Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Northbeam Gridworks website and any services provided through the website. By accessing or using our website, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our website. These Terms apply to all visitors, users, and others who access or use our website.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the "Effective Date" at the top of these Terms and, where appropriate, providing more prominent notice (such as a banner on our website). Your continued use of our website after any changes constitutes acceptance of the updated Terms.

3. Access and Use of the Website

3.1 License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website for your personal or internal business purposes.

3.2 Restrictions

You agree not to:

• Use our website for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to any portion of our website or any systems connected to our website
• Use any automated means to access, monitor, or copy content from our website without our prior written consent
• Interfere with or disrupt the operation of our website or the servers on which it is hosted
• Transmit any viruses, worms, defects, Trojan horses, or other harmful or malicious code
• Remove or alter any proprietary notices or labels on our website

3.3 Account Responsibility

If you create an account or access restricted areas of our website, you are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Intellectual Property

4.1 Our Content

All content on our website, including text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Northbeam Gridworks or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from our website without our prior written permission.

4.2 Trademarks

Northbeam Gridworks, the Northbeam Gridworks logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Northbeam Gridworks. You may not use these marks without our prior written permission. Other names, logos, product and service names, designs, and slogans displayed on our website are trademarks of their respective owners.

4.3 Feedback

If you provide us with any feedback, suggestions, or ideas about our website or services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and distribute such feedback without any obligation to you.

5. User Content

If you submit any content to our website (such as through contact forms or support requests), you retain ownership of that content. However, by submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content solely for the purpose of responding to your inquiry or providing requested services.

You represent and warrant that you own or have the necessary rights to submit any content you provide, and that your content does not violate any third-party rights or applicable laws.

6. Professional Services

Any professional services provided by Northbeam Gridworks (such as consulting, engineering, or advisory services) are governed by separate engagement agreements or statements of work. These Terms do not govern the delivery of professional services, except to the extent that such services are accessed through or ordered via our website.

7. Disclaimer of Warranties

OUR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT OUR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT ON OUR WEBSITE
• WARRANTIES THAT ANY DEFECTS WILL BE CORRECTED

WE DO NOT WARRANT THAT OUR WEBSITE MEETS YOUR REQUIREMENTS OR THAT ANY SERVICES OR INFORMATION OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE OR RELIABLE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NORTHBEAM GRIDWORKS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• LOSS OF GOODWILL OR REPUTATION
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
• DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR WEBSITE
• DAMAGES ARISING FROM ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITE

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR WEBSITE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU PAID TO NORTHBEAM GRIDWORKS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

9. Indemnification

You agree to indemnify, defend, and hold harmless Northbeam Gridworks, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your access to or use of our website
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit to our website

10. Termination

We reserve the right to suspend or terminate your access to our website at any time, without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to access or use our website will immediately cease.

All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or your use of our website shall be resolved through binding arbitration in Denver, Colorado, in accordance with the rules of the American Arbitration Association.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Northbeam Gridworks regarding your use of our website and supersede all prior agreements and understandings.

12.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any term shall be effective unless in writing and signed by an authorized representative of Northbeam Gridworks.

12.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

12.5 Headings

The headings in these Terms are for convenience only and have no legal or contractual effect.

13. Contact Information

If you have questions about these Terms, please contact us: