Terms and Conditions

First Point Power, LLC and its affiliated companies (“we,” “us” or “our”) provide access to this site (the “Site”) to you, subject to these Terms and Conditions of Use (“Terms”). Please read this page carefully. Your use of this Site constitutes your agreement to these Terms as well as our Privacy Policy, which is incorporated by reference into these Terms. You acknowledge and agree that by accessing or using this site that you are entering into a legally binding contract with us. If you do not agree with our Terms or Privacy Policy, please do not use this Site.

It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of this site after the date such revised Terms are posted.

By using this site, you represent and warrant that:

(1) you have the legal capacity and you agree to comply with these Terms;

(2) you will not access this site through automated or non-human means, whether through a bot, script, or otherwise;

(3) you will not use this site for any illegal or unauthorized purpose;

(4) your use of this site will not violate any applicable law or regulation.

This Site is not intended for children under the age of 18.

These Terms shall be exclusively governed by and construed in accordance with the internal laws of the State of Rhode Island, and the exclusive venue for any judicial action arising out of or related to these Terms or access to or use of the Site shall be the state and federal courts located in Providence, Rhode Island. We and you each waive any objection to the personal jurisdiction and venue of such courts.

This Site, as a whole, is copyrighted as a collective work, and individual works appearing on or accessible through this Site are likewise subject to copyright protection. You agree to honor the copyrights in this Site (including the selection, coordination and arrangement of the contents of this Site) and in the works available on or through this Site.

As between us and you, this site is our proprietary property and all source code, databases, functionality, software, site designs, audio, video, text, photographs, and graphics on this site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States and other applicable jurisdictions.

The Content and the Marks are provided on this Site “AS IS” for your information and personal use only. No part of this site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Subject to your compliance with these Terms, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Site as intended by these Terms. All rights not expressly granted in this Agreement are reserved to us.

This Site may not be used for any illegal or unlawful purposes or any usage by any user that we deem questionable.

We reserve the right to discontinue, modify or suspend this Site at any time, as well as the right to deny access to this Site to any person whom we have reasonable grounds to believe may be using this site for an unlawful or unauthorized purpose or in a manner that may harm us. We reserve the right to take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities.

Nothing in these Terms will be construed to obligate us to maintain and support this Site or to supply any corrections, updates, or releases in connection therewith. We cannot guarantee this Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to this site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use this Site during any downtime or discontinuance of this site.

The discontinuance of this Site shall not affect the survival of any provisions which govern your use of the Site, establish our rights or limit our liabilities.

You knowingly and freely assume all risk when using this Site. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify us from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, relating to your use of the Site.

We respect the intellectual property rights of others and as such, we follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA”). If you believe Content located on or linked by the Site violates your copyright, please immediately notify us by emailing us a takedown notice (“Infringement Notice”), providing this information: (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; (b) an identification of the copyright claimed to have been infringed; (c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit us to find and positively identify that material; (d) your name, address, telephone number, and email address; and (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to info@firstpower.com with the subject line “DMCA Notice.” You may also contact us at (401) 684-1443 or (877) 206-4855 or by mail at 2000 Chapel View Blvd, Suite 450, Cranston, RI. If we take action in response to an Infringement Notice, we will make a good faith attempt to contact the person or entity who made the Content available. Under the DMCA, you may be held liable for damages based on material misrepresentations in your infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Service infringes your copyright, you should first contact an attorney. If you believe we have disabled your content in error, you may submit a counter notice under the DMCA.

References and links to products and services belonging to third parties may be provided for your convenience and do not represent our endorsement of such products or services. Materials accessible from or provided to us by third parties are strictly the responsibility of the third party who added such materials or made them accessible. We make no guarantees as to such materials. You assume all liabilities and risks associated with your interaction with the providers of such materials you agree to release us from liability resulting from any damages or occurrences resulting therefrom.

THIS SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THIS SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THIS SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE, ANY HYPERLINKED SITE, OR ANY SITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

IN NO EVENT WILL WE OR OUR OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

[NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

These Terms and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us regarding the Site. Our failure to exercise or enforce any right or provision of these Terms at any time shall not operate as a future waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of this site. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

First Point Power, LLC
2000 Chapel View Blvd
Suite 450
Cranston, RI 02920
(401) 684-1443
(877) 206-4855
info@firstpointpower.com