Last Updated: December 10, 2024
Priority Power's Terms of Use
NOTICE OF MANDATORY ARBITRATION PROVISION: The use of our Websites (as defined below) is subject to mandatory and binding individual arbitration of any disputes which may arise. Please read carefully and do not use any of our Websites if you are unwilling to arbitrate all disputes you may have with us as provided below.
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE WEBSITES. These Terms of Use (“Terms” or “Agreement”) govern your (“you” or “your”) use of the Priority Power’s website (http://prioritypower.com) and the websites of our subsidiaries and affiliates (collectively the “Websites”). Delaware corporation (“Priority Power”, “PPM”, “Company”, “we”, “our” or “us”) is the owner and operator of the Websites.
This is an agreement between you and Priority Power. By using the Websites, you agree to be bound by these Terms of Use. These Terms, along with the Privacy Statement, may be modified by Priority Power at any time without prior notice, such modifications to be effective as of the date they are posted on the Websites. Your continued use of the Websites after any modifications are posted constitutes your consent to such modifications. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Websites in any way, your only recourse is to immediately terminate and discontinue using the Websites. Additionally, you agree not to access the Websites on behalf of any other legal entity unless you have the authority to bind that legal entity to the Terms.
1. Limited License
Priority Power grants you a limited license to access, review and use the Websites for your own personal use, as well as legitimate business purposes related to your relationship with Priority Power, provided that you accept the terms and conditions set forth in this Agreement. All of the material, software, HTML or other code, documents, text, designs, graphics, artwork, trademarks, logos, images (including photographs), audio and video contained or displayed on the Websites (collectively, “Content”), including but not limited to the design, layout, structure, selection, expression, and/or arrangement of the Content, is owned exclusively by Priority Power or Priority Power’s subsidiaries and affiliates (hereinafter, “Affiliate(s)”), or is being used by Priority Power with permission, and is protected by applicable copyright, trade dress, patent, trademark or trade secret laws, and other intellectual property and unfair competition laws. You will not use, modify, reproduce, duplicate, copy, sell, resell, translate, or exploit the Content for any commercial purpose. None of the Content may be reverse engineered, disassembled, decompiled, transcribed, resold, redisplayed, or redistributed without the specific prior written consent of an authorized Priority Power representative. You acknowledge that you do not acquire any ownership rights by downloading or accessing the Content.
The trademarks, service marks, logos, trade dress, device, design, or any other designation (the “Trademarks”) used and displayed on the Websites are the registered and unregistered Trademarks of Priority Power, its Affiliates or other third parties. Nothing on the Websites should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks, without the prior written permission of Priority Power or the relevant third party. Priority Power prohibits the use of any of its logos as part of a link to or from any website unless such link is approved in advance by Priority Power in writing. Further, the design and layout of the Websites are protected as Priority Power’s trade dress or copyrighted works and may not be copied or imitated, re-transmitted, disseminated or displayed, in whole or in part. References to or the inclusion of other third-party Trademarks on the Websites are for identification purposes only and do not indicate that such third parties have approved the Websites or any of its Content. As noted above, this Agreement does not grant you any right to use the Trademarks of other parties.
2. Responsible Use of the Websites
Regardless of whether you register with the Websites, you agree not to use the Websites for any purpose that is unlawful, illegal, or forbidden by these Terms or under the law. In addition, you agree not to do any of the following without the prior express written permission of Priority Power: (i) access the Websites with any manual or automated process for any purpose other than your personal use, legitimate business purposes related to your relationship with Priority Power, or for inclusion of Priority Power pages in a search index; (ii) violate the restrictions in any robot exclusion headers on the Websites or bypass or circumvent other measures employed to prevent or limit access to the Websites; (iii) deep-link to any portion of the Websites for any purpose; (iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of the Websites or take any action that imposes an unreasonable load on our computer or network equipment; (v) access the Websites with intent to obtain Priority Power intellectual property with which to undertake work that may be detrimental now or in the future to Priority Power or its licensors; (vi) use the Websites to collect personally identifiable information about a third party; (vii) use the Websites to impersonate another Website user; or (viii) attempt to gain access to data not intended for you, e.g., log on to an account which you are not authorized to access or access secured areas of the Websites that you are not intended to access. If you violate these Terms, we may, at any time, and in our sole discretion, without advance notice or liability, terminate your account or terminate or restrict your access to all or any components of the Websites.
