Last updated: January 09, 2023

Please read these terms and conditions carefully before using Our Service.

The words of which the initial letter is capitalized have meanings  defined under the following conditions. The following definitions shall  have the same meaning regardless of whether they appear in singular or  in plural.

For the purposes of these Terms and Conditions:

• Affiliate means an entity that controls, is  controlled by or is under common control with a party, where "control"  means ownership of 50% or more of the shares, equity interest or other  securities entitled to vote for election of directors or other managing  authority.
   
• Account means a unique account created for You to access our Service or parts of our Service.
   
• Country refers to:  United States
   
• Company (referred to as either "the Company", "We",  "Us" or "Our" in this Agreement) refers to Solgevity Power,  LLC, 1718 Capitol Ave Ste 100 Cheyenne Wyoming 82001.
   
• Content refers to content such as text, images, or  other information that can be posted, uploaded, linked to or otherwise  made available by You, regardless of the form of that content.
   
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
   
• Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
   
• Goods refer to the items offered for sale on the Service.
   
• Orders mean a request by You to purchase Goods from Us.
   
• Promotions refer to contests, sweepstakes or other promotions offered through the Service.
   
• Service refers to the Website.
   
• Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
   
• Terms and Conditions (also referred as "Terms") mean  these Terms and Conditions that form the entire agreement between You  and the Company regarding the use of the Service.
   
• Third-party Social Media Service means any services  or content (including data, information, products or services) provided  by a third-party that may be displayed, included or made available by  the Service.
   
• Website refers to StackRack Battery Systems, accessible from www.solgevitypower.com
   
• You means the individual accessing or using the  Service, or the company, or other legal entity on behalf of which such  individual is accessing or using the Service, as applicable.
   

These are the Terms and Conditions governing the use of this Service  and the agreement that operates between You and the Company. These Terms  and Conditions set out the rights and obligations of all users  regarding the use of the Service.

Your access to and use of the Service is conditioned on Your  acceptance of and compliance with these Terms and Conditions. These  Terms and Conditions apply to all visitors, users and others who access  or use the Service.

By accessing or using the Service You agree to be bound by these  Terms and Conditions. If You disagree with any part of these Terms and  Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your  acceptance of and compliance with the Privacy Policy of the Company. Our  Privacy Policy describes Our policies and procedures on the collection,  use and disclosure of Your personal information when You use the  Application or the Website and tells You about Your privacy rights and  how the law protects You. Please read Our Privacy Policy carefully  before using Our Service.

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

If You wish to place an Order for Goods available on the Service, You  may be asked to supply certain information relevant to Your Order  including, without limitation, Your name, Your email, Your phone number,  Your credit card number, the expiration date of Your credit card, Your  billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use  any credit or debit card(s) or other payment method(s) in connection  with any Order; and that (ii) the information You supply to us is true,  correct and complete.

By submitting such information, You grant us the right to provide the  information to payment processing third parties for purposes of  facilitating the completion of Your Order.

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

• Goods availability
• Errors in the description or prices for Goods
• Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.

Our Returns Policy forms a part of these Terms and Conditions. Please  read our Returns Policy to learn more about your right to cancel Your  Order.

Your right to cancel an Order only applies to Goods that are returned  in the same condition as You received them. You should also include all  of the products instructions, documents and wrappings. Goods that are  damaged or not in the same condition as You received them or which are  worn simply beyond opening the original packaging will not be refunded.  You should therefore take reasonable care of the purchased Goods while  they are in Your possession.

We will reimburse You no later than 14 days from the day on which We  receive the returned Goods. We will use the same means of payment as You  used for the Order, and You will not incur any fees for such  reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods:

• The supply of Goods made to Your specifications or clearly personalized.
• The supply of Goods which according to their nature are not suitable  to be returned, deteriorate rapidly or where the date of expiry is  over.
• The supply of Goods which are not suitable for return due to health  protection or hygiene reasons and were unsealed after delivery.
• The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
• The supply of digital content which is not supplied on a tangible  medium if the performance has begun with Your prior express consent and  You have acknowledged Your loss of cancellation right.

We are constantly updating Our offerings of Goods on the Service. The  Goods available on Our Service may be mispriced, described  inaccurately, or unavailable, and We may experience delays in updating  information regarding our Goods on the Service and in Our advertising on  other websites.

We cannot and do not guarantee the accuracy or completeness of any  information, including prices, product images, specifications,  availability, and services. We reserve the right to change or update  information and to correct errors, inaccuracies, or omissions at any  time without prior notice.

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to  accepting an Order in the event of any occurrence affecting delivery  caused by government action, variation in customs duties, increased  shipping charges, higher foreign exchange costs and any other matter  beyond the control of the Company. In that event, You will have the  right to cancel Your Order.

All Goods purchased are subject to a one-time payment. Payment can be  made through various payment methods we have available, such as Visa,  MasterCard, Affinity Card, American Express cards or online payment  methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation  checks and authorization by Your card issuer. If we do not receive the  required authorization, We will not be liable for any delay or  non-delivery of Your Order.

