A UEP no cost analysis provides you the information you need to reduce or eliminate your electric bill, or produce a clean energy product.
UEP provides you cost, production, incentives and comparison information you need to decide to take the next step in installing a clean energy solution.
If now is not the right time. UEP provides you periodic analysis updates as changes occur that affect your potential installation.
1. Enter property information in your SECURE account (only contact and address is required, the rest is optional)
2. Review your property’s evaluation and provide feedback at your convenience
3. When the analysis meets your installation requirements, review Installer proposals
CleanEnergy@UniversalEnergyParks.com
Universal Energy Parks
201 Spear St. Suite 1100
San Francisco, CA 94105-6164
Phone: 415-589-7289
1. Our Commitment to Privacy
Your privacy is important to us. To better protect your privacy wemaintain this policy explaining how we collect, use, and share certain "Personal Information? we receive from you and the choices you can make about the way your Personal Information is collected and used. ("Personal Information? is described and defined in Section 2 below.) To make this notice easy to find, we make it available on our "About UEP? subpage and at every point where personal information may be requested.
Universal Energy Parks, Inc. ("UEP? and "the Company?) helps users ("you? and "Customers?) explore options for cost savings and clean energy production on your farm or commercial property. These options include solar power, wind power, and hydropower.
When Customers use our service, wecreate, organize, store and manage information about clean energy options and provide users access to a number of resources. These resources include the Company Internet website (the "Site?), physical products,and computer programs hosted by or on behalf of Universal Energy Parks services (collectively,"UEP Services? and "Services"). We are committed to maintaining the privacy and security of the Personal Information about our Customers and other Users (as defined below) and our Customers’ property.
This Privacy Policy ("Policy") explains how we protect Personal Information that we collect in connection with your use of the Services and how we use and in some cases disclose that information. The Policy is an integral partof our Terms of Service, and is incorporated by reference in the Terms of Service.If you do not agree to the terms of the Terms of Service and this Policy, please discontinue use of this Site and the Services and do not provide us with any Personal Information.
This Privacy Policy governs your access to and use ofour Services. By using the Services, you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. This Privacy Policy may be updated from time to time. We may notify you of any material changes by posting the new Privacy Policy on the Site. However, it is your responsibility to review this Privacy Policy regularly for any changes.Continued use of the Services indicates your continued assent to the Terms of Use and Policy as amended at that time.
As used in this Policy, the terms "using? and "processing? information include using cookies on a computer, subjecting the information collected under this Policy to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within the United States or internationally, whether within our organization or to other parties, as permitted by and consistent with this Policy.
2. The Information We Collect
Our primary goals in collecting information are to enable our Customers to easily use our Services and to enable us to deliver and administer your use of the Services.
Information and files that you add to the Service are stored in your User Account.
3. Log Data
When you use our Services, whether as a Customer or a non-registered user just browsing (any of these, a "User?), our servers automatically record information that your browser sends whenever you visit a website ("Log Data?). This Log Data may include information such as your mobile phone number, computer’s or other device’s Internet Protocol ("IP?) address, global unique ID (GUID), browser type, domain name, operating system or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, access times and dates, and other statistics. We aggregate, analyze, evaluate, and otherwise use this Log Data to monitor and analyze use of the Services and for technical administration, to increase functionality and user-friendliness, and to better tailor the Service to our Users’ needs.
4. Cookies
Like many websites, we use "cookies? to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Services. Second, we utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by Users and web traffic routing on the Services. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Services and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.
5. Use and Sharing of Information
We use information we collect fromyou to provide you with our Service, process your orders, provide educational information, provide reminders to review your information to make sure it is up-to-date, inform you of related Service offerings and facilitate your transactions with our third-party service providersand marketing partners.We perform internal market research, project planning, troubleshooting problems, as well as to detect and protect against error, fraud or other criminal activity. In addition, we use this information to respond to your inquiries and send you personalized emails or secure electronic messages pertaining to your Service interests including announcements, news, reminders and opportunities. We also provide you with updates to Services. We use non-identifying and aggregate information to better design our website and share with advertisers.
