TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing or using www.pfisterenergy.com (the "Website"), you ("User," "you") agree to be bound by these Terms of Use ("Terms"), which form a legally binding agreement between you and Pfister Energy, Inc. ("Pfister Energy," "we," "us," or "our"). If you do not agree, discontinue use immediately.
1. Acceptance of Terms
By accessing the Website, you represent that you are at least 18 years of age, have the legal capacity to enter into these Terms, and agree to comply with all applicable federal, state, and local laws and regulations. If you are accessing the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. You consent to transact electronically with Pfister Energy and agree that your electronic acceptance of these Terms (including by use of the Website) has the same legal effect as a handwritten signature under the federal E-SIGN Act and applicable state equivalents.
2. Description of Website and Services
The Website is operated by Pfister Energy, Inc., a developer and Engineering, Procurement, and Construction ("EPC") provider of turnkey solar photovoltaic ("PV") and battery energy storage systems ("BESS") for commercial, industrial, and community solar markets. The Website provides general information about Pfister Energy's services, project capabilities, careers, and related energy solutions.
The Website is for informational purposes only. Nothing on it constitutes a binding offer, proposal, commitment, or contract for engineering, development, construction, financing, or other services unless set forth in a written agreement executed by an authorized officer of Pfister Energy.
3. Permitted Use
You may use the Website solely for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Website in any way that violates applicable federal, state, local, or international law or regulation;
- Transmit or distribute any unsolicited advertising or promotional material, or any form of spam;
- Attempt to gain unauthorized access to any portion of the Website, its related systems, servers, or networks;
- Use automated tools (including bots, scrapers, crawlers, or data extraction tools) to collect information from the Website without the express written consent of Pfister Energy;
- Interfere with or disrupt the integrity or performance of the Website;
- Introduce any viruses, Trojan horses, worms, malware, or other technologically harmful material to the Website or its infrastructure;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Engage in any conduct that restricts or inhibits any other user's use or enjoyment of the Website.
- Pfister Energy reserves the right, in its sole discretion and without notice or liability, to suspend or terminate your access to the Website for any actual or suspected violation of these Terms.
4. Intellectual Property Rights
All content on the Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Pfister Energy, Inc. or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
4.1 Trademarks
4.2 Limited License
Pfister Energy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for informational purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Website without the prior written consent of Pfister Energy, Inc., except that you may:
- Store copies of such materials temporarily in RAM incidental to your accessing and viewing them;
- Store files automatically cached by your web browser for display enhancement purposes;
- Print or download one copy of a reasonable number of pages for your own personal, non-commercial use.
No right, title, or interest in or to the Website or any content is transferred to you, and all rights not expressly granted are reserved by Pfister Energy.
DMCA Notices. If you believe content on the Website infringes your copyright, send a notice complying with 17 U.S.C. § 512(c)(3) to Pfister Energy's designated agent at jwalsh@pfisterenergy.com. Pfister Energy may remove or disable allegedly infringing content and terminate repeat infringers in appropriate circumstances.
5. Disclaimer of Warranties
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PFISTER ENERGY, INC. DOES NOT WARRANT THAT: (A) THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (D) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
No information obtained from Pfister Energy or the Website, whether oral or written, creates any warranty not expressly stated in these Terms. Information regarding tax incentives, federal Investment Tax Credits (ITCs), prevailing wage requirements, energy community bonuses, or other regulatory benefits is for general informational purposes only and does not constitute legal, tax, or financial advice; consult qualified legal, tax or other appropriate advisors regarding specific projects or transactions.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PFISTER ENERGY, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE WEBSITE; (B) ANY CONTENT OR INFORMATION OBTAINED FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE WEBSITE, EVEN IF PFISTER ENERGY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, PFISTER ENERGY'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL PFISTER ENERGY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100.00).
7. Indemnification
You agree to defend, indemnify, and hold harmless Pfister Energy, Inc., its affiliates, licensors, service providers, employees, agents, officers, directors, and successors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Website; (c) your User Content (as defined below); (d) your violation of any applicable law or regulation; or (e) your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights.
8. User Submissions and Inquiries
If you submit information through the Website, including contact forms, project inquiry forms, or request-for-proposal submissions ("User Content"), you grant Pfister Energy, Inc. a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, and process such User Content for the purposes of responding to your inquiry, evaluating a potential business relationship, and internal business operations.
