Terms & Conditions

Acceptable Use Guidelines

THE FOLLOWING DESCRIBES THE TERMS ON WHICH DIVERSIFIED POWER INTERNATIONAL, LLC OFFERS YOU ACCESS TO OUR SERVICES.

1.    WEB SITE TERMS AND CONDITIONS
Except as otherwise indicated, this Web site and its entire contents are owned by Diversified Power International, LLC (“DPI”) and are fully protected by international copyright, trademark and other intellectual property laws. DPI maintains this Web site as a service to its customers. By using this Web site, you agree to the terms and conditions. If you do not agree to these terms and conditions, we ask that you not download any information and that you leave this Web site immediately.  This Web site may be used for informational purposes only.  DPI may change, suspend or terminate any aspect of this Web site at any time.  DPI may also place limits on this Web site, including usage restrictions against specific users, without notice or liability.  DPI reserves the right to change or modify these terms and conditions at any time in whole or in part. Continued use of this site will be deemed as an acceptance of any modified terms and conditions.

ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS, THE SERVICES OR SUCH OTHER ACTION PERMITTED IN ACCORDANCE WITH THE APPLICABLE COMPANY SERVICE POLICIES.

2.    LAWFUL USE.
You agree that You will not at any time conduct your business in any manner that directly or indirectly offers, sells, leases, licenses or displays, delivers, advertises, recommends or promotes any product(s), service(s), data, information, image(s), text and/or any content which:


The foregoing list is a non-exhaustive list of prohibited goods and services.

3.    LIMITED LICENSE
Subject to these terms and conditions, DPI grants a non-exclusive, non-transferable, right to access and use the Web site and its contents.  DPI authorizes you to view this Web site and download information and other contents (“Content”) for personal and non-commercial use.  This authorization is subject to the following restrictions:


4.    ENFORCEMENT.
Company reserves the right and has absolute discretion to enforce the Terms.

5.    LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS.
The Site contains links to third-party Web sites. The linked sites are not under the control of DPI, and DPI is not responsible for the contents or policies of any linked site. DPI provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by DPI. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, DPI cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

6.    ONLINE ORDERS
Nothing contained in this Web site shall constitute an offer by DPI or its affiliates to buy or sell products or services. No agreement to sell products or services shall be formed until an order is placed by you and then accepted by DPI in the manner set forth in DPI’s specific ordering instructions. The terms of such agreement shall be those of DPI’s standard terms and conditions of sale. All product requests or orders are subject to applicable law, including without limitation any applicable export and import regulations and boycott restrictions.

7.    PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Web site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current.

User accepts full responsibility for all activities that occur within such User's DPIPOWER.com account.

8.    WARRANTY.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, SOLELY AS A CONVENIENCE. DPI DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ENTIRELY ERROR-FREE OR VIRUS FREE NOR DOES DPI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SITE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE THAT THIS SITE AND THE SERVICES ARE COMPUTER NETWORK-BASED SERVICES, WHICH MAY BE SUBJECT TO OUTAGES, INTERRUPTIONS, ATTACKS BY THIRD PARTIES AND DELAY OCCURRENCES. IN SUCH AN EVENT AND SUBJECT TO THE TERMS HEREOF, DPI SHALL USE COMMERCIALLY REASONABLE EFFORTS TO REMEDY MATERIAL INTERRUPTIONS AND WILL PROVIDE ADJUSTMENTS, REPAIRS AND REPLACEMENTS, WITHIN ITS CAPACITY THAT ARE NECESSARY TO ENABLE THE SITE AND THE SERVICES TO PERFORM THEIR INTENDED FUNCTIONS IN A REASONABLE MANNER. YOU ACKNOWLEDGE THAT DPI DOES NOT WARRANT THAT SUCH EFFORTS WILL BE SUCCESSFUL. IF DPI’S EFFORTS ARE NOT SUCCESSFUL, YOU MAY TERMINATE THE APPLICABLE SERVICE AGREEMENT AND CEASE USING THE SITE. THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY, AND DPI’S SOLE LIABILITY, IN THE EVENT OF INTERRUPTION, OUTAGE OR OTHER DELAY OCCURRENCES IN THE COMPANY SERVICES. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF CONTENT, OR ALLEGATIONS THAT DPI HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE, RE-PUBLICATION OR OTHER EXPLOITATION OF THE SITE OR SERVICES. YOU USE THE SITE AT YOUR OWN RISK AND NEITHER DPI NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIALS FOR PUBLICATION WITHIN THE SITE WILL BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OF THIS SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM, LOSS OF SERVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

DISCLAIMER.
EXCEPT AS EXPRESSLY SET FORTH, DPI SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE WITH RESPECT TO THE SITE OR SERVICES, OR OTHER SERVICES OR GOODS PROVIDED THROUGH THIS SITE. USER AGREES THAT COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SITE WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ENTIRELY ERROR-FREE.

9.    LIMITATION OF LIABILITY.
IN NO EVENT SHALL DPI BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND FUNCTIONS OF THIS WEB SITE OR ANY LINKED WEB SITE, EVEN IF DPI  IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DPI EXPRESSLY DISCLAIMS ANY LIABILITY OR LOSS ARISING FROM OR RELATED TO THIS WEB SITE (HOWEVER ARISING, INCLUDING NEGLIGENCE).

10.    INDEMNIFICATION.
You agree to indemnify, defend and hold harmless DPI, its subsidiaries, affiliates, directors, officers, shareholders, agents, contractors and employees, from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, arising from or out of: (a) your use of the Web site and/or Services; (b) your breach or alleged breach of any representation, warranty or other obligation; (c) your violation or alleged violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) the negligence or willful misconduct by you or your employees or agents; (e) any violation of the Terms or Privacy Policy; (f) your infringement of any intellectual property or other legal right of any person or entity; or (g) your advertising, marketing, promotion, sale or distribution of any products or services

11.    SERVICES OFFERED BY COMPANY ON THIS SITE.
When you enroll to obtain a Service from DPI, you accept the specific terms and conditions applicable to that Service in accordance with the applicable Service Agreement. Except as provided in the Service Agreement, Company does not warrant that any service description or content contained in this Site is accurate, current, reliable, complete or error-free.

12.    TERMINATION & EFFECT.
DPI may terminate access to the Site and the Services, with or without cause, at any time and effective immediately. DPI shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) terminate use of the Site and/or Services; and (b) notify DPI of termination.

13.    PRIVACY POLICY.
Information collected by the Site will be treated in accordance with DPI’s Privacy Policy, which is incorporated herein by reference.

14.    GOVERNING LAW & JURISDICTION.
This Web site is administered and operated by DPI from its offices within the United States, and DPI makes no representation that the information and other Content herein is available or appropriate for use at locations outside the United States, and access to them from territories where their contents are illegal is prohibited. If you access this Web site outside the United States, you are responsible for compliance with all local laws. You may not use or export the Content in violation of United States export laws and regulations. These terms and conditions, and matters relating to the Content hereof, shall be governed by the laws of The State of Tennessee, without giving effect to its conflict of laws provisions. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.

15.    TRADEMARKS.
“Xciter” Logo, “Accusense Charge”, and “Xcel” Logo are all trademarks or service marks of DPI. All rights are reserved.  These and other graphics, logos or trademarks of DPI may not be used without the express prior written consent of DPI.

16.    FORCE MAJEURE.
DPI shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond DPI’s reasonable control.

17.    SEVERABILITY.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. DPI’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.