We are Impact Energi, LLC
(
"Company,"
"we," "us," "our"), a company registered inArizona, United States at 10220 E Meadow Hill Dr, Scottsdale,
AZ85260.
We operate the
website http://www.impactenergi.com (the "Site")
, as well as any other related products and services that
refer or
link to these legal terms (the "Legal
Terms") (collectively, the
"Services").
You can contact us by phone at 1-877-336-6680, email at
info@imactenergi.com, or by
mail to __________, One Renaissance Tower, 2 North
Central
Avenue, Suite 1800, Phoenix, AZ85004, United States.
These Legal Terms constitute
a legally binding agreement
made between you, whether personally or on behalf of an entity (
"you"), and Impact
Energi, LLC, concerning your access to and use of the Services. You agree that by
accessing
the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.
IF YOU DO
NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND
YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and
conditions or documents that may
be posted on the Services from time to time are hereby expressly incorporated herein by
reference. We
reserve the right, in our sole discretion, to make changes or modifications to these Legal
Terms at any time and for any reason. We will alert you about any changes by updating the "Last
updated" date of these Legal Terms, and you
waive any
right to receive specific notice of each such change. It is your responsibility to
periodically review
these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to
have been
made aware of and to have accepted, the changes in any revised Legal Terms by your continued
use of the
Services after the date such revised Legal Terms are posted.
The
Services are intended for users who are at least 18 years old. Persons under the
age
of 18 are not permitted to use or register for the Services.
We recommend that you
print a
copy of these Legal Terms for your records.
The information provided when using the Services is not intended
for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or
use would be contrary to law or regulation or which would subject us to any registration
requirement
within such jurisdiction or country. Accordingly, those persons who choose to access the
Services from
other locations do so on their own initiative and are solely responsible for compliance with
local laws,
if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management
Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use
the
Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley
Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our
intellectual
property
We are the owner or the
licensee of all intellectual
property rights in our Services, including all source code, databases, functionality,
software, website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the
"Content"),
as well as
the trademarks, service marks, and logos contained therein (the
"Marks").
Our Content and Marks are
protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are
provided in or through the
Services "AS IS" for
your personal, non-commercial use or internal business
purpose only.
Your use of
our
Services
Subject to your compliance with these Legal Terms, including the
"PROHIBITED
ACTIVITIES" section
below, we
grant you a non-exclusive, non-transferable, revocable
license to:
access the Services; and
download or print a copy of any portion of the Content to which
you have
properly gained access.
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this
section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use
of the Services, Content, or
Marks other than as set out in this section or elsewhere in our Legal Terms, please address
your request
to: info@imactenergi.com. If we ever grant you the permission to
post,
reproduce, or publicly display any part of our Services or Content, you must identify us as
the owners
or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary
notice
appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not
expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these
Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will
terminate
immediately.
Your submissions
Please review this section and the "PROHIBITED
ACTIVITIES" section
carefully
prior to using our Services to understand the (a) rights you give us and (b) obligations you
have when
you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment,
suggestion, idea, feedback, or other information about the Services (
"Submissions"), you agree to assign to us all
intellectual
property rights in such Submission. You agree that we shall own this Submission and be
entitled to its
unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without
acknowledgment or compensation to you.
You are responsible for what you post or upload:
By sending us
Submissions through any part of the Services you:
confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and
will not
post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful,
defamatory,
obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually
explicit,
false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all
moral rights
to any such Submission;
warrant that any such Submission are
original to you or that you have the necessary rights and
licenses to submit such Submissions and that you have full authority to grant us the
above-mentioned
rights in relation to your Submissions; and
warrant and represent that your Submissions do not constitute confidential information.
You are solely
responsible for
your Submissions and you expressly agree to reimburse us for
any and all
losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual
property rights, or (c) applicable law.
3.USER
REPRESENTATIONS
By using the Services, you
represent and warrant
that:(1) you have the legal capacity and you
agree to
comply with these Legal Terms;(2) you are not a
minor in the jurisdiction in which you reside; (3) you will not access the Services
through
automated or non-human means, whether through a bot, script or
otherwise; (4) you will not use the Services for
any illegal
or unauthorized
purpose; and (5) your use of the Services will not
violate any
applicable law or regulation.
If you
provide any
information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend
or terminate your account and refuse any and all current or future use of the
Services (or any
portion thereof).
4.PROHIBITED
ACTIVITIES
You may not
access or
use the Services for any purpose other than that for which we make the Services
available. The
Services may not be used in connection with any commercial
endeavors except those that are
specifically
endorsed or approved by us.
