Terms of Service & Privacy Policy

Terms of Service &
Privacy Policy

 

STANDARD TERMS AND CONDITIONS

Project Initiation:

A signed Affinity Energy acknowledgement or customer’s purchase order including all relevant terms and conditions, is required prior to project execution. We prefer to receive purchase orders in electronic format emailed to: sales@affinityenergy.com.

If you must send a hardcopy, please mail to:

Affinity Energy
11900 Sam Roper Drive
Charlotte, NC 28269
Attn: Sales Department

Unpaid Invoices:

A finance charge of 1.5% per month on the undisputed unpaid amount of an invoice, or the maximum amount allowed by law, will be charged on past due accounts. Payments by the customer will thereafter be applied first to accrued interest and then to the principal unpaid balance. Any attorney fees, court costs, or other costs incurred in collection of delinquent accounts shall be paid by the customer.

Acceptance:

Affinity Energy will reserve the right to accept/refuse the customer purchase order if it deviates from the quote or these terms and conditions, or if the customer chooses to order only a part of the products and services quoted above.

Liability:

Affinity Energy is not responsible for any negligence or misuse of the system, whether deliberate or accidental.

Product Warranty:

All hardware and software supplied by Affinity Energy will carry the OEM warranty. The warranty will transfer “as-is” to the customer. Affinity Energy will help manage any problems reported with the product for the length of the product warranty or the length of the Affinity Energy service warranty, whichever expires first.

Service Warranty:

Affinity Energy provides a three (3) year warranty on all services provided as part of this quotation. Upon completion of integration services, Affinity Energy will require the customer to complete a customer acceptance form. Upon sign-off of the customer acceptance form, the warranty period will commence. Affinity Energy will attempt to resolve warranty issues remotely. In the event Affinity Energy personnel are required on-site, Owner/Customer agrees to issue a T&M Purchase Order at published Affinity Energy rates prior to technician dispatch. The T&M Purchase Order will be charged if:

  • No trouble is found by Affinity Energy personnel at site (we strongly encourage Owner/Customer to have a representative meet the Affinity Energy personnel on-site)
  • Affinity Energy personnel are denied entry/access to equipment
  • The cause of the problem was not due to Affinity Energy provided equipment or services, including any accidental or intentional modification made by others.

Termination or Cancellation:

All requests to terminate or cancel a purchase order must be made in writing. Termination for cause must be given in writing and provide a ten (10) day cure notice. Terminations for convenience must also be made in writing with a thirty (30) day notification. If Affinity Energy accepts such a request, Affinity Energy will immediately cease work on the order and bill the customer for work incurred to date.

Request for Change Orders:

This quote is firm for the scope, price, quantities, and every other detail outlined in the quote. Each customer request for changes in terms of scope, price, quantities, etc. must be made in writing. Affinity Energy reserves the right to accept or deny any requests. The Customer agrees to all price and schedule changes due to accepting any change order requests. The original payment and other commercial terms will be applied to any change order accepted.

Taxes:

A sales tax estimate has been included as part of the quotation. If sales tax is not to be charged, the customer must provide a tax-exempt certificate to Affinity Energy with the purchase order or order acknowledgement.

Insurance:

Affinity Energy maintains comprehensive insurance coverage. A certificate of insurance is available upon request.

Confidentiality:

Affinity Energy will treat all information provided to Affinity Energy by the customer as confidential. Additionally, all new information created by Affinity Energy for the customer will be treated as confidential.

Certifications:

  • Affinity Energy is HUB and MBE certified by the State of North Carolina
  • Affinity Energy is SWAM certified by the State of Virginia

 

WARRANTY AGREEMENT

Affinity Energy warrants the installation, configuration, programming and commissioning services related to instrumentation, controls and SCADA system for three (3) years after the significant completion date listed above. All hardware and software supplied by Affinity Energy will carry the original OEM warranty supplied from the manufacturer included with this document. The warranty will transfer “as-is” to the customer. Affinity Energy will help manage any problems reported with the product for the length of the product warranty or the length of the Affinity Energy service warranty, whichever expires first.

For the purposes of this Warranty Agreement the above project shall be deemed Significantly Completed upon commissioning services, see above date, with only minor punch list items remaining to be completed. This Warranty Agreement will not be binding until Affinity Energy has received payment in full inclusive of all change orders. Affinity Energy makes no warranties as to items or components furnished or warranted by others, or as to any service/component which is furnished by Affinity Energy and is altered, damage or misused by others. Affinity Energy further makes no warranties as to items or components damaged by storm, flooding, lightening, hurricane, tornado, earthquake, fire, instability of the sub-surface or foundation, chemical or biological effects or other casualties. This Warranty Agreement is applicable only to damage to or failure caused by normal atmospheric exposure. Deterioration caused by excessive exposure to standing water, whether salt or fresh, or any exposure to corrosive chemicals, ash or fumes, or any other foreign chemical substances is specifically excluded from this Warranty Agreement.

This Warranty Agreement does not cover any hardware/services not provided by Affinity Energy. This Warranty Agreement does not cover any hardware under OEM warranty provided with this document.

In the event of a claim against Affinity Energy which is based on this Warranty Agreement, the Owner/Customer agrees to promptly notify Affinity Energy in writing regarding the alleged breach of this Warranty Agreement. The Owner/Customer specifically waives any and all warranty claims in the event that Affinity Energy does not receive written notification of a warranty claim within thirty (30) days of the occurrence generating the warranty claim. If the warranty claim is covered in this Warranty Agreement, the Owner/Customer’s sole remedy under this Warranty Agreement is the repair or replacement of goods related to the services provided by Affinity Energy.

