Terms of Use

Last Updated: 1/29/25

When you interact with Anthro Energy, Inc. (“Anthro Energy”) by visiting our websites (including www.anthroenergy.com), using our applications, enjoying our products, engaging in marketing activities, utilizing our physical facilities, and any related services (“Products and Services”), these Terms of Use (“Terms”) will apply and control.

Please read these Terms carefully before you start to use our Products and Services. By continuing to access or use our Products and Services, you accept and agree to be bound and abide by these Terms.

ADDITIONAL TERMS OR CONDITIONS

In some instances, you may have entered into other written agreements with Anthro Energy which will supplement or supersede these Terms as they relate to our Products and Services. These Terms will otherwise apply to the fullest extent possible.

PRIVACY AND YOUR PERSONAL DATA

Anthro Energy cares about data security and your privacy. Please review our Privacy Policy which is incorporated into these Terms and controls our privacy obligations as you interact with us and use our Products and Services. By accessing using our Products and Services, including this website and our applications, you consent to our disclosed uses of your information contained in our Privacy Statement. Anthro Energy is operated from our offices in Santa Clara, California in the United States. If you access or use our Products and Services from outside of the United States, different laws or requirements may apply and you agree and consent to have your Personal Data transferred to and processed in the United States.

We offer our Products and Services to users who are 18 years of age or older. We do not collect or maintain Personal Data from individuals we actually know are under 18 years old. If you are under 18, do not supply any Personal Data to Anthro Energy and if you wish to purchase Anthro Energy Products or use our Services, please ask your parent or guardian to handle these transactions for you. If you are aware that we have unintentionally collected information from someone who is underage, please notify us immediately by sending an email to info@anthroenergy.com.

PRODUCTS AND SERVICES

Anthro Energy provides our customized polymer electrolyte battery Products and Services using information that we gather from you with your consent. For instance, when you use our Anthro Energy Products and Services, we rely on the information that you voluntarily provide to us.

As many of our Products and Services are custom-formulated or designed to your specifications, availability of your specific Products and Services is controlled by our agreements with you for the development and manufacture of such custom goods. Further, due to the availability of raw materials, technical experts and manufacturing requirements, we cannot always guarantee that your Products will ship within a certain time or that our Services will be readily available. We also reserve the right to discontinue any Products or Services we offer for sale, including any ingredients that we use in our formulations or any formulations that have been custom-curated for you. We reserve the right to refuse to sell, limit the sales of, or cancel an order for sale of our Products and Services to any person or geographic region.

If we find that information relating to our Products or Services, such as on our websites, in order forms, or in product materials, contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability, we reserve the right to correct, change or update that information or modify or cancel an order.

USING OUR PRODUCTS AND SERVICES

You agree not to use our Products or Services, including our websites or applications, in a way that violates any laws, infringes any individual’s or entity’s rights, is inappropriate or offensive, or interferes with our Products and Services (including any technological measures we employ to enforce these Terms). You understand that additional terms and conditions may apply to our Products and Services and you may be required to accept those in order to purchase and use specific Products or Services.

In order to access and use our Products and Services, you must agree to these Terms and any applicable terms and conditions for specific Products or Services. You agree that Anthro Energy is not liable to you or any third party for any access, use, modification, suspension, or discontinuance of our Products and Services.

The respectful use of our Products and Services, including our websites and applications, is important to us. You may not disarm, manipulate, work around, or disable any technological measures we employ to manage and safeguard our Products and Services. Anthro Energy specifically prohibits you from using our Products and Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or attempt to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or any websites; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Product and Services, including our websites and applications.

Anthro Energy may monitor our Products and Services for violations of these Terms and take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; refusing, restricting access to, limiting the availability of, or disabling your access or use of our Products and Services; and otherwise manage our Products and Services in a manner designed to protect our rights and to facilitate our business.

By accessing and using our Products and Services, you agree that you and Anthro Energy are independent contractors to each other. You further acknowledge and agree that no additional partnership, joint venture, employee, employer or other relationship is intended or entered into by these Terms. You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership with, or as an employee of Anthro Energy or any of our affiliates.

USER OR CUSTOMER ACCOUNTS

Anthro Energy may require you to register for an account and provide certain information about yourself (such as your name, business name, phone number, street address, your birthdate, payment information, and email), in order to make purchases, communicate with us, or use certain features of our Products and Services. Account users may be provided or asked to create a username and/or password and we encourage you to safeguard that information to protect your account from unauthorized access. You agree that you will provide truthful information and maintain the accuracy and completeness of your account information with us. You further agree that you are responsible for all use of your account and password. You agree that we may communicate with you and provide you with notices by email to the address then-current in your user account.

You always have the right to terminate your account with Anthro Energy and can do so by accessing your account settings or contacting our Customer Service. If we, in our sole discretion, determine that you have acted inappropriately, we reserve the right to limit, restrict or terminate your account, prohibit you from using our Products and Services, and take any appropriate legal actions to protect Anthro Energy, our affiliates, or other users.

