ACCEPTANCE OF THE TERMS AND CONDITIONS:
These Terms and Conditions (the “Terms “) are entered into by and between you and Marc Jones Construction, L.L.C. d/b/a Energypro (“Energypro,” “Company,” “we,” or “us”), and govern your access to and use of our websites (including goEnergypro.com), including any content, functionality, facilities, and services offered on or through goEnergypro.com (“the Site”). By using the Site, you accept and agree to be bound by and abide by the Terms. If you do not want to agree to these Terms, you must not access or use the Site. Please read the Terms carefully before you start to use the Site.
Energypro may periodically revise and update these Terms in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. You are expected to review this page frequently so you are aware of any changes, as they are binding on you. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.
You may use this Site in an individual capacity or as a representative of a business entity. This Site is offered and available to users of the age of majority. By using this Site, you represent and warrant that you are of legal age to form legally binding contracts under applicable law. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you are solely responsible for maintaining the confidentiality of your password and account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. Furthermore, you are solely responsible for any and all activities that occur under your account, or which result from your access to or use of the Site. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
2. Prohibited Uses
a) You may use the Site only for lawful purposes and in accordance with these Terms. You agree that you will not use the Site:
- in a manner that violates or facilitates the violation of any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- to violate, plagiarize, or infringe on the intellectual property or contractual rights of any person in connection with any use of the Site;
- to transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, discriminatory or otherwise objectionable material, or to encourage conduct that would give rise to civil liability of any manner;
- to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
b) You agree that you will not:
- use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- impersonate or attempt to impersonate Energypro, a Energypro employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
- use the Site in any manner that may disable, damage, impair, or overburden the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
- use any manual process to monitor or copy any of the material or information of this Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent; or
- resell, assign or transfer, in whole or in part, your right to use the Site;
- use any device, software, or routine that interferes with the proper working of the Site;
- introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
- attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Site.
3. Proprietary Materials
The Site contains trademarks, copyrights and other proprietary information and materials. This Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned or licensed by Energypro, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, publish, modify, publicly display, publicly perform, download, store, create derivative works of, sell or otherwise transmit or exploit any of such proprietary materials without the express written permission of the owner of the rights to such materials. You agree not to remove any copyright, trademark, or other proprietary notice or legend contained on this Site or on any materials obtained through this Site.
4. Data and User Information Privacy
5. Disclaimer of Warranties
a) Energypro does not guarantee or warrant that files available for downloading from the internet or the Site will be error free, of viruses, bugs, or other destructive code, or that the Site and its servers are free of harmful components. Energypro does not guarantee that the uses of its Site, or the materials provided within the Site, are accurate, without error, or reliable. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
b) TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
c) Your use of the Site, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS at your sole risk. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT representations, warranties and guarantees of any kind, expressed or implied.TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
d) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
6. Limitation of Liability
a) To the fullest extent provided by law, in no event will Energypro, its affiliates, or their licensors, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS be liable for damages of any KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, indirect, incidental, special, consequential, or PUNITIVE damages, including, without limitation, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, loss of profits, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF goodwill, LOSS OF use, LOSS OF data, or other intangible losses AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE..
b) THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Energypro, its subsidiaries, affiliates, partners, licensors, and third-party advertisers and their respective directors, officers, agents, employees, licensors, assigns and suppliers from and against any claims, costs, damages, expenses, judgments, awards, losses, fees or liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or relating to your use of the Site, your violation of these Terms, including, but not limited to, your Feedback, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, your use of any information obtained from the Site, or your violation of any rights of a third party.
8. Export Control Laws
Export of any information from this Site is subject to all United States Export Control laws. No content from this Site may be downloaded or otherwise exported in violation of these or any other laws.
9. Changes to the Site
Energypro may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
10. Dispute Resolution & Arbitration
a) You and Energypro agree that any dispute arising out of or relating to these Terms or the use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be resolved exclusively by arbitration. The arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and Mediation Procedures, rather than in court before a judge or by jury. The arbitrator’s decision will be final and may be entered and enforced in any court having jurisdiction. You and Energypro further agree that all claims and disputes will be brought only on an individual basis, and the parties waive the right to bring or participate in class arbitrations and class actions.
b) Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
11. Entire Agreement; Severability; Waiver
These Terms and all materials incorporated by reference constitute the sole and entire understanding between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect. Any failure of Energypro to assert or enforce any provision or right under these Terms shall not a waiver of any such provision or right.
12. Third-Party Sites and Advertisers
This Site may include links to other sites and resources provided by third parties. These links are provided for your convenience only and such third-party sites are not under the control of Energypro, and Energypro accepts no responsibility for the contents of any third-party site or for any loss or damage that may arise from your use of them. The fact that a link is included in this Site does not constitute an endorsement of the site or its operators or of the goods or services provided by or accessed through said site. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
As a part of the Site, we may email or provide you offers and other specials from Energypro or from third parties (collectively “Promotions”). Promotions may expire and are otherwise subject to change without notice. We have no control over their legality or the ability of any third party to conduct or honor a Promotion (including the sale in accordance with the offer).
14. Consent to Electronic Communications
a) Any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email or other submissions to us (collectively “Feedback”), will be considered non-confidential and non-proprietary. By providing any Feedback, you grant to us and our respective licensees, successors, assigns, subsidiaries and affiliates the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose without compensation or attribution to you.
b) You understand and acknowledge that you are responsible for any Feedback you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
c) We are not responsible or liable to any third party for the content or accuracy of any Feedback posted by you or any other user of the Site.
The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.