Meltek's Terms of Service

Effective Date of Revision: 11/05/2025

THESE TERMS OF SERVICE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND ITS SCOPE.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THIS WEBSITE OR OUR SERVICES, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE.

Acceptance of the Terms

Welcome and thank you for your interest in Meltek Inc. and our Services (defined below in Section 2.c). The Terms of Service (“Terms”) are a binding Agreement between Meltek Inc (together with its successors and assigns, here forward described as “Meltek,” “Company,” “us,” “we,” and “our”) and you as a user (“you,” “user,” or “users”) of our website https://meltek.com (“Website”) and/or our Services, which expressly includes the App and any Services offered on any mobile application (“App”) that can be installed by users (such as, for example, app.meltek.io). These Terms govern your access to and use of Website and our Services.

Please read these Terms carefully before purchasing or using any of our Services or our Website. Your continued use of our Services or Website, or by checking an “I Agree” box when offered, will mean that you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to be bound by these Terms or the Privacy Policy, you must not access or use the Website or our Services.

This Website and our Services are offered and available to users who are 18 years of age or older and reside in the United States (although please see Terms of Sale below for Service limitations). By using the Website or our Services, you represent and warrant that you are of legal age to form a binding contract with Meltek and meet the residence requirements. If you do not meet all of these requirements, you must not access or use the Website or use our Services.

These Terms are the only terms that govern the provision of Services by Meltek to you.

Changes to the Terms

Meltek may revise and update these Terms from time to time in our sole discretion. All changes are effectively immediately when we post them, as indicated by the “Effective Date of Revision” date above and apply to all access to or use of the Website or Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change to these Terms is posted. Your continued use of the Website or Services following the posting of the revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes as they are binding on you.

Accessing the Website, Services and Account Security

Meltek reserves the right to withdraw or amend this Website and/or any Service we provide in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts, or all, of the Website or Services to users, including any users that have an account.

You are responsible for (i) making all arrangements necessary for you to have access to the Website or Services and (ii) ensuring that all persons who access the Website or Services through your internet connection are aware of these Terms and comply with them.

To access the Website or Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website or Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register for the Services, with the Website, or otherwise, including, but not limited to, through the use of any interactive features that are provided, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that any account you have with us for use of our Services is personal to you. You agree not to provide any other person with your account credentials or any other security information. You agree to notify us immediately if any unauthorized access to or use of your account credentials, including any username, password, or any other security information, occurs. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password, account credentials, or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Intellectual Property Rights

The Website and our Services, including their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Meltek, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website and our Services for your own personal, non-commercial use, or if you are a client/customer or potential client/customer of Meltek, for legitimate business purposes, provided that you do not modify or delete any copyright, trademark, or other proprietary notice that appears on any material that you access or use.

You must not:

• Use the Website or Services in breach of these Terms.
• Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website or our Services.
• Modify copies of any materials from the Website or Services.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from any copies of materials from the Website or Services.
• Access or use for any commercial purposes any part of the Website or Services or materials available through the Website or Services unless you are a client/customer or potential client/customer of Meltek and such use is for legitimate purposes.

If you wish to make any use of material on the Website or Services other than as set out in this Section, please address your request to: [email protected].

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Services in breach of the Terms, your right to use the same will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or Services, including any content on the Website or Services, is transferred to you and all rights not expressly granted are reserved by Meltek. Any use not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, or other applicable laws.

Trademarks

The Company name, its marks, including without limitation "MELTEK," the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Meltek or its licensors. You must not use such marks without the prior written permission of Meltek. Any other names, logos, product and service names, designs, and slogans on the Website or used in connection with the Services are the trademarks of their respective owners who have granted us the right and license to use such marks.

Prohibited Uses

You may use the Website and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website or Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm any individual under eighteen (18) years of age in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards as detailed below.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Services or which, as determined by us, may harm the Company or users of the Website or Services or expose them to liability.