PURCHASES, PAYMENTS.

When you place an order to purchase our Products or Services directly with us, you enter into an agreement with Anthro Energy when we accept your order. Your accepted order will provide a description of the items, price, shipping, insurance, applicable taxes that we collect, and any other listed charges that you are responsible for paying upon checkout. Our default shipping is to ship all Product Ex-Works (INCOTERMS 2024), unless otherwise specified in an agreement between the parties, to the designated shipping location(s).

You agree to provide current, complete, and accurate purchase and account information for all purchases you make with Anthro Energy. You agree to promptly update your account and other information, including your email address and invoicing account information (i.e., credit card numbers and expiration dates), so that we can complete your transactions and contact you as needed. If you are unable or unwilling to process full payments when due, Anthro Energy may, in its sole discretion, refuse to provide you with additional Products or Services until your account is no longer in arrears, including any fees or costs associated with late payments.

THIRD PARTY WEBSITES AND LINKS

Some of our Products and Services may be visible or available on other third party websites. While our Terms apply to our Products and Services, when we work with or link to a third party to make our Products and Services available, those third parties may have different or additional terms which govern your use of their websites or services. We encourage you to carefully review the terms, conditions, and policies of any third parties before you engage in any transactions with them. Complaints, claims, concerns, or questions regarding third party websites, policies, products, or services should be directed to the third party and not to Anthro Energy.

In some cases, for your convenience or for informational purposes, we may provide links from our websites or our Products and Services to the websites or materials of third parties. Such third party websites and materials are not necessarily affiliated with us and we do not endorse, monitor, or have any control or input over such third party websites or materials. We are not responsible for examining or evaluating their content or accuracy. Anthro Energy does not warrant, and will not have any liability or responsibility for, any websites, materials, products, or services of third parties. Any use by you of third party materials is entirely at your own risk and discretion.

INTELLECTUAL PROPERTY RIGHTS

All trademarks, logos, and service marks (“Marks”) displayed within our Products and Services are the registered and unregistered trademarks of Anthro Energy or third parties who have authorized their use by us. All of our Products and Services, including the content and materials on our websites and within our applications, are protected by copyright and other intellectual property rights, including but not limited to the images, likenesses, designs, and the like, except where explicitly noted otherwise (collectively “Intellectual Property”). You may not use, copy, edit, reproduce, republish, upload, post, transmit, distribute, create derivates of, or modify the Intellectual Property in any way without prior written approval from us and any third party owner or licensor. You are prohibited from infringing or violating Anthro Energy’s Intellectual Property rights and we will enforce our rights to the fullest extent of the law.

Unless otherwise indicated, our Products and Services are our proprietary property and all formulations, testing methodologies, manufacturing and packaging processes, informational materials, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, as well as any Intellectual Property are owned or licensed and controlled by us, and are protected under various other intellectual property rights, unfair competition laws of the United States, international copyright laws, and international conventions. These materials are provided by Anthro Energy “as is” for your information and personal use only. Except as expressly provided in these Terms, no part of our Products and Services may be used by you for a commercial purpose without our express prior written permission.

COPYRIGHT INFRINGEMENT

In your interactions with Anthro Energy and your use of our Products and Services, you may not post, modify, distribute, or reproduce in any way, any content that is copyrighted material belonging to others, without obtaining their prior written consent.

MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through our websites or otherwise in our Products and Services infringes your copyright, you may send a notice to us requesting that the material be removed or access to it blocked. For the notice to be effective, it must be in writing and must include the following information:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
3. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material within our websites or otherwise in our Products and Services;
4. the name, address, telephone number and email address (if available) of the complaining party;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, and your content has been removed or access to your content has been blocked, the DMCA permits you to send us a counter-notice. For the counter-notice to be effective, it must be in writing and must include the following information:

1. physical or electronic signature of the user or a person authorized to act on behalf of the user;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. the user’s name, address, and telephone number; and
5. a statement that the user consents to the jurisdiction of the courts in the County of Los Angeles, State of California and that the user will accept service of process from the person who submitted the Notification of Claimed Infringement or an agent of such person.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. DMCA notices and counter-notices regarding our websites and Products and Services should be sent to:

Anthro Energy, Inc.

2095 North Loop Road

Alameda, CA 94502

Email: info@anthroenergy.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or mis-identification may be subject to liability. Please also be advised that Anthro Energy may take action against repeat infringers, including the termination of your user account and barring you from using our Products and Services.

COMPLIANCE WITH LAWS

Each of Anthro Energy and you will comply with all applicable United States and foreign laws, regulations and rules of any governmental authority having jurisdiction over the Products and Services and will obtain all necessary permits, licenses and consents of governmental authorities necessary as required for the fulfillment of any contractual obligations between you and Anthro Energy.

