Terms of Use

THE CENERGISTIC WEB SITE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE OF THE FOLLOWING TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN (COLLECTIVELY, THE “TERMS OF USE”). 

 

BY ACCESSING, BROWSING, AND/OR USING THE CENERGISTIC WEB SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE TERMS OF USE.  IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT ACCESS, BROWSE, OR USE THE CENERGISTIC WEB SITE.

 

CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT FOR THE CENERGISTIC WEB SITE YOU ARE ABOUT TO ACCESS, BROWSE, AND/OR USE.

 

I. Identification of Parties

The following are terms of a legal agreement between you and Cenergistic, Inc., a corporation organized under the laws of the State of Texas, in which Cenergistic grants Users access to, browse, and/or use the Cenergistic Web site.

 

II. Purpose

Cenergistic provides a Web site for information and communication services between Users and Cenergistic.  The purpose of the Terms of Use is to define the conditions upon which Cenergistic grants Users access to the Cenergistic Web site and the rights and responsibilities that the parties have to each other.

 

III. The Cenergistic Web Site

The Cenergistic Web site is comprised of various Web pages, some of which are only available to Registered Users, located at the www.cenergistic.com domain name and operated by Cenergistic. 

Users can only access a public portion of the Cenergistic Web site. 

Other restricted portions of the Cenergistic can be accessed only by Registered Users.  The restricted portions of the Cenergistic Web site contain the Communication Services. Registered Users are allowed to access and use the Communication Services provided by Cenergistic after registering an Account with Cenergistic. 

 

IV. Definitions

A.  “Account” shall mean the services provided to the Registered User during a term fixed by Cenergistic including access to and usage of the Communication Services.

B. “Communication Services” shall mean bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable Registered Users to communicate with Cenergistic, the public at large, or with a group.

C. “Cenergistic” shall mean Cenergistic, Inc., its officers, agents, affiliates, subsidiaries, and parent corporations, and all others acting on its behalf or under its control.

D. “Registered User” shall mean a User of the Cenergistic Web site having an Account with Cenergistic.

 E. “User” shall mean any user of the Cenergistic Web not having an Account, and any Registered User.

 

V. Terms and Conditions

A. No Unlawful or Prohibited Use

As a condition of User’s use of the Cenergistic Web site, User agrees not to use the Cenergistic Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User shall not use the Cenergistic Web site in any manner which could damage, disable, overburden, or impair the Cenergistic Web site or interfere with any other party's use and enjoyment of the Cenergistic Web site. User shall not obtain or attempt to obtain any restricted materials or information provided through the Cenergistic Web site.  User agrees not to copy or reproduce any portion of the Cenergistic Web site user interface or source code.

B. Use of Communication Services

Registered User agrees to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, Registered User agrees that when using a Communication Service, Registered User will not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, harmful, threatening, abusive, harassing, tortious, vulgar, libelous, or unlawful topic, subject name, material, or information;

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless Registered User owns or controls the rights thereto or has received all necessary consents;

  • Upload, submit, transmit, or otherwise use any program that may damage or are designed to interrupt, destroy or limit the operation or functionality of another's computer software, hardware, network, or telecommunications equipment;

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

  • Conduct, submit or participate in surveys, contests, pyramid schemes, or chain letters;

  • Download any file posted by another user of a Communication Service that Registered User knows, or reasonably should know, cannot be legally distributed in such manner;

  • Falsify, delete or alter any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

  • Restrict or inhibit any other user from using and enjoying the Communication Services;

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;

  • Publish, post, distribute, or disseminate any personally identifying or confidential information of others;

  • Collect, copy and/or store information about others, including e-mail addresses, user names and/or passwords without their consent;

  • Violate any applicable laws or regulations;

  • Violate any applicable provisions of these Terms of Use; and/or

  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.

Cenergistic has no obligation to monitor the Communication Services. However, at all times, Cenergistic reserves the right, but shall have no obligation, to pre-screen, flag, filter, modify, refuse, or review materials posted to the Communication Service and to remove any materials in its sole discretion. Cenergistic reserves the right to terminate Registered User access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Cenergistic reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cenergistic's sole discretion.

Cenergistic does not control or endorse the content, messages or information found in any Communication Service and, therefore, Cenergistic specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Managers and hosts are not authorized Cenergistic spokespersons, and their views do not necessarily reflect those of Cenergistic.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. Registered User is responsible for adhering to such limitations if you download the materials.

C. Material Provided to Cenergistic

By submitting, posting, transmitting, or displaying any material on or through the Cenergistic Web site, User warrants that User is entitled to submit, post, transmit, or display such material, including but not limited to all necessary licenses, rights, consents, and permissions to submit, post, transmit, or display the material, that the material is accurate, and that the material is not submitted, posted, transmitted, or displayed in violation of any contractual restrictions, third party rights, and/or applicable laws.

By submitting, posting, transmitting, or displaying any material User irrevocably grants Cenergistic a non-exclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, fully paid up, and royalty-free license to reproduce, adapt, modify, prepare derivative works of, translate, publish, publicly perform, publicly display, use, and distribute any material which User submits, posts, transmits, or displays on or through the Cenergistic Web site.  User also hereby relinquishes all moral rights in the material.