Additionally, you agree not to:

Use the Website or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of same, including inhibiting a user’s ability to engage in real time activities through the Website or Services.

Use any robot, spider, or other automatic device, process, or means to access the Website or Services for any purpose, including the monitoring or copying any of the material on same.

Use any manual process to monitor or copy any of the material on the Website or Services or for any other purpose not expressly authorized in these Terms, without prior written consent from Meltek.

Use the Website or Service to establish a competitive product.

Use any device, software, or routine that interferes with the proper working of the Website or Services.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website or Services, including any server, computer, or database connected to the same.

Attack the Website or Services via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website or Services.

User may not reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the Website or Services, except as expressly authorized herein. User may not reverse engineer, decompile or disassemble any portion of the Website or Services, provided that to the extent the foregoing prohibitions are expressly prohibited by applicable statutory law, Meltek shall retain the maximum protection available against reverse engineering, decompiling, or disassembly under applicable law.

We cannot and do not assure that other users of our Website or Services are or will be compliant with permissible uses of such Website or Services, or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

Purchases of Services and Other Terms and Conditions

All purchases through our Website or App, or other transactions for the sale of Services, are governed by these Terms.

TERMS of SALE

Accounts

General.  To use the Services, user must create a user account through our App, which shall require the user to provide certain registration information, including, without limitation, the user’s name, email address, postal address, including zip code, if using remote access capabilities, equipment information, and if conducting financial transactions, any financial or account information required by those financial institutions. User acknowledges and agrees to provide accurate Account Information and shall notify Meltek immediately of any changes in such Account Information. Meltek will receive from your utility, energy usage data.

Eligibility.  User must be at least 18 years old to use the Services. User represents and warrants that: (a) User is at least 18 years old (or such other age as may be required in user’s jurisdiction to validly form legal agreements, if older than 18); (b) user has not previously been suspended or removed from the Services; (c) user has not relied on any representation, whether oral or otherwise, of Meltek or any employee, representative, or agent of Meltek as an inducement to entering into these Terms; and (d) user’s registration and user’s use of the Services is in compliance with any and all applicable laws and regulations.

If, as a user of the Services you also have a generator, you further represent and warrant that: (a) any use of generators meets all federal, state, and local regulations, and their permitted conditions, and (b) you abide by the guidelines provided by your utility provider.

If a user is acting on behalf of an entity, organization, or company, the user represents and warrants that they have authority to use any Services on behalf of such entity, organization, or company and shall comply with these Terms and user agrees to be bound by these Terms and any other agreement between such entity, organization, or company and Meltek.

Responsibility. User must choose a password that meets Meltek’s criteria, including being at least 10 characters long and including one uppercase letter and one number. User may change the password for user’s account at any time. User must maintain the confidentiality of user’s password. User is solely responsible for the activity that occurs on user’s account. Meltek will not be liable for any losses caused by unauthorized use of user’s account.

Fees. Unless otherwise noted, Demand Response Services and app usage are provided to users free of charge in consideration of Meltek’s right to monitor your energy consumption, to remotely access any devices that you add to your account (e.g., electric cars), and to coordinate and sell or otherwise monetize a user’s demand response, energy reductions, and load modifications. User acknowledges and agrees that user is not entitled to share in any revenues or benefits from such activities, or to receive any compensation, other than receiving Reward Points in accordance with Section 8.

Fees: Additional Meltek services selected by the user may have specific fees enumerated for the user’s approval. Purchase of additional services will in no way change users’ other rights or requirements.

License to Services

Use of the Services.  Subject to these Terms, Meltek grants User a non-exclusive, non-transferable and non-sublicensable right to access and use the Services solely for the purpose of managing user’s energy consumption as described below.

