Legal

Disclaimers and Terms of Use

Thanks for your interest in our Website at www.energypowerpartnerscom. Your use of this Website, including the content, materials and information available on or through this Website (together, the “Materials”), is governed by these Terms of Use (these “Terms”). By using this Website, you acknowledge that you have read and agree to these Terms.  Your use of this site constitutes your agreement to all such terms, conditions, and notices.  Energy Power Management, LLC and its affiliates (collectively, “EPP” reserves the right to change the terms, conditions, and notices under which this site is offered without prior notice at any time.

EPP owns and maintains this site.  Nothing at this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any photograph, image, trademark, logo or service mark at the site.  No act of downloading or otherwise copying from this site will transfer title to any software or material at this site to you.  Anything that you transmit to this site becomes the property of EPP, may be used by EPP for any lawful purpose, and is further subject to disclosure as deemed appropriate by EPP, including to any legal or regulatory authority to which EPP is subject.  EPP reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law.  This site is for your personal and non-commercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, or services obtained from this site.

Under no circumstances should any material at this site be used or considered as an offer to sell or a solicitation of any offer to buy an interest in any securities or investment fund.  The material on this website does not constitute, and may not be used in connection with, an offer or solicitation by anyone in any jurisdiction in which such offer or solicitation is not permitted by law or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation.  Access to information about any accounts is limited to investors who, among other requirements, either qualify as accredited investors within the meaning of the Securities Act of 1933, as amended, or those investors who generally are sophisticated in financial matters, such that they are capable of evaluating the merits and risks of prospective investments.

While EPP uses reasonable efforts to update the information on this site, EPP makes no representations or warranties as to the accuracy, reliability or completeness of any information at this site.  Opinions, advice and any other content at this website, including the terms and conditions of your use of this service, are subject to change without notice or liability.

All materials at this site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices.  Any disclaimers, restrictions, disclosures or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.  In particular, except to the extent that Materials provided through a password protected area on this Website are subject to different rules, we make no representations or warranties with regard to the Materials’ accuracy, completeness, non-infringement or fitness for a particular purpose. You should be aware that a significant portion of the Materials include or consist of information that has been provided by third parties and has not been validated or verified by us. In connection with our investment activities, we often become subject to a variety of confidentiality obligations to funds, investors, portfolio companies and other third parties. Any statements we make may be affected by those confidentiality obligations, with the result that we may be prohibited from making full disclosures. Without limitation on the effect of other warnings and disclaimers set forth in these Terms, you should interpret any statements we make (on this Website or otherwise) in that context

All text, photos, graphics, logos, content and other Materials on this Website are protected by United States and foreign copyright, trademark and other applicable laws. In particular, all trademarks, trade names and logos displayed on this Website are proprietary to EPP, its affiliates or their respective owners, and this Website grants no license to them. EPP and EPP Service Company’s logos are among our registered trademarks in the United States and/or other countries.

Due to the large number of business plan ideas and related materials that we review, and the similarity of many such plans and materials, we cannot accept responsibility for protecting against misuse or disclosure any confidential or proprietary information or other materials in the absence of our express written agreement to do so. Any plans, information and other materials you submit in connection with this Website may be used or disclosed by us for any purpose and in any manner, as we determine in our sole discretion. Please consider this carefully before sending us any information or other materials that you deem confidential or proprietary.

This website may utilize “cookies”. A cookie is an element of data that a website can send to your browser and store on your computer’s hard drive. They are used by EPP to determine user activity throughout its website (such as specific pages visited, time spent on those pages, and frequency of visits).  EPP uses this information to analyze usage patterns and, more importantly, to provide you with a more rewarding experience each time you visit the EPP website.  EPP does not use cookies to store or transmit any personally identifiable information about you on the Internet.

We accept no responsibility for third-party sites available through this Website, via hyperlink or otherwise. You are encouraged to review the terms of use applicable to those sites. Any access to, or use of, a third-party site is solely at your own risk.

Certain Materials may be made available through a password protected area on this Website. Each password is intended to be confidential and used only by the individual or entity to whom it is issued. Do not disclose your password to any unauthorized person. If you access Materials through a password protected area, please note that the written agreements between you and the applicable EPP entities, as well as any provisions set forth in those Materials, govern the parties’ respective rights and obligations with regard to those Materials. In particular, Materials provided through a password protected area generally are confidential and subject to limitations on disclosure and use, and EPP individuals and entities generally have limited liability with respect to the accuracy and completeness of such Materials.

The materials in this site are provided “as is” without warranty of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law.  EPP further assumes no responsibility for, and makes no warranties that, functions contained at this site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available will be free of viruses or other harmful components.  EPP shall not be liable for any damages to, viruses that may infect, or services, repairs or corrections that must be performed, on your computer or other property on account of your accessing or use of this site.  Please note that some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to you.

IN NO EVENT SHALL EPP BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFIT, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE MATERIAL CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE.  IN NO EVENT SHALL EPP TOTAL LIABILITY FOR ANY AND ALL DAMAGES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE USE OF THIS WEBSITE.
Certain laws do not allow limitations or implied warranties, or the exclusion or limitation of certain damages.  If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

In the event any of the terms or provisions of these terms and conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These terms and conditions shall be subject to any other agreements you have entered into with EPP.

All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of this site and any and all other EPP site(s), shall be submitted exclusively to the jurisdiction of the State or federal courts located in the State of [State] and the County of [County].  In the event any portion of these Terms of Use is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use and, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use. You agree that your breach of these Terms of Use may result in irreparable harm to EPP which cannot be compensated by money damages, and that EPP shall be entitled to obtain injunctive relief for any such breach.

The materials and services at this website are intended for U.S. persons only.  EPP makes no representation that this website is appropriate for use in all locations, or that transactions, securities, products, instruments or services discussed at this website are available or appropriate for sale or use in all jurisdictions, or by all investors or counter parties.  Those who access this website are responsible for compliance with applicable local laws or regulations.  No software at this website may be downloaded or otherwise exported in contravention of U.S. Department of Treasury or U.S. Department of Commerce regulation.

These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and entirely to be performed within the State of California without resort to its conflict of law provisions.

Except to the extent expressly set forth in Materials provided through a password protected area on this Website, or as otherwise specified by a EPP entity in writing, nothing on this Website is intended to constitute (i) an offer, or solicitation of an offer, to purchase or sell any security, other asset or service, (ii) investment advice or an offer to provide such advice, or (iii) a basis for making any investment decision. Except as expressly stated by a EPP entity in writing, neither this Website nor any of the Materials make any effort to present a comprehensive or balanced description of EPP or its investment activities.  Any analysis or discussion of investments, sectors or the market generally are based on current information, including from public sources, that we consider reliable, but we do not represent that any research or the information provided is accurate or complete, and it should not be relied on as such. Our views and opinions expressed in any website content are current at the time of publication and are subject to change. Past performance is not indicative of future results.

Any specific company listed or discussed is not intended to be representative of any or all companies purchased, sold or recommended for EPP’s advisory clients. One should not assume that all investments in the companies identified are or will be profitable.

Any questions, concerns or complaints regarding these Terms should be sent to [EMAIL].