Terms and Conditions of Use; Disclaimers
The Terms, Conditions, and Disclaimers (“Terms”) contained herein shall govern your use of this site, including all pages within this website (collectively referred to herein below as this “Website”). By using this Website, you acknowledge that you have reviewed, and that you expressly accept, all Terms set forth herein. If you have any objection to any of these Terms, you must leave this Website before proceeding from this page to other pages of the Website.
2. Restricted Use
Consent and agreement to these Terms may be provided only by an adult (defined herein as those aged 18 and older) capable of providing such consent, and thus this Website is not intended for use by minors.
3. Intellectual Property Rights
Other than content you own, which you may have opted to upload to this Website at a page or pages providing for such an upload, the owner of this Website (“Owner”) owns all rights in and to all intellectual property, information, and material contained in and on the Website (except where noted), and all such rights are reserved to and by the Owner, including but not limited to reservation of all rights to copyright in all Website material, registration of marks in all Website material, and patentability of any information stated on the Website. You are thus granted a limited license to any and all information provided on the Website by the Owner, subject to all restrictions provided in these Terms and on any age of the site, for the sole purpose of viewing the information and material contained on this Website.
To the extent you are provided with a capability on this Website that is clearly intended to receive an upload from you, you agree that you will only upload information using that provided capability as provided by Owner, and that any information that you upload will be clearly and solely for the express purpose for which the upload capability is provided.
You are expressly restricted from the following:
- Copying or otherwise publishing any Website material in or into any media, except where the limited license referenced herein explicitly indicates that you may download such material or except where written permission from the Owner is provided;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material without written permission from the Owner;
- using this Website in any way that is, or may be, knowingly or intentionally damaging to this Website, operation of the Website, any Website material, or to the purpose for which Owner provides any Website material;
- using the Website in any way that impacts access by other users to this Website;
- using this Website in any manner that may be deemed contrary to any applicable laws, regulations, or guidelines, or in a way that causes, or may cause, harm to the Website or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
- using this Website to engage in any advertising or marketing without written permission from the Owner; and
- attempting any access to any areas or pages of this Website that may be clearly restricted from access by users.
6. Fair Use
The Website may include material copyrighted by a third party, and may be provided without explicit permission to provide that information from that copyright owner solely for informational and/or background purposes in an effort to advance understanding of modern energy services. This thus constitutes a “fair use” of such material under Title 107 of the Copyright Act. Nevertheless, this material is subject to the Restrictions stated in Section (5) herein, and you should request explicit permission from the third party copyright owner should you wish to reproduce this third party material for any reason.
7. Your Content
“Your Content” shall mean any audio, video, text, images or other material you choose to enter, upload, display, or otherwise provide on this Website. Any user ID and password that you may implement for this Website are Your Content and are confidential, and you agree to maintain confidentiality of that information. Further, by entering, uploading, displaying, or otherwise providing Your Content, you hereby grant Owner a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, copy, translate and distribute Your Content solely to accomplish the purpose for which Your Content is provided. You agree that Your Content is your own and does not infringe on any third party’s rights. Owner reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
8. No Warranties
This Website is provided “as is,” and Owner makes no express or implied representations or warranties of any kind, including making NO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE, related to the Website or the Website materials. Additionally, nothing contained on this Website shall be construed as providing consulting services or any technical, legal, tax, investment or financial advice to you. Rather, all information on the Website is of a general nature, and thus does not pertain to, or to the particular circumstances of, any particular entity. Thus, you alone bear responsibility of evaluating the merits and risks of any information provided on the Website. 9. Testimonials Any testimonials provided on the Website reflect the real-life experiences of users of Owner’s goods and/or services. However, experiences may vary, and thus any testimonial does not guarantee your experience, or that the testimonial is reflective of a typical user experience.
10. Third Party
Trademarks All third party product names, trade names or marks are the respective property of the third party referenced. Use of such third party marks does not imply ownership of those marks, nor of any affiliation or endorsement by the third party unless explicitly stated as such.
11. Limitation of liability
In no event shall Owner, or any of its affiliates, subsidiaries, partners, officers, directors or employees, be liable to you for any reason arising out of or in any way connected with your use of the Website, whether such liability is asserted under contract, tort or otherwise, and whether such liability is asserted due to any errors, omission or misstatements made on the Website, regardless of the reasonableness of reliance by you on the information provided on this Website. You further agree that Owner, including its affiliates, subsidiaries, partners, officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby agree to indemnify, to the fullest extent available under law or in equity, Owner from and against any and all liabilities, costs, demands, causes of action, damages and expenses, including reasonable attorney’s fees and punitive damages, arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, but rather such provisions shall be effectively deleted without affecting the remaining provisions herein.
14. Modification of Terms
Owner is expressly permitted to revise these Terms at any time and as it sees fit in its sole discretion, and by using this Website you agree to review such Terms on a regular basis to ensure that you understand all then-current Terms governing use of this Website.
Owner shall be permitted to assign, transfer, and subcontract all or some portion of its rights and/or obligations under these Terms without any notification to or consent from you. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
16. Entire Agreement
These Terms, including any legal notices and disclaimers contained on any page of this Website, constitute the entire agreement between Owner and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
17. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles, and by your use of the Website you submit to the non-exclusive jurisdiction of the state and federal courts located in New York for the resolution of any disputes arising hereunder.