Terms and Conditions
This website is owned by The Battery Network, 3060 Mercer University Dr., Ste 110-656 Atlanta, GA 30341 (“The Battery Network”).
1. Your Acceptance
1. By using and/or visiting this website, including all content available through the site (collectively the “The Battery Network Website”), you signify your consent and agreement to these terms and conditions of use (the “Terms and Conditions”).
2. If you do not agree to the Terms and Conditions, please do not use The Battery Network Website.
3. Please note that we may require you to register to perform certain functions and access certain areas of The Battery Network Website.
2. Ability to Accept Terms and Conditions
1. You affirm that you are either 18 years of age or older, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
2. You affirm that you are over the age of 13, as The Battery Network Website is not intended for children under 13.
3. If you are under 13 years of age, then please do not use The Battery Network Website—there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
3. Website Access and Use
1. The Battery Network hereby grants you permission to use The Battery Network Website as set forth herein, provided that:
1. your use of The Battery Network Website is solely for your personal use;
2. you will not copy or distribute any part of The Battery Network Website in any medium without The Battery Network’s prior written authorization;
3. you will not alter or modify any part of The Battery Network Website; and
4. you agree that the information provided on The Battery Network Website is provided for convenience or information only.
2. We may use “cookie” and/or “web beacon” technology to provide features for The Battery Network Website. While all browsers are different, you may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set. However, you may have to enable cookies in order to use and access The Battery Network Website.
3. You agree not to (i) use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” and any other similar or analogous system and (ii) not to effect fraudulent or untrue request messages to The Battery Network’s servers or to engage third persons to effect fraudulent or untrue request messages to The Battery Network’s servers.
4. Notwithstanding the foregoing, The Battery Network grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not to create caches or archives of such materials. The Battery Network reserves the right to revoke these exceptions either generally or in specific cases.
4. Links To and From The Battery Network Website
1. The Battery Network Website may contain links to third party websites that are not owned or controlled by The Battery Network, and such links should not be interpreted as an endorsement of any company, content or products to which The Battery Network Website links. The Battery Network has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.
2. The Battery Network disclaims any and all warranties, express or implied, to any such linked sites, including but not limited to any terms as to the accuracy, ownership, validity or legality of any content of a linked website. By
using The Battery Network Website, you expressly relieve The Battery Network, its officers, directors, employees, and agents from any and all liability arising from your use of any third-party website.
3. The Battery Network permits you to link to only the main or “home” page of The Battery Network Website, i.e., batterynetwork.org. “Deep links” to sub webpages are prohibited.
5. Intellectual Property Rights
1. The Battery Network Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to The Battery Network, its affiliates or associates, and are subject to copyright, trademark, and other intellectual property rights under applicable laws.
2. The Battery Network Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for purpose not authorized herein without the prior written consent of The Battery Network.
3. You agree to not engage in any use, copying, or distribution of any content available from or through The Battery Network Website, other than expressly permitted herein.
4. If you download or print a copy of content from The Battery Network Website for personal use, you must retain all copyright and other proprietary notices contained therein.
5. You agree not to circumvent, disable or otherwise interfere with security related features of The Battery Network Website or features that prevent or restrict use or copying of any content or The Battery Network Website.
6. The Battery Network reserves all rights not expressly granted herein.
6. Warranty Disclaimer
1. You agree that your use of The Battery Network Website shall be at your sole risk.
2. To the fullest extent permitted by law, The Battery Network, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with The Battery Network Website and your use thereof.
3. The Battery Network Website is provided AS IS and The Battery Network makes no warranties or representations about the accuracy or completeness of this site’s content and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of The Battery Network Website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from The Battery Network Website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the The Battery Network Website, and/or (vi) any loss or damage of any kind incurred as a result of use of any content posted, emailed, transmitted, or otherwise made available via The Battery Network Website.
4. The Battery Network does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through The Battery Network Website, and The Battery Network will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
7. Limitation of Liability
1. In no event shall The Battery Network, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from (i) your access to and use of The Battery Network Website, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from The Battery Network Website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our The Battery Network Website, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of The Battery Network Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
2. The Battery Network Website is controlled and offered by The Battery Network from its facilities in the United States of America. The Battery Network makes no representations that the The Battery Network Website is appropriate or available for use in other locations. Those who access or use The Battery Network Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. Indemnity
1. You agree to defend, indemnify and hold harmless The Battery Network, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your violation of any term of these Terms and Conditions; or (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive termination of these Terms and Conditions and your use of The Battery Network Website.
9. Termination
1. The Battery Network reserves the right to discontinue, modify, and alter any and all aspects of The Battery Network Website at any time and without notice.
The Battery Network reserves the right to immediately terminate your access to The Battery Network Website if The Battery Network determines that you are in breach of the Terms and Conditions.
10. General Terms
1. You agree that: (i) The Battery Network Website shall be deemed solely based in the State of Georgia; (ii) The Battery Network Website shall be deemed a passive website that does not give rise to personal jurisdiction over The Battery Network, either specific or general, in jurisdictions other than the State of Georgia, and (iii) by accepting the Terms and Conditions you are submitting yourself to the jurisdiction of the State of Georgia, USA for any issues related to the Terms and Conditions and/or your use of The Battery Network Website.
2. These Terms and Conditions shall be governed by the laws of the State of Georgia without respect to its conflict of laws principles. Any claim or dispute between you and The Battery Network that arises in whole or in part
from The Battery Network Website shall be decided exclusively by a court of competent jurisdiction located in the State of Georgia. These Terms and Conditions, together with and any other legal notices published by The Battery Network on The Battery Network Website, shall constitute the entire agreement between you and The Battery Network concerning The Battery Network Website.
3. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, 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.
4. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and The Battery Network’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
5. The Battery Network reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes.
6. Your use of The Battery Network Website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms.
7. You and The Battery Network agree that any cause of action arising out of or related to The Battery Network Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently time barred.
8. The Battery Network collects customer information which is outlined in its privacy /The Battery Network-privacy-policy/
11. Payments & Transactions
1. Prices are shown in US Dollars.
2. All sales are final. The Battery Network does not accept returns for refund or exchange for any lost or damaged items.
3. To maximize security, The Battery Network does not hold any credit/debit card details. They are held by third party payment providers.
4. Any transactions with The Battery Network and its subsidiaries may be subject to sales tax.
