LEGAL
TERMS OF USE.
These Terms of Use govern access to the WindIQ Asia website.
These Terms of Use ("Terms") govern your access to and use of the Wind IQ Asia website, including www.windiqasia.com and any related webpages, content, features, forms, or services made available through the website (collectively, the "Website").
The Website is operated by or on behalf of Wind IQ Asia ("Wind IQ Asia," "we," "us," or "our").
By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you should not access or use the Website.
1. Informational Purpose; No Professional Advice
The Website and all information provided through it are intended for general informational, educational, business-development, and project-discussion purposes only.
Nothing contained on the Website constitutes engineering, architectural, financial, investment, legal, regulatory, environmental, permitting, construction, procurement, or other professional advice or services.
Information provided on the Website should not be relied upon as a substitute for site-specific analysis, engineering review, professional consultation, regulatory approval, or other appropriate due diligence.
Wind IQ Asia does not undertake any professional duty or obligation to any Website user merely because the user accesses the Website, reviews information on the Website, submits an inquiry, or communicates with Wind IQ Asia through the Website.
2. Technology and Performance Information
The Website may contain descriptions, specifications, dimensions, photographs, videos, illustrations, renderings, diagrams, models, anticipated energy-production information, potential applications, performance information, estimated savings, cost information, comparisons, or other technical information concerning Wind IQ technology or potential projects.
Unless expressly stated otherwise in a definitive written agreement executed by an authorized representative of Wind IQ Asia, such information is provided solely for general informational and illustrative purposes.
Actual turbine performance, energy generation, project economics, costs, savings, reliability, availability, installation requirements, maintenance requirements, environmental characteristics, and other project results may vary materially based upon numerous factors, including without limitation:
- available wind resources and wind characteristics;
- site location and topography;
- turbine placement and configuration;
- surrounding buildings, vegetation, terrain, and obstructions;
- weather and environmental conditions;
- electrical infrastructure and interconnection requirements;
- equipment configuration;
- installation conditions;
- maintenance and operation;
- permitting and regulatory requirements;
- utility requirements;
- project scale;
- engineering requirements; and
- other site-specific or project-specific conditions.
No information appearing on the Website constitutes a representation, warranty, certification, engineering conclusion, production guarantee, savings guarantee, performance guarantee, or commitment regarding any particular turbine, installation, location, or project.
All project specifications, anticipated performance, costs, savings, installation requirements, and other material project terms must be separately evaluated and, where applicable, established in a definitive written agreement.
3. Project Evaluation and Site Suitability
Wind-energy projects are inherently site-specific.
The appearance of a particular application, industry, location, property type, or project type on the Website does not mean that Wind IQ technology is appropriate, feasible, permitted, economical, or available for that particular application or location.
Project feasibility may depend upon wind-resource assessment, site conditions, engineering analysis, electrical requirements, permitting, environmental considerations, utility requirements, interconnection, financing, construction considerations, applicable laws and regulations, and other factors.
Wind IQ Asia reserves the right to determine whether a proposed project warrants further evaluation and makes no representation that any particular site or proposed project will qualify for development.
4. No Offer, Contract, Partnership, or Commitment
Nothing on the Website constitutes an offer to sell equipment or services, an offer to enter into a project, a solicitation of an investment, or a binding commitment by Wind IQ Asia.
Submitting a contact form, project inquiry, request for technical information, or other communication through the Website does not create a contract or other binding obligation.
Communications or discussions arising from Website inquiries do not, by themselves, create any partnership, joint venture, agency, fiduciary relationship, distributorship, dealership, franchise, exclusivity arrangement, development right, territorial right, or other legal relationship.
No project, sale, license, distribution arrangement, development arrangement, investment, or other business relationship shall be binding upon Wind IQ Asia unless and until the applicable parties execute a definitive written agreement through duly authorized representatives.
5. No Investment Offering
Nothing contained on the Website constitutes or should be construed as an offer to sell, a solicitation of an offer to purchase, or a recommendation regarding any security, investment interest, partnership interest, or other financial instrument.
Any investment opportunity involving Wind IQ Asia, Wind IQ, an affiliate, or a particular project, if offered, would be subject to separate documentation and applicable securities laws.
