Terms and Conditions

PRIVACY POLICY AND TERMS OF USE

1.     Introduction

This website, www.esaipower.com (“Site”) provides information regarding ESAI Power LLC (“ESAI “), its services for potential customers of ESAI.  This “Privacy Policy and Terms of Use” (the “Terms”) describes the conditions under which this Site is being made available to you. The Terms discuss important limitations about the way you may use and rely upon materials you find on the Site. Read this Terms carefully. By using this Site, you will be deemed to have accepted them. If you do not accept the Terms, you may not use this Site.

2.     Use of site

We authorize you to view and download the materials at this Site only for your personal use, provided that you retain all copyright and other proprietary notices contained in the original materials or any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.  Copying, forwarding or other redistribution of ESAI Power publications – in whole or in part – violates U.S. copyright law and is punishable by fines plus attorney’s fees.  All ESAI Power publications and websites are copyrighted.

3.     Information Gathered

We are the sole owner of the information collected on the Site.  We collect personally identifiable information from our users at several different points on the Site.

We gather two types of information from you when you visit the Site: information you submit to us voluntarily, whether for registration, newsletter or other purposes, or information our Site gathers automatically.

4.     Information You Provide Us

To respond to your requests or enable you to access certain content on the Site, we may request such personally identifiable information as your name, residential and/or business address, email address, and/or telephone number(s).  You do not, however, need to provide us with personally identifiable information to use many features of the Site. Your contact information may be used to contact you, enroll you in our newsletter or to respond to your requests.  If you do not wish to receive information from us, you may opt-out of receiving future mailings by responding as directed in the opt-out instructions or by contacting us directly at [email protected]

We do not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication (“Communications”) you transmit or post to this Site will be considered non-confidential and non-proprietary. We will have no obligations with respect to the Communications, other than to treat your personally identifiable information in accordance with our privacy practices described herein.

5.     Information We Collect

When users browse our Site, we may log the IP address and other typical tracking information, but the user’s identity remains anonymous. This information is aggregated into our log files as site-wide information and is used for system administration and auditing purposes. We may also use the IP addresses to gather statistical information for marketing purposes. Such information is not used to identify individuals or to reveal personal information.

       (a)     Log Files

As is true of most web sites, we gather certain information automatically and store it in log files.  This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, device ID, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole.

We may link this automatically-collected data to personally identifiable information solely for the purpose of determining information to use for our own advertising purposes, i.e. in order to identify sites and apps that may find benefit from, or would benefit us by, our advertising.  We do not use this linked data for third party advertising or for sale.

       (b)     Cookies

A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We use cookies on this site. By using the site, you agree to our use of cookies in conformity with this privacy policy, to the extent that your computer or devise permits such use.

We use both session ID cookies and persistent cookies.  We use session cookies to make it easier for you to navigate our site.  A session ID cookie expires when you close you browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file.

Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site.  For instance, we may also use the data from persistent cookies to identify users who may have specific interests and e-mail such users with additional information.  Our advertisers may also use the information acquired through persistent cookies to deliver targeted advertising.

If you reject cookies, you may still use our site, but your ability to use some areas of our site may be limited.

We use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients.  This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.  If you would like to opt-out of these emails, please see “Choice and Opt-out.”

       (c)     Location Data

We may also collect certain location information when you use our Services, such as your computer’s IP address, your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers.

6.     Security

While we try to prevent third party access to personally identifiable information, internet communications are not always secure. We cannot promise you that third parties can not access your personally identifiable information.  It is a condition of your use of this Site that you agree we are not liable for any such disclosure.

7.     Our Use of Your Information

We use your information for internal purposes, i.e. to improve the Site and its operation, to ensure security on the Site, monitoring traffic on our site, the proper administration of our services and to comply with applicable laws and regulation.  We may use your information in order to communicate with you.  Additionally, we use your information for advertising purposes to identify potential targets for our ads.  We do not sell your information or provide your information to third party advertisers (see 8 – Information Sharing, below).  We maintain your information only for so long as such information is useful for the purposes stated herein.

8.     Information Sharing

We may use personally identifiable information that you provide for marketing and statistical purposes. However, we never intentionally disclose personally identifiable information about our users to third parties without permission to do so, except as required by law or to protect the rights, property or safety of ourselves, our users, or others. We do not sell users names or email addresses to other companies so that they can send unsolicited email or written promotional materials. We may employ other companies and individuals to perform functions on our behalf, such as provide marketing assistance, or provide customer service, but the purpose of such companies or individuals use of such information is limited to performing their function for us and not for any other purpose.