At times the Company may make certain Personal Information available to strategic partners that work with our Services to facilitate your transactions with our third-party service providers and marketing partners. In such cases, your account with such third party will be subject to that third party's privacy policy and your User Account will continue to be governed by this Policy.
The Company may also share your Personal Information with companies who provide services for the installation of solar power, wind power, or hydropower to explore options for energy production on your farm or commercial property. The Company may also provide non-identifying aggregate data comprised of individual Customers’ Personal Information for the purpose of technical administration, to increase functionality and user-friendliness of the Site, to better tailor the Service to our Users’ needs, and customer research. Finally, the Company uses a third party hosting service to host Customers’ Personal Information. These companies are obligated to protect your information and are not authorized to use the information we share with them for any other purpose than that specified.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users or if we are required to do so by any applicable law, rule, regulation, subpoena or other judicial, administrative, or other legal process. Additionally, in the event of a reorganization, merger, or sale (including any sale in connection with court-supervised proceedings) we may transfer any and all Personal Information we collect to the relevant third party.
Except for, as noted as above, the Company does not sell, rent or lease its customer lists or other Personal Information to third parties.
6. Our Commitment to Data Security
To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, we have put in place appropriate physical, technical, and administrativesecurity controls and procedures to safeguard and secure the information we collect through a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your data and to protect Company accounts and systems from unauthorized access.
When you register for the Service, we require a password from you for your privacy and security. This password is stored in an encrypted fashion on our systems.
It is important to understand these precautions apply only to our Services. We have no control and disclaim any responsibility over information you store, maintain or share with third partiesoutside our systems.
7. Your Ability to Access and Change Information
You may access, correct, or update the information UEP maintains about you. You can change this information by logging into and accessing your account on the Site and then by correcting or updating the information stored there.
8. How to Contact Us
Should you have any questions or concerns about these privacy policies, or require assistance in order to change information we have about you, please send us an email at CleanEnergy@UniversalEnergyParks.com.
This Policy was last updated November 6, 2014.
Thank you for usingthe Universal Energy Parks, Inc.online service (the "Service?). By using our Services, you ("you? or "Customer?) are agreeing to these Terms of Service ("TOS" or the "Agreement?) on behalf of yourself the legal property owner – or if you are not the legal owner, have been granted the right by the legal property owner to act as the owner’s agent to represent him or her – with any property information you provide and to enter into this Agreement on the owner’s behalf. Please read these Terms of Service and our Privacy Policy, which is incorporated by reference into the TOS, as they govern your access to our Services and constitute a binding legal agreement between you and Universal Energy Parks ("UEP? or the "Company?).If you do not agree to the TOS you are not authorized to use the Services.You acknowledge that this Agreement is as enforceable to the same extent as any written agreement on paper signed by you.
1. Acceptance of Terms
The Company may, from time to time, make changes to this Agreement by posting a new Agreement to its website. Your continued use of the Site or Service after posting of the new Agreement constitutes your acceptance of the changes to the Agreement. If you do not agree to changes to the Agreement, you must cancel your registration and discontinue use of the Service and Site.
2. Description of Service
OurServicehelpsour customers create, organize, store, share and manage information and provideaccess to a number of on-line resources, the Company Internet website (the "Site?), and physical products and computer programs hosted by or on behalf of UEP. Unless explicitly stated otherwise, any new products or features that enhance or augment the current UEPService shall be subject to this Agreement.
The Company grants you a limited, personal, non-exclusive, non-transferable, and non-sublicensable license to use our Service. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service or content the Company provides in the Service in any manner. You may modify information you supply for use in our Service. By using our Service, you agree that the Service may only be used by you for your own use and may not be sold or redistributed without the express written consent of the Company.You also agree that the Agreement is binding on your heirs, beneficiaries,agents, and representatives.
The Site, Service,and other includedservices provided by the Companyare owned or licensed to and operated by UEP. All right, title and interest in and to the Service, the materials provided in connection with the Service, and all intellectual property rights in any of them, including but not limited to information, documents, logos, graphics and images are owned either by UEP or by our respective third party developers, licensors or vendors. Except as otherwise expressly provided by the Company, none of these materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, performed, transmitted or distributed in any way and nothing in the Service shall be construed to confer any license under any of the Company’s intellectual property rights, whether by estoppel, implication or otherwise.
