PERSONAL AND NONCOMMERCIAL USE LIMITATION
This Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from this Site. You specifically agree not to access (or attempt to access) the content of the Site through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site.
LINKS TO THIRD PARTY SITES
Siteowner may contain links to web sites operated by third parties other than Siteowner. Such links are provided for your reference only. Siteowner does not control such web sites, and is not responsible for the contents of these web sites. Siteowner’s inclusion of links to such web sites does not imply any endorsement of the material on such web sites. If you decide to access any third party websites, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies of such websites.
COPYRIGHT AND TRADEMARK NOTICES
All content on this Site is copyright protected by %Owner% (© 2005 – 2011). All rights reserved. Other product and company names mentioned herein may be the trademarks or copyrights of their respective owners. You may not remove, modify, or copy any trademarked or copyrighted content for use in any fashion.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions and notices.
Siteowner connects customers with companies and persons (hereinafter, “Providers”) that provide services and sell products. Some of these services relate to energy services. This Site does not represent or imply that any service category available on this Site contains a complete or comprehensive list or choice of all service Providers that can provide service to you at your particular address. This Site may exclude certain service Providers that have not agreed to participate on this Site. Accordingly, there may be service Providers that can provide you with service at your particular address that do not appear on this Site and are not listed as a choice for you to select under a particular service category contained on this Site. You are in no way obligated to use this Site or to choose any particular service provider that appears on this Site.
Our websites will suggest various Providers for your energy service. We do not guarantee that you will receive the lowest price or the best service. We do not represent, warrant, or guarantee that the prices listed on this or other affiliated websites are the lowest prices offered in the market, or even the lowest prices offered by the referenced service Providers. We make no warranties or representations of any kind regarding the services you will receive. Various Providers pay us fees to refer them customers. In some cases, our fees from energy services Providers are $0.006 per kilowatt hour of electricity. We may refer you to a provider or list a specific provider or promote a specific provider specifically because they pay us a higher fee than other Providers in the same market. In this regard, there may have a conflict of interest between your interests and our interests. By using our websites, you acknowledge this conflict of interest, agree to conduct your own due diligence to determine whether our recommendations are appropriate for you, and waive any and all claims you might have against us arising out of any such conflict.
USE OF OUR SERVICES
Whenever you order or purchase a service or product through this Site you are warranting to us and the applicable service provider that you are at least 18 years of age and possess the legal authority to enter into the transactions made available through this Site and will use this service in accordance with all terms and conditions herein and as set forth in this Site. You agree to be financially responsible for your use of and all transactions made in connection with services and products ordered or purchased through this Site. Without limitation, any speculative, false or fraudulent purchase, order, reservation or notification to any service provider through this Site is prohibited. You agree that you will be completely responsible for all charges, fees, duties, taxes and assessments arising out of the purchases and orders you make through this Site.
NOT RESPONSIBLE FOR INFORMATION PORTRAYED
Siteowner is not responsible for content contained on our sites, including pricing information for the Services. With regard to energy services, the Total Rate shown on our sites may differ from the Total Rate shown on Providers’ sites and may differ from what you might experience if you become a customer of one of our Providers. Providers may change their rates from time to time and such changes are beyond our control. Computation of Total Rates depend on assumptions for average usage and rounding rules, which may differ between our Site and Providers’ sites. You should rely on the Total Rates posted by Providers in the market rather than on information provided on our sites. You are responsible for reading and understanding the terms of service and other disclosures made by Providers.
If you enter into an agreement with a Provider, you will be responsible for reading and understanding the terms of that contract. It is also your responsibility to comply with the terms of any such agreement. You will be solely responsible for any early termination or other fees associated with that agreement in the event that you breach the agreement or terminate it early. We cannot be liable for any damages to you in the event that a Provider breaches its agreement with you. In that event, we will be happy to assist you in locating another provider. You waive any claims for damages against us, and represent and warrant to us that you are not relying on us to recommend any particular provider. You agree that you will conduct full due diligence on any Provider with whom you choose to do business and you recognize that we have not conducted any such due diligence.