Restrictions on License.  The Services are licensed, not sold. Meltek and its licensors retain all right, title, and interest in and to the Services, all content and other subject matter contained in or made available through the Services, and all related intellectual property rights. User obtains no rights in or to the Services under these Terms or any content or other subject matter made available through the Services. User may not reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the Services, except as expressly authorized herein. User may not reverse engineer, decompile or disassemble any portion of the Services, provided that to the extent the foregoing prohibitions are expressly prohibited by applicable statutory law, Meltek shall retain the maximum protection available against reverse engineering, decompiling, or disassembly under applicable law. User also may not remove any patent, copyright, trade name, trademark, service mark, logo or other proprietary rights notice from the Services.

Description of Services.  The Services are designed to assist in and monitor energy and power reductions and load modifications at specific times in response to utility requests, customer needs, or to sell aggregate reductions on energy markets. For these purposes, the Services will monitor user’s energy consumption by, among other things, accessing and analyzing user’s electricity records on file with user’s utility company (“Utility Records”). Information concerning user’s energy reductions and load modifications is shared with energy market regulators, wholesalers, and retailers to measure the amount of energy saved through Meltek’s coordination of energy reductions. As part of the Services, Meltek may notify user of energy saving events, in which user can earn Reward Points that can be redeemed for rewards, such as gift cards or cash, in exchange for reducing user’s energy usage during the specified window. User may also authorize Meltek to remotely manage user’s devices on user’s behalf (including, but not limited to home appliances and thermostats) that are otherwise connected to the Internet through various enabling services (“Connected Devices”). To authorize Meltek to remotely manage Connected Devices, user must provide Meltek appropriate credentials to access such devices. To facilitate timely energy reduction, the Service contains a feature to automate the control of Connected Devices for user’s account, including during brief events in which Meltek will automatically power down user’s Connected Devices (“Gridout(s)”). Gridouts happen in response to real-time surges and problems in the energy grid, so Meltek may not provide advance notice of these events. User may at any time elect to manage user’s Connected Devices directly or to override any actions taken by the Services. These Connected Devices may be managed through services operated by third parties, such as the manufacturers of those devices and user’s use of such Connected Devices may be subject to the third-party provider’s terms and conditions (“Third Party Terms”).  To use the Services with user’s Connected Devices, user may need to provide certain log-in credentials or other authentications methods to the Connected Devices (the “Connected Device Credentials”). By providing the Connected Device Credentials for user’s device user warrants and represents that:

User has the authority and rights to provide user’s credentials or authenticate control of user’s devices to Meltek.

User’s use of Meltek is in compliance with all applicable Third-Party Terms.

User further agrees and understands:

User may override the automated control of user’s Connected Device for any specified time frame or Gridout event.

Meltek may experience issues in device control during an event or Gridout due to Internet, wireless connectivity, or other issue, including Service issues, and this may impact the ability to turn Connected Devices off and on.

User may need to manually control a Connected Device during an event or Gridout event. User will receive notification to participate in an event or Gridout and user may opt out for those events, in part or in whole. If a user opts in for the event (or has opted in to the enabling services for Connected Devices) Meltek will attempt to control all authorized Connected Devices for the duration of the event. At the end of an event, Meltek will attempt to return user’s Connected Devices to the appropriate setting. In the event Meltek cannot return a device to a setting after multiple attempts, Meltek will attempt to contact user via email, text, through the Services or browser alerts.

Permissions.  By submitting Account Information, Connected Device Credentials, and log-in information for user’s Utility Records, and other information as required by your utility provider (together, the “Information”), user is expressly permitting Meltek to use that content for the purpose of providing the Services in accordance with these Terms and our Privacy Policy. User hereby authorizes and permits Meltek to use and store the Information to configure the Services so that they are compatible with the third-party sites. These third-party sites include utilities, and other services that may manage user’s Connected Devices. For purposes of these Terms, user appoints Meltek as user’s agent to access these third-party sites, and to perform such things as user could do himself. user understands and agrees that the Services may or may not be sponsored or endorsed by some third parties.

