ePanel Builder User Agreement
 
The following policies (showing their last updated date) are incorporated into this Agreement by reference and provide additional terms and conditions related to specific ePanel Builder services offered:
Privacy Policy (January 1, 2006)
Each of these policies may be changed from time to time and are effective immediately after we post the changes on our Service, except our Privacy Policy for which we will provide you with thirty days prior notice. In addition, when using particular Services, you agree that you are subject to any policies or rules which are posted in conjunction with those Services. All such posted policies or rules are hereby incorporated by reference into this Agreement.
The following describes the terms on which ePanel Builder offers you access to our services.

This User Agreement ("Agreement") is a contract between you and ePanel Builder, Inc. and applies to your use of the ePanel Builder and any related products and services available through www.epanelbuilder.com (collectively the "Service"). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of ePanel Builder. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a ePanel Builder user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other ePanel Builder websites and Services will be governed by the terms and conditions posted on those websites.

For additional information about the Service and how it works, please also consult the FAQ section of the ePanel Builder Support Center.

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall be effective 30 days after they are initially posted on our site.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "ePanel Builder," "we" or "our" will refer collectively to ePanel Builder, Inc. and its subsidiaries including Whiskey Victor, Inc.

This Agreement was last modified on January 7, 2006.
  1. Eligibility. In order to use the Service, you must register for an account.
     
  2. The Legal Relationship between You and ePanel Builder.
    2.1 Accuracy. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS ARE NOT RESPONSIBLE FOR ACCURACY OF THE INFORMATION CONTAINED OR DISPLAY ON OUR SITE. All information IS gathered from manufacturers and other sources and is subject change without notice. Be sure to check ALL data, measurements, requirements, etc. with the appropriate manufacturer before using this information for any reason.

    2.2 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

    2.3 Limitation of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOSS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

    2.4 IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE OR FOR ANY REASON.

    2.5 Indemnification. You agree to indemnify and hold ePanel Builder, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including attorneys' fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

    2.6 Behavioral Liability. If you engage in any of the following behaviors, ePanel Builder terminate your account, as explained below.

    1. Sharing your account information with anyone for any reason.
    2. Using your account to grant ePanel Builder servies to other individuals for any reason.
    3. Using the services offered by ePanel Builder for Commercial or For-Profit purposes.

    If you use the ePanel Builder service in a manner that violates any of the categories described above, your account will be subject to immediate termination.

    You further understand that, if you use the ePanel Builder service in a manner that violates the any of the categories described above, ePanel Builder may incur substantial liability and/or suffer significant damages, you acknowledge liability to ePanel Builder for any and all damages suffered by ePanel Builder. Without limiting the foregoing, you agree to reimburse ePanel Builder for any and all costs and expenses incurred by ePanel Builder as a result of your activities.

    You agree that, if either you or ePanel Builder commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable attorneys’ fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.


     
  3. Your Information and Restricted Activities
    3.1 Definition. "Your Information" is defined as any information you provide to us in order to use the features of our Service.

    3.2 Trademarks. epanelbuilder.com, ePanel Builder, and all related logos, products and services described in this website are either trademarks or registered trademarks of ePanel Builder, Inc., or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of ePanel Builder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ePanel Builder and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ePanel Builder.

    Notwithstanding the above, HTML logos provided by ePanel Builder through its Affiliate Program, may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to ePanel Builder or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by ePanel Builder. ePanel Builder is a service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

     
  4. Access and Interference. Our web site contains exclusive content and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to attempt to interfere with the proper working of the ePanel Builder site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary to ePanel Builder. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content from our web site without the prior expressed written permission of ePanel Builder. If you use, or attempt to use the Service for purposes other than intended, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

  5. Privacy and Security. We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available in our Support Center. If you object to your information being transferred or used in this way, please do not use our Services.

  6. Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of ePanel Builder. ePanel Builder reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

  7. Legal Compliance. You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

  8. Legal Disputes. In the event a dispute arises between you and ePanel Builder, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ePanel Builder agree that any controversy or claim at law or equity that arises out of this Agreement or ePanel Builder's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, ePanel Builder strongly encourages users first to contact ePanel Builder directly to seek a resolution. ePanel Builder will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

    8.1 Arbitration. For any Claim, you or ePanel Builder may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    8.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in El Paso County, Colorado or where the defendant is located (in ePanel Builder's case, Colorado Springs, CO, and in your case, your home address or principal place of business). You and ePanel Builder agree to submit to the personal jurisdiction of the courts located within the county of Colorado Springs, CO.

    8.3 Alternative Dispute Resolution. ePanel Builder will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in El Paso County, Colorado or another location mutually agreed upon by the parties.

    8.4 Violations of Section 8. All Claims between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 8, the other party may recover attorneys' fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
     

  9. General. This Agreement is governed by and interpreted under the laws of the state of Colorado, U.S. as such laws are applied to agreements entered into and to be performed entirely within Colorado by Colorado residents. Notwithstanding the foregoing sentence, the Federal Arbitration Act ("FAA"), and all of its rules and procedures, shall govern Section 9 hereof, to the extent that the FAA is inconsistent with Colorado law. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by ePanel Builder, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (4) Access and Interference, (2.3) Limitation of Liability, (2.5) Indemnity, and (8) Legal Disputes shall survive any termination or expiration of this Agreement.

  10. Disclosures. The Services are offered by ePanel Builder Inc., located at 1792 Reilly Grove, Colorado Springs, CO 80915. If you are a Colorado resident, you may have this same information emailed to you by sending a letter to the address above with your email address and a request for this information.

    Disputes between you and ePanel Builder regarding our Services may be reported to Customer Support online through the ePanel Builder Support Center at any time.