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By accessing, using or viewing this website, you hereby agree to be bound by these Terms of Use ("Terms of Use"). EnerCrest may revise these Terms of Use at any time by updating this posting. If you access, use or view this website after such revisions, you are bound by the revised Terms of Use. If you do not agree to these Terms of Use, please exit this website.
1. User Conduct
EnerCrest hereby grants you a personal, non-exclusive, non-transferable, revocable license to access and use our website and the information contained within this website. You may make a limited number of copies from this website for your own internal, personal, non-commercial purposes and provided that you maintain all applicable copyright and other policies. You may not assign or sublicense this license. Unless you have received EnerCrest's express, written permission, you may not: (1) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of the website, including the content and/or software on, and the look and feel of, the website; (2) make any use of EnerCrest's trademarks, trade dress and/or other intellectual property; (3) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of EnerCrest; or (4) use any meta tags or any other "hidden text" utilizing EnerCrest's name or trademarks.
2. Copyrights, Trademarks & Trade Dress
All content included on this website, the compilation of all content on this website and all software used on the site are the property of EnerCrest, its affiliates or its content suppliers, and are protected by U.S. and international copyright and trademark laws. ENERCREST and the EnerCrest Logo, as well as other marks so indicated on this website and other graphics, logos, images, page headers and titles, button icons, scripts and trade and service names, are the copyrights, trademarks, trade dress and/or other intellectual property of EnerCrest in the U.S. and other countries.
3. Third Party Sites & Policies
This website may contain links to other Internet sites that are not owned or maintained by EnerCrest ("Third-Party Sites"). Links to Third-Party Sites are provided as citations and aids to help you identify and locate other Internet resources that may be of interest. If you link to one of these websites, you are transferred to another website beyond the control of EnerCrest and your privacy and conditions of your use at those websites will be governed by the privacy policy and terms of use at that website. Links to Third-Party Sites are not intended to state or imply that EnerCrest sponsors, or is affiliated or associated with, the linked Third Party Sites.
4. Warranties & Disclaimers
THE INFORMATION PROVIDED THROUGH THIS WEBSITE IS FOR GENERAL INFORMATIONAL PURPOSES AND IS NOT INTENDED TO BE A COMPLETE DESCRIPTION OF THE TERMS, EXCLUSIONS, AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE OFFERED BY ENERCREST. WHILE ENERCREST AIMS TO KEEP THE INFORMATION ON THIS WEBSITE AS CURRENT AND ACCURATE AS POSSIBLE, THE CONTENT OF THIS WEBSITE, INCLUDING ANY LINKS TO THIRD-PARTY CONTENT, IS PROVIDED "AS IS" AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED.
ENERCREST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN, OR RELIANCE UPON, THE INFORMATION IN THIS WEBSITE.
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT OF THE LAW. ENERCREST MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT THE CONTENT ON THIS WEBSITE WILL BE ACCURATE, COMPLETE, OR AVAILABLE AT ALL TIMES.
5. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENERCREST, AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, ASSIGNS, SUCCESSORS, EMPLOYEES AND SUBCONTRACTORS, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, MENTAL ANGUISH, OR EMOTIONAL DISTRESS THAT RESULT FROM THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS PROVIDED ON THIS WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM ACTIONS TAKEN BY YOU OR OTHERS IN RELIANCE ON INFORMATION CONTAINED IN THIS WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT ENERCREST IS NOT LIABLE FOR ANY OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF ANY VISITOR TO THIS WEBSITE, OR USER OF INFORMATION OBTAINED THROUGH THIS WEBSITE. YOU AGREE THAT ENERCREST SHALL NOT BE LIABLE FOR ANY DAMAGES UNDER ANY INDEMNITY OR THEORY, INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PATENT OR COPYRIGHT INFRINGEMENT, OR OTHERWISE. SOME JURISDICTIONS MAY RESTRICT THESE LIMITATIONS OF LIABILITY.
6. Indemnity
You agree to defend, indemnify and hold EnerCrest, and its subsidiaries, affiliates, agents, assigns, successors, employees, and subcontractors, harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses, including but not limited to reasonable attorneys' fees arising from or relating to your use of this website or your acts or omissions relating to this website, including but not limited to: (1) infringement or misappropriation of any intellectual property rights, (2) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, (3) spamming, or any other offensive, harassing or illegal conduct or violation of these Terms of Use, or (4) any damage or destruction to our website, or to us, or to another person which is caused by or otherwise results from your acts and omissions.
7. Termination for Failure to Comply with Terms of Use
We reserve the right to investigate suspected violations of these Terms of Use. If we become aware of possible violations, we may initiate an investigation that may include gathering information from you or any user involved and the complaining party, if any, and examination of other material. We may suspend the provision of our services temporarily, or we may permanently remove the material involved from our servers, provide warnings to you, or suspend or terminate your access to our services. We will determine what action will be taken in response to a violation on a case-by-case basis, and at our sole discretion.
8. Applicable Laws
The laws of Wyoming govern this agreement. You agree that any legal action between you and EnerCrest shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Wyoming.
9. General Information
These Terms of Use constitute the entire agreement between you and EnerCrest and govern your use of this website. The failure of EnerCrest to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10. Acknowledgement
You acknowledge that you have read and understand these Terms of Use, and that these Terms of Use have the same force and effect as a signed agreement.
11. All Rights Reserved
All rights not expressly granted herein are hereby reserved.
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