USE OF E-MAILS AND OTHER COMMUNICATIONS METHODS
This Site may provide the ability to send e-mails or similar messages and communications to our service Providers and to us. You agree to use communication methods available on this Site only to send messages and material that are proper and related to the subject matter for which this communication method was made available. By way of example, and not as a limitation, you agree that when using an e-mail or other communication method made available on this Site, you will not do any of the following: (i) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (ii) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, false, untruthful or unlawful material or information; (iii) Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters. You acknowledge that all forums are public and not private communications. Further, you acknowledge that communications to or from service Providers are not endorsed by us and such communications shall not be considered reviewed, screened or approved by us.
FORMS, REGISTRATION AND PASSWORDS
If any of the services, information or materials provided via this Site require you to open an account, register or provide certain information, you agree to complete the account initiation, registration or other process by providing Siteowner with current, complete and accurate information as requested by any forms. You acknowledge and agree that any login, identifier or password issued in connection with this Site (each, a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access this Site using such Password. You agree to notify Siteowner immediately of any unauthorized use of any Password or any other breach of security of which you are aware. You may not use any Password that is not issued directly to you or approved by Siteowner. You acknowledge and agree that Siteowner, in its sole discretion, may suspend or discontinue your, and refuse any and all current and future, access to or use of any portion of this Site at any time without notice to you for any reason.
Siteowner cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and Personally Identifiable Information, to this Site.
CUSTOMER will indemnify and hold harmless Siteowner and its officers, directors, agents, representatives and employees and its affiliates, their respective officers, directors, agents, representatives and employees (collectively, the “Siteowner Indemnified Parties”), for any costs or expenses of every kind and character, including court costs and attorneys’ fees, resulting from claims, including injury to and death of persons, arising from any act, omission, or incident arising directly or indirectly from the performance of its duties under this Agreement, including claims resulting from the negligence or gross negligence of the Siteowner Indemnified Parties.
RELATIONSHIP OF THE PARTIES
Providers, by providing the services offered and discussed on Siteowner’s websites, are acting as independent contractors and not as Siteowner’s agents, partners, affiliates, or employees and have no fiduciary or similar relationship with Siteowner or CUSTOMER. Accordingly, nothing in this Agreement or on the Site is intended or will be construed to constitute or imply a joint venture, partnership, association or fiduciary duty, obligation or liability between Siteowner, the Providers, and CUSTOMER. Siteowner works with Eisenbach Consulting, LLC (“EC”), and all provisions of this agreement govern your relationship with EC.
LIMITATION OF LIABILITY
SERVICE AND PRODUCT OFFERINGS MADE AVAILABLE FOR PURCHASE BY YOU ON THIS SITE ARE MADE AND OFFERED DIRECTLY BY THE APPLICABLE SERVICE PROVIDER. WHEN YOU PURCHASE ANY PRODUCT OR SERVICE THROUGH THIS SITE, YOU ARE CONTRACTING DIRECTLY WITH THE SERVICE PROVIDER THAT WILL BE PROVIDING THAT PRODUCT OR SERVICE TO YOU. THIS SITE FACILITATES YOUR TRANSACTIONS WITH SERVICE PROVIDERS. YOU ARE NOT PURCHASING OR ORDERING PRODUCTS OR SERVICES FROM EISENBACH CONSULTING, LLC, OR ITS AFFILIATES, WHEN YOU SUBMIT AN ORDER. ALTHOUGH WE ARE INTERESTED IN RECEIVING FEEDBACK REGARDING OUR SERVICE PROVIDERS AND THEIR PRODUCTS AND SERVICES, AND MAY FROM TIME TO TIME ASSIST YOU IN YOUR DEALINGS WITH SUCH SERVICE PROVIDERS, WE ARE NOT RESPONSIBLE FOR THE PERFORMANCE OF ANY SERVICE PROVIDER.