Deactivation of User’s Account.  User may deactivate or delete user’s account at any time through the Services. However, certain data associated with user’s account, such as the Account Information or Utility Records, may not be deleted where such information is required by regulators for audit purposes or where information used in aggregate will enable Meltek to optimize Services for the electrical grid. Deactivation process can take up to thirty (30) days.

Disenroll from Meltek Services.  User may disenroll at any time from the Meltek Services. This process may take up to thirty (30) days to complete. By disenrolling, users forfeit outstanding Reward Points, status, and referrals. Meltek has the right to accept or reject any request for re-enrollment to the Services.

Updates to the Services. Over time, the features and functions that are enabled within the Services may change as our business evolves. New features and functions may be added, and others may be deleted or modified. User agrees that Meltek may update, modify, or discontinue the Services (in whole or in part) or any features or functions within the Services, at any time, in Meltek's sole discretion. To provide user with a more seamless user experience, Meltek may update or modify the Services remotely without notifying user in order to ensure the safe and proper operation of the Services (e.g., bug fixes), and user consents to such updates or changes by Meltek.

Service Limitations

Availability.  Because the Services are delivered over the Internet, the availability of the Services is subject to certain limitations. User acknowledges and agrees that the Services are subject to limitations and restrictions that may be outside Meltek’s control, such as, for example, as wireless network capabilities and Internet availability. Meltek may limit the Service’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction in Meltek’s sole discretion.

Energy Savings and Benefits.  Meltek does not guarantee or promise any specific level of energy savings or other benefit, including Reward Points, from the use of the Services. Actual energy savings and benefits may vary depending on factors beyond Meltek’s control or knowledge.

Security

Meltek is committed to maintaining the security of the Information and any data user provides to us and will take reasonable organizational, technical, and administrative measures to protect user’s personal information. However, the Services are provided through wireless networks and the Internet, and there is always some risk in transmitting information over the Internet. For this reason, despite our reasonable precautions, no internet-based service can offer 100% security against cyber threats and thus Meltek cannot guarantee the security and privacy of any information you provide and you share your information at your own risk.

Short Code Messaging

When user opts in to the Service, Meltek will send user a message to confirm user’s signup. Meltek will send recurring messages for the Service to alert user to energy saving events. Meltek estimates user will receive one to three messages per week. User can cancel SMS notifications at any time by replying STOP to an existing SMS message.

Message and data rates may apply. If user has any questions about User’s text plan or data plan, it is best to contact user’s wireless provider. .

Meltek Store

DISCLAIMER OF WARRANTIES and RETURN POLICY. Meltek makes no warranties, express or implied, regarding any hardware device, and there will be no implied warranties of merchantability or of fitness for a particular purpose. Devices carry the warranties specified by the applicable third-party manufacturers.

User is eligible only to receive one account authorization promo, which is featured on the page on which user originally submits user’s email, zip code, and set password.

Unless otherwise specified, all promotions are limited to one (1) discount code per Service account.

Rewards Program & Other Promotions

Meltek’s rewards program allows a user to receive Reward Points based on a user’s level of participation in the Services and conditions in the energy market prevailing during relevant use periods. Reward Points can be redeemed for a variety of goods or services that Meltek may make available from time to time, in its sole discretion, including gift cards, activities or cash (“Redeemable”). Reward Points are available based on a variety of factors including, but not limited to, location, time of day, grid conditions, total amount of energy saved by a user, or the availability of a particular Redeemable at the time a user redeems their Reward Points. Reward Points may be subject to additional terms and conditions as may be provided by Meltek. Any Reward Points that are obtained due to Meltek’s error or a user’s fraudulent, deceptive, or illegal activity (including in violation of these Terms) is void. Meltek may add, remove, or change Rewards at any time without notice. Users are solely responsible for compliance with federal, state, and local tax and other laws, and any costs, associated with accepting and using a Redeemable.

