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BPL Global, Ltd. Web Site User Agreement

Please read the following terms and conditions carefully before using this Web. By accessing, browsing or using our site, you agree to the following terms and conditions. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use our sites. The following terms and conditions apply to our Web site. Certain provisions of these terms and conditions may be superseded by other legal notices or terms located on parts of our Web site. The term "content" refers to any materials, documents, images, graphics, logos, design, audio, video, software and any other information provided from or on our Web site.

1. We Provide Our Web Site For Your Convenience Only. Our Web site is provided to you as a convenience and for your information only. We do not warrant or represent that: a. the content on this Web site is accurate or complete; b. the content on this Web site is up-to-date or current; c. the content on this Web site is free from technical inaccuracies or typographical errors; d. the content on this Web site is free from changes caused by third party; and e. your access to this Web site and content will be free from interruptions, errors, computer viruses or other harmful components. The content on this Web site is provided "as is" and without warranties of any kind, either expressed or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability, fitness for a particular purpose, title, and non-infringement as to the content on this Web site. While we attempt to assure your access and use of this Web site is safe, we cannot and do not represent or warrant that this web site or its server(s) are free of viruses or other harmful components.

WE DO NOT ASSUME ANY LIABILITY FOR THE MATTERS LISTED ABOVE AND YOU USE THIS WEB SITE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS INCLUDES LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR THE INABILITY TO USE THE CONTENT OF THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. If your use of our Web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

2. You are Bound by Changes in this Agreement's Terms and Conditions. We may at any time revise these terms and conditions by updating this posting. Any revisions to our Web site are effective when we post the revisions to the Web site. Your continued use of the Web site following the posting of the revisions constitutes your acceptance of the revised terms and conditions. You should therefore periodically visit this page to review the then current BPL Global, Ltd. Web Site User Agreement. Certain provisions of these terms and conditions may be superseded by other legal notices or terms located on parts of our Web site. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions of any other written agreement between BPL Global, Ltd. or its subsidiaries or affiliates and their customers or vendors, the express terms and conditions of the latter agreement shall prevail.

3. We Do Not Have Responsibility for Links to Third Party Content. We may provide links or pointers to other Web sites maintained by third parties or may provide third party content on our Web site. The links to third party Web sites are provided for your convenience and information only. We may remove a link to a third party Web site at any time. If we do provide a link to a third party Web site, does not mean that we endorse, authorize or sponsor that Web site. It also does not mean that we are affiliated with the third party Web site's owners or sponsors. The content in any linked Web site is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our Web site, you do this entirely at your own risk

4. If a Third Party Links to Our Web Site, It is Not an Endorsement. If a third party links to our Web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Web site.

A Web site that links to our Web site: a. may link to, but not replicate, our content; b. must not create a browser, border environment or frame our content; c. must not imply that we are endorsing it or its products; d. must not misrepresent its relationship with us; e. must not present false information about our products or services; and f. must not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.

5. If You Transmit or Provide Data to Us, We Do Not Keep It Confidential. We do not want to receive confidential or proprietary information from you through our Web site. If you transmit to or post on our Web site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and we may disseminate or use that information by us for any purpose. Any submission of any material or information by you will be considered a contribution to BPL Global, Ltd. for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials or information, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to us are non-confidential (subject to our Web Site Privacy Policy) and shall become the sole property of BPL Global, Ltd. BPL Global, Ltd. shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to us, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You are prohibited from posting on or transmitting to or from our Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

6. Your Use of Our Web Site is Restricted. Our Web site and its content are owned and operated by us. Our Web site's content, design, pictures and files are copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions as well as by trademark laws, the laws of privacy and publicity, and communications regulations and statutes, ALL RIGHTS RESERVED, by BPL Global, Ltd, its affiliates and subsidiaries and/or third-party licensors.  Content from www.bplglobal.net may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way.

The following is a non-exclusive list of registered trademarks, registered service marks, or trademarks or service marks of BPL Global, Ltd. or its subsidiaries and affiliates, in the United States and/or other countries or jurisdictions: BPL Global, CLN Power Plant, CNRG, CENTRYwcc, Connected Energy, Demand Dispatch, DER Buildout, EasyGreen, enerVIEW, Foundation, iDD, iDER, Islands of Intelligence, LoadGuide, MasterBox, Power Is Information, Power SG, Serveron, Smart Integration, TM8,TM3, TM1, TM View, and TrueGas.

To the extent a name, logo or design does not appear on the above list, such lack of appearance does not constitute a waiver of any intellectual property rights that BPL Global, Ltd. has established in its product or service names or logos, or in product configurations or designs, all of which rights are expressly reserved.