6. Website Information and Changes
Wind IQ Asia seeks to provide useful and accurate information but does not warrant that Website content is complete, current, accurate, error-free, or applicable to any particular situation.
Technology, specifications, designs, products, services, project configurations, geographic markets, availability, business plans, and other information may be modified, updated, discontinued, or replaced without notice.
Wind IQ Asia may modify, suspend, restrict, or discontinue any portion of the Website at any time without liability.
7. Acceptable Use
You may use the Website only for lawful purposes.
You may not:
- interfere with or disrupt the operation or security of the Website;
- attempt to obtain unauthorized access to the Website, servers, systems, accounts, or data;
- introduce viruses, malicious code, automated attacks, or other harmful technology;
- scrape, crawl, harvest, copy, or systematically extract Website content except as permitted by applicable law;
- impersonate another person or entity;
- submit false, misleading, fraudulent, unlawful, or malicious information;
- use the Website to violate the rights of Wind IQ Asia or any third party;
- circumvent security or access-control measures;
- use Website content in violation of applicable intellectual-property laws; or
- use the Website for any unlawful, fraudulent, or abusive purpose.
Wind IQ Asia may restrict or terminate access to the Website for conduct that it reasonably believes violates these Terms or threatens the Website, Wind IQ Asia, its affiliates, or others.
8. Intellectual Property
Unless otherwise stated, the Website and its content—including text, photographs, videos, graphics, illustrations, diagrams, designs, layouts, software, interfaces, and other materials—are owned by, licensed to, or used with permission by Wind IQ Asia and are protected by applicable intellectual-property laws.
You may view Website content for legitimate informational and business-evaluation purposes.
Except as permitted by applicable law or with prior written permission, you may not reproduce, distribute, publish, modify, transmit, display, license, create derivative works from, commercially exploit, or otherwise use Website content.
No right, title, or interest in Website content is transferred to you through your use of the Website.
9. Trademarks
Wind IQ, Wind IQ Asia, associated logos, product names, slogans, designs, and other source identifiers displayed on the Website may be trademarks, service marks, trade names, or other protected intellectual property of Wind IQ Asia, Wind IQ, their affiliates, or their licensors.
Nothing on the Website grants any license or right to use any such mark without prior written authorization from the applicable owner.
10. Project Inquiries and User Submissions
The Website may permit you to submit contact information, project descriptions, site information, technical questions, or other materials ("Submissions").
You represent that you have the right to provide any information contained in a Submission and that your Submission does not violate applicable law or the rights of another person.
By submitting information, you authorize Wind IQ Asia and its affiliates, representatives, consultants, contractors, and service providers to use, review, reproduce, transmit, and internally distribute the information as reasonably necessary to evaluate your inquiry, communicate with you, assess a potential project, and conduct related business activities.
Unless Wind IQ Asia has separately entered into a written confidentiality or nondisclosure agreement covering the information, you should not submit trade secrets, highly sensitive information, proprietary technical information, or other information that you require Wind IQ Asia to treat as confidential.
Submission of information through the Website does not, by itself, create a confidential, fiduciary, advisory, or other special relationship between you and Wind IQ Asia.
11. Privacy
Your use of the Website and submission of personal information are also subject to the Wind IQ Asia Privacy Policy.
The Privacy Policy describes how Wind IQ Asia may collect, use, disclose, retain, and otherwise process information obtained through the Website.
By using the Website, you acknowledge the practices described in the Privacy Policy, subject to rights provided by applicable law.
12. Electronic Communications
When you submit information through the Website or communicate electronically with Wind IQ Asia, you consent to receiving communications from Wind IQ Asia electronically in connection with your inquiry or potential project.
Electronic communications may include email, Website communications, or other electronic means permitted by applicable law.
Nothing in this section requires either party to enter into a transaction electronically or creates a binding project agreement through electronic communications alone.
13. Third-Party Websites and Services
The Website may contain links to, integrate with, or rely upon third-party websites, platforms, hosting providers, video providers, analytics services, mapping services, social-media services, or other third-party resources.