As
a user
of the Services, you agree not to:
Systematically
retrieve data or other content from the Services to create or
compile, directly
or indirectly, a collection, compilation, database, or directory
without written
permission from us.
Trick,
defraud, or mislead us and other users, especially in
any attempt to
learn sensitive account information such as user
passwords.
Circumvent,
disable, or otherwise interfere with security-related
features of
the Services, including features that prevent or
restrict the use or
copying of any Content or enforce limitations on the use
of the
Services and/or the Content contained
therein.
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or
the
Services.
Use
any information obtained from the Services in order to
harass,
abuse, or harm another
person.
Make
improper use of our support services or submit false
reports of
abuse or misconduct.
Use
the Services in a manner inconsistent with any
applicable laws or
regulations.
Engage
in unauthorized framing of
or linking
to the Services.
Upload
or transmit (or attempt to upload or to transmit)
viruses, Trojan
horses, or other material, including excessive use of
capital
letters and spamming (continuous posting of repetitive
text), that
interferes with any party’s uninterrupted use and
enjoyment of the
Services or modifies, impairs, disrupts, alters, or
interferes with
the use, features, functions, operation, or maintenance
of the
Services.
Engage
in any automated use of the system, such as using
scripts to send
comments or messages, or using any data mining, robots,
or similar
data gathering and extraction
tools.
Delete
the copyright or other proprietary rights notice from
any
Content.
Attempt
to impersonate another user or person or use the
username of another
user.
Upload
or transmit (or attempt to upload or to transmit) any
material that
acts as a passive or active information collection or
transmission
mechanism, including without limitation, clear graphics
interchange
formats ("gifs"), 1×1
pixels, web
bugs, cookies, or other similar devices (sometimes
referred to as
"spyware" or "passive
collection
mechanisms" or "pcms"
).
Interfere
with, disrupt, or create an undue burden on the Services
or the
networks or services connected to the
Services.
Harass,
annoy, intimidate, or threaten any of our employees or
agents
engaged in providing any portion of the Services to
you.
Attempt
to bypass any measures of the Services designed to
prevent or
restrict access to the Services, or any portion of the
Services.
Copy
or adapt the Services' software, including but not
limited to Flash,
PHP, HTML, JavaScript, or other
code.
Except
as permitted by applicable law, decipher, decompile,
disassemble, or
reverse engineer any of the software comprising or in
any way making
up a part of the
Services.
Except
as may be the result of standard search engine or
Internet browser
usage, use, launch, develop, or distribute any automated
system,
including without limitation, any spider, robot, cheat
utility,
scraper, or offline reader that accesses the Services,
or use or
launch any
unauthorized script or other
software.
Use
a buying agent or purchasing agent to make purchases on
the
Services.
Make
any unauthorized use of the
Services,
including collecting usernames and/or email addresses of
users by
electronic or other means for the purpose of sending
unsolicited
email, or creating user accounts by automated means or
under false
pretenses
.
Use
the Services as part of any effort to compete with us or
otherwise
use the Services and/or the Content for any
revenue-generating
endeavor
or commercial
enterprise.
Use the Services to advertise or offer to sell
goods and
services.
Sell or otherwise transfer your profile.
5.USER
GENERATED CONTRIBUTIONS
The
Services does not offer users to submit or post
content. We may
provide you with the
opportunity to create, submit, post, display,
transmit, perform,
publish, distribute, or broadcast content and
materials to us or
on the Services, including but not limited to text,
writings,
video, audio, photographs, graphics, comments,
suggestions, or
personal information or other material
(collectively,
"Contributions").
Contributions
may be viewable by other users of the Services and
through
third-party websites. When
you create or make available any Contributions, you
thereby
represent and warrant that:
The creation,
distribution,
transmission, public display, or performance, and the accessing,
downloading, or copying
of your Contributions do not and will not infringe the proprietary rights,
including but
not limited to the copyright, patent, trademark, trade secret, or moral
rights of any
third party.
You are the creator
and owner
of or have the necessary licenses, rights, consents, releases,
and
permissions to use and to authorize us, the Services, and other
users of the
Services to use your Contributions in any manner contemplated by the
Services and these
Legal Terms.
You have the
written consent,
release, and/or permission of each and every identifiable individual person
in your
Contributions to use the name or likeness of each and every such
identifiable individual
person to enable inclusion and use of your Contributions in any manner
contemplated by
the Services and these Legal Terms.
Your Contributions
are not
false, inaccurate, or misleading.
Your Contributions
are not
unsolicited or unauthorized advertising, promotional
materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
Your Contributions
are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or
otherwise
objectionable (as determined by us).
