WEBSITE TERMS OF USE 
VERSION 1.0 
LAST REVISED ON: OCTOBER 20, 2023 

The website located at www.mojavehvac.com (the “Site”) is a copyrighted work belonging to Mojave Energy Systems,  Inc (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms,  or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and  rules are incorporated by reference into these Terms. 

THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND  CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE  ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND  YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO  ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT).  YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18  YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT  ACCESS AND/OR USE THE SITE. 

PLEASE BE AWARE THAT SECTION 8.2 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE  DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 8.2 INCLUDES AN  AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL  DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION.  SECTION 8.2 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ  SECTION 8.2 CAREFULLY. 

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS: (1) YOU WILL  ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN  INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR  REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE  IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING  YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND  TO HAVE A JURY TRIAL. 

1. ACCOUNTS  

1.1 Account Creation. In order to use certain features of the Site, you must register for an account  (“Account”) and provide certain information about yourself as prompted by the account registration form. You  represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will  maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following  the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 7.  

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account  login information and are fully responsible for all activities that occur under your Account. You agree to immediately  notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of  security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the  above requirements. 

2. ACCESS TO THE SITE  

2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable,  limited license to use and access the Site solely for your own personal, noncommercial use. 

2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following  restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make  derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the  Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein,  no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted  in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality  of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content  displayed on the Site) must be retained on all copies thereof. 

2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Site  (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third  party for any modification, suspension, or discontinuation of the Site or any part thereof. 

2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation  to provide you with any support or maintenance in connection with the Site. 

2.5 Quotes for Informational Purposes Only. 

YOU ACKNOWLEDGE AND AGREE THAT: (a)  ANY QUOTE OR PRICING PROVIDED ON THE SITE IS FOR REFERENTIAL AND INFORMATIONAL  PURPOSES ONLY, IS NON-BINDING, AND DOES NOT CONSTITUTE AN OFFER BY THE COMPANY TO  SELL OR AN ACCEPTANCE BY COMPANY OF AN OFFER TO BUY ANY PRODUCTS OR SERVICES; AND  (b) THE PROVISION OF ANY QUOTE OR PRICING FOR ANY PRODUCTS OR SERVICES ON THE SITE  DOES NOT GUARANTEE THAT THE COMPANY DOES OR WILL CONTINUE TO HAVE, SELL, OR MAKE  AVAILABLE SUCH PRODUCTS AND SERVICES FOR SALE.  

Company has no obligation to sell or provide any products or services as a result of any quote or pricing provided on  the Site. Company will have no obligation to sell or provide any products or services to you unless and until Company  has accepted a separate order from you in accordance with any terms of purchase applicable thereto, and,  notwithstanding any quote or pricing provided on the Site, the pricing for any products or services purchased through  such an order will be as agreed between you and Company in such order. In the absence of an agreement between you  and the Company to the contrary, Company remains free to change or revise the pricing for its products and services  and may stop selling or making available any products or services at any time in its sole discretion.  

2.6 Ownership. You acknowledge that all the intellectual property rights, including copyrights,  patents, trade marks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers.  Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to  such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and  its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. 

2.7 Feedback. If you provide Company with any feedback or suggestions regarding the Site  (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right  to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will  treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not  submit to Company any information or ideas that you consider to be confidential or proprietary. 

3. INDEMNIFICATION. You agree to indemnify and hold Company (and its officers, employees, and agents)  harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out  of (a) your use of the Site, (b) your violation of these Terms or (c) your violation of applicable laws or regulations.  Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you  are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any  matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such  claim, action or proceeding upon becoming aware of it. 

3. THIRD-PARTY LINKS & ADS; OTHER USERS 

4.1 Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or  display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company  provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor,  endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links  & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on  any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s  privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate  before proceeding with any transaction in connection with such Third-Party Links & Ads. 

4.2 Other Users. Your interactions with other Site users are solely between you and such users. You  agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If  there is a dispute between you and any Site user, we are under no obligation to become involved. 

4.3 Release. You hereby release and forever discharge Company (and our officers, employees, agents,  successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim,  controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including  personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates  directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL  CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL  RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT  KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,  WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT  WITH THE DEBTOR OR RELEASED PARTY.” 

5. DISCLAIMERS  

THE SITE AND ANY INFORMATION PROVIDED THEREON IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR ANY OF THE COMPANY’S PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYSFROM THE DATE OFFIRST USE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

6. LIMITATION ON LIABILITY 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR  SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS  OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,  INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR  YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION  AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR  COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE  CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR  RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS. THE  EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR  SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR  INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY  NOT APPLY TO YOU. 

7. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while  you use the Site. We may suspend or terminate your rights to use the Site (including your Account) at any time for  any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of  your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including  for termination of your Account. Even after your rights under these Terms are terminated, the following provisions  of these Terms will remain in effect: Sections 2.2 through 2.7 and Sections 3 through 8.

