These Terms of Use apply to the website of Eternalplanet Energy Co., Ltd. (collectively, “Eternalplanet”, “we”, “us”, or “our”) (http://www.eternalplanetenergy.com). Eternalplanet hereby reminds you to read and fully understand the terms of this section. By accessing and using this website, you acknowledge that you accept the following terms, especially limitation of liabilities, indemnity and breach of these terms of use. In the event that you do not understand or accept any of the terms herein, please discontinue your use of this website.1

1. Website Content

All statements, information, diagrams, trademarks, service marks, logos, trade names or other content contained or referenced in the website or in any communications we send you (hereinafter referred as to “Content”) are legally owned, controlled to be used by Eternalplanet and protected by copyright laws throughout the world. Subject to these Terms, we grant you a limited license to reproduce portions of the Content for the sole purpose of reviewing the Content as an applicant for employment, a current or potential customer, current or potential business partner, current authorized installer or distributor of Eternalplanet products, or current or potential investor of Eternalplanet. Eternalplanet and its licensors reserve all rights not granted in these Terms.

The trademarks, service marks and logos ("Marks") displayed on this website are the property of Eternalplanet or the property of other third parties. You are expressly prohibited from using these Marks for any purpose, including use as metatags on other pages or websites, without our prior written consent or the consent of the third party that owns that Mark.

2. Your Account

You may need to create an account with Eternalplanet by registering on the website to access certain functions or service. When you sign up for an account, you may be asked to choose a user name and password. You accept full responsibility for maintaining the confidentiality of your account information, including your password. You agree to notify us immediately if you suspect any unauthorized use that occurs on or against your account. If your failure to maintain the confidentiality of your account information leads to your account being used by others, which further leads to damages to Eternalplanet or other visitors to this website, you may be held liable for said damages. You are solely responsible for any and all use of your account.

You shall not use other people’s Eternalplanet account at any time without the express permission of the account holder. If your failure to comply with this clause leads to personal damage or loss to yourself or others, Eternalplanet will not assume responsibility for said losses.

3. Descriptions and Specifications of Products and Service

TThe descriptions and specifications of Products and Service on this website are subject to change at any time, whether or not reflected in such descriptions or specifications. You agree that descriptions and specifications of Products and Service on this website do not create any obligations or liabilities for Eternalplanet. We may modify, suspend or discontinue any or all of this website and/or Products or Service at any time, for any or no reason, in our sole discretion.

4. Disclaimers

Eternalplanet does not guarantee the availability, continuity, and accessibility of this website, its content, or its service. This website and its content are provided on an "as is" and "as available" basis. There are no warranties, express, implied or statutory, including warranties of merchantability, quality, fitness for a particular purpose, title, non-infringement of Intellectual Property Rights, accuracy, system integration, timeliness or satisfactory quality regarding its products in these Terms. We do not warrant that use of this website or Service will be uninterrupted or error-free, that defects in this website, Content or Service will be corrected, that our website, Service, or Content are free of viruses or other harmful components, or that our Content will be accurate, reliable, complete or current. We make no warranty that our website, Service, or Content will meet your requirements or expectations. You will be solely responsible for any damage to your computer system or network or loss of data that may result in the download or upload of any Content.

5. Limitation of Liability

You agree that, except where forbidden by law, under all circumstances, Eternalplanet has no liability for indirect, derivative, incidental, exemplary, punitive or consequential damages with respect to these Terms or this website, Content, and Service provided hereunder even if we are already aware of the potential risks. We shall not be liable for any damages resulting from your access to or use of, or inability to access or use, this website, Content, or Service, or from your reliance on this website, Content, or Service. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

6. Indemnity

You agree to indemnify Eternalplanet, its affiliates, directors, employees, agents, partners and other licensed persons, harmless from and against any and all loss, cost (including lawyer’s fees), liability, damage, and expense arising from or relating to any claim or demand made by any third party (including other licensed persons) arising out of or related to (i) your usage of this website, Service, or Content, your violation of these Terms, or your violation of any rights of any third party or (ii) Your Content.

7. Jurisdiction

These Terms and any action related to these Terms shall be subject to the laws of the United States of America, without giving effect to any conflicts of laws principles that would require the application of the law of a different state or jurisdiction.

8. Miscellaneous

These Terms constitute the full agreement between yourself and Eternalplanet with regard to your usage of this website, and they replace any and all prior written or oral agreements between yourself and Eternalplanet with regard to usage of this website. If Eternalplanet fails to uphold or demand the strict execution of these Terms, this should not be deemed as a waiver on the part of Eternalplanet of any rights pertaining to the execution of these Terms, or the Terms themselves. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. As used in these Terms, the word "including" means "including but not limited to." Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign the Terms without restriction.

Updated: September 2022