The Service or some parts of the Service are available only with a  paid Subscription. You will be billed in advance on a recurring and  periodic basis (such as daily, weekly, monthly or annually), depending  on the type of Subscription plan you select when purchasing the  Subscription.

At the end of each period, Your Subscription will automatically renew  under the exact same conditions unless You cancel it or the Company  cancels it.

You may cancel Your Subscription renewal either through Your Account  settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your  current Subscription period and You will be able to access the Service  until the end of Your current Subscription period.

You shall provide the Company with accurate and complete billing  information including full name, address, state, zip code, telephone  number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company  will issue an electronic invoice indicating that you must proceed  manually, within a certain deadline date, with the full payment  corresponding to the billing period as indicated on the invoice.

The Company, in its sole discretion and at any time, may modify the  Subscription fees. Any Subscription fee change will become effective at  the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any  change in Subscription fees to give You an opportunity to terminate Your  Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change  comes into effect constitutes Your agreement to pay the modified  Subscription fee amount.

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the  Company on a case-by-case basis and granted at the sole discretion of  the Company.

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable  rules as well as our Privacy policy. If the rules for a Promotion  conflict with these Terms, the Promotion rules will apply.

When You create an account with Us, You must provide Us information  that is accurate, complete, and current at all times. Failure to do so  constitutes a breach of the Terms, which may result in immediate  termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to  access the Service and for any activities or actions under Your  password, whether Your password is with Our Service or a Third-Party  Social Media Service.

You agree not to disclose Your password to any third party. You must  notify Us immediately upon becoming aware of any breach of security or  unauthorized use of Your account.

You may not use as a username the name of another person or entity or  that is not lawfully available for use, a name or trademark that is  subject to any rights of another person or entity other than You without  appropriate authorization, or a name that is otherwise offensive,  vulgar or obscene.

Our Service allows You to post Content. You are responsible for the  Content that You post to the Service, including its legality,  reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license  to use, modify, publicly perform, publicly display, reproduce, and  distribute such Content on and through the Service. You retain any and  all of Your rights to any Content You submit, post or display on or  through the Service and You are responsible for protecting those rights.  You agree that this license includes the right for Us to make Your  Content available to other users of the Service, who may also use Your  Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it)  or You have the right to use it and grant Us the rights and license as  provided in these Terms, and (ii) the posting of Your Content on or  through the Service does not violate the privacy rights, publicity  rights, copyrights, contract rights or any other rights of any person.

The Company is not responsible for the content of the Service's  users. You expressly understand and agree that You are solely  responsible for the Content and for all activity that occurs under your  account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive,  upsetting, intended to disgust, threatening, libelous, defamatory,  obscene or otherwise objectionable. Examples of such objectionable  Content include, but are not limited to, the following:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including  references or commentary about religion, race, sexual orientation,  gender, national/ethnic origin, or other targeted groups.
• Spam, machine – or randomly – generated, constituting unauthorized  or unsolicited advertising, chain letters, any other form of  unauthorized solicitation, or any form of lottery or gambling.
• Containing or installing any viruses, worms, malware, trojan horses,  or other content that is designed or intended to disrupt, damage, or  limit the functioning of any software, hardware or telecommunications  equipment or to damage or obtain unauthorized access to any data or  other information of a third person.
• Infringing on any proprietary rights of any party, including patent,  trademark, trade secret, copyright, right of publicity or other rights.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False information and features.

The Company reserves the right, but not the obligation, to, in its  sole discretion, determine whether or not any Content is appropriate and  complies with this Terms, refuse or remove this Content. The Company  further reserves the right to make formatting and edits and change the  manner of any Content. The Company can also limit or revoke the use of  the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third  parties on the Service, you agree to use the Service at your own risk.  You understand that by using the Service You may be exposed to content  that You may find offensive, indecent, incorrect or objectionable, and  You agree that under no circumstances will the Company be liable in any  way for any content, including any errors or omissions in any content,  or any loss or damage of any kind incurred as a result of your use of  any content.

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without  limitation, Content that is corrupted prior to being backed up or that  changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any  known or discovered issues that may affect the backups of Content. But  You acknowledge that the Company has no liability related to the  integrity of Content or the failure to successfully restore Content to a  usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

We respect the intellectual property rights of others. It is Our  policy to respond to any claim that Content posted on the Service  infringes a copyright or other intellectual property infringement of any  person.

If You are a copyright owner, or authorized on behalf of one, and You  believe that the copyrighted work has been copied in a way that  constitutes copyright infringement that is taking place through the  Service, You must submit Your notice in writing to the attention of our  copyright agent via email at info@stackrackbattery.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and  attorneys' fees) for misrepresenting that any Content is infringing Your  copyright.

You may submit a notification pursuant to the Digital Millennium  Copyright Act (DMCA) by providing our Copyright Agent with the following  information in writing (see 17 U.S.C 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been  infringed, including the URL (i.e., web page address) of the location  where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• Your address, telephone number, and email address.
• A statement by You that You have a good faith belief that the  disputed use is not authorized by the copyright owner, its agent, or the  law.
• A statement by You, made under penalty of perjury, that the above  information in Your notice is accurate and that You are the copyright  owner or authorized to act on the copyright owner's behalf.