Your Contributions
do not
ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions
are not used
to harass or threaten (in the legal sense of those terms) any other person
and to
promote violence against a specific person or class of
people.
Your Contributions
do not
violate any applicable law, regulation, or rule.
Your Contributions
do not
violate the privacy or publicity rights of any third
party.
Your Contributions
do not
violate any applicable law concerning child pornography, or otherwise
intended to
protect the health or well-being of minors.
Your Contributions
do not
include any offensive comments that are connected to race, national origin,
gender,
sexual preference, or physical handicap.
Your Contributions
do not
otherwise violate, or link to material that violates, any provision of these
Legal
Terms, or any applicable law or regulation.
Any
use of
the Services in violation of the foregoing violates these Legal Terms
and may result
in, among other things, termination or suspension of your rights to use
the
Services.
6.CONTRIBUTION
LICENSE
You and
Services agree
that we may access, store, process, and use any information and personal data that
you provide
and your choices (including settings).
By submitting
suggestions
or other feedback regarding the Services, you agree that we can use and share such
feedback for any
purpose without compensation to you.
We do not
assert any
ownership over your Contributions. You retain full ownership of all of your
Contributions and any
intellectual property rights or other proprietary rights associated with your
Contributions. We are
not liable for any statements or representations in your Contributions provided by you
in any area
on the Services. You are solely responsible for your Contributions to the Services and
you expressly
agree to exonerate us from any and all responsibility and to refrain from any legal
action against
us regarding your Contributions.
7.THIRD-PARTY
WEBSITES AND CONTENT
The Services may
contain (or
you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles, photographs, text,
graphics,
pictures, designs, music, sound, video, information, applications, software, and other
content or items
belonging to or originating from third parties (
"Third-Party Content"
). Such Third-Party Websites and Third-Party Content are not investigated,
monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party
Websites accessed through the Services or any Third-Party
Content posted on, available through, or installed from the Services, including the content,
accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained
in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting
the use or installation of any Third-Party
Websites or any
Third-Party Content does not imply approval or
endorsement
thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk,
and you should
be aware these Legal Terms no longer govern. You should review the applicable terms and
policies,
including privacy and data gathering practices, of any website to which you navigate from
the Services
or relating to any applications you use or install from the Services. Any purchases you make
through
Third-Party Websites will be through other
websites and from
other companies, and we take no responsibility whatsoever in relation to such purchases
which are
exclusively between you and the applicable third party. You agree and acknowledge that we do
not endorse
the products or services offered on Third-Party
Websites and
you shall hold us blameless from any harm caused by your purchase of such products or
services.
Additionally, you shall hold us blameless from any losses sustained by you or harm caused to
you
relating to or resulting in any way from any Third-Party
Content or any contact with Third-Party Websites.
8.SERVICES
MANAGEMENT
We reserve the right,
but not the
obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal
action against anyone who, in our sole discretion, violates the law or these Legal Terms,
including without
limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and
without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without
limitation, notice, or liability, to remove from the Services or otherwise disable all files and
content
that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage
the
Services in a manner designed to protect our rights and property and to facilitate the proper
functioning of
the Services.
9.
PRIVACY POLICY
We care about data
privacy and
security. By using the Services, you agree to be bound by our Privacy Policy posted on the
Services,
which is incorporated into these Legal Terms. Please be advised the Services are hosted in
the United States. If you access the Services from any other region of the
world with
laws or other requirements governing personal data collection, use, or disclosure that
differ from
applicable laws in the United States, then through your continued use of the Services, you
are
transferring your data to the United States, and you expressly consent to have your data transferred
to and
processed in the United States.
10.TERM
AND TERMINATION
These Legal Terms
shall remain
in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO
AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT
CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR
PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR
SOLE
DISCRETION.
If we terminate
or suspend your
account for any reason, you are prohibited from registering and creating a new account under
your name,
a fake or borrowed name, or the name of any third party, even if you may be acting on behalf
of the
third party. In addition to terminating or suspending your account, we reserve the right to
take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive
redress.
11.MODIFICATIONS
AND INTERRUPTIONS
We reserve the
right to change,
modify, or remove the contents of the Services at any time or for any reason at our sole
discretion
without notice. However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any
modification,
price change, suspension, or discontinuance of the Services.
We cannot
guarantee the
Services will be available at all times. We may experience hardware, software, or other
problems or need
to perform maintenance related to the Services, resulting in interruptions, delays, or
errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at
any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any
loss, damage, or inconvenience caused by your inability to access or use the Services during
any
downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed
to obligate
us to maintain and support the Services or to supply any corrections, updates, or releases
in connection
therewith.
