Terms And Conditions

A. Assumption of the Risk and Waiver of Claims Against EG4

Customer acknowledges that certain risks are inherent in the use, installation, replacement, maintenance, and/or repair of EG4 Electronics LLC (“EG4”) products, and Customer acknowledges that these risks include those specified in EG4’s user manuals and replacement guides. Customer freely assumes all risks—known and unknown—associated with the use, installation, replacement, maintenance, and repair of EG4’s product(s) and, to the fullest extent permitted by law, waives any and all claims against EG4 at law and equity, including but not limited to all claims in tort which may arise at a later date.

B. Disclaimer of Liability

EG4 is not responsible for any injuries, deaths, or damages resulting from the use, installation, replacement, maintenance, and/or repair of its products. Customer assumes all risks associated with the handling, operation, and installation of the product. Electrical systems are inherently dangerous, and improper use or installation can result in serious injury or death. It is the sole responsibility of the Customer to ensure compliance with all local, state, and federal electrical codes, as well as to employ qualified personnel for installation and maintenance.

C. Indemnification

Customer agrees to indemnify, defend, and hold harmless EG4, its officers, directors, employees, and affiliates from any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to the use, installation, replacement, maintenance, and/or repair of the product, including but not limited to personal injury, death, or property damage, whether caused by negligence, misuse, or failure to follow applicable safety regulations and instructions.

D. Requirement to Notify EG4 Prior to Lawsuit

Customer shall not bring any legal or equitable action against EG4 without first making written demand upon EG4. Customer’s failure to provide a written demand prior to filing suit shall be a complete and total defense for EG4 in any and all disputes. Please send written demand to:

Attn: EG4 Legal
1130 Como Street S.
Sulphur Springs, Texas 75482
or legal@energyaccessinnovations.com

E. Choice of Law – Texas

Any claims arising from the use of any EG4 product shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

F. Arbitration Agreement

By asserting any claim relating to the use of any and all EG4 products, Customer agrees that any such claim or controversy shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

G. Forum Selection

Any and all claims not resolved through arbitration, including all claims relating to the validity of the Arbitration Agreement and enforcement of any arbitration award, must be brought solely and exclusively in either the 8th Judicial District of Texas (Hopkins County), the federal District Court for the Eastern District of Texas, or another court situated in Hopkins County, Texas (“Selected Forum”). Customer waives all objections to venue, jurisdiction, convenience, or otherwise for the Selected Forum and specifically consents to the personal jurisdiction of the Selected Forum for any and all claims or controversies relating to the use of an EG4 product.

H. Attorney’s Fees

In any and all disputes relating to the use of any and all EG4 products, the parties shall bear their own attorney’s fees and costs, irrespective of any finding of fault. This provision applies to cases and controversies resolved through any means of dispute resolution, including arbitration and through a court of law.

I. Class and Collective Action Waiver

Any and all claims relating to the use of any and all EG4 products shall be brought individually by the Customer or Customer’s first transferee, all of whom specifically waive the right to bring a class or collective action against EG4.

J. Force Majeure

EG4 shall not be held liable for any delay or failure to perform its obligation due to events beyond its control, including but not limited to natural disasters, acts of war or terrorism, riots, labor disputes, governmental actions, internet or communications failures, or other similar unforeseeable occurrence outside of EG4’s control.

K. Severability

If any part of these Terms and Conditions is found or held to be invalid or ineffective, the other parts shall remain in full force and effect.