NEITHER SITEOWNER NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SITEOWNER OR A SUPPLIER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, REGARDLESS OF WHETHER SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS ARE PROVIDED BY SITEOWNER OR ANY THIRD PARTY. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITEOWNER AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, WHETHER PROVIDED OR OWNED BY IT OR THEM OR BY ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SITEOWNER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, AND YOU MAY NOT RELY ON THE INFORMATION AND MATERIALS ACCESSIBLE VIA THIS SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY FULLY TO YOU, BUT YOU AGREE THAT IT APPLIES TO THE FULLEST EXTENT OF THE LAW TO LIMIT OUR LIABILITY.
The provisions of this Section will survive the termination of this Agreement. This Agreement shall not provide any person not a Party to this Agreement with any remedy, claim, liability reimbursement, cause of action or other right in excess of those existing without reference to this Agreement.
- Compliance with Law.
CUSTOMER shall, at all times during the term of this Agreement and at its own expense, comply with all applicable federal, state, and local laws, rules, and regulations.
- Choice of Law/Mandatory Venue.
THIS AGREEMENT IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF TEXAS OR ANY OTHER JURISDICTION) THAT WOULD RESULT IN THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF TEXAS. THE PARTIES MUTUALLY CONSENT TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS IN SMITH COUNTY, TEXAS, AND AGREE THAT ANY ACTION, SUIT, OR PROCEEDING CONCERNING, RELATED TO, OR ARISING OUT OF THIS AGREEMENT AND THE NEGOTIATION OF THIS AGREEMENT SHALL BE BROUGHT ONLY IN A FEDERAL OR STATE COURT IN SMITH COUNTY, TEXAS, AND THE PARTIES AGREE THAT THEY WILL NOT RAISE ANY DEFENSE OR OBJECTION OR FILE ANY MOTION BASED ON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, INCONVENIENCE OF THE FORUM, OR THE LIKE IN ANY CASE FILED IN A FEDERAL OR STATE COURT IN SMITH COUNTY, TEXAS.
- Entire Agreement.
This TOS constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous, oral or written, express or implied understanding between them respecting the subject matter hereof. No modification, amendment or waiver will be effective or binding without the written consent of the Parties.
No waiver or consent, express or implied, of any default in the performance of any provision herein will operate or be construed as a waiver or consent of any other default whether of a like or different nature. Failure to complain of any act or to declare a default with respect to this Agreement, regardless of how long that failure continues, will not constitute a waiver with respect to that default until the applicable statute of limitations period has run.
If any provision of this Agreement is, for any reason, adjudged by any court of competent jurisdiction to be invalid or unenforceable, such judgment will not affect, impair or invalidate the remainder of this Agreement which shall be enforced as fully as possible, but will be confined in its operation to the provision directly involved in the controversy in which judgment will have been rendered. The provision rendered invalid or unenforceable shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the Siteowner as expressed herein.
- No Third Party Beneficiaries.
This Agreement is intended for the exclusive benefit of the Parties and their respective successors and permitted assigns, and nothing in this Agreement shall be construed as creating any rights or benefits in or to any third party, except as specified herein.
This Agreement shall not be interpreted either more or less favorably towards any party by virtue of the fact that such party or its counsel was responsible for the drafting of all or a portion hereof.
Headings contained in this Agreement are for convenience only and shall not be construed to define or limit any terms herein, or otherwise affect the meaning or interpretation of this Agreement.
Notwithstanding any assistance provided by the Parties to each other in implementing the Agreement to maximize value to both Parties, the Parties hereby acknowledge and agree that they are, and will in implementing the Agreement be, acting independently. Nothing herein is intended to or will make the Parties joint venturers, partners or otherwise authorizes a Party to act on behalf of the other or otherwise bind the other.