3. Content and Interactions on the Websites
- infringes on the copyright, trademark, trade secret or other intellectual property or proprietary rights of others;
- violates the privacy, publicity, or other rights of others;
- is unlawful, immoral, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or violates any law in any country, or is otherwise inappropriate, as determined by Priority Power in its sole discretion;
- is false or inaccurate;
- is technically harmful, including without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data; or
- could damage Priority Power or any of its parent companies, sister companies, affiliates, advertisers, partners, or other parties.
4. Privacy
The Websites are subject to the terms and conditions set forth in our Privacy Statement. By accessing, using, obtaining, or purchasing any content, data, materials, information, products, or services through or from the Websites, you consent to the terms and conditions in our Privacy Statement, which may be found here: https://prioritypower.com/privacy-policy/. All personal information provided via the Websites will be handled in accordance with the Site’s online Privacy Statement.
5. No Warranties of Any Kind
The Websites, all Content on the Websites, all third-party Content posted on the Websites, and all products and services provided on or through the Websites are provided on an “as is” and “as available” basis, WITHOUT WARRANTIES OF ANY KIND UNLESS EXPRESSLY STATED OTHERWISE. YOUR USE OF THE WEBSITES IS ENTIRELY AT YOUR OWN RISK. Priority Power expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance, TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, NEITHER PRIORITY POWER NOR ITS RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, ATTORNEYS, OR AFFILIATES, MAKE ANY WARRANTIES THAT THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DO THEY MAKE ANY REPRESENTATIONS, GUARANTIES, OR WARRANTIES RELATING TO THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITES, OR THE PRODUCTS AND SERVICES SOLD OR MADE AVAILABLE THROUGH THE WEBSITES. Priority Power makes no warranty, and expressly disclaims any obligation, that: (a) the Websites or Content will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis; (b) the Content or the Websites will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of the Websites or any products or services offered through the Websites will be accurate or reliable; (d) the quality of any products, services, information, or other material obtained by you through the Websites will meet your expectations or requirements; or (e) that the goods or services or Websites are free of viruses or other harmful components. FURTHERMORE, PRIORITY POWER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY THE USERS OF THE WEBSITES, ANY COMMENTS OR USER CONTENT POSTED ON OR ACCESSIBLE FROM THE WEBSITES OR ANY LINKED WEBSITES. IF YOU ARE DISSATISFIED WITH THE WEBSITES OR ANY OF THE CONTENT OR COMMENTS CONTAINED OR DISPLAYED ON THE WEBSITES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE WEBSITES. YOUR USE OF ANY THIRD-PARTY PROVIDERS AND AFFILIATES AND/OR THEIR PRODUCTS OR SERVICES IS AT YOUR OWN RISK.
6. Limitation of Liability
Under no circumstances shall Priority Power or its respective employees, agents, officers, directors, attorneys, or Affiliates be responsible or liable for (a) any damages to or viruses that may infect your computer, computer equipment, telecommunications equipment or other property as the result of your use of or access to the Websites or your downloading of any content from the Websites or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise (even if Priority Power has been advised of the possibility of such damages), that arise out of or that are in any way connected with (i) any use of the Websites or content, (ii) mistakes, omissions, errors, defects, failures or delays (including without limitation the use of or inability to use the Websites, or any component of the Websites or delays in operation or transmission or the failure of performance of any kind), or (iii) the performance or non-performance by us or any provider or Affiliate. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN ALL EVENTS, THE AGGREGATE LIABILITY OF PRIORITY POWER AND ANY OTHER PARTY INVOLVED IN CREATING, ADMINISTRATING, PRODUCING OR DISTRIBUTING THE WEBSITES, IF ANY, SHALL BE LIMITED TO $50.00.
7. Indemnification
You will defend, indemnify and hold Priority Power and its Affiliates, and each of our or their respective officers, directors, employees, agents, and attorneys, harmless from and against any claim, cause of action, liability, expense, damage, loss or demand, including, without limitation, reasonable attorneys’ fees and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, or your use of or access to the Websites.
