Vuka - Intelligent Energy

Terms and Conditions

WEBSITE USE TERMS & CONDITIONS

www.vuka.com

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Welcome to www.vuka.com (“Vuka.com”).

This website is operated by Vuka Limited and Vuka, LLC (collectively, “Vuka”). The Vuka.com website and services are hosted and conducted in the United States.

OVERVIEW

Please take a few minutes to carefully review the following terms and conditions. By using this website, you agree to be bound by these terms and conditions, as they may be modified and placed on this website at any time by Vuka. If you do not agree with any of these terms and conditions, do not use the Vuka.com website. Vuka reserves the right to seek all remedies available by law and equity in the event of a violation of these terms and conditions.

WEBSITE & TERMS OF USE MAY CHANGE

Vuka may, at its sole discretion, update, modify, change, add or remove the Terms and Conditions (or any part thereof) at any time and with or without notice. Vuka may also change, terminate, suspend or discontinue any aspect of Vuka.com, including the availability of any features on Vuka.com with or without notice. Please check periodically for changes. Your continued use of Vuka.com following the posting of such changes constitutes your agreement to be bound by the changes. You agree that Vuka shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Vuka.com website or Terms of Use.

This Site is for the personal use of individual Internet users, (“User” or “you”), and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Users are any and all visitors to the Vuka.com website.

This site is not intended for children under the age of 13. If you are under 13, you may not use this site.

TRADEMARKS & COPYRIGHTS

All content and materials that may be found at and which comprise the Vuka.com website, including, but not limited to, trademarks, names, page headers, images, illustrations, graphics, photographs, audio clips, video clips, text, artwork, images, software or HTML code (collectively “Content”) are protected by trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Vuka, its affiliates or third parties who have licensed such materials and content to Vuka.

The entire Vuka.com website and Content, including the selection, coordination, arrangement, enhancement and look and feel of the website is protected by copyright.

All trademarks, service marks, names, trade names, trade dress, logos and images are registered and/or common law trademarks and service marks of Vuka. Use of the Vuka.com website in no way grants you any rights or licenses to use such marks, logos, names or trade dress.

VUKA.COM USE RESTRICTIONS

You agree not to use the Content of Vuka.com for any illegal or improper purpose, nor for any purpose which might infringe the rights of others or which might harass or cause distress to any person. You are free to display and print for your personal, non-commercial use information you receive via Vuka.com.

You agree to abide by all copyright notices and restrictions attached to the Content and not to remove or alter any such notice or restriction or alter the Content in any way.

Use of Vuka.com is subject to, but not limited to, the following restrictions:

Vuka.com Content may be used solely for personal, noncommercial use and product ordering purposes only.

You may not copy, reproduce, post, broadcast or create derivative works from the Vuka.com website or any of its Content without prior written permission of Vuka.

You may not distribute copies of materials or Content found on Vuka.com in any form (including by e-mail or other electronic means), without prior written permission, although you may encourage others to access the information themselves on Vuka.com and to tell them how to find it.

You may not modify or alter the Content or delete or change any copyright or trademark notice in any way.

You may not use any Vuka marks or names in domain names, meta-tags, hidden text or in sponsored ads on the Internet.

Vuka may enforce its intellectual property rights to the fullest extent of the law against any misuse of Vuka trademarks, service marks and Content found on Vuka.com.

USER PROVIDED CONTENT/BLOG

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials are the sole responsibility of the person from which such Content originated (“User Provided Content”). This means that the person providing User Provided Content, and not Vuka, is entirely responsible for all User Provider Content that is uploaded, posted, transmitted or otherwise made available via this website, if permitted by Vuka.com.

The views or images expressed in User Provided Content that may be found on Vuka.com do not represent the views of Vuka. Vuka does not necessarily guarantee the accuracy, integrity or quality of such User Provided Content. Without limiting the foregoing, Vuka, at its sole discretion, shall have the right to remove any User Provided Content that violates the Terms of Use or is otherwise objectionable.

LINKING

Vuka.com may provide links to third party websites periodically and for your convenience. Vuka does not control and is not responsible or liable for these third party websites or the content therein or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use or reliance on goods, services or content on or from the third party websites. At no time shall any of these links be deemed to imply that Vuka endorses or approves the third party website and content. You understand and acknowledge that you assume all risk and responsibility arising from your use of any such websites or resources.

Use of Vuka.com is also governed by the Vuka Privacy Policy, which is incorporated into these Terms and Conditions by this reference.

DISCLAIMERS

Vuka has taken reasonable efforts to ensure that the information contained on Vuka.com is accurate. However, all information is provided “AS IS,” and Vuka does not warrant and makes no representation that content provided on Vuka.com is accurate, appropriate or applicable for use in locations outside of the United States.

Without limiting the foregoing, Vuka further disclaims and does not represent or warrant the following:

That Vuka.com will operate without interruption, errors defects, bugs, viruses or other harmful components or that any defects appearing on Vuka.com will be corrected.

Liability or responsibility or damage as to the correctness, completeness, reliability or accuracy in the representation of each and every product, including but not limited to, color, quantity, size, taste and pricing.

Liability or responsibility for damage, theft, loss, injury or claim of liability of any kind based on or resulting from any information contained on Vuka.com or as a result of unauthorized access to, damage to or interception of any data or communications sent to or from, scraped from or stored on Vuka.com

Liability or responsibility to any person, firm or corporation for any loss, damage, injury, claim or liability of any kind or character based on or resulting from any information or Content contained on Vuka.com.

LIMITATIONS ON LIABILITY

In no event shall Vuka or its affiliates, vendors or suppliers or any of their employees, directors, officers or agents be liable to you or any party for any direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of the use of Vuka.com or Vuka’s products even if Vuka is advised of the possibility of such damages beforehand. Such limitations of liability may not be permitted in some U.S. states. In such jurisdictions, the liability of Vuka, its employees, directors, officers and agents is limited to the fullest extent permitted by such state law. You agree that the liability of Vuka, its officers, directors, employees and agents, if any, arising out of any kind of legal claim in any way connected to Vuka.com will not exceed the amount, if any, you paid to purchase any good or service from Vuka.com.

By using Vuka.com, you agree to indemnify, and hold harmless, Vuka from and against any liabilities, losses, damages and expenses, including court costs and reasonable attorneys’ fees, arising out of or in connection with any suit or action brought against Vuka as a result of your use of Vuka.com.

APPLICABLE LAW

By accessing Vuka.com you agree that these terms and conditions and your use and access of Vuka.com is governed and interpreted solely pursuant to the laws of the state of Colorado, U.S.A., without respect to conflict of law principles. You agree that the Vuka.com website shall be deemed solely based in Colorado. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions, the Privacy Policy and/or your use of Vuka.com shall be a state or federal court located in the Denver metro area in Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

These Terms and Conditions, and any other legal notices published by Vuka on Vuka.com, shall constitute the entire agreement between you and Vuka concerning the Vuka.com website and the Content on Vuka.com.

If a court of competent jurisdiction deems any provision of these Terms and Conditions invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Vuka’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.