Wind IQ Asia does not control and is not responsible for the availability, security, accuracy, content, products, services, privacy practices, or other practices of third parties.
Links to third-party resources are provided for convenience and do not necessarily constitute endorsement, sponsorship, or affiliation.
Your use of third-party websites and services is governed by the terms and policies of those third parties.
14. International Use
Wind IQ Asia anticipates conducting business and evaluating projects in multiple jurisdictions, including the Philippines and potentially other Asian markets.
The availability of Website content in a particular country or jurisdiction does not constitute a representation that any Wind IQ product, technology, project, service, investment, or business arrangement is approved, certified, licensed, available, or lawful in that jurisdiction.
Users accessing the Website outside the United States are responsible for compliance with laws applicable to them and their activities.
Any actual project will be subject to applicable local laws, permitting requirements, regulatory approvals, technical requirements, and definitive project documentation.
15. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT, INFORMATION, MATERIALS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WIND IQ ASIA DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RELIABILITY.
WIND IQ ASIA DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, FREE FROM HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT SUCH LAW APPLIES, THE FOREGOING EXCLUSIONS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIND IQ ASIA AND ITS PARENTS, AFFILIATES, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, CONSULTANTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, DATA, GOODWILL, ENERGY PRODUCTION, ANTICIPATED SAVINGS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO:
- access to or use of the Website;
- inability to access or use the Website;
- reliance upon Website information;
- Website errors or omissions;
- third-party websites or services;
- project inquiries or communications; or
- any other matter relating to the Website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WIND IQ ASIA'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WIND IQ ASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
17. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Wind IQ Asia and its parents, affiliates, owners, members, managers, directors, officers, employees, agents, representatives, contractors, consultants, licensors, and service providers from and against claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
- your misuse of the Website;
- your violation of these Terms;
- your violation of applicable law;
- your infringement or violation of another person's rights; or
- information or materials you submit through the Website.
Wind IQ Asia reserves the right to assume control of the defense of any matter otherwise subject to indemnification, in which event you agree to reasonably cooperate in the defense.
18. Governing Law
These Terms and any dispute, claim, controversy, or cause of action arising out of or relating to the Website, these Terms, or your use of the Website shall be governed by and construed in accordance with the laws of the State of Utah, United States of America, without regard to its conflict-of-laws principles.
19. Exclusive Jurisdiction and Venue
To the fullest extent permitted by applicable law, any action, proceeding, claim, or dispute arising out of or relating to the Website, these Terms, or use of the Website shall be brought exclusively in the state courts located in Box Elder County, Utah, or, where federal subject-matter jurisdiction exists, in the United States District Court for the District of Utah.
You irrevocably consent to the personal jurisdiction of those courts and waive, to the fullest extent permitted by law, any objection based upon personal jurisdiction, venue, inconvenient forum, or similar grounds.
Nothing in this section prevents Wind IQ Asia from seeking temporary, preliminary, or other equitable relief in another jurisdiction when reasonably necessary to protect its intellectual property, confidential information, Website security, or other rights.
20. No Waiver
Wind IQ Asia's failure or delay in enforcing any provision of these Terms does not constitute a waiver of that provision or any other right.
Any waiver must be expressly made in writing by an authorized representative of Wind IQ Asia.
21. Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.
22. Assignment
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Wind IQ Asia.
Wind IQ Asia may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, restructuring, sale of assets, reorganization, affiliate transaction, or other business transaction.
23. Entire Agreement
These Terms, together with the Privacy Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and Wind IQ Asia concerning your use of the Website and supersede prior or contemporaneous understandings concerning Website use.
These Terms do not supersede or modify any separately executed written agreement between you and Wind IQ Asia. If a separately executed agreement conflicts with these Terms concerning the subject matter of that agreement, the separately executed agreement controls.
24. Changes to These Terms
Wind IQ Asia may revise these Terms from time to time.
Updated Terms will be posted on the Website with a revised effective date. Your continued use of the Website after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by applicable law.
25. Contact Information
Questions regarding these Terms may be directed to:
Wind IQ Asia
50 West Forest Street #204
Brigham City, Utah 84302
United States of America
Email: projects@windiqasia.com
Phone: (435) 230-8550