The Servicegenerates a customized clean energy analysis and installation proposal. The Company strives to keep its Serviceaccurate, current and up-to-date. Because federal and state laws change rapidly, the Company cannot guarantee that all of the information in the Service is completely current. The information in the Service should not be construed as providing legal, insurance, accounting or tax advice or professional services to any individual or group of individuals. Rather, the material provided to you by the Service is intended solely as a useful source providing information about the potential for clean energy installation. It may serve as a reference guide when you speak with accountants, tax or financial advisors, attorneys or other professionals who can give personalized advice tailored to your particular situation or answer your specific questions. If you need professional services of any kind, please seek the assistance of a competent professional.
In order to use the Service, you must obtain access to the Internet directly or through devices that access mobile or web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer, modem or other access device, mobile device and/orsmart phone.
3. Your Account Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself, your property or the property of the owner you represent as agent, as prompted by the Service’s registration forms (such information being the "Account Information?) and (b) maintain and promptly update the Account Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof).
4. Company Privacy Policy
UEP is committed to maintaining the privacy of customers’ personal information, including information concerning their property. UEP protects the privacy of its customers, as set forth in its Privacy Policy, linked here: www.UniversalEnergyParks.com/PrivacyPolicy. The UEP Privacy Policy is incorporated by reference in this Agreement as if fully set forth.
5.Member Account, Password and Security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, in connection with the Service or your use of them, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this section, or Section 6("Member Conduct?).
6. Member Conduct. You agree to not use the Service to impersonate any person or entity. You are legally responsible for any user content such as writings, files, pictures or any other work that youupload to your account ("User Content?). In submitting User Content to UEP or the Site, you agree that you will not submit any User Content:
You hereby grant UEP a royalty-free, worldwide, non-exclusive irrevocable license to reproduce, distribute, and publicly perform and display the User Content you provide in connection with your use of the Site or Service, and to make derivative works and compilations of such User Content for purposes of displaying it as part of the Site or delivering the Service.
7. Compliance with Intellectual Property Laws
You acknowledge and agree that the Site and Service is protected by applicable intellectual property and other laws.
When submitting information to the Site or UEP, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload to the Site or transmit to UEP any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your User Account.
8. Inappropriate Content
You further agree to not provide User Content or engage in conduct on the Site or with the Services constituting a breach of, or threat to, the security of the Site or Services, including but not limited to any electronic information containing software designed to damage or disrupt a system, such as a virus, worm or Trojan Horse. The Company will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
9. Links
The Service may provide links to other Internet sites, applications or resources.
Because the Company has no control over such sites and resources, you acknowledge and agree that the Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content on external sites or resources, advertising, products or other materials on or available from such sites or resources. 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Copyrights
All Site design, text, graphics, the selection and arrangement thereof, CopyrightUniversal Energy Parks, Inc.. ALL RIGHTS RESERVED.
13. Trademarks
Universal Energy Parks, Inc. product names, service names, business names,application names, all logos and slogans are service marks, trademarks and/or trade names of the Company. All other service marks, trademarks, product names and company names or logos cited herein are the property of their respective owners.
14. Children
s Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal, property or any other information to us. Please see our Privacy Policy: www.UniversalEnergyParks.com/PrivacyPolicy
15. Termination
You agree that the Company, in its sole discretion, may terminate your password, User Account (or any part thereof) or use of the Services, and remove and discard any User Content within the Services, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The Company may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that the Company may terminateyour access to the Services under any provision of this TOS without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your User Account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Service.
16. Dispute Resolution by Binding Arbitration
A. Arbitration.Company and Customer agree that any and all controversies,claims or disputes with anyone (including the Company, its vendors, its licensors, and any of theirrespective independent contractors, agents, employees, officers, directors, or shareholders in its capacity or otherwise) arising out of, relating to, or resulting from the Company’s performanceor alleged nonperformance of the Services under this Agreement or the termination of this Agreement, including any breach of this Agreement, shall be submitted to and resolved by bindingarbitration pursuant the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules?) of the American Arbitration Association, as modified by these Terms and will be administered by AAA. CUSTOMER AGREES TO ARBITRATE, AND THEREBY AGREES TO WAIVE ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ALL DISPUTES ARISING FROM OR RELATED TO THIS AGREEMENT. Customer understands that this Agreement to arbitrate also applies to any disputes that the Company may have with Customer.