D. Passwords

Each Registered User agrees and understands that Registered User is responsible for maintaining the confidentiality of passwords associated with any Account Registered User uses to access any part of the Cenergistic Web site.

Accordingly, each Registered User agrees to be solely responsible to Cenergistic for all activities that occur under Registered User’s Account.  If any Registered User becomes aware of any unauthorized use of user names, passwords, accounts and/or other information, he or she agrees to notify Cenergistic immediately.

 

IV. Links to Third Party Web Sites

The Cenergistic Web site may contain links to other Web sites (the "Linked Sites"). The Linked Sites are not under the control of Cenergistic and Cenergistic is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cenergistic is not responsible for webcasting, downloaded content, or any other form of information and/or transmission of Linked Site.  Cenergistic provides Linked Sites as a convenience.  Inclusion of Linked Sites does not imply endorsement or sponsorship by Cenergistic of the site or any association or affiliation with its operators. Cenergistic disclaims all warranties and any liability for use of the Linked Sites.  User understands and accepts all risk for access and use of the Linked Sites.

VII. Digital Millennium Copyright Act

If User believes any material accessible on or from the Cenergistic Web site infringes User’s copyright, User may request removal of such material (or access thereto) from the Cenergistic Web site by contacting Cenergistic and provide a written communication of the following information:

1. Identification of the copyrighted work that is believed to be infringed, including a description of the work, and a copy and the location (e.g., URL) of an authorized version of the work;

2. Identification of the material that is believed to be infringing, including a description of the material, and its location (e.g., URL) and any other pertinent information needed to locate the material;

3. Copyright owner’s name, address, telephone number and (if available) e-mail address;

4. A statement that you are the copyright owner or authorized to act on behalf of the copyright owner and have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;

5. A statement that the information that supplied is accurate, and indicating that "under penalty of perjury," the author of the statement is the copyright owner or are authorized to act on the copyright owner's behalf; and

6.A signature or the electronic equivalent from the copyright holder or authorized representative.

 

VIII. Indemnification

USER AGREES TO INDEMNIFY AND HOLD HARMLESS CENERGISTIC FOR ANY AND ALL DAMAGES, LOSSES AND COSTS  (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION), REASONABLE ATTORNEYS’ FEES AND COSTS) RELATED TO ALL THIRD PARTY CLAIMS, CHARGES, AND INVESTIGATIONS, CAUSED BY (1) USER’S FAILURE TO COMPLY WITH THE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, USER’S SUBMISSION OF CONTENT THAT VIOLATES THIRD PARTY RIGHTS OR APPLICABLE LAWS, (2) ANY MATERIAL, OR (3) USE OR INABILITY TO USE THE CENERGISTIC WEB SITE AND/OR THE COMMUNICATION SERVICES.

 

IX. Liability Disclaimer

Cenergistic does not guarantee that the Cenergistic Web site will function without interruption or errors.  In particular, the Cenergistic Web site may be interrupted due to maintenance, updates, or system, network or other failures.  As a result, Cenergistic allows Users to access the Cenergistic Web site as it may exist and be available at any given time.  Cenergistic has no other obligation, except as expressly stated in these Terms of Use.  Cenergistic disclaims all liability for damages caused by any interruption or errors in function, and makes no representations or warranties for the delivery or storage of any information or material.  Furthermore, Cenergistic disclaims all liability for any malfunction, lack of access to and non-performance of the Cenergistic Web site for any reason.  Cenergistic has no obligation to store, maintain or provide copies of any material.

Cenergistic neither warrants nor represents that use of the Cenergistic Web site will not infringe the rights of third parties.  Any material, service, or technology described or used may be subject to intellectual property rights owned by third parties who have licensed such material to Cenergistic.

CENERGISTIC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CENERGISTIC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS AVAILABLE” AND "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CENERGISTIC HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CENERGISTIC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CENERGISTIC WEB SITE, WITH THE DELAY OR INABILITY TO USE THE CENERGISTIC WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CENERGISTIC WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CENERGISTIC WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CENERGISTIC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CENERGISTIC WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CENERGISTIC WEB SITE.

X. Termination/Access Restriction

Cenergistic reserves the right, in its sole discretion, to terminate User’s access to the Cenergistic Web site and the related services or any portion thereof at any time, without notice. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

 

XI. Modification of The Terms of Use

Cenergistic reserves the right to modify or change the terms, conditions, and notices under which the Cenergistic Web site is offered at any time in its sole discretion and User agrees to be bound by any such modification or change.

User is responsible to regularly review the Terms of Use for any possible modification or change of the Terms of Use.

 

XII. Copyright, Trademark, and Trademark Notices

All contents of the Cenergistic Web site are: © 2012 Cenergistic, Inc.

The logos, and other trademarks, service marks, trade names, and service names of Cenergistic are owned or licensed by Cenergistic (collectively the “Marks”). User agrees not to copy, display, or otherwise use any of the Marks without the prior written permission of Cenergistic. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage, or dilute these Marks and/or in connection with any product or service that is not authorized or sponsored by Cenergistic.

User agrees that all material copied, downloaded or printed from the Cenