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Website Terms and
Conditions
This page
states the Terms and Conditions under which you may use
this website ("Website"). Please read this page
carefully. If you do not accept the Terms and Conditions
stated here, do not use the Website. By visiting the
Website you are acknowledging that you have read,
understood and agreed to comply with these set terms.
Energy Capital Group, LLC ("Energy
Capital Group") may revise these Terms and Conditions at
any time by updating this posting. You should visit this
page periodically to review the Terms and Conditions,
because they are binding to you.
Section 1. Use of Material.
The Company authorizes you to view and download a single
copy of the material on this Website solely for your
personal, noncommercial use. Special rules may apply to
the use of certain items provided on the Website. Any
such special rules are listed as Legal Notices on this
Website and are incorporated into this Agreement by
reference.
The contents of this Website, such as text, graphics,
images and other material ("Material") are protected by
copyright under both United States and foreign laws.
Unauthorized use of the Material may violate copyright,
trademark and other laws. You must retain all copyright
and other proprietary notices contained in the original
Material on any copy you make of the Material. You may
not sell or modify the Material or reproduce, display,
publicly perform, distribute or otherwise use the
Material in any way for any public or commercial
purpose. The use of the Material on any other website or
in a networked computer environment for any purpose is
prohibited.
If you violate any of these Terms, your permission to
use the Material automatically terminates and you must
immediately destroy any copies you have made of the
Material.
Section 2. Company's Liability.
The Material may contain inaccuracies or typographical
errors. The Company makes no representations about the
accuracy, reliability, completeness, or timeliness of
the Material or about the results to be obtained from
using the Website and the Material. The use the Website
and the Material is at your own risk. Changes are
periodically made to the Website and may be made at any
time.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL
OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER
ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF
YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY
AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES'
RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR
PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO
WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE TEXT, GRAPHICS AND LINKS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS OR ANY
THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR
DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the
Website is considered to be non-confidential. If
particular web pages permit the submission of
communications which the Company will treat as
confidential, that fact will be stated in Legal Notices
on those pages. By posting communications to the
Website, you automatically grant the Company a
royalty-free, perpetual, irrevocable nonexclusive
license to use, reproduce, modify, publish, edit,
translate, distribute, perform and display the
communication alone or as part of other works in any
form, media or technology, whether now known or
hereafter developed, and to sublicense such rights
through multiple tiers of sub licensees.
As a User, you are responsible for your own
communications and are responsible for the consequences
of their posting. You must not do the following things:
post material that is copyrighted, unless you are the
copyright owner or have the permission of the copyright
owner to post it; post material that reveals trade
secrets, unless you own them or have the permission of
the owner; post material that infringes on any other
intellectual property rights of others or on the privacy
or publicity rights of others; post material that is
obscene, defamatory, threatening, harassing, abusive,
hateful or embarrassing to another User or any other
person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain
letters or pyramid schemes; or impersonate another
person.
The Company does not represent or guarantee the
truthfulness, accuracy, or reliability of any of
communications posted by other Users or endorse any
opinions expressed by Users. You acknowledge that any
reliance on material posted by other Users will be at
your own risk.
The Company does not screen communications in advance
and is not responsible for screening or monitoring
material posted by Users. If notified by a User of
communications which allegedly do not conform to this
Agreement, the Company may investigate the allegation
and determine in good faith and its sole discretion
whether to remove or request the removal of the
communication. The Company has no liability or
responsibility to Users for performance or
nonperformance of such activities. The Company reserves
the right to expel Users and prevent their further
access to the Website for violating this Agreement or
the law and the right to remove communications which are
abusive, illegal or disruptive.
Section 5. Links to and From Other Sites.
The Company does not have responsibility and shall not
be liable for the accuracy or availability of
information provided by websites which are linked to
this Website via hypertext or other computer "Links".
The Website contains links to third party websites.
These links are provided solely as a convenience to you
and not as an endorsement by the Company of the contents
on such third-party websites. The Company is not
responsible for the content of linked third-party sites
and does not make any representations regarding the
content or accuracy of materials on such third party
websites. If you decide to access linked third-party
websites, you do so at your own risk.
Section 6. Software Licenses.
All software that is made available for downloading from
the Website ("Software") is protected by copyright and
may be protected by other rights. The use of such
software is governed by the terms of the software
license agreement or designated Legal Notice
accompanying such software ("License Agreement"). The
downloading and use of such software is conditioned on
your agreement to be bound by the terms of the License
Agreement.
Section 7. Limitation of Liability.
Unless otherwise expressly provided in a Software
License or Legal Notice, the aggregate liability for
Company to you for all claims arising from the use of
the Materials (including Software) is limited to $100.
Section 8. Indemnity.
You agree to defend, indemnify and hold harmless the
Company, its officers, directors, employees and agents,
from and against any claims, actions or demands,
including, without limitation, reasonable legal and
accounting fees, alleging or resulting from your use of
the Material (including Software) or your breach of the
terms of this Agreement. The Company shall provide
notice to you promptly of any such claim, suit, or
proceeding and shall assist you, at your expense, in
defending any such claim, suit or proceeding.
Section 9. Export Control.
The United States controls the export of products and
information. You agree to comply with such restrictions
and not to export or re-export the Materials (including
Software) to countries or persons prohibited under the
export control laws. By downloading the Materials
(including Software), you are agreeing that you are not
in a country where such export is prohibited or are a
person or entity to which such export is prohibited. You
are responsible for compliance with the laws of your
local jurisdiction regarding the import, export, or
re-export of the Product.
Section 10. General.
The Company makes no claims the Materials are
appropriate or may be downloaded outside of the United
States. Access to the Materials (including Software) may
not be legal by certain persons or in certain countries.
If you access the Website from outside of the United
States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. This
Agreement is governed by the internal substantive laws
of the State of Florida, without respect to its conflict
of laws principles. If any provision of this Agreement
is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed
a further or continuing waiver of such term or any other
term. Except as expressly provided in a particular Legal
Notice or Software License or material on particular web
pages, this Agreement constitutes the entire Agreement
between you and the Company with respect to the use of
Web site. Any changes to this Agreement must be made in
writing, signed by an authorized representative of the
Company.
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