Software or Website and sometimes referred to as customer.
Acceptance of Terms of Use
In exchange for unrestricted free access to the Proprietary Information published by Innowatts, You hereby expressly agree to provide accurate information on all registration forms for the Software and on this Website. Innowatts has provided a variety of content, tools, and Proprietary Information on the Software and this Website. By using our Software or Website, You agree to accept and comply with the Terms and Conditions stated herein (“Terms of Use”), which Innowatts may change at any time without notice. Please revisit these Terms and Conditions periodically to ensure You are aware of any such changes.
Innowatts may, at any time, restrict Your use of the Software and access to this Website. Innowatts prohibits the submission of any information from anyone who is under 18 years of age. You represent to Innowatts that You are of legal age and mental capacity to legally enter into a binding contract.
Limited Right to Use
Innowatts solely owns and operates the Software and this Website. All materials in the Software and on this Website are considered Proprietary Information of Innowatts and are protected by the intellectual property laws of the United States. All materials, including Proprietary information, that are viewed, printed, and/or downloaded from the Software or this Website are to be used only for personal use and may not be used for any commercial purposes whatsoever.
No materials, including Proprietary Information, may be copied, reproduced, modified, republished, uploaded, posted, distributed, or transmitted without the prior written consent from Innowatts. The use of such materials is strictly prohibited as such unauthorized use may violate copyright, trademark, intellectual property or other United States or international laws.
Communications
All information given by You and communications from You to the Software or this Website, in any form, will be considered confidential. You agree not to post any unlawful, abusive, offensive, sexually oriented, obscene, defamatory, harassing, profane, or otherwise indecent information of any kind, including without limitation any communications that would constitute a criminal offense, give rise to civil liability, or violate local, state, national, or international law, or infringe upon another organization’s copyright or trademark, on the Software or this Website. You agree that You are solely responsible for the content of Your communications and their legality of said content under all United States and international laws.
Access to Password-Protected or Secured Areas
Access to and use of password-protected or secured areas of this Website is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this Website. If You use this Website, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account.
You will not misuse or share Your username or password, misrepresent Your identity or Your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials You are exposed to through this Website. If You violate Your obligations under this section, You may be subject to civil and/or criminal prosecution.
Monitoring
Although Innowatts is not obligated to do so, it will have the right to review Your communications on this Website to determine whether You comply with our Terms and Conditions. Innowatts will not have any liability or responsibility for the content of any communications You post to this Website, or for any errors or violations of any United States or international laws or regulations by You.
Innowatts will comply with any court order in disclosing the identity of any person posting communications on this Website. It is advisable that You review our Privacy Policy before posting any such communications. Please note that when You conduct transactions with other companies providing content via this Website, You will also be subject to their privacy policies.
Intellectual Property
All title, ownership and Intellectual Property rights in and to the Software and Website and any modifications, improvements, enhancements or derivative works of the Software and Website (including any that You make) will vest and remain with Innowatts. This Agreement does not grant You any Intellectual Property rights in the Software, the Website or any other Innowatts software.
You agree that the Company, in its sole discretion, may incorporate as its own and use (including distribution in source code form under a commercial, or other license) any and all feedback or guidance You provide regarding the Software or Website. You hereby assign to Company all rights, title and interest in any feedback or guidance You provide regarding the Software and Website and agree to execute all documents necessary to implement such assignment.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND, PROTECT, SAVE, KEEP, AND HOLD HARMLESS INNOWATTS, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, OFFICERS, AFFILIATES AND SUBSIDIARIES, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, CAUSES OF ACTION, INJURIES, LIABILITIES, DEMANDS, COSTS, EXPENSES (INCLUDING ATTORNEYS FEES AND OTHER LEGAL EXPENSE) OF WHATSOEVER KIND AND NATURE, RELATING TO, CONNECTED WITH IN ANYWAY, ARISING OUT OF, OR IN ANY WAY RELATED TO THE SOFTWARE, WEBSITE OR OTHER INNOWATTS SOFTWARE.
Limitation of Liability
You agree that neither You or any third party may recover any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including any damages resulting from lost revenues, loss of use, loss of data, damage to data, loss of profit, cost of substitute software or services, cost of replacement goods, or loss of business whether arising out of or in connection with the use or inability to use the Software or Website, performance of the Software or Website, damages resulting from the use of the information or materials presented on the Software or Website, and regardless of the form of action upon which a claim for such damages may be based, whether in contract, tort (including negligence), product liability, strict product liability or any other legal or equitable theory, from Innowatts or its suppliers, partners or affiliates.
Disclaimer
The Website is provided by Innowatts on an “as available” basis. Innowatts makes no warranties of any kind, express or implied, as to the operation of this Website, or the information, content, materials, or products included on this site. You agree that Your use of this Website is at Your sole risk. You should not assume that the materials on this Website are continuously updated or contains current information. Innowatts is not responsible for providing content or materials that have been expired or removed.
To the full extent permissible by applicable law, Innowatts disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Innowatts does not warrant that this site, servers, or email sent from this domain are free of viruses or other harmful spyware or components. Innowatts will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential, special, punitive or exemplary damages.
Applicable Laws
All matters relating to Your access and use of this Website shall be governed by the federal laws of the United States and the laws of the State of Texas. Any action relating to Your use and access of this Website shall be brought exclusively in the federal and state courts located in Harris County, Texas and You expressly agree to be subject to the jurisdiction and venue of such courts.
Assignment
You may not assign any of Your rights or obligations under these Terms and Conditions without the express written consent of Innowatts, and, if consent is granted, You agree to be responsible for the assignee’s strict adherence to all Terms and Conditions. Innowatts may assign its rights and obligations to You to any person or entity at any time and for any reason.