12.GOVERNING
LAW
These Legal Terms
and your use
of the Services are governed by and construed in accordance with the laws of the State of Arizona
applicable to agreements made and to be entirely performed withinthe State of Arizona
, without regard to its
conflict of law
principles.
13.DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or
claim related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by
either you or us
(individually, a "Party" and collectively, the "Parties"
), the Parties agree to first attempt to
negotiate any
Dispute (except those Disputes expressly provided below) informally for at least
thirty (30) days before initiating arbitration. Such informal negotiations
commence upon
written notice from one Party to the other Party.
Binding
Arbitration
If
the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those
Disputes expressly excluded below) will be finally and exclusively resolved by binding
arbitration. YOU
UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A
JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of
the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the
American Arbitration
Association (AAA) website. Your arbitration fees and your share of
arbitrator
compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA
Consumer Rules. The arbitration may be conducted in
person, through
the submission of documents, by phone, or online. The arbitrator will make a decision in
writing, but
need not provide a statement of reasons unless requested by either Party. The arbitrator
must follow
applicable law, and any award may be challenged if the arbitrator fails to do so. Except
where otherwise
required by the applicable AAA rules or applicable law, the arbitration will take place in
Maricopa, Arizona. Except as otherwise provided herein, the
Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to
confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than
arbitration, the
Dispute shall be commenced or prosecuted in the state and
federal courts located inMaricopa,Arizona, and
the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum
non conveniens
with respect to venue and jurisdiction in such state and
federal
courts. Application of the United Nations
Convention on
Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act
(UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party
related in any
way to the Services be commenced more than one (1) years after
the cause of
action arose. If this provision is found to be
illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of
this provision found to be illegal or unenforceable and such Dispute shall be decided by a
court of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to submit
to the personal jurisdiction of that court.
Restrictions
The
Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To
the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there
is no right
or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c)
there is no
right or authority for any Dispute to be brought in a purported representative capacity on
behalf of the
general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not subject
to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking
to enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized
use; and (c)
any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither
Party will elect to arbitrate any Dispute falling within that portion of this provision found to
be illegal
or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within
the courts
listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of
that court.
14.CORRECTIONS
There may be
information on the Services that contains typographical errors, inaccuracies, or omissions,
including
descriptions, pricing, availability, and various other information. We reserve the right to
correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at
any time,
without prior notice.
15.
DISCLAIMER
THE SERVICES ARE PROVIDED ON
AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND
YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY
OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO
THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES,
OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR
OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE
USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO
NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD
PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE
FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST
JUDGMENT
AND EXERCISE
CAUTION WHERE APPROPRIATE.
16.LIMITATIONS
OF LIABILITY
IN NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF
WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL
AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO USDURING
THE six (6) mONTH
PERIOD PRIOR TO
ANY CAUSE OF ACTION ARISING.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT
ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY
TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE
ADDITIONAL RIGHTS.
17.INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and
warranties set
forth in these Legal Terms; (4) your
violation of the
rights of a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other
user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we
reserve the
right, at your expense, to assume the exclusive
defense and control of any matter for
which you are required
to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use
reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
18.USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although
we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
19.ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services,
sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic
communications, and
you agree that all agreements, notices, disclosures, and other communications we provide to
you
electronically, via email and on the Services, satisfy any legal requirement that such
communication be
in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS,
AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY
US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes,
regulations,
rules, ordinances, or other laws in any jurisdiction which require an original signature or
delivery or
retention of non-electronic records, or to payments or the granting of credits by any means
other than
electronic means.
20.CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
21.MISCELLANEOUS
These Legal Terms and any
policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement
and
understanding between you and us. Our failure to exercise or enforce any right or provision
of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms
operate to the
fullest extent permissible by law. We may assign any or all of our rights and obligations to
others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by
any cause beyond our reasonable control. If any provision or part of a provision of these
Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of the provision
is deemed
severable from these Legal Terms and does not affect the validity and enforceability of any
remaining
provisions. There is no joint venture, partnership, employment or agency relationship
created between
you and us as a result of these Legal Terms or use of the Services. You agree that these
Legal Terms
will not be construed against us by virtue of having drafted them. You hereby waive any and
all defenses you may have
based on the electronic form of these Legal Terms and the lack of signing by the parties
hereto to
execute these Legal Terms.
22.CONTACT
US
In order to resolve a
complaint regarding the Services
or to receive further information regarding use of the Services, please contact us
at:
Impact Energi, LLC
One Renaissance Tower, 2 North Central Avenue, Suite
1800