B. Procedure. Customer agrees that any arbitration will be administered by the American Arbitration Association, and that a single neutral arbitrator will be selected in a manner consistent with AAA Rules. Customer agrees that the arbitrator will have the power to decide any motions brought by any party to the arbitration, including discovery motions, motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. Customer agrees that the arbitrator will issue a written decision on the merits. Customer also agrees that the arbitrator will have the power to award any remedies, including attorneys’ fees and costs, available under applicable law. Customer and Company will share equally the cost of any administrative or hearing fees charged by the arbitrator or AAA.Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Customer must bring any claim, action, or proceeding against UEP no later than two (2) years after the claim or cause of action arose.
To the maximum extent permitted by applicable law, arbitration will take place on an individual basis, no arbitration or claim under this Agreement by any customer of UEP shall be joined with any other arbitration or claim, including that of another customer, and no class arbitration proceedings shall occur. Customer waives any rights to class arbitration.
C. Remedy. Except as provided by the Rules, arbitration will be the sole, exclusive and final remedy for any dispute between Company and Customer. Accordingly, except as provided for by the Rules, neither Company nor Customer will be permitted to pursue court action regarding claims that are subject to arbitration. Notwithstanding the foregoing, the arbitrator will not have the authority to disregard or refuse to enforce any lawful Company policy, and the arbitrator shall not order or require the Company to adopt a policy not otherwise required by law which the Company has not adopted.
The Parties agree that any arbitration will be held in the County of San Francisco, California. The language of arbitration will be English.
If any action, suit, or proceeding is instituted to enforce this Agreement or any of its terms, the prevailing party shall be entitled to recover its costs (whether taxable as such or not), expenses, and reasonable attorneys’ fees.
D. Exceptions. Notwithstanding the foregoing terms in this section 16, nothing shall be deemed to preclude the Company from filing suit and/or seeking injunctive relief for any breach of other sections of this Agreement or for any infringement of any intellectual property, content, copyright and trademark rights of the Company.
17. No Warranty
THE SERVICE (INCLUDING THE UEP SERVICES) THE SITE, PRODUCTS ("PRODUCTS?), THIRD-PARTY SERVICES AND ALL MATERIALS,DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SERVICE SITE AREPROVIDED ON AN "AS IS? AND "AS AVAILABLE? BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES,PRODUCTS, OR MATERIALS AVAILABLE ON THEM ("MATERIALS?) WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES, PRODUCTS,OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES,PRODUCTS,OR MATERIALS WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY SITE, SERVICES, PRODUCTS,MATERIAL, OR OTHER INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SERVICE, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE, SERVICES,OR PRODUCTS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, PHONE OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, PRODUCTS, MATERIALS,INFORMATION OR SOFTWAREOR FROM ANY SECURITY BREACH ARISING OUT OF THE LOSS OR COMPROMISE OF YOUR COMPUTER SYSTEM, PHONE OR OTHER DEVICE OR ARISING OUT OF A SECURITY BREACH INVOLVING INTERNET SERVICES NOT PROVIDED BY THE COMPANY. THE COMPANY IS NOT RESPONSIBLE FOR ANY ADVERSE EFFECTS OR CONSEQUENCES RESULTING FROM THE USE OF ITS SITE, SERVICES, PRODUCTS, APPS OR MATERIALS.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT PROVIDING LEGAL, FINANCIAL OR TAX ADVICE. IF YOU REQUIRE SUCH ADVICE, YOU ARE SOLELY RESPONSIBLE FOR OBTAINING IT FROM A COMPETENT PROFESSIONAL.
