TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT Info@ouscapital.com . 

This Agreement is between you, the licensee of Energy Savings as a Service business platform (business process, marketing and training) and the licensor, Onsite Utility Services Capital, LLC (“OUS Capital” or the “Company”), for the use of all, or part of the Company’s products and/or services and/or software and/or the Company’s Internet web site (collectively, “the Services”). This Agreement sets forth the terms and conditions governing your use of this business platform including forms, training, marketing, funders and business processes, currently located at www.OUSCapital.com/EPOsalespolicy or the authorized licensor site (this “Site”), and your use of the Services, and is in addition to any executed and delivered agreements by and between you and the Company (“Other Agreements”). To the extent any conflict should exist between any of the specific terms or provisions of any Other Agreements and these Terms of Use, the terms and provisions of such Other Agreements shall be controlling unless stated otherwise therein. This Agreement also incorporates by reference any other terms relevant to this Site, including the Company’s Privacy Policy and Sales Policy. 

The Content on this Site 
The Company is providing the links and information on this Site as a convenience to you and is not responsible for the accuracy or content of any such information or linked web sites. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any external site, and that your reliance upon information contained on this Site or on the linking to or content of any external site is at your own risk. The Company explicitly disclaims any responsibility for the accuracy, content or availability of information found on any sites that link to or from this Site. 

The Company, in its sole discretion, may add, delete or change some or all of the features of this Site at any time with or without notice. The Company also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Sales Policy
Employees, agents, sub-agents, marketers, administrators, affiliates, clients and trading partners (Stake Holders) using OUS Capital’s ESaaS business platform to sell Energy Service Projects or ESaaS projects are governed by the Company’s Sales Policy.

Intellectual Property 
The materials, videos, data and other information, including all trademarks, service marks, and trade names, used or displayed on this Site (“Intellectual Property), are the property of the Company or the licensors of such Intellectual Property and are protected by applicable copyright, trademark and other laws. This Agreement does not grant you any rights in connection with any current or future Intellectual Property owned by the Company or such licensors. 

OUS Capital will enforce its intellectual property rights to the fullest extent of the law. The name of OUS Capital or the OUS Capital logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this web site, without prior written permission. OUS Capital prohibits use of the logo as an electronic link to any OUS Capital site unless establishment of such a link is approved in advanced by OUS Capital in writing. 

Use of Software and Data
Any software or code downloaded by you from this web site, including, without limitation, any files, images incorporated in or generated by the software, code and data accompanying the software (collectively, the “Software”) is licensed to you under terms of OUS Capital’s standard end-user license agreement or the specific Terms of Use (whether supplied by OUS or a third party) applicable to any of the Materials (the “License Agreement”). Your rights to use the Software are expressly limited to the terms set forth in the License Agreement or Terms of Use. Access to or downloading of the Software, forms, files, ESaaS business platform does not in any way transfer title to the Software, or any intellectual property rights contained therein, to you. 

System Integrity 
You may not use any device, software or routine to interfere or attempt to interfere with the proper operation of this Site or with any transaction conducted on this Site. You may not take any action that imposes or places an unreasonable or disproportionately large load on the Company’s infrastructure. You may not disclose or share your password with any third party or use your password for any unauthorized purpose, and you are fully responsible for all activities that occur under your password or account. You agree to notify the Company immediately of any unauthorized use of your password or account or any other security breach. 

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor, deep link with, or copy the Company’s web pages or the content contained herein without the Company’s prior written consent. 

No Warranty 
THE SERVICES AND THE INFORMATION, PRODUCTS AND MATERIALS CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, GRAPHICS, AND LINKS, ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES AND ANY SUCH INFORMATION, PRODUCTS, OR MATERIALS, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 
THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE USE OF, OR ACCESS TO, THE SITE OR THE SERVICES. OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS, INCLUDING BUT NOT LIMITED TO TELECOMMUNICATIONS NETWORK DISRUPTIONS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION ON, OR ACCESSIBLE VIA, THIS SITE OR THE RESULTS OF YOUR USE OF THIS SITE. 

Limitation of Liability 
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE, THE INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES AND/OR PROVISION OF ANY INFORMATION, PRODUCTS, MATERIALS OR LINKS AVAILABLE ON, OR ACCESSIBLE VIA, THIS SITE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. 

U.S Government Restricted Rights
The Materials on this web site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations, including, but not limited to, the restrictions provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

Indemnity 
You agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 

Termination 
The Company reserves the right to terminate your access to this Site for any reason or for no reason. You agree that any termination of your access to this Site may occur without prior notice to you. You also agree that the Company will not be liable to you or any other party for any such termination. 

General Compliance with Laws 
You shall comply with all applicable laws, statutes, ordinances, and regulations regarding your use of this Site. 

Notices 
Any notices you provide under this Agreement to the Company shall be made via e-mail addressed to: termsofuse@OUSCapital.com. Notices to you from the Company may be made via either email or regular mail. The Company may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site. 

Applicable Law 
This Site is controlled by the Company from its offices within the State of Wisconsin, USA. The laws applicable to the interpretation of these Terms of Use and to any dispute of any sort that may arise between you and the Company shall be the laws of the State of Wisconsin, USA, and applicable federal law, without regard to any conflict of law provisions. If any provision of this Agreement is held to be invalid or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement will not be affected thereby, and such provision will be carried out as nearly as possible according to its original terms and intent to eliminate such invalidity or unenforceability. 

The Company makes no representation that the content on this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. 

By using this Site, you agree to the submission of any dispute arising out of or relating to this Agreement or the Company’s services to the state and federal courts of the State of Wisconsin, USA. 

General Information 
The Company may amend these Terms of Use at any time by posting the amended terms on this Site. This Agreement may not be otherwise amended except in writing signed by you and the Company. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

In addition to these Terms of Use, you also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. 

This Agreement was last revised on November 7, 2018.