divi LLC Website Terms of Use

Last updated: November 1, 2021

Please read these Terms of Use carefully before using the divi website as it contains important information regarding your legal rights and remedies.

  1. Introduction

This constitutes a legal Agreement between divi LLC, (“divi”, “We”, “Us” or “Our”) and You.  Please read it carefully.  These Terms of Use describe the terms on which you are permitted to use the divi website (Website), as defined below.  These Terms of Use may change from time to time. By using the Website you agree and are bound to the Agreement Terms.

  1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Use:

    • Country refers to: Colorado, United States
    • Company (referred to as either “divi”, “We”, “Us” or “Our” in this Agreement) refers to divi LLC, Fort Collins, CO 80525.
    • Service refers to the Website.
    • Terms of Use (also referred as “Terms”) mean these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service.
    • Website refers to divi LLC, accessible from https://www.divipower.com
    • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
  1. General Rules of Conduct

These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

If You agree with the Agreement then you are hereby granted a nonexclusive, limited, non-transferable, freely revocable license to use the Website for your personal, noncommercial use only and as permitted by the features of the Website.  In turn, You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Website in any medium, (b) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website, (c) uploading invalid data, viruses, worms, or other software agents through the Website, (d) collecting or harvesting any personally identifiable information from the Website; (e) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (f) interfering with the proper working of the Website.

  1. Our Privacy Policy

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Any personal data collected by divi will be used in accordance with the divi Privacy Policy.

  1. Our Intellectual Property

Except for User Content (defined below), all of the content on our Service – including text, software, scripts, code, designs, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content (“Content”) – is owned by divi or others we license Content from, and is protected by copyright, trademark, patent, and other laws.  Divi reserves all rights not expressly described in these Terms.

    • All trademarks, service marks and trade names (e.g. the divi name) are owned and/or licensed by divi. You do not acquire a license or any ownership to any trademarks, service marks, or trade names through your access or use of the Service or Content.
    • You agree not to change or delete any ownership notices from materials downloaded or printed from the Service.
    • To the extent divi approves the download or use of Content composed of copyrights or copyrightable works, divi grants you a limited, personal, non-transferable, non-sub licensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as divi makes such Content generally available to the public. You do no acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use.   Divi reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason.  Divi reserves the right to take down any content in violation of these terms or divi’s intellectual property rights.  Divi allowing you this limited use does not constitutes a waiver of any of divi’s rights to the Content.
    • Outside of the specific usage rights granted to you by divi in connection with the Service, You agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content without divi’s prior written consent. Unauthorized use of the Content may constitute a breach of copyrights, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
  1. Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.

Upon termination, Your right to use the Service will cease immediately.

  1. Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms of Use and privacy policies of any third-party websites or services that You visit.

  1. Warranty Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

  1. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use this Website, even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

  1. Indemnity

You agree to defend, indemnify and hold harmless Company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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 use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; or (v) your willful misconduct.

  1. Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

  1. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

  1. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

  1. Disputes, Binding Individual Arbitration and Waiver of Class Actions and Class Arbitrations

a. Disputes Resolution

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting the Company at info@divipower.com.  In the unlikely event Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, by binding arbitration in Larimer County, Colorado, USA.

b. Class Action/Jury Trial Waiver

With respect to all persons and entities, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

  1. Integration, Severability and Waiver

These Terms and all other legal notices, statements or terms of Use posted or made available to you on the Services constitute the entire agreement between divi and You.  If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

  1. Changes to These Terms of Use

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

  1. Contact Information

If you have any questions about these Terms of Use, You can contact us:

By email: info@divipower.com