7. By Providing Content, We Do Not Allow You to Use Our Trademarks. The trademarks, service marks and logos of BPL Global, Ltd., its affiliates, subsidiaries and third-party licensors used and displayed on our Web site are our registered and unregistered trademarks or service marks or of our third-party licensors. Nothing on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our trademarks or service marks without our written permission. The name of BPL Global, Ltd, our subsidiaries and affiliates or the logos of any of them and the content of this Web site may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Web site, without our prior written permission or the written permission the respective copyright owner. You are not authorized to use our logo as a hyperlink to our Web site unless you obtain our written permission in advance.

Copyright Complaints. We respect the intellectual property of others. If you believe that your work has been copied and has been posted to this Web site in a way that constitutes copyright infringement, please provide the following written information:

        a. An electronic or physical signature of the person authorized to act on behalf of the owner of the subject copyright
            interest;
        b. A description of the copyrighted work that you claim has been infringed upon;
        c. A description of where the material that you claim is infringing is located on the Web site;
        d. Your address, telephone number, and e-mail address;
        e. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner,
            its agent, or the law;
        f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that
           you are the copyright owner or authorized to act on the copyright owner's behalf.

All notices of claims of copyright infringement on this Web site should be sent to the following address: reached as follows:

        BPL Global, Ltd.
        Foster Plaza 6
        681 Andersen Drive
        Pittsburgh, PA 16066
        Attn: Marketing Department – Copyright Infringement
        Phone: 724-933-7700
        Fax: 724-933-7715

8. Translations. Certain content on this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and we make no representations, warranties or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person.

9. You Must Obey Local Laws in Accessing Our Web Site. This site is controlled by us from our offices within the United States of America. We make no representation that content on this site is appropriate or available for use in other jurisdictions. Access to our Web site content from jurisdictions where such access is illegal is prohibited. If you choose to access this site from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violations of law. You may not use or export the materials in this site in violation of U.S. export laws and regulations. Any claims relating to our Web site and its content and materials shall be governed by the laws of the Commonwealth of Pennsylvania, U.S.A. without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding at law or in equity between us for any purpose concerning this Agreement, the parties' obligations or use of the Web site shall be brought exclusively in a federal or state court located in Allegheny County in the Commonwealth of Pennsylvania in Allegheny County and you hereby irrevocably and you unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

10. We Are Neither Providing Investment Advice Nor Soliciting Offers. Nothing in this site constitutes investment advice, including SEC filings, if any, which we may post of this Web site. If we do provide investor relations materials, it will be only for your convenience and information. In addition, any investor relations materials which may be on our Web site and our other Web site content are not offers to sell or solicitations of an offer to buy any security.

11. Investors Should Not Rely on Forward-Looking Information. Visitors and users of this Web site should not base their investment decisions upon any content contained in our Web site. Some of the statements on our Web Site, including, but necessarily limited to, those relating to projected future financial performance or events, are considered forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements give our expectations or forecasts of future events. Sometimes these statements will use words such as "anticipate," "estimate," "expect," "project," "intend," "plan," "believe," "outlook," "forecast," and other similar words. These statements are not guarantees of our future performance and are subject to various known and unknown risks, uncertainties and other important factors that could cause our actual performance to be materially different from those we project. Our actual results will be different due to the inherent nature of projections and may be better or worse than projected. Given these uncertainties, you should not rely on forward-looking statements. These forward-looking statements also represent our estimates and assumptions only as of the date that they initially were made. We disclaim any duty to provide updates to any forward-looking statements, and the estimates and assumptions associated with them, to reflect events or circumstances or changes in expectations or the occurrence of anticipated events after the date they initially were made. Additionally, information contained within any press releases issued by us should not be deemed accurate or current except as of the date the press release was posted. We have no intention of updating, and specifically disclaim any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

12. You Agree to Indemnify Us for Using Our Web Site. You agree to indemnify, defend and hold harmless BPL Global, Ltd, its subsidiaries and affiliates and their officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions by you.

13. Third Parties May Have Rights Under This Agreement. Some of the provisions of this Agreement are for the benefit of BPL Global, Ltd, its subsidiaries and their officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

14. How This Agreement May Be Terminated. We may terminate this Agreement and we may block you from using our Web Site without notice at any time for any reason. You may terminate this Agreement at any time; provided that you may no longer use our Web site after you have terminated this Agreement. Section 1 (Convenience), 5(No Confidentiality), 6 (Restricted), 7 (No Use of Trademarks), 9 (Local Laws), 13 (Indemnify), and 14 (Third Party Rights) of this Agreement shall survive any termination of this Agreement.

15. Miscellaneous. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you, except as we prohibit under the terms of our Privacy Policy. If any provision of these terms and conditions of this Agreement are deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

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