Beyond Power LLC Terms of Use

INTRODUCTION

These are the terms of use ("Terms") for the web site ("Site") of Beyond Power and its parents, subsidiaries and affiliates ("Beyond Power ").The Site is comprised of various documents and web pages created and maintained by Beyond Power. It is provided to help educate you, our customers, about our products and services and to help you manage your Beyond Power account, whether enrolling as a new customer, paying an invoice on-line, renewing your agreement or conducting other business with Beyond Power (collectively "Services"). The Site and the Services are offered to you conditioned upon your acceptance of the Terms, without modification, and your use of the Site constitutes your express agreement to all such Terms. If you do not agree to these Terms please discontinue using this site immediately.

Beyond Power may revise and update these Terms at any time without notice. Please periodically review the Terms posted at this Site. Your continued use of the Site will mean acceptance of those changes.

The terms "Beyond Power", "Company" "we," and "our" are used in this site for purposes of convenience and are intended to refer to Beyond Power and/or its affiliates, subsidiaries or related parties either individually or collectively, as the context may require. These references are not intended to suggest that the various Beyond Power companies referred to are not independent corporate entities having separate corporate identities, management and locations.

COMMUNICATION AND PRIVACY

Beyond Power owns the Site. If you have any questions about it, you may write to:

Beyond Power
5151 San Felipe, Suite 2200
Houston, Texas 77056

We know that many visitors to our site are concerned about the information they may provide and how we may use that information. Our Privacy Policy describes and governs the collection, use, retention and disclosure of information we gather from the Site.

ACCURACY OF INFORMATION

Although Beyond Power makes reasonable efforts to ensure that the information provided through the Site is current and accurate, Beyond Power makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information. All information is provided "as is" without any representation, warranty or condition as to its accuracy or

reliability.

Certain documents and other materials on the Site, including presentations and documents filed by Beyond Power with regulatory authorities of selected jurisdictions and listed and/or linked to the Site, speak only as of the dates on which such documents and materials were filed or otherwise used by Beyond Power. The contents of such documents or materials may become out-of-date; however, Beyond Power makes no commitment and disclaims any duty to update those documents and materials.

INTELLECTUAL PROPERTY

The Site and its contents are protected by copyright, trademark and other proprietary rights of Beyond Power or third parties. Beyond Power names and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of Beyond Power. Except as expressly permitted herein, no portion of this Site or its contents, including trademarks, logos and service marks, may be reproduced, displayed or used in any form, or by any means, without prior written permission from Beyond Power or the applicable third party.

Beyond Power hereby grants a non-exclusive and non-transferable license to view and print documents and web pages located on the Site for non-commercial or educational use within your organization only, subject to the following conditions

a. The material may only be used for non-commercial purposes; b. The copies must retain any copyright or other intellectual property or proprietary notices contained in the original material; c. The products, technology or processes described on the Site may be the subject of other intellectual property rights reserved by Beyond Power or by other third parties. No license is granted with respect to those intellectual property rights; and d. d. Images, tables and drawings on this site are protected by copyright and may not be reproduced or appropriated in any manner without written permission of Beyond Power or their respective owner(s).

The information and content on the Site shall not be used for any other purpose. The documents and web pages on the Site may not be reproduced, republished, retransmitted, sold, modified or exploited in any other way.

No other use of the information is authorized. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of Beyond Power or of any third party. Beyond Power and/or any third party owner of such rights retain all such rights. Beyond Power reserves the right to require you to delete, destroy or otherwise remove any content that is used in a manner that in Beyond Power's sole opinion is contrary or otherwise inappropriate, derogatory or offensive.

You agree that any person to whom the content is provided directly or indirectly through you, will be advised of the terms of this Agreement, and that each such person is bound by these terms. You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the contents of the Site.

USE OF THE SITE

You may use the Site for lawful purposes only. You are prohibited from use on the Site, or transmitting to or through the Site, any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable material, or any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right.