There is no fee associated with participating in the Reward Points program. Reward Points are non-transferable and may not be sold, exchanged, shared, or assigned to or with another user or Meltek account. Reward Points may not be combined with any other offers or discounts except as expressly permitted by Meltek. Meltek reserves the right to impose limits on the amount of Reward Points that a user may receive or maintain in their Meltek account at any time, or the amount, frequency, or type of Reward Points.  Participation in the Reward Points program requires an active membership in the Services. If a user fails to have any qualifying activity over three (3) consecutive months, including if a user deactivates an account, the user’s Meltek account will be deemed inactive and all accrued Reward Points in the Meltek account will be forfeited. Meltek reserves the right, in its sole discretion, to suspend or terminate a user’s ability to receive or redeem Reward Points, or to void any accrued Reward Points in a user’s Meltek account, if Meltek suspects that the user’s participation in the Reward Points program violates these Terms or that the user is engaged in fraudulent, deceptive, or unlawful activities. Meltek may modify, suspend, or terminate the Reward Points program at any time. If Meltek terminates a user’s participation in the Reward Points program or terminates the Reward Points program, or a user closes their Meltek account, all accrued Reward Points in the user’s Meltek account will become void.

Promotions. Meltek, from time to time, may offer different promotions, such as, for example, a Referral Program allowing users to refer new members to join the Meltek platform. The terms and conditions of any Referral Program will be provided with the promotional materials, which may include the award of Reward Points to the User for making such referral (“Referral Award”).

If user uses a method or methods to abuse any promotional program, including any Referral Program, user will forfeit any Reward Points received as part of a Referral Award and user will not be allowed to participate on the Meltek platform. Meltek may suspend or terminate any promotional program or a user’s ability to participate in such program, including the Referral Program, at any time for any reason. All rewards will be forfeited at account closure.

User Provided Content

The Website or Services may contain features that allow user and other users to make available certain content and materials, including, without limitation, text, and images (“User Content”) through or in connection with the Website or Services, including through any interactive features.

All User Content must comply with the Content Standards set out in these Terms and detailed below under “Content Standards.”

Any User Content made available on the Website or Services will be considered non-confidential and non-proprietary information. By providing any User Content on the Website or Services, you hereby grant to Meltek a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use, monitor, review, reproduce, modify, adapt, publish, translate, perform, display, distribute, and create derivative works from such User Content, in whole or in part, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner, including, but not limited to, all promotional, public viewing and/or commenting (whether on our Website or Services or a third-party’s site, app, or services), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment or permission needed from you (except where prohibited by law). You further herby grant Meltek an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, vocal recordings of you, and/or any illustrations, photographic or videographic clips, portraits, likenesses or pictures of you or any other indicia of your right of publicity rights (collectively "Your Personal Content") as contained in your User Content, in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, online or offline, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing and/or commenting (whether on our web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).

You also agree to waive any applicable moral rights as contained in your User Content for any of the proposed uses listed above.

By submitting User Content, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, us and each of our respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such User Content, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and/or defamation. Without limiting the foregoing, in no event will you be entitled to, and you waive any right to, enjoin, restrain or interfere with use of the User Content or Your Personal Content embodied in such User Content or the exploitation of any of our rights as noted above.

You understand that we are relying upon your representations, grants of rights, waivers and releases in permitting you to submit User Content. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms.

We do not guarantee that you will have any opportunity to edit or delete your User Content. You acknowledge that you, not us, are responsible for the contents of any User Content.

You represent and warrant that:

You own or control all rights in and to the User Content and have the right to grant the license granted above to us and service providers, and each of their and our respective licensees, successors, and assigns.

Your User Content does and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Meltek, have full responsibility for such Content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website, App, or Services.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Content for any or no reason in our sole discretion.

Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, Services, or the public, or could create liability for Meltek.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services.

Terminate or suspend your access to all or part of the Website or Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Services. YOU WAIVE AND HOLD HARMLESS MELTEK AND ITS LICENSEES AND ANY SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Content. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must:

Be original, accurate, and created by you.

