Terms of Service

Please read these terms and conditions carefully before using our website or services.

Last Updated: January 1, 2024

1. Acceptance of Terms

By accessing and using the website energytechsystems.art (the "Site") or any services provided by ENERGY TECH SYSTEMS, LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Site or our services.

These Terms constitute a legally binding agreement between you and ENERGY TECH SYSTEMS, LLC regarding your use of the Site and services.

2. Description of Service

ENERGY TECH SYSTEMS, LLC provides building automation and energy efficiency solutions, including but not limited to:

  • Building automation system design and installation
  • Energy audits and efficiency assessments
  • Smart building solutions and IoT integration
  • HVAC control systems
  • Lighting automation
  • Consulting services
  • Maintenance and support services

Our website serves as an informational resource and a means to contact us for service inquiries. We do not sell products directly through this website.

3. Eligibility

By using our Site and services, you represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity to enter into a binding agreement
  • You are not prohibited from using our services under applicable law
  • You will comply with all applicable laws and regulations

If you are using our Site or services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. User Responsibilities

As a user of our Site and services, you agree to:

  • Provide accurate and complete information when submitting forms or inquiries
  • Maintain the confidentiality of any account credentials (if applicable)
  • Notify us promptly of any unauthorized use of your account
  • Use our Site and services only for lawful purposes
  • Comply with all applicable laws and regulations
  • Not interfere with or disrupt the operation of our Site

5. Prohibited Uses

You may not use our Site or services:

  • For any unlawful purpose or in violation of any laws
  • To transmit spam, advertisements, or other unsolicited communications
  • To impersonate any person or entity
  • To distribute viruses, malware, or other harmful code
  • To attempt to gain unauthorized access to our systems
  • To interfere with or disrupt the integrity or performance of our Site
  • To collect information about other users without their consent
  • To engage in any activity that could damage our reputation or business

6. Intellectual Property

6.1 Our Intellectual Property

The Site and its original content, features, and functionality are owned by ENERGY TECH SYSTEMS, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks and trade dress may not be used without our prior written consent.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Site for personal, non-commercial purposes, subject to these Terms.

6.3 User Content

By submitting information through our contact forms, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that information for the purpose of responding to your inquiry and providing our services.

7. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Implied warranties of merchantability
  • Fitness for a particular purpose
  • Non-infringement
  • Accuracy or reliability of content

We do not warrant that:

  • The Site will be uninterrupted or error-free
  • Defects will be corrected
  • The Site is free of viruses or harmful components
  • The results of using the Site will meet your requirements

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENERGY TECH SYSTEMS, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, or other intangible losses
  • Damages resulting from your use or inability to use the Site
  • Damages resulting from unauthorized access to your data
  • Damages resulting from any third-party conduct on the Site

Our total liability for any claim arising from your use of the Site or services shall not exceed the amount you paid us, if any, for access to the Site.

9. Third-Party Services and Links

Our Site may contain links to third-party websites or services that are not owned or controlled by ENERGY TECH SYSTEMS, LLC. We have no control over and assume no responsibility for:

  • The content, privacy policies, or practices of third-party websites
  • Any damage or loss caused by third-party content or services

We encourage you to review the terms and privacy policies of any third-party websites you visit.

10. Indemnification

You agree to indemnify, defend, and hold harmless ENERGY TECH SYSTEMS, LLC and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Site or services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your violation of any applicable laws or regulations

11. Termination

We may terminate or suspend your access to our Site and services immediately, without prior notice or liability, for any reason, including:

  • Violation of these Terms
  • Conduct that we believe is harmful to other users or our business
  • Legal requirements or requests from law enforcement

Upon termination, your right to use the Site will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Dakota, United States, without regard to its conflict of law provisions.

Any disputes arising from these Terms or your use of the Site shall be resolved in the state or federal courts located in Burleigh County, North Dakota, and you consent to personal jurisdiction in those courts.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will 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 Site after those revisions become effective, you agree to be bound by the revised terms.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and ENERGY TECH SYSTEMS, LLC regarding your use of the Site and services.

16. Contact Information

If you have any questions about these Terms, please contact us:

ENERGY TECH SYSTEMS, LLC
1422 E Broadway Ave
Bismarck, ND 58501
United States

Phone: +1 (531) 313-1343
Email: contact@energytechsystems.art