KESSLER ENERGY TERMS OF USE
Last updated:
March 16, 2018
Websites operated by Kessler Energy, LLC
(collectively "Websites"), including but not limited to the domain
kesslerenergy.com, and all content available therein (including "Products" and "Trial Products")
are the exclusive property of Kessler Energy, LLC and/or its affiliates
(collectively "KE" or "Kessler"). By accessing the site, individuals acting on
behalf of Clients (aka "Authorized Users") agree to be bound by the current
"Terms of Use" (this document), "Privacy Policy" (available
here),
and the applicable "Master Agreement" or "Standard Master Agreement" available
here.
Authorized Users and Other Users are referred to
herein collectively as "Users". The Terms of Use, Privacy Policy, and Standard
Master Agreement may be amended or restated from time to time at KE’s sole
discretion and are made available on the Websites to authenticated users. Users
indicate their acceptance of revised or amended terms by continuing to access
the Websites after the amended or restated version of the Terms of Use, Privacy
Policy and/or Standard Master Agreement have been posted to the Websites.
The terms "Website(s)", "Product(s)", "Trial
Product(s)" and "Authorized User(s)" are as defined in the corresponding Master
Agreement or Standard Master Agreement.
COPYRIGHT,
LICENSE AND SITE ACCESS
All content included on the Websites, such as
text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, and software, is the property of KE or its content suppliers
and is protected by United States and international copyright laws. The
compilation of all content on the Websites is the exclusive property of KE and
protected by U.S. and international copyright laws. All software used on the
Websites is the property of KE or its software suppliers and is protected by
United States and international copyright laws. The Websites or any portion of
the Websites may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without express written
consent of KE. All persons or entities accessing the Websites, including Users,
are prohibited from using any automated communication tool to access the
Websites, including but not limited to screen scraping or other data extraction
tools and may not frame or utilize framing techniques to enclose any trademark,
logo or other proprietary information (including images, text, page layout, or
form) of KE. Use of meta tags or any other "hidden text" utilizing KE name or
trademarks without the express written consent of KE is also prohibited. Any
unauthorized use of the Websites or violation of any of the Terms of Use listed
herein terminates the permission or license granted by KE.
USER
ACCOUNT
Users are responsible for maintaining the
confidentiality of their login credentials and for restricting access to their
computers and agree to accept responsibility for all activities that occur using
those credentials. Access to the site by anyone under the age of 18 is
prohibited.
USE OF
INFORMATION FROM WEBSITES
Subject to the terms of the applicable Master
Agreement or Standard Master Agreement, Users may not, without KE’s prior
express written consent, reproduce, distribute, modify, display, prepare
derivative works based on, repost or otherwise use any of the content of the
Websites. Users may not use the Websites or any content of the Websites for any
unlawful purpose. Users may not disrupt, alter, impair or modify the Websites or
anything contained in the Websites, other than through the purposely designed
user input forms for their intended purpose. Users may not access any private
information, including passwords or account information of other users of the
Website.
DISCLAIMER
AND LIMITATION OF LIABILITY
KE makes no warranties or representations as to
the accuracy or completeness of information included on the Websites and assumes
no liability or responsibility for any errors or omissions in the information
provided therein.
Users expressly acknowledge and agree that their
use of the Websites is at their own risk. All information available through the
Websites is provided on an "AS IS" basis. KE makes no representations or
warranties that the Website will meet Users’ requirements, be uninterrupted,
secure or error free or that the Websites or the servers that make them
available are free of viruses or other harmful components or destructive files.
The content of the Websites is subject to change
without notice.
The Websites may contain facts, views, opinions,
statements and recommendations of KE and/or third-party individuals, entities or
organizations. KE does not represent, warrant or endorse the accuracy,
timeliness or reliability of any advice, opinion, statement or other information
displayed, uploaded or distributed through the Websites. Users acknowledge and
agree that any reliance upon such opinion, advice, statement or information is
at their sole risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, KE PROVIDES THE WEBSITES, THE INFORMATION ON THE WEBSITES AND THE
PRODUCT(S) TO USERS ON AN "AS IS," AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EX[RESS OR IMPLIED, AND KE DISCLAIMS ALL WARRANTIES OF ANY KIND,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. KE
ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES
THAT MAY INFECT, THE USERS’ COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF
THEIR ACCESS TO OR BROWSING IN THE WEBSITES, OR THE DOWNLOADING OF ANY
MATERIALS, DATA, TEXT OR IMAGES FROM THE WEBSITES.
KESSLER SHALL
NOT BE LIABLE TO CLIENT OR ANY USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF USERS ACCESS TO OR
USE OF ANY PRODUCTS OR THE WEBSITES EVEN IF KESSLER HAS BEEN ADVISED OF THE
POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES.