Any information submitted or communicated to Beyond Power through use of the Site or Services that does not include personal information or data about you is non-confidential and non-proprietary and Beyond Power may, without compensation to you, incorporate, distribute or otherwise use such information for any commercial or non-commercial purpose. Beyond Power is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion. Any personal information or data submitted to Beyond Power through use of the Services or Site is governed by the terms of the Privacy Statement.

Beyond Power may provide software for download or use on the Site. Any software provided on the Site is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software. You may not install or use any software that is governed by an end user license agreement unless you first agree to the terms of the end user license agreement.

DISCLAIMER OF LIABILITY

The Site contains general information and may contain errors, omissions and inaccuracies. Beyond Power assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to the Site. The Site content should not be relied upon for any personal, commercial or financial matters and you should consult an appropriate professional of your choosing for advice based on your specific needs and concerns. Beyond Power may make modifications and/or changes to the Site at any time without notice.

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS USED BY YOU STRICTLY AT YOUR SOLE RISK. BEYOND POWER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE. ALL SUCH INFORMATION IS PROVIDED WITHOUT WARRANTY, REPRESENTAION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BEYOND POWER MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THE SITE CONTENT, THE ACCURACY OF THE SITE CONTENT, OR THAT THE SITE CONTENT IS VIRUS-FREE.

THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. BEYOND POWER DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THE SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE. Some jurisdictions may not allow the exclusion of implied warranties, therefore, some of the above exclusions may not apply to you.

BEYOND POWER DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER INFORMATION ACCESSIBLE FROM THE SITE INCLUDING AVAILABLE FROM ANY LINKS.

IN NO EVENT SHALL BEYOND POWER BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS SERVER, SITE OR THE INTERNET GENERALLY.

REFERENCES AND LINKS TO THIRD PARTY SITES

The Site may refer to other individuals, companies, entities, organizations, products or services. Such references do not and shall not imply any endorsement or recommendation by Beyond Power of such individuals, companies, entities or organizations or their products or services. The Site may contain links and other references (collectively the "Links") to other web sites. These Links are supplied to you merely as a convenience and the inclusion of any Link does not imply any approval or endorsement or recommendation of that third party or their related information, products or services or any link contained in a Linked site, or any changes or updates to a Linked site. Beyond Power is providing these Links as a convenience, and the inclusion of any link does not imply endorsement by Beyond Power of the site or any association with its operators.

Links to this Site may also be provided from other sites either known or unknown to Beyond Power. Access to any other web site linked to or from the Site is at your own risk. Beyond Power has not reviewed and is not responsible for the content of any third party sites linked to or from the Site and does not make any representations regarding the content or accuracy of materials on such third party sites.

You accept all risks, losses and damages that result from your use of the forgoing referenced entities, products, services and Links.

ADDITIONAL TERMS

Beyond Power may revise and update these Terms of Use at any time without notice. It is your obligation to review these Terms of Use from time to time to ensure that you agree with such terms, as modified. If you do not agree with such modified terms you are required to stop using the Site.

If any part of this agreement is found to be invalid or unenforceable by a court of competent jurisdiction pursuant to any applicable law then such invalid or unenforceable term will be deemed struck from these Terms. In any event, the remaining provisions in these Terms shall continue in full force and effect.

JURISDICTION AND ARBITRATION

Access to this Site is governed by all applicable federal, state, provincial and local laws, and, in the case of users resident outside of the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and other applicable law.

The laws of the State of Texas shall govern any dispute arising out of the use of this Site or these Terms. You also agree to submit to the exclusive jurisdiction and venue of the courts located Fort Bend County, Texas.

ACCEPTANCE OF TERMS OF USE

Beyond Power maintains the Site to provide you with Services and information about Beyond Power. By using the Site, you agree that you have read, understood and agree to be bound by these Terms. If you do not agree to the Terms, do not use the Site.

This agreement constitutes the entire understanding and agreement between you and Beyond Power with respect to the Site and your use of same.