You can contact our copyright agent via email at info@solgevitypower.com. Upon receipt of a notification, the Company will take whatever action,  in its sole discretion, it deems appropriate, including removal of the  challenged content from the Service.

The Service and its original content (excluding Content provided by  You or other users), features and functionality are and will remain the  exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any  product or service without the prior written consent of the Company.

You assign all rights, title and interest in any Feedback You provide  the Company. If for any reason such assignment is ineffective, You  agree to grant the Company a non-exclusive, perpetual, irrevocable,  royalty free, worldwide right and license to use, reproduce, disclose,  sub-license, distribute, modify and exploit such Feedback without  restriction.

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for,  the content, privacy policies, or practices of any third party web sites  or services. 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 the use of  or reliance on any such content, goods or services available on or  through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy  policies of any third-party web sites or services that You visit.

We may terminate or suspend Your Account immediately, without prior  notice or liability, for any reason whatsoever, including without  limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease  immediately. If You wish to terminate Your Account, You may simply  discontinue using the Service.

Notwithstanding any damages that You might incur, the entire  liability of the Company and any of its suppliers under any provision of  this Terms and Your exclusive remedy for all of the foregoing shall be  limited to the amount actually paid by You through the Service or 100  USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall  the Company or its suppliers be liable for any special, incidental,  indirect, or consequential damages whatsoever (including, but not  limited to, damages for loss of profits, loss of data or other  information, for business interruption, for personal injury, loss of  privacy arising out of or in any way related to the use of or inability  to use the Service, third-party software and/or third-party hardware  used with the Service, or otherwise in connection with any provision of  this Terms), even if the Company or any supplier has been advised of the  possibility of such damages and even if the remedy fails of its  essential purpose.

Some states do not allow the exclusion of implied warranties or  limitation of liability for incidental or consequential damages, which  means that some of the above limitations may not apply. In these states,  each party's liability will be limited to the greatest extent permitted  by law.

The Service is provided to You "AS IS" and "AS AVAILABLE" and with  all faults and defects without warranty of any kind. To the maximum  extent permitted under applicable law, the Company, on its own behalf  and on behalf of its Affiliates and its and their respective licensors  and service providers, expressly disclaims all warranties, whether  express, implied, statutory or otherwise, with respect to the Service,  including all implied warranties of merchantability, fitness for a  particular purpose, title and non-infringement, and warranties that may  arise out of course of dealing, course of performance, usage or trade  practice. Without limitation to the foregoing, the Company provides no  warranty or undertaking, and makes no representation of any kind that  the Service will meet Your requirements, achieve any intended results,  be compatible or work with any other software, applications, systems or  services, operate without interruption, meet any performance or  reliability standards or be error free or that any errors or defects can  or will be corrected.

Without limiting the foregoing, neither the Company nor any of the  company's provider makes any representation or warranty of any kind,  express or implied: (i) as to the operation or availability of the  Service, or the information, content, and materials or products included  thereon; (ii) that the Service will be uninterrupted or error-free;  (iii) as to the accuracy, reliability, or currency of any information or  content provided through the Service; or (iv) that the Service, its  servers, the content, or e-mails sent from or on behalf of the Company  are free of viruses, scripts, trojan horses, worms, malware, time-bombs  or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of  warranties or limitations on applicable statutory rights of a consumer,  so some or all of the above exclusions and limitations may not apply to  You. But in such a case the exclusions and limitations set forth in this  section shall be applied to the greatest extent enforceable under  applicable law.

The laws of the Country, excluding its conflicts of law rules, shall  govern this Terms and Your use of the Service. Your use of the  Application may also be subject to other local, state, national, or  international laws.

If You have any concern or dispute about the Service, You agree to  first try to resolve the dispute informally by contacting the Company.

If You are a European Union consumer, you will benefit from any  mandatory provisions of the law of the country in which you are resident  in.

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

You represent and warrant that (i) You are not located in a country  that is subject to the United States government embargo, or that has  been designated by the United States government as a "terrorist  supporting" country, and (ii) You are not listed on any United States  government list of prohibited or restricted parties.

If any provision of these Terms is held to be unenforceable or  invalid, such provision will be changed and interpreted to accomplish  the objectives of such provision to the greatest extent possible under  applicable law and the remaining provisions will continue in full force  and effect.

Except as provided herein, the failure to exercise a right or to  require performance of an obligation under these Terms shall not effect a  party's ability to exercise such right or require such performance at  any time thereafter nor shall the waiver of a breach constitute a waiver  of any subsequent breach.

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

We reserve the right, at Our sole discretion, to modify or replace  these Terms at any time. If a revision is material We will make  reasonable efforts to 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 Service after those revisions  become effective, You agree to be bound by the revised terms. If You do  not agree to the new terms, in whole or in part, please stop using the  website and the Service.

If you have any questions about these Terms and Conditions, You can contact us:

• By email: info@solgevitypower.com