Terms of Use

General

Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern BKi’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The term ‘BKi’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 1000 Broadway, Suite 410, Oakland, CA 94607. The term ‘you’ refers to the user or viewer of our website.

Through your access to and use of this website, you accept, without limitation or qualification, the terms and conditions set forth below. Please review the following terms and conditions concerning your use of our website. By accessing and using any information and/or materials from our website, you agree to be bound by these terms and conditions. We reserve the right to change these terms and conditions from time to time at our sole discretion. If you do not agree with these terms and conditions, do not use our website. In the case of any violation of these terms and conditions, we reserve the right to seek all remedies available by law and in equity for such violations. These terms and conditions apply to all visits to our website.

Limited License

All content on our website are, to the extent possible, protected by copyright or are otherwise proprietary. You may view and copy materials on the public portions of our website solely for non-commercial, personal and informational use. Any copy of this material or information you copy shall retain all copyright and other proprietary notices in the same form and manner as on the original. No other use of the information is authorized. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of any third party or ours.

Disclaimers

Although we have attempted to provide accurate information on our website, we assume no responsibility for the accuracy of the information. In particular, we may not update our website on a daily or other regular basis. As such, the information and materials contained on our website may be out of date or include omissions or other errors. We may change the information provided on our website at any time without notice and we will not be liable in any way for possible consequences of such changes.

All information provided on our website is provided “AS IS” without warranty of any kind. We disclaim all warranties, express or implied, including those of merchantability and fitness for a particular purpose. Furthermore, we shall not be liable in any manner whatsoever for direct, indirect, incidental, consequential or punitive damages resulting from the use of, or inability to use, the information on our website or any information provided through linked websites. In addition, we shall not be liable in any way for possible errors or omissions in the content of our website.

We make no representation or warranty, express or implied, that any use of the information contained in our website will not infringe on any patent, copyright or trademark.

This website contains third party information. Such information is, wherever reasonably possible, marked with the name of the source. Such third party information does not necessarily represent our views and we take no responsibility whatsoever for such third party information, nor do we adopt or endorse any such information.

Hyperlinks

Our website may contain hyperlinks to websites owned and/or controlled by other parties. Access to any other website is at your own risk and will result in you leaving BKi’s website. Where we provide a hyperlink to a third party’s website, we do so because we believe that such website contains or may contain material which is relevant to that on our website. We have not reviewed all of these third party sites and do not control and are not responsible for the accuracy or reliability of any information accessible from these websites. In certain instances, a hyperlink may connect you to a third-party’s website containing views contrary to those expressed on our website or otherwise held by BKi.

Trademarks

Trademarks, servicemarks and trade names appearing in this website are the property of their holders.

Forward-Looking Statements

The information on this website contains forward-looking statements about our business and prospects, such as statements concerning our ability to market, commercialize, and achieve market acceptance for our demand response and other energy management solutions. Such statements are based on management’s current expectations and are subject to a number of risks, factors and uncertainties that may cause actual results, events and performance to differ materially from those referred to in the forward-looking statements. These risks include, but are not limited to, changes in the available demand response capacity provided by BKi’s programs, loss of a significant customer, technological developments that reduce peak demand or increase power supplies and actions of customers and competitors. Consequently, no forward-looking statement can be guaranteed, and actual results may vary materially.