We may also share your information with our affiliates and other service providers.  We may offer some of our services in connection with other service providers.  Information that you provide to us may be sent to those providers in order to deliver the service provided by them; similarly, personal information that you provide to those sites may be sent to us in order to operate the Site.

While ESAI does not, and has no plans to, advertise on the Site, and thus is not collecting personally identifiable information in order to entice advertisers, some third parties collect information about users to provide interest-based advertising elsewhere, including across browsers and devices.  These third parties may use the information they collect on our Site to make predictions about your interests in order to provide you ads (from us) across the internet.  Some of these third parties may participate in an industry organization that gives users the opportunity to opt out of receiving ads that are tailored based on your online activities.  Due to differences between using apps and websites on mobile devices, you may need to take additional steps to disable targeted ad technologies in mobile apps and mobile based websites.  Many mobile devices allow you to opt out of targeted advertising for mobile apps using the settings within the mobile app or your mobile device.  For more information, please check your mobile settings.

9.     Your Rights

You have certain rights with respect to the information we collect about you.  Some of these rights come from laws and regulations that may or may not apply to you, however, ESAI has determined to grant these rights to all users of our site.

You have the right to know what types of information about you that we collect, and access to that information. You have the right to correct any information about you that you determine to be incorrect, or incomplete information completed.  In some cases, you have the right to have your information erased if the information’s retention is no longer necessary for its stated purpose, if you withdraw your consent to the use of your data in a manner that requires your consent, or if your information is being used in violation of applicable law or regulation.  In some cases you have the right to restrict the use of your data, i.e. if you dispute the accuracy of the data, if the data is being used in violation of law or regulation, the information is no longer required for the purposes for which it is being used, but you want us to retain the information.  If you believe that we have used your information in violation of applicable laws or regulations, you may lodge a complaint with a supervisory authority in your jurisdiction, if your home or business is in a jurisdiction with such a supervisory authority.  To the extent that we ask for your consent for any particular use of your data, you have the right at any time to withdraw such consent.

If you wish to exercise any of your rights, you may e-mail us at [email protected] and we will promptly respond to your request.

10.     Opt-out Options

We understand you may desire to stop receiving promotional messages from us. You will be given the opportunity to stop receiving future email communication, or any newsletter or other regular mailing, by following the opt-out instructions included in each mailing or by contacting us at [email protected].

11.     Compliance With Law

Notwithstanding anything to the contrary in this Privacy Policy and Terms of Use, we may access, use, preserve or disclose any information we have access to if we have a good faith belief that such access, use, preservation or disclosure of any information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms of Use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of us, our users or the public as required or permitted by law.

12.     Business Transitions

In the event we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred.  You will be notified via prominent notice on our Site of any such change in ownership or control of your personal information.

13.     Disclaimers

THE MATERIALS AT THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Our obligations with respect to our products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. We do not warrant the accuracy and completeness of the materials at this Site. We may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and we make no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

14.     Limitation of Liability

IN NO EVENT WILL WE, OUR SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

15.     Links to Third-Party Websites

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed all of these third-party sites and do not control and are not responsible for any of these sites or their content. Thus, we do not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.

We encourage you to be aware when you leave our site and to read the privacy statements of each and every web site that collects personally identifiable information.  The privacy policy contained in these Terms applies only to information collected by this Site.

16.     Age Limitation 

This Site is not directed to person under the age of 16. If you become aware that your child has provided us with personal information without your consent, please contact us at [email protected] or (781) 245-2036. We do not knowingly collect or solicit information from, market to or provides services to persons under 16 years old. If we become aware that a person under 16 has provided us with personal information, we take steps to remove such information and terminate the person’s account.

17.     Your California Privacy Rights. 

California Civil Code Section 1798.83 permits customers who are California residents and who have provided the Company with “personal information” (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes.  If you are a California resident with questions regarding this, please contact us at [email protected] or (781) 245-2036 or by mail at ESAI Power LLC, 401 Edgewater Pl., Suite 640, Wakefield, MA 01880.

18.     General

We administer this Site from our offices in the Commonwealth of Massachusetts USA.  We make no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of laws.

19.     Changes in These Terms

We may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

20.     Contacting Us

If you have any questions about these Terms, our privacy practices, or this Site you may contact: [email protected].

21.     Copyrights and Trademarks

The contents of the Website are copyright © 2021 ESAI Power LLC. All rights reserved. ESAI is the trademark of ESAI Power LLC. All other product names, service marks and trademarks mentioned herein are trademarks of their respective owners.  Redistribution of ESAI Power content or sharing of user names and passwords are prohibited by law and may subject you and your employer to fines.