IF KESSLER
BECOMES LIABLE TO CLIENT FOR ANY REASON, WHETHER ARISING BY NEGLIGENCE, INTENDED
CONDUCT OR OTHERWISE, SUCH LIABILITY SHALL NOT EXCEED IN THE AGGREGATE FOR ALL
EVENTS THE AMOUNTS PAID BY CLIENT TO KESSLER IN THE TWELVE MONTH PERIOD
PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
INDEMNITY
Users agree to defend, indemnify, hold harmless Kessler its affiliates, and their
respective officers, directors, employees, agents and representatives ("Kessler
Group") from and against any and all costs, liabilities, losses, and expenses
(including, but not limited to, reasonable attorneys’ fees) incurred by any
member of the Kessler Group resulting from any third party claim, suit, action,
or proceeding brought against any member of the Kessler Group arising from or in
connection with User’s access to or use of the Websites or the Products.
TERMINATION OF USAGE
KE may modify, suspend, discontinue, restrict or
terminate User access to the Websites at any time, without notice or liability
other than per the terms of the Agreement.
NOTICE AND
PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIM
KE, pursuant to 17 U.S.C. Section 512 as amended
by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the
right, but not the obligation, to terminate User’s access to or use of the
Websites if it determines in its sole and absolute discretion that you are
involved in infringing activity, including alleged acts of first-time or repeat
infringement, regardless of whether the material or activity is ultimately
determined to be infringing. KE accommodates and does not interfere with
standard technical measures used by copyright owners to protect their materials.
In addition, pursuant to 17 U.S.C. Section 512(c), KE implemented procedures for
receiving written notification of claimed infringements and for processing such
claims in accordance with the Act. KE’s designated agent to receive notification
of claimed infringement is:
Website Posting Agent
Kessler Energy, LLC
1415 South Voss, Suite 110-421
Houston, TX 77057
In addition, any written notice regarding any
defamatory or infringing activity, whether of a copyright, patent, trademark or
other proprietary right, should be sent to KE’s designated agent, listed above,
and must include the following information:
a.
A physical or electronic signature of a person authorized to act on
behalf of (1) the owner of an exclusive right that is allegedly infringed or (2)
the person defamed.
b.
Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site. Similarly
for other types of infringing materials, a list of such materials.
c.
Identification of the material that is claimed to be infringing, to be
the subject of infringing activity, or that is claimed to be defamatory and that
is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material.
d.
Information reasonably sufficient to permit us to contact you, such as
your address, telephone number, and/or electronic mail address.
e.
A statement that you have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright or other proprietary
right owner, its agent, or the law.
f.
A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed or on behalf of the person
defamed.
GENERAL
KE may revise these Terms of Use from time to
time by updating or revising this posting, with the revised Terms of Use taking
effect as of the date of posting. Continued use of the Websites by Users after
such update or revision shall constitute agreement to be bound by any such
updates or revisions. If any provision of these Terms of Use is held to be
unenforceable, the unenforceable portion shall be construed in accordance with
applicable law to the greatest extent possible and the remainder of the
provisions shall remain in full force and effect. The Terms of Use shall be
governed by and construed and enforced in accordance with the laws of the State
of Texas, without regard to its conflicts of law principles. Users hereby agree
that any cause of action that they may have with respect to KE must be filed in
a state court in Houston, Texas within two (2) months of the time in which the
events giving rise to such claim began, or they agree to waive such claim.
In the event of conflict between these Terms of
Use and a Master Agreement or Standard Master Agreement, the Master Agreement or
Standard Master Agreement shall govern for the item(s) in conflict.
CONTACT
INFORMATION
Questions about these Terms of Use, Privacy
Policy, Standard Master Agreement, the practices of the Websites or other
matters relating to KE may be directed, in writing only, to:
Kessler Energy, LLC
1415 South Voss, Suite 110-421
Houston, TX 77057
BY VISITING THE WEBSITES AND/OR REQUESTING
INFORMATION, PRODUCTS OR SERVICES, USERS AGREE TO BE BOUND BY THESE TERMS OF USE
AND THE PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF USE AND PRIVACY
POLICY, PLEASE DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OR
PRODUCTS OFFERED OR PROVIDED ON ANY OF THE WEBSITES REFERRED TO HEREIN.
PLEASE NOTE: THE TERMS OF USE AND PRIVACY POLICY
REFERENCED HERE CHANGE FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING.
PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS THE SOLE RESPONSIBILITY OF
USERS TO BE AWARE OF CHANGES. KE DOES NOT PROVIDE NOTICES OF CHANGES IN ANY
MANNER OTHER THAN BY POSTING THE CHANGES ON THIS WEB SITE.
© Kessler Energy