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Acceptance of Terms * PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY Use of Materials and Website: All content on this website, without limitation, as well as the arrangement of the content, is the exclusive property of and owned by CyberPower, its licensors, or its content providers and is protected by copyright, trademark, and other applicable laws. Users of the Site must not: • Monitor, gather or copy any content on this Website by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind. • Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout). • Engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party. • Attempt to circumvent the security systems of the Website. • Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any CyberPower server. • Attempt to use the Website for any purposes other than those intended by CyberPower, as determined by CyberPower in its sole discretion. • Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment. • Engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity. Some features of this website may require registration and/or use of a password. By registering, you agree to provide true, accurate, current, and complete information. You are responsible for protecting your password and responsible for statements made and omissions that occur through the use of your password. You or third parties acting on your behalf are not permitted to use CyberPower’s proprietary marks without our written permission, unless according to exceptions described in the site. Third-Party Links: This website may contain links to other website owned and operated by third party vendors and other third parties. Such links are provided for your convenience. CyberPower has no control over such linked sites. CyberPower has no responsibility or liability for the policies and actions of third parties. Copyrights and Trademarks: The content of the Website is protected by copyright and other laws in both the United States and other countries. Any software available for download via the Website is the copyrighted work of CyberPower and/or its licensors or third parties. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress ("Marks") of CyberPower, its affiliates or other entities that have granted CyberPower the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of CyberPower. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the content of the Website in any way without CyberPower's or the appropriate third party's prior written permission. You have no implied rights to use CyberPower's or any third party's intellectual property appearing on the Website. All trademarks, logos, and service marks displayed on this website are the property of CyberPower, its licensors or content providers, or other third parties. They are protected and may not be used without the owner’s prior written permission, except as otherwise described within the website. Disclaimers: THIS SITE AND THE CONTENT IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND AND YOU USE THE WEBSITE AT YOUR OWN RISK. CYBERPOWER RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY OF ITS FEATURES AT ANY TIME. CYBERPOWER DOES NOT REPRESENT OR WARRANT THAT THIS SITE AND ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, RELIABLE, OR TIMELY. Downloads: CyberPower cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs. Limitation of Liability: BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE. IN NO EVENT SHALL CYBERPOWER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOVER FROM THE USE OF THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. Indemnification: You agree to indemnify, defend, and hold harmless CyberPower and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs resulting from any violation of these terms and conditions or any activity related to your Internet account. Jurisdiction and Applicable Law: The laws of the State of Minnesota govern these Terms of Use and your use of this website. Those who access this site outside the State of Minnesota do so of their own initiative and are responsible for compliance with applicable local laws. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF SCOTT, STATE OF MINNESOTA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. Agreement, Admissibility, and Severability: This agreement and any policies or operating rules posted on this website constitute the entire agreement about the Terms of Use for this website. If any provision of this agreement is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place. Modifications to Terms of Use: CyberPower reserves the right to change, modify, add, and/or remove any portion of our Terms of Use, in whole or in part, at any time by posting revised terms. You are responsible for regularly reviewing the terms and conditions. Your continued use of the site after such changes means that you accept the changes.

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