Terms of Service
Last Updated: January 9, 2021
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. These Terms include a mandatory arbitration provision in Section 16. If you don’t agree to these Terms, don’t use our services.
Terms of Service
These Terms govern your access to and use of the products and services we provide.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
1. Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe (including the UK and ROI).
2. Your Account
We may limit your access to our Services until we’re able to verify your account information, like your email address.
When you create a Standby Power Systems, LLC account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a blog post you write about your boss, that’s on you.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
3. Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
4. Responsibility of Visitors and Users
We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:
- We don’t have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
5. Fees, Payment, and Renewal
a. Automatic Fees
Fees for Paid Services. Some of our Services are offered for a fee. “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to a WordPress.com plan, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
To review renewal dates and manage subscriptions for any other Paid Services, please consult the respective contact our support team.
You’ll need to check your email (including in spam or other filters) for any reminder emails we might send you before your Paid Services renew.
If auto-renew is successfully turned off, you’ll see the date on which your subscription expires. If you have multiple Paid Services to cancel, repeat this process for each subscription.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.
No-Show Policy. We may have a “no-show policy” for some Paid Services that require your participation. For instance, this may mean that if you don’t show up or are late for a scheduled session, you’ll still be charged and won’t be entitled to a refund.
Refunds. We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.
b. Fees Collected
Automatic Renewal. Any recurring payments you make to a website owner (like a website subscription) are automatically renewed. This means that unless you or the website owner cancels your website subscription before the end of the applicable renewal period, it will automatically renew. Your recurring payments are renewed for the same interval of time as your original subscription period. For example, if you select an annually renewing website subscription, you’ll be automatically charged by the website owner once each year. You can view the renewal dates for your website subscriptions on your Other Site Payments page.
Cancelling Automatic Renewal of Website Subscriptions. You can manage and cancel your website subscriptions as described here at your Other Site Payments page. Click on the payment you want to cancel and follow the instructions. Repeat this process for each website subscription you want to cancel.
Refunds. We’re not responsible for refunding fees. If you’d like to request a refund, please contact the us.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
7. General Representation and Warranty
Our mission is to make the web a better place. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
8. Specific Service Terms
a. WordPress.com Websites and Accounts
License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services. This license also allows us to make any publicly-posted Content available to select third parties.
Removing Content. If you delete Content, we’ll use reasonable efforts to remove it from public view, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
Web Traffic. We may use a third-party service to measure Standby Power Solutions, LLC’s audience and usage.
9. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our Digital Millennium Copyright Act (“DMCA”) Policy and send us a notice.
10. Intellectual Property
The Agreement doesn’t transfer any third-party intellectual property to you, and all right, title, and interest in and to such property remains with Standby Power Solutions, LLC.
We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered.
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided “as is.” Standby Power Solutions, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Standby Power Solutions, LLC nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
14. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, any access to or use of our Services will be governed by the laws of the state of Missouri, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Independence, Missouri.
15. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Independence, Missouri, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
16. Limitation of Liability
In no event will Standby Power Solutions, LLC , or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Standby Power Solutions, LLC under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Standby Power Solutions, LLC shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Standby Power Solutions, LLC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.
18. US Economic Sanctions
You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Standby Power Solutions, LLC and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Standby Power Solutions, LLC may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
21. Legal context of the standards referenced
All reference to NFPA standards is in the context of legal requirements. NFPA 101, Life Safety Code,2000 edition was adopted by the Department of Health & Human Services, Centers for Medicare & Medicaid Services with the publication on January 10, 2003, of the Federal Register (68 FR 1374) of a final rule entitled “Medicare and Medicaid Programs; Fire Safety Requirements for Certain Health Care Facilities.” Facilities in existence at the time were given until September 11, 2003 to comply with the regulations.
The standards referenced in this website fall either under NFPA 101 or individually as they have been adopted into statutes by the federal, state, and local governments.
We rely heavily upon NFPA 110, 1999 edition, 2005 edition, and 2010 edition but all editions may be mentioned. I also reference other standards which may include NFPA 101, 110, 99, 30, 37, 70, 70E, 58, and 25. All are referred to in the context that they have been adopted into statute.
NFPA standards are provided by the National Fire Protection Association (NFPA) at 1 Batterymarch Park, Quincy, MA 02169-7471. Copies of NFPA standards may be obtained by calling 1-800-344-3555 or online at http://catalog.nfpa.org.
Other standards may also be mentioned. These may include but are not limited to International Building Code, International Fire Code, and The Joint Commission.
22. Standby Power Solutions, LLC disclaims any liability
Standby Power Solutions, LLC disclaims any liability for any personal injury, property, or other damages of any nature whatsoever, whether special, indirect, consequential, or compensatory, directly or indirectly resulting from the publication, use of, or reliance on this document. Standby Power Solutions, LLC also makes no guaranty or warranty as to the accuracy or completeness of any information contained herein. Anyone using this document should rely on his or her own independent judgment, or as appropriate, seek the advice of a competent professional in determining the exercise of reasonable care in any given circumstances.
All contents ©2021 by Standby Power Solutions, LLC. All rights reserved. No part of this document or the related files may be reproduced or transmitted in any form, by any means (electronic, photocopying, recording, or otherwise) without the prior written permission of the publisher.