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ENERGIA®
INC. ACCEPTANCE OF TERMS THROUGH USE
By
using this site, you signify your agreement to all terms,
conditions, and notices contained or referenced herein
(the "Terms of Use"). If you do not agree to
these Terms of Use please do not use this site.
We reserve the right, at our discretion, to update or
revise these Terms of Use. Please check the Terms
periodically for changes. Your continued use of this site
following the posting of any changes to the Terms
of Use constitutes acceptance of those changes.
AGREEMENT
TO RULES OF USER CONDUCT
You agree to abide by Energia, Inc.’s Rules
of User Conduct, including but not limited to, agreeing
not to use this site for any unlawful purpose.
THIRD
PARTY SITES
This site may produce automated search results or otherwise
link you to other sites on the Internet. These sites may
contain information or material that some people may find
inappropriate or offensive. These other sites are not
under the control of Energia, and you acknowledge that
Energia is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of
the content of such sites. The inclusion of such a link
does not imply endorsement of the site by Energia or any
association with its operators.
PROPRIETARY
RIGHTS
You acknowledge and agree that all content and materials
available on this site are protected by copyrights, trademarks,
service marks, patents, trade secrets, or other proprietary
rights and laws. Except as expressly authorized by Energia,
you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works
from such materials or content.
Notwithstanding
the above, you may print or download one copy of the materials
or content on this site on any single computer for your
personal, non-commercial use, provided you keep intact
all copyright and other proprietary notices. Systematic
retrieval of data or other content from this site to create
or compile, directly or indirectly, a collection, compilation,
database or directory without written permission from
Energia is prohibited. In addition, use of the content
or materials for any purpose not expressly permitted in
these Terms of Use is prohibited.
As noted above,
reproduction, copying, or redistribution for commercial
purposes of any materials or design elements on this site
is strictly prohibited without the express written permission
of Energia. Permission is granted only when certain limited
criteria are met. For information on requesting such permission,
please click
here.
USER'S
GRANT OF LIMITED LICENSE
By posting or submitting content to this site, you:
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Grant
Energia and its affiliates and licensees the right
to use, reproduce, display, perform, adapt, modify,
distribute, have distributed, and promote the content
in any form, anywhere and for any purpose; and |
| 2.
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Warrant
and represent that you own or otherwise control all
of the rights to the content and that public posting
and use of your content by Energia will not infringe
or violate the rights of any third party. |
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT")
ARE PROVIDED "AS IS" AND "AS AVAILABLE"
FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
ENERGIA, INC., ITS SUBSIDIARIES, AND ITS LICENSORS DO
NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR
CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION
OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY
TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ENERGIA, INC., ITS SUBSIDIARIES,
OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS
LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY
OTHER BASIS, EVEN IF ENERGIA, INC. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, ENERGIA INC.’S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
INDEMNIFICATION
Upon a request by Energia, you agree to defend, indemnify,
and hold harmless Energia and its subsidiary and other
affiliated companies, and their employees, contractors,
officers, and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from
your use or misuse of this site. Energia reserves the
right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with Energia
in asserting any available defenses.
INTERNATIONAL
USE
Energia makes no representation that materials on this
site are appropriate or available for use in locations
outside the United States, and accessing them from territories
where their contents are illegal is prohibited. Those
who choose to access this site from other locations do
so on their own initiative and are responsible for compliance
with local laws.
CHOICE
OF LAW AND FORUM
These Terms of Use shall be governed by and construed
in accordance with the laws of Georgia, excluding its
conflicts of law rules. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or
relating to these Terms of Use or your use of
this site shall be filed only in the state or federal
courts located in Georgia, and you further agree and submit
to the exercise of personal jurisdiction of such courts
for the purpose of litigating any such claim or action.
SEVERABILITY
AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes
the entire agreement between you and Energia, Inc. with
respect to this site and supersedes all prior or contemporaneous
communications and proposals (whether oral, written, or
electronic) between you and Energia with respect to this
site. If any part of these Terms of Use is held
invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect,
as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full
force and effect.
TERMINATION
Energia, Inc. reserves the right, in its sole discretion,
to terminate your access to all or part of this site,
with or without notice.
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