8. Links to Third Party Websites
The Websites may contain links to other websites that Priority Power does do not maintain, own, operate or control, but which are maintained, owned, or operated by parties other than Priority Power (“Other Websites”). We provide these links for your reference and convenience and do not endorse, adopt, authorize, or sponsor the Other Websites or the contents thereof. Priority Power does not control the Other Websites or the information contained on the Other Websites and is not responsible for the content contained therein. Priority Power expressly disclaims any representations or warranties regarding the content or accuracy of the materials on such Other Websites. If you decide to access any of these Other Websites, and leave the Websites, you do so entirely at your own risk. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them. You agree not to create a link from any website, including any website controlled by you, to the Websites.
10. Dispute Resolution & Mandatory Arbitration
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU (INCLUDING, FOR THE PURPOSES OF THIS SECTION, ANYONE CLAIMING UNDER YOU OR ON YOUR BEHALF) AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS AGREEMENT TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER. YOU AGREE:
- Informal Resolution of Disputes. If you have a dispute or disagreement with Priority Power regarding the Websites or any other aspect of this Agreement (each, a “Dispute”), you agree to first contact us and provide a written description of the Dispute, all relevant documents/information, and a proposal for resolving the Dispute.
- Mandatory Arbitration of Unresolved Disputes. If after 60 days the parties are unable to resolve the Dispute, YOU AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE BINDING ARBITRATION, NOT A LAWSUIT (except for small claims court cases as described below) TO RESOLVE THE DISPUTE. You acknowledge and agree that, but for this agreement to arbitrate disputes, you would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide the case and you voluntarily choose to waive that right and pursue all applicable Disputes through binding arbitration.
- Arbitration Entity & Rules. Arbitration under this Agreement shall be conducted and administered by the Judicial Arbitration and Mediation Services (JAMS) pursuant to its Comprehensive Arbitration Rules & Procedures, and shall take place in Arlington, Texas. If you and Priority Power both agree, the arbitration may be conducted and administered by another arbitration entity under that entity’s applicable rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. An arbitrator may award on an individual basis any relief.
- Exceptions to Arbitrate. You and Priority Power each agree: (i) either of us may bring qualifying Disputes in small claims court; (ii) if for any reason any court or arbitrator holds that the Class Action Waiver below is unconscionable or otherwise unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court; or (iii) Priority Power (and any Service Provider) may seek injunctive or other appropriate relief in court or arbitration to the extent the Dispute in any manner involves your actual or threatened infringement or violation of Priority Power’s or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights.
- Costs & Fees. You agree that only Priority Power will be entitled to recover fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You also agree to waive any claim for or award of attorneys’ fees, including such claim or award pursuant of Chapter 38 of Texas Civil Practice and Remedies Code.
- NO CLASS ACTIONS. TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
- NO TRIAL BY JURY. TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
- Applicable Law. The laws of the State of Texas shall apply to the Arbitration or, if permitted hereunder, a court action, except that Texas laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply.
11. Miscellaneous
Nothing in these Terms shall be construed or deemed to constitute any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between Priority Power and you, and neither party shall have the right or authority to contract or bind the other in any manner whatsoever. You may not assign, delegate, or transfer your rights or obligations under these Terms. Priority Power may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you.
These Terms, together with those agreements made a part of these Terms by reference or modification, alteration, or update, make up the entire agreement between us relating to your use of the Websites, and replace any prior understandings or agreements (whether oral or written) regarding your use of the Websites. The laws of the State of Texas, without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them.
You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement. Priority Power’s failure to insist upon or enforce strict performance of any provision of Agreement, in whole or part, shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any term or provision of this Agreement.
If any of the terms or conditions of this Agreement are declared void, unenforceable or invalid, by any judicial or administrative authority having proper jurisdiction over the parties and after all appeals have been exhausted, this declaration shall not, in and of itself, nullify the remaining terms and conditions of this Agreement, which shall remain in full force and effect
12. How to Contact Us
By mail:
4526 Research Forest Drive
Suite 250
The Woodlands, TX 77381, USA
By email: [email protected]
Phone: 1-800-221-7061