Not be included in nor planned for use in any other advertising or promotional materials, for us or any third party.

Not contain any material that is defamatory, obscene, profane, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Not infringe upon any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.

Not be likely to deceive any person.

Not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, or other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with us.

Not promote any illegal activity, or advocate, promote, or assist any unlawful act.

Not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Not impersonate any person or misrepresent your identity or affiliation with any person or organization.

Not involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

Not give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Not contain any material or content that is, or may reasonably be considered hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body.

Reliance on Information Posted

The information presented on or through the Website and Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk, including any information that may be provided through our Start a Conversation tool as it provides only general information and can make mistakes. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or Services or by anyone who may be informed of any of its contents or resources.

This Website or Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Meltek, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Meltek. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Feedback

Meltek appreciates feedback on products and services. If user provides Meltek with any ideas, proposals, suggestions or other materials relating to the Services, (“Feedback”), Meltek may use such Feedback in any manner for any purpose without restriction or compensation, and user hereby acknowledges and agrees that such Feedback is not confidential, and that user’s provision of such Feedback is gratuitous and unsolicited and does not place Meltek under any fiduciary or other obligation. By submitting Feedback, user represents and warrants to Meltek that user has all necessary rights in and to such Feedback, the right to provide such Feedback to Meltek and all information it contains, and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information or material.

Term and Termination

These Terms with respect to the Services are effective until terminated. Meltek may terminate or suspend user’s use of the Services at any time and without prior notice, for any reason or no reason, including if Meltek believes that user has breached any provision of these Terms. Upon any such termination or suspension, all rights and licenses granted under these Terms, including user’s right to use the Services will immediately cease, and Meltek may, without liability to user or any third party, immediately deactivate or delete user’s username, password and account, and all associated materials, without any obligation to provide any further access to such materials.

You may terminate the Services by contacting us as indicated below (see Comments) and providing the subject line "Termination of Services." Upon any termination of the Services, all accrued Reward Points in the Meltek account will be forfeited.

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Disclaimer Of Warranties

Meltek Provides No Warranties Whatsoever Relating To The Services. The Services And All Information And Content Made Available Through The Services Are Made Available To User “As Is” Without Warranties Or Conditions Of Any Kind, Whether Express, Implied Or Statutory. Meltek Disclaims All Warranties And Conditions With Respect To The Services To The Fullest Extent Permissible Under Applicable Law, Whether Express Or Implied By Law, Course Of Dealing, Course Of Performance, Usage Of Trade, Or Otherwise, Including The Warranties Of Merchantability, Fitness For A Particular Purpose, Non-Infringement Of Intellectual Property Rights Of A Third Party, And Title.

To The Fullest Extent Provided By Law, Meltek Will Not Be Responsible For Any Loss Or Damage Caused By A Distributed Denial-Of-Service Attack, Viruses, Or Other Technologically Harmful Material That May Infect Your Computer Equipment, Device, Programs, Data, Or Other Proprietary Material Due To Your Use Of The Website Or Any Services Or Items Obtained Through The Website Or Services Or To Your Downloading Of Any Material Posted On The Website, Or Any Website Linked To It.