You represent and warrant that: (a) you own or have the right to submit the User Content; (b) the User Content does not violate any applicable law or regulation; (c) the User Content does not infringe any third-party intellectual property, privacy, or proprietary rights; and (d) the User Content does not contain any confidential or proprietary information of a third party submitted without proper authorization.
Pfister Energy reserves the right to disclose any User Content if required to do so by law, court order, or governmental or regulatory authority.
9. Privacy and Data Collection
Your use of the Website is also subject to Pfister Energy's Privacy Policy, which is incorporated into these Terms by reference. By using the Website, you consent to all actions taken by Pfister Energy with respect to your information in compliance with the Privacy Policy and applicable data-protection laws, including the California Consumer Privacy Act and other U.S. state privacy laws. Pfister Energy may collect certain non-personally identifiable information through standard web technologies, including cookies and web analytics tools, to improve user experience and Website performance.
10. Third-Party Links and Content
The Website may contain links to third-party websites, resources, or services ("Third-Party Sites") as a convenience to users. Pfister Energy does not control such Third-Party Sites and is not responsible for their content, accuracy, privacy practices, or availability. The inclusion of any link does not imply endorsement, approval, or sponsorship by Pfister Energy of the linked site or its operators. You access Third-Party Sites at your own risk and subject to the terms and conditions of such sites.
11. No Professional or Advisory Relationship
Nothing on the Website, including information regarding solar energy development, battery energy storage systems, EPC contracting, federal Investment Tax Credits, Section 45 and related IRS provisions, prevailing wage and Davis-Bacon Act requirements, community solar programs, interconnection, or project financing, is intended to constitute legal, tax, financial, engineering, or other professional advice. Pfister Energy makes no representations or warranties regarding the accuracy, completeness, or applicability of such information to your specific circumstances. No attorney-client, contractor-client, or other professional relationship is created by your use of the Website or submission of any inquiry. You should consult with qualified professionals regarding any particular project, regulatory requirement, or transaction.
12. Modification of Terms
Pfister Energy may revise these Terms at any time in its sole discretion, effective upon posting. Your continued use of the Website after posting constitutes acceptance. We may also notify you of material changes via a prominent notice on the Website's homepage. Please review these Terms periodically.
13. Modifications to the Website
Pfister Energy may modify, suspend, or discontinue the Website (or any portion) at any time, with or without notice, and shall not be liable to you or any third party for doing so.
14. Governing Law and Dispute Resolution
14.1 Governing Law
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any choice or conflict of law provision or rule.
14.2 Informal Resolution
Before initiating any formal legal proceeding, you agree to first contact Pfister Energy at legal@pfisterenergy.com to attempt to resolve the dispute informally. Pfister Energy will use reasonable efforts to respond within thirty (30) days of receipt. If the dispute is not resolved within sixty (60) days after initial contact, either party may proceed with formal dispute resolution. Any unresolved dispute shall be finally settled by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, seated in Passaic County, New Jersey, before a single arbitrator. The parties waive any right to participate in a class, collective, or representative action. Either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.
14.3 Jurisdiction and Venue
Any legal suit, action, or proceeding arising out of or related to these Terms or the Website shall be instituted exclusively in the federal or state courts located in Passaic County, New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Waiver and Severability
No waiver by Pfister Energy of any term shall be deemed a continuing waiver of that term or a waiver of any other term, and no failure to assert a right or provision shall constitute a waiver of that right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations hereunder without Pfister Energy's prior written consent. Pfister Energy may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets. Any prohibited assignment is void.
16. Entire Agreement
These Terms and our Privacy Policy constitute the entire agreement between you and Pfister Energy regarding the Website and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, written or oral.
17. Export Control
The Website may be subject to U.S. export control laws, including the Export Administration Regulations. You agree not to export, re-export, or transfer, directly or indirectly, any technical data or product obtained from or through the Website in violation of any applicable export laws or regulations.
18. Force Majeure
Pfister Energy shall not be liable for any failure or delay in performance under these Terms to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labor disputes, governmental actions, utility failures, or internet or telecommunications disruptions.
19. Contact Information
If you have any questions about these Terms of Use, please contact:
Pfister Energy, Inc.
57 Goffle Road, Hawthorne, NJ 07506
Legal Department: legal@pfisterenergy.com
Phone: (973) 653-9880