The foregoing limited express warranty is in lieu of all other warranties and, except as provided above, Affinity Energy makes no representation, guaranty or warranty, express or implied, with respect to the services and hardware it is supplying pursuant to this Warranty Agreement. Except as otherwise provided above, Affinity Energy hereby disclaims all representations, guaranties and warranties of merchantability, fitness for a particular purpose or habitability. There is no warranty express or implied other than that warranty specifically and expressly provided above.

Affinity Energy reserves the right to inspect the hardware alleged to have breached this Warranty Agreement. The Owner/Customer agrees to hold and protect the hardware alleged to have breached this Warranty Agreement until the Owner/Customer is instructed to do otherwise by Affinity Energy. While the hardware is in the Owner/Customer’s possession, the Owner/Customer shall not alter the hardware. The Owner/Customer agrees to hold or protect the hardware complained of and provide Affinity Energy the unencumbered right and opportunity to timely inspect fully the hardware alleged by the Owner/Customer to have breached this Warranty Agreement.

Affinity Energy will attempt to resolve warranty issues remotely. In the event Affinity Energy personnel are required on-site, Owner/Customer agrees to issue a T&M Purchase Order prior to technician dispatch to be billed at Affinity Energy’s standard rates for 1) no trouble found by Affinity Energy personnel at site (we strongly encourage Owner/Customer to have a representative meet the Affinity Energy personnel on-site); 2) Affinity Energy personnel are denied entry/access to equipment; or 3) the cause of the problem was not due to Affinity Energy provided equipment or services.

The Owner/Customer expressly waives all rights it may have against Affinity Energy, its officers, employees or agents for damages caused or alleged to be caused by Affinity Energy of the hardware/services provided to the extent it is covered by any insurance applicable to the damages asserted.

Affinity Energy’s obligations are strictly limited to the obligations expressly set forth in this Warranty Agreement. Affinity Energy neither assumes nor authorizes any person to assume on its behalf any other obligation not set forth in this Warranty Agreement.

The Owner/Customer agrees that Affinity Energy is only willing to provide this Warranty Agreement on certain terms and conditions, one of which is that Affinity Energy shall have no liability to the Owner/Customer for indirect, incidental, consequential, exemplary, punitive or special damages arising directly or indirectly from the product or its installation, including but not limited to, loss of use, revenue or profit. As such, the Owner/Customer agrees that, in the event of a default or other acts or omissions by Affinity Energy alleged to have caused damages, the Owner/Customer shall be entitled to recover from Affinity Energy only those actual damages to the hardware/services, and that, in all cases, the Owner/Customer’s damages recoverable from Affinity Energy, whether based on tort, breach of contract, or any other cause of action, shall be limited to a maximum amount equal to the amount paid by the Owner/Customer to Affinity Energy for the hardware/services provided. Under no circumstances whatsoever will Affinity Energy’s liability to the Owner/Customer for damages, whether based on tort, breach of contract or any other cause of action, exceed the amount paid by the Owner/Customer to Affinity Energy for the hardware/services provided.

The above provided Warranty Agreement extends only to claims of the Owner/Customer. Third parties shall have no rights or benefits under this Warranty Agreement unless transferred by the initials Owner/Customer to a subsequent purchaser and with prior written notification provided to and approval received from Affinity Energy. The Owner/Customer shall defend, indemnify and hold forever harmless Affinity Energy and its officers, agents and employees from and against all claims by third parties, including reasonable attorneys’ fees, for damages, injuries or losses sustain by third parties as a result of the Owner/Customer’s use or misuse of the hardware/services provided. The Owner/Customer shall retain responsibility for system alterations, damage, or misuse by a third party that affect hardware/software installed, configured, programmed, and/or commissioned by Affinity Energy. Only the Owner/Customer has the right to a warranty claim under this agreement.  In the event Affinity Energy is notified of a potential claim that is not determined to fall under this warranty, the Owner/Customer initiating the warranty investigation is responsible for Affinity Energy time and expenses as a service call.

 

 

ONLINE TERMS AND CONDITIONS

This website is operated by Affinity Energy. Throughout the site, the terms “we”, “us” and “our” refer to Affinity Energy. Affinity Energy offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 6 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the site is governed by our Privacy Policy.

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Affinity Energy, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Affinity Energy and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 15 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Charlotte, NC.

SECTION 17 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at marketing[at]affinityenergy.com.

 

PRIVACY POLICY

This privacy policy discloses the privacy practices for www.affinityenergy.com. This privacy policy applies solely to information collected by this website. It will notify you of the following:

What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.

  • What choices are available to you regarding the use of your data.
  • The security procedures in place to protect the misuse of your information.
  • How you can correct any inaccuracies in the information.
  • Information collection, use, and sharing.

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

SECTION 1 - YOUR ACCESS TO AND CONTROL OVER INFORMATION

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via marketing[at]affinityenergy.com:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.

SECTION 2 - SECURITY

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

SECTION 3 - COOKIES

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

SECTION 4 - SHARING

We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

SECTION 5 - LINKS

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

SECTION 6 - SURVEYS & CONTESTS

From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

SECTION 7 - UPDATES

Our Privacy Policy may change from time to time and all updates will be posted on this page.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via marketing[at]affinityenergy.com