18. Disclaimer Regarding Applicable Law
THIS AGREEMENT AND THE SERVICES ARE SUBJECT TO APPLICABLE LAW. YOU SHALL NOT USE THE SITE, SERVICES,PRODUCTS, APPS, OR MATERIALS TO THE EXTENT THEY ARE PROHIBITED BY APPLICABLE LAW. THE COMPANY MAKES NO WARRANTY THAT ANY DOCUMENTS YOU UPLOAD TO THE SERVICE OR GENERATE THROUGH THE SITE, SERVICES, PRODUCTS, OR APPS COMPLY WITH APPLICABLE LAW OR HAVE ANY PARTICULAR LEGAL EFFECT UNDER APPLICABLE LAW. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT SUCH DOCUMENTS HAVE THE LEGAL EFFECT YOU DESIRE UNDER APPLICABLE LAW. IF YOU ARE UNCERTAIN OF THE DOCUMENTS’ LEGAL EFFECT, YOU ARE RESPONSIBLE FOR SEEKING THE ASSISTANCE OF COMPETENT LEGAL COUNSEL.
19. Limitation of Liability
UNDER NO CIRCUMSTANCES, WILL COMPANYOR ITS OFFICERS, DIRECTORS, MANAGING MEMBERS, MEMBERS, INDEPENDENT CONTRACTORS, VENDORS, LICENSORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER THEY ARISE, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE, STATUTE, OR OTHER TORTIOUS ACTION, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS, OR SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE LIABILITY OF COMPANYOR ITS OFFICERS, DIRECTORS, MANAGING MEMBERS, MEMBERS, INDEPENDENT CONTRACTORS, VENDORS, LICENSORS, EMPLOYEES, OR AGENTS FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF OR RELATING TO, IN WHOLE OR IN PART, THIS AGREEMENT, THE SERVICE, OR THE SITE, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, OR OTHERWISE, EXCEED THE SUM OF $2500.
20. Indemnity
You will indemnify and hold harmless Company and its managing members, members, independent contractors, employees, and agents harmless against all claims, demands, suits, losses, damages, liabilities, costs, actions, judgments, and expenses (including reasonable attorneys’ fees) arising from or in connection with:
21. Governing Law; Dispute Resolution
By using this Site, Services, Products or any Apps, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of California exclusive of its conflicts-of-laws principles. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Services is governed by Section 16.
22. Notices
All notices and communications required or permitted under this Agreement will be in writing and sent to the following addresses:
If to Company:Universal Energy Parks, Inc., 201 Spear Street, Suite 1100, San Francisco, California 94105
If to Customer: the address of record in the Customer’s User Account.
23. Force Majeure
In the event that Company is prevented from performing or is unable to perform any of its obligations under this Agreement (other than a payment obligation) due to any act of God, fire, casualty, flood, tsunami, earthquake, war, terrorism, strike, lockout, epidemic, destruction of production facilities, riot, insurrection, material unavailability, unavailability of Internet or other telecommunications services, or any other cause beyond the reasonable control of the Company, the Company shall give prompt written notice to the Customer, its performance shall be excused during, and the time for the performance shall be extended for, the period of delay or inability to perform due to such occurrences.
24. Miscellaneous
This Agreement constitutes the entire agreement and understanding between the parties and supersedes all prior agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by you and an authorized representative of Company. The unenforceability of any provision or provisions of this Agreement shall not render unenforceable or impair its remainder. If any provision of this Agreement is deemed invalid or unenforceable in whole or in part, this Agreement shall be deemed amended to delete or modify, as necessary, the invalid or unenforceable provision to render it valid, enforceable, and, insofar as possible, consistent with the original intent of the parties. The headings in this Agreement are solely for the convenience of reference and shall not be given any effect in the construction or interpretation of this Agreement. The failure of a party at any time to require performance of any obligation of the other party shall not affect its right to enforce any provision of this Agreement at a later time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. Company may assign this Agreement to any successor in interest. You may not assign this Agreement or delegate the duties under this Agreement without the Company’s advance written consent. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of Company, and its successors and assigns, and you and your heirs, representatives, successors, and assigns.
25. Acknowledgement
BY USING COMPANY’S SERVICES OR ACCESSING THE COMPANY SITE, SERVICES, PRODUCTS OR APPS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.