Your Use Of The Website, The Services, Including Any Content And Any Services Or Items Obtained Through The Website Or Services, Is At Your Own Risk. The Website And Services Are Provided On An “As Is” Basis, Without Warranties Of Any Kind, Either Express Or Implied. Neither Meltek Nor Any Person Associated With Meltek Makes Any Warranty Or Representation With Respect To The Accuracy, Adequacy, Completeness, Legality, Reliability Security, Availability, Or Usefulness Of Any Information Or Content Contained On The Website Or Services Or The Results That User May Obtain Through The Services Or Website. Without Limiting The Foregoing, Neither Meltek Nor Anyone Associated With Meltek Represents Or Warrants That The Website Or Services, Or The Content Or Any Services Or Items Obtained Through The Website Or Services, Will Be Accurate, Reliable, Error-Free, Or Uninterrupted, That Defects Will Be Corrected, That Any Usage Will Be Free Of Viruses Or Other Harmful Components, Or That The Website Or Services Or Any Services Or Items Obtained Through The Website Or Services Will Otherwise Meet Your Expectations. All Disclaimers Of Any Kind (Including In This Section And Elsewhere In These Terms) Are Made On Behalf Of Meltek, Its Affiliates, Subsidiaries, Successors, Assigns And Service Providers And Each Of Their Respective Shareholders, Directors, Officers, Employees, Agents, And Representatives (Collectively, The “Affiliated Entities”), As Well As Each Affiliated Entity’S Licensors, Suppliers And Service Providers. The Foregoing Does Not Affect Any Warranties That Cannot Be Excluded Or Limited Under Applicable Law.

Meltek Is Not In The Business Of Providing Electricity Or Other Utility Services And Is Not Responsible For User'S Electric Or Other Utility Services.

Limitation Of Liability

Meltek And Any Of Its Affiliated Entities Will Not Be Liable For Damages Of Any Kind, Under Any Legal Theory, Arising Out Of Or In Connection With Your Use, Or Inability To Use, The Website Or Services, Or Any Content Therein, Including Any Direct, Indirect, Incidental, Consequential, Special, Reliance, Exemplary Or Punitive Damages, Including But Not Limited To, Lost Profits, Loss Of Use Of The Services, Loss Of Data, Loss Of Privacy Or Security, Loss Of Other Intangibles, Or Unauthorized Access To Or Use Of The Services, User’S Data Or User Content, Regardless Of Whether Such Damages Are Based In Contract, Tort (Including Negligence), Strict Liability Or Any Other Legal Theory, And Even If Meltek Is Advised In Advance Of The Possibility Of Such Damages. Without Limiting The Foregoing, Meltek Will Not Be Liable For Damages Of Any Kind Resulting From User’S Use Of Or Inability To Use The Website Or Services. User’S Sole And Exclusive Remedy For Dissatisfaction With The Services Is To Stop Using The Services. Except As Provided In The Indemnity Section Below, The Maximum Aggregate Liability Of Meltek Arising Out Of Or Related To This Agreement Or The Services, Whether Based In Contract, Tort (Including Negligence) Or Otherwise, Shall Be The Total Amount, If Any, Paid By User To Meltek To Use These Services, Or $100.00, Whichever Is Greater. All Disclaimers, Limitations, Or Exclusions Of Liability Of Any Kind (Including In This Section And Elsewhere In These Terms) Are Made On Behalf Of Any Affiliated Entities As Well As Each Such Affiliated Entity’S Licensors, Suppliers And Service Providers. Some States Do Not Allow The Exclusion Or Limitation Of Incidental Or Consequential Damages, So The Above Limitations Or Exclusions May Not Apply To User. This Agreement Gives User Specific Legal Rights, And User May Also Have Other Rights Which Vary From State To State. The Disclaimers, Exclusions, And Limitations Of Liability Under This Agreement Will Not Apply To The Extent Prohibited By Applicable Law.

Indemnity

Except to the extent prohibited under applicable law, user agrees to defend, indemnify, and hold harmless Meltek and any Affiliated Entities and each such Affiliated Entity’s licensors, suppliers, and service providers from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of or relating to your violation of these Terms or use of the Website or Services, including, but not limited to, your User Content, any use of the Website or Services content, services, and products, other than as expressly authorized by these Terms, or your use of any information obtained from the Website or Services. Meltek reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User (without limiting user’s indemnification obligations with respect to that matter), and in that case, user agrees to cooperate with our defense of those claims.

Governing Law

All matters relating to the Website, Services, and these Terms, and any dispute or claim arising thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflicts of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms, the Website, or Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in Kings county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration. At Meltek’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website or Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration as set forth below.