 

7. GENERAL 

8.1 Changes. These Terms are subject to occasional revision, and if we make any substantial changes,  we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by  prominently posting notice of the changes on our Site. You are responsible for providing us with your most current  e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not  capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will  nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site following  notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms  and conditions of such changes. 

8.2 Dispute Resolution. Please read the following arbitration agreement in this Section (the  “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company, its parent companies,  subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and  representatives (collectively, the “Company Parties”) and limits the manner in which you can seek relief from the  Company Parties. 

(a) Applicability of Arbitration Agreement. You agree that any dispute between you and  any of the Company Parties relating in any way to the Site, the services offered on the Site (the “Services”) or these  Terms will be resolved by binding arbitration, rather than in court, except that (1) you and the Company Parties may  assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on  an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement  or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets,  copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms  (in accordance with the preamble) or any prior version of these Terms. This Arbitration Agreement does not  preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law  allows, seek relief against the Company Parties on your behalf. For purposes of this Arbitration Agreement,  “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior  versions of the Agreement as well as claims that may arise after the termination of these Terms. 

(b) Informal Dispute Resolution. There might be instances when a Dispute arises between  you and Company. If that occurs, Company is committed to working with you to reach a reasonable resolution. You  and Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low‐cost and mutually  beneficial outcome. You and Company therefore agree that before either party commences arbitration against the  other (or initiates an action in small claims court if a party so elects), we will personally meet and confer  telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your  counsel may participate in the conference, but you will also participate in the conference. 

The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute  Resolution Conference (“Notice”), which shall occur within 45 days after the other party receives such Notice, unless  an extension is mutually agreed upon by the parties. Notice to Company that you intend to initiate an Informal Dispute  Resolution Conference should be sent by email to: [email protected], or by regular mail to 623 N Pastoria Ave,  Sunnyvale, California 94085. The Notice must include: (1) your name, telephone number, mailing address, e‐mail  address associated with your account (if you have one); (2) the name, telephone number, mailing address and e‐mail  address of your counsel, if any; and (3) a description of your Dispute. 

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held  each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in  similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal  Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the  Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from  engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute  Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration.  The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute  Resolution Conference process required by this section. 

(c) Arbitration Rules and Forum. These Terms evidence a transaction involving interstate  commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal  Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement  and any arbitration proceedings. If the Informal Dispute Resolution Process described above does not resolve  satisfactorily within 60 days after receipt of your Notice, you and Company agree that either party shall have the  right to finally resolve the Dispute through binding arbitration. The Federal Arbitration Act governs the interpretation  and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy  under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’ most current version of the  Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/;  all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and  Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available  at www.jamsadr.com or by calling JAMS at 800-352-5267. A party who wishes to initiate arbitration must provide  the other party with a request for arbitration (the “Request”). The Request must include: (1) the name, telephone  number, mailing address, e‐mail address of the party seeking arbitration and the account username (if applicable) as  well as the email address associated with any applicable account; (2) a statement of the legal claims being asserted  and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good‐faith calculation  of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Informal Dispute  Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees  in connection with such arbitration. 

If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone  number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel  certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the  circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause  unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal  contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing  existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if  specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation  or discovery. 

Unless you and Company otherwise agree, or the Batch Arbitration process discussed in Subsection 8.2(h) is triggered,  the arbitration will be conducted in the county where you reside. Subject to the JAMS Rules, the arbitrator may direct  a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Your  responsibility to pay any JAMS fees and costs will be solely as set forth in the applicable JAMS Rules. 

You and Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept  confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and  then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration  proceedings confidential. 

(d) Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all  disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation,  applicability, enforceability or formation of this Arbitration Agreement or any portion of the Arbitration Agreement,  except for the following: 

(1) all Disputes arising out of or relating to the subsection entitled “Waiver of Class or Other Non-Individualized Relief,” including any claim that all or part of the subsection entitled “Waiver of Class or Other Non-Individualized Relief” is unenforceable, illegal, void or voidable, or that such subsection entitled “Waiver  of Class or Other Non-Individualized Relief” has been breached, shall be decided by a court of competent jurisdiction  and not by an arbitrator; 

(2) except as expressly contemplated in the subsection entitled “Batch Arbitration,” all  Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by  an arbitrator; 

(3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be  decided only by a court of competent jurisdiction and not by an arbitrator; and 

(4) all Disputes about which version  of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an  arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases  or parties, except as expressly provided in the subsection entitled “Batch Arbitration.” The arbitrator shall have the  authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to  award monetary damages and to grant any non-monetary remedy or relief available to an individual party under  applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator shall  issue a written award and statement of decision describing the essential findings and conclusions on which any award  (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall  follow the applicable law. The award of the arbitrator is final and binding upon you and us. Judgment on the  arbitration award may be entered in any court having jurisdiction. 

