Packet Power™ WEBSITE TERMS OF USE

This website, www.packetpower.com (the “PACKET POWER Website”), is owned and operated by Packet Power, LLC (referred to as "PACKET POWER” "we," "us" or "our"), a limited liability company organized under the laws of Minnesota. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PACKET POWER WEBSITE. By using this PACKET POWER Website you agree to these terms of use (the “Terms”). If you do not agree to the Terms, please do not use the PACKET POWER Website. We reserve the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check these terms periodically for changes. Your continued use of the PACKET POWER Website following the posting of changes to the Terms will mean you accept those changes.

THE PACKET POWER WEBSITE

The PACKET POWER Website, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the PACKET POWER Website is the property of PACKET POWER or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. PACKET POWER hereby grants you a limited, nonexclusive, non-transferable, personal license to use the PACKET POWER Website for personal or informational purposes only. You may print and/or download and store portions of PACKET POWER Website for personal use only, provided that you retain all copyright and other proprietary notices contained on the PACKET POWER Website. Except as expressly authorized by PACKET POWER in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the PACKET POWER Website for any purpose. All rights not expressly granted herein are reserved to PACKET POWER and/or its licensors.

To use certain features of the PACKET POWER Website or participate in certain activities sponsored by PACKET POWER, we might ask you to register as a customer, user or participant. If so requested, each PACKET POWER Website user must: (1) personally provide true, accurate, current and complete information on the PACKET POWER Website's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, PACKET POWER has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, PACKET POWER may suspend or terminate any and all current or future use of the PACKET POWER Website by that user. A user may receive passwords and account designations upon completing certain PACKET POWER Website registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.

CONTENT SUBMISSIONS

The PACKET POWER Website may include the following interactive services: blogs, chat areas, forums, product reviews and/or other message or communication facilities. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to PACKET POWER or the PACKET POWER Website, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants the royalty-free, perpetual, non-exclusive, world-wide, transferable license to PACKET POWER to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such Content (in whole or part) on the PACKET POWER Website. PACKET POWER has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. PACKET POWER shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. PACKET POWER, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of PACKET POWER Website users and the public.

RULES FOR CONTENT SUBMISSION

We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the PACKET POWER Website any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the PACKET POWER Website to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use this PACKET POWER Website only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from PACKET POWER; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; and (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights. PACKET POWER shall not be liable in any way for any Content.

TERMINATION

PACKET POWER may terminate your use of the PACKET POWER Website for: (1) breach of these Terms; (2) your abuse of PACKET POWER Website resources or attempt to gain unauthorized entry to the PACKET POWER Website; or (3) as required by law, regulation, court or governing agency order. PACKET POWER's termination of any user's access to the PACKET POWER Website may be effected without notice and, on such termination, PACKET POWER may immediately bar any further access to the PACKET POWER Website. PACKET POWER shall not be liable to any user or other third party for any termination of that user's access to the PACKET POWER Website.

LINKS

The PACKET POWER Website may provide links to other websites. PACKET POWER exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.

LIMITED PACKET POWER WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY

EACH USER'S USE OF THE PACKET POWER WEBSITE IS AT HIS OR HER SOLE RISK. THE PACKET POWER WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PACKET POWER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PACKET POWER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE PACKET POWER WEBSITE. IN NO EVENT SHALL PACKET POWER’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OR OTHERWISE EXCEED $10.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TRADEMARK INFORMATION

"PACKET POWER” is a trademark of PACKET POWER. All other marks, names, and logos mentioned on the PACKET POWER Website are the property of PACKET POWER or their respective owners. Your use of the PACKET POWER trademarks and other marks, names and logos set forth on the PACKET POWER Website without prior written consent is strictly prohibited.

COPYRIGHTS

PACKET POWER respects the intellectual property rights of others, and requires that the people who use the PACKET POWER Website do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this PACKET POWER Website in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit PACKET POWER to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:

PacketPower, 
2716 Summer St. NE,
Minneapolis, MN, 55413
1-877-560-8770
steve@packetpower.com

PRIVACY

PACKET POWER agrees to treat your private personally identifiable information in accordance with the terms of our then current privacy policy, which is incorporated herein for all purposes, and which is available for review at http://www.packet-power.com/privacy or by sending an e-mail request to: privacy@packetpower.com

CONFLICT MINERALS

PACKET POWER is aware of the Dodd-Frank Consumer Protection Act, Section 1502 regarding Conflict Minerals.

PACKET POWER is a privately held manufacturer which sources all of its raw components from other suppliers. As such, PACKET POWER does not have reporting obligations to the SEC. We have no direct relationship with any smelter or metal producer. We purchase the majority of our components and supplies from major US-based recognized distributors or manufacturers that have Conflict Free Sourcing Initiative (CFSI) policies in place.

In those instances where we source products from suppliers outside the US, we expect our suppliers to source materials from environmentally and socially responsible supply chains. If it is determined that a supplier is purchasing raw materials which benefit armed groups in the DRC or adjoining countries, we will disqualify that supplier and approve an alternate source.

Please direct inquiries regarding Conflict Minerals to info@packetpower.com 

GENERAL INFORMATION

The Terms constitute the entire agreement between each user and PACKET POWER and govern each user's use of PACKET POWER Website, superseding any prior agreements. The Terms and the relationship between each user and PACKET POWER shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota. This PACKET POWER Website is controlled and operated by PACKET POWER from its offices within the State of Minnesota, United States of America. PACKET POWER makes no representation that materials in the PACKET POWER Website are appropriate or available for use in other locations. Those who choose to access this PACKET POWER Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between PACKET POWER and any user.