You are responsible for ensuring that your purchase, import, export, or use of any Anthro Energy Products or Services will comply with any specific legal requirements applicable to the countries into which Products or Services are being sourced or used.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Anthro Energy provides our Products and Services using a commercially reasonable level of care, but there are certain things that we cannot guarantee. We do not guarantee, represent, or warrant that your access to and use of our Products and Services, including our websites, will be uninterrupted, timely, secure, or error-free. You understand and agree that we may modify, remove, restrict, or cancel our Products and Services for indefinite periods of time, at any time, without notice to you. You expressly agree that your access to and use of, or inability to access and use, our Products and Services is at your sole risk.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, ANTHRO ENERGY DOES NOT MAKE ANY SPECIFIC PROMISES OR WARRANTIES ABOUT OUR PRODUCTS AND SERVICES, INCLUDING OUR WEBSITES AND APPLICATIONS, INCLUDING ANY CONTENT, FUNCTIONALITY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OUR PRODUCTS AND SERVICES “AS IS” AND “AS AVAILABLE.” SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; HOWEVER, WE EXCLUDE ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY OF OUR PRODUCTS AND SERVICES, INCLUDING ANY PORTION OF THIS WEBSITE AND OUR APPLICATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THESE ITEMS. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO OUR PRODUCTS AND SERVICES IS LIMITED TO THE LESSER OF (I) THE AMOUNT OF FEES ACTUALLY PAID BY YOU FOR USE OF THE PRODUCTS AND SERVICES, OR (II) ONE HUNDRED DOLLARS (U.S. $100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. IF YOU ARE A RESIDENT OF A STATE WITH PROTECTIONS SIMILAR TO CALIFORNIA CIVIL CODE §1542, YOU HEREBY WAIVE SUCH PROVISIONS OR PROTECTIONS.

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

INDEMNIFICATION

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

DISPUTE RESOLUTION; WAIVER; BINDING ARBITRATION

If you have a dispute with Anthro Energy, we invite you to reach out to us at info@anthroenergy.com so that we can try to resolve your concerns. Please include your name, contact information and the substance of your Dispute with us and we will endeavor for a period of thirty (30) days to reach an amicable settlement of your concerns.

If the 30 day period expires and is not extended, any Dispute between you and Anthro Energy relating to our Products and Services or these Terms, for any reason or under any circumstances, will be finally settled by binding arbitration in accordance with the Rules of Arbitration (“Rules”) of the American Arbitration Association (“AAA”) in force at the time of the Dispute. The arbitration will be conducted by one arbitrator, if the amount in dispute is two million dollars ($2,000,000) or less, and by three arbitrators, if the amount in dispute is more than two million dollars ($2,000,000), selected pursuant to AAA rules. The arbitrator(s) will be familiar with California law and the Uniform Commercial Code for sale of goods. The place of arbitration will be Santa Clara, California, or any other place selected by mutual agreement of the parties. Any award or decision rendered in such arbitration will be final and binding on all parties, and judgment may be entered thereon in any court of competent jurisdiction if necessary.

These Terms are governed by the laws of the State of California, without application of conflicts of law principles. You hereby agree that the State and Federal Courts with jurisdiction over disputes arising in Santa Clara County, California shall have exclusive jurisdiction over any litigation arising under these Terms or our Products and Services and irrevocably consent to personal jurisdiction and venue in said courts and waive any objections to same. You hereby expressly waive all defenses of lack of personal jurisdiction and forum non conveniens.

CHANGES TO THE TERMS

Anthro Energy may revise and update these Terms at any time and for any reason in our sole discretion. We will provide notice of the most recent version of these Terms by updating the “Last Updated” date above and you waive any right to receive specific notice otherwise of changes. All changes are effective immediately upon posting and apply to all access to and use of our Products and Services thereafter. If you don’t like any changes to our Terms, you may stop using our Products and Services. Your continued access to and use of our Products and Services signifies your acceptance of the revised and then-current Terms.

MISCELLANEOUS

These Terms supersede any other agreement between you and Anthro Energy regarding our Products and Services and your interactions with us. If any part of these Terms is found to be invalid or unenforceable, that part will be limited to the minimum extent necessary to allow the remainder of the Terms to otherwise remain in full force and effect. Our failure to enforce any part of these Terms is not a waiver and we do not give up any of our rights to later enforce. Anthro Energy, but not you, may assign any of our rights and obligations under these Terms.

CONTACT US; YOUR COMMENTS AND CONCERNS

If you have any questions about these Terms or would like to provide us with feedback, comments, requests for support, or other communications relating to our Products and Services, please contact us at the following:

• Email to info@anthroenergy.com is the fastest and most-preferred way to reach us with your questions and concerns.
• Via Direct Mail:

Anthro Energy Inc. 2095 North Loop Road Alameda, CA 94502 Attn: LEGAL

• Via Phone: +1-408-703-2967

Thank you for visiting Anthro Energy!