(e) Waiver of Jury Trial. 

EXCEPT AS SPECIFIED IN SECTION 8.2(A) YOU AND THE  COMPANY PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN  COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. 

You and the Company Parties are instead  electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration  Agreement, except as specified in Section 8.2(a) above. An arbitrator can award on an individual basis the same  damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in  arbitration, and court review of an arbitration award is subject to very limited review. 

(f) Waiver of Class or Other Non-Individualized Relief. 

YOU AND COMPANY  AGREE THAT, EXCEPT AS SPECIFIED IN SUBSECTION 8.2(H) EACH OF US MAY BRING CLAIMS  AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE,  OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE  BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE,  REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND  DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED  WITH THOSE OF ANY OTHER CUSTOMER OR USER. 

Subject to this Arbitration Agreement, the arbitrator may  award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent  necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor  shall it, affect the terms and conditions under the Subsection 8.2(h) entitled “Batch Arbitration.” Notwithstanding  anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to  any further appeal or recourse, that the limitations of this subsection, “Waiver of Class or Other Non-Individualized  Relief,” are invalid or unenforceable as to a particular claim or request for relief (such as a request for public  injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular  claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts  located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This  subsection does not prevent you or Company from participating in a class-wide settlement of claims.

(g) Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in  arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was  frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil  Procedure 11(b)). If you or Company need to invoke the authority of a court of competent jurisdiction to compel  arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect  from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing  an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied  any condition precedent to arbitration, including the Informal Dispute Resolution Process, is entitled to recover their  reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs. 

(h) Batch Arbitration. To increase the efficiency of administration and resolution of  arbitrations, you and Company agree that in the event that there are 100 or more individual Requests of a substantially  similar nature filed against Company by or with the assistance of the same law firm, group of law firms, or  organizations, within a 30 day period (or as soon as possible thereafter), the JAMS shall (1) administer the arbitration  demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the  batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each  batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and  administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined  by the arbitrator, and one final award (“Batch Arbitration”). 

All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or  factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties  disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the JAMS, and the  JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process  (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative  Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve  any disputes promptly. The Administrative Arbitrator’s fees shall be paid by Company. 

You and Company agree to cooperate in good faith with the JAMS to implement the Batch Arbitration process  including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize  the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the  arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration  proceedings. 

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration  or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly  set forth in this provision. 

(i) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this  Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: 623  N Pastoria Ave, Sunnyvale, California 94085, or email to [email protected], within 30 days after first becoming  subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that  you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of  these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other  arbitration agreements that you may currently have with us, or may enter into in the future with us. 

(j) Invalidity, Expiration. Except as provided in the subsection entitled “Waiver of Class or  Other Non-Individualized Relief”, if any part or parts of this Arbitration Agreement are found under the law to be  invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the  remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute  that you have with Company as detailed in this Arbitration Agreement must be initiated via arbitration within the  applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree  that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation  would apply in the applicable court of competent jurisdiction. 

(k) Modification. Notwithstanding any provision in these Terms to the contrary, we agree  that if Company makes any future material change to this Arbitration Agreement, you may reject that change within  30 days of such change becoming effective by writing Company at the following address: 623 N Pastoria Ave,  Sunnyvale, California 94085, or email to [email protected]. Unless you reject the change within 30 days of  such change becoming effective by writing to Company in accordance with the foregoing, your continued use of the  Site and/or Services, including the acceptance of products and services offered on the Site following the posting of  changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration  Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously  agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to  this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or  relating in any way to your access to or use of the Services or of the Site, any communications you receive, any  products sold or distributed through the Site, the Services, or these Terms, the provisions of this Arbitration  Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain  in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you  made to a prior version of these Terms. 

8.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import  regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical  data acquired from Company, or any products utilizing such data, in violation of the United States export laws or  regulations. 

8.4 Disclosures. Company is located at the address in Section 8.8. If you are a California resident, you  may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California  Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by  telephone at (800) 952-5210. 

8.5 Electronic Communications. The communications between you and Company use electronic  means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates  with you via email. For contractual purposes, you (a) consent to receive communications from Company in an  electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other  communications that Company provides to you electronically satisfy any legal requirement that such communications  would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights. 

8.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use  of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of  such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual  effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason,  held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or  unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted  by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of  the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or  otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract,  delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.  

8.7 Copyright/Trademark Information. Copyright © 2023 Mojave Energy Systems, Inc. All rights  reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property  of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of  such third party which may own the Marks. 

8.8 Contact Information: 

Phil Farese 

Address: 
623 N Pastoria Ave 
Sunnyvale, California 94085

Telephone: (669) 241-0722 
Email: [email protected]