Arbitration

Please Read This Section Carefully. It Affects Your Rights, Including Your Right To File A Lawsuit In Court.

At Meltek’s sole discretion, it may require you to submit any disputes arising from these Terms, including use of the Website or Services, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. USER UNDERSTANDS AND AGREES THAT, BY ENTERING INTO THESE TERMS, USER IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Exceptions. Despite the provisions of Section 15(a), nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

(c) Arbitrator. Except where prohibited by law, user and Meltek agree that any and all Claims are to be arbitrated by a single arbitrator. An arbitration commenced pursuant to these Terms shall be administered and governed by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). To the extent there is any inconsistency between the terms of this Arbitration Section and the AAA Rules the provisions of these Terms shall apply. The AAA Rules, forms and information are available online at www.adr.org.

(d) Fees.  The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(e) LIMITATION ON CLAIMS. USER MUST CONTACT MELTEK WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR USER WAIVES THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

‍(f) Severability. If all or any provision of this Arbitration agreement is found invalid, unenforceable, or illegal, then user and Meltek agree that the provision will be severed and the rest of the Agreement shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the Class Action Waiver is found invalid, unenforceable, or illegal, user and Meltek agree that it will not be severable; the entire Arbitration section will be void and unenforceable and any dispute will be resolved in court subject to the governing law clauses specified in this Agreement. Under no circumstances shall arbitration be conducted on a class basis without Meltek’s express consent.

‍(g) Arbitration Changes. Although Meltek may revise this Agreement in its discretion, Meltek does not have the right to alter this Agreement to arbitrate, or the rules specified herein with respect to any dispute once that dispute arises.

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Export Controls

User is responsible for complying with United States export controls and sanctions laws and regulations and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. User represents, warrants and covenants that User is not (i) located in or a resident of any country that is the subject of comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine/Russia), or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any of the U.S. government lists of prohibited or restricted end users.

Miscellaneous

These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between user and Meltek. These Terms shall not be construed as creating third-party beneficiary rights in any person or entity, except as otherwise expressly provided in these Terms. If any provision of these Terms or portion of a provision is held to be unlawful, void or for any reason unenforceable, that provision (or portion of the provision), to the extent required, will be severed from these Terms but such severance will not affect the validity and enforceability of the remaining provisions of these Terms. User may not assign, transfer, or sublicense any or all of User’s rights or obligations under these Terms. Meltek may subcontract, assign, transfer, or sublicense any or all of our rights or our obligations under these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. These Terms and all other terms and conditions referenced herein constitute the entire agreement between user and Meltek relating to the subject matter of these Terms and supersedes any and all prior or contemporaneous written or oral agreements or understandings between user and Meltek relating to such subject matter. User’s use of the Services is subject to all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Services that Meltek may post on or link to from the Services (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Meltek will not be responsible for any delay or failure to fulfill any obligation under these Terms due to any cause beyond its control, including without limitation acts of God, acts of war, civil or military disturbances, terrorism, nuclear or natural catastrophes, earthquake, flood, pandemic or epidemic, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of Internet, communications, or power grid infrastructure. Meltek is under no obligation to provide support for the Services. In instances where Meltek may offer support, the support will be subject to published policies.

BY ENROLLING WITH MELTEK, USER AGREES MELTEK MAY EMPLOY USER’S DEMAND RESPONSE AND OR LOAD MANAGEMENT SERVICES THROUGH A VARIETY OF MARKET APPLICATIONS INCLUDING BUT NOT LIMITED TO DEMAND RESPONSE PROGRAMS IS CURRENTLY ENROLLED.

User Understands That If User Is Currently Enrolled In A Demand Response Program With Another Energy Services Provider, User Acknowledges User’S Intent To Disenroll From User’S Current Demand Response Program With That Provider.

Your Comments and Concerns

If you have any questions, comments, or other communications relating to the Website, the Services, or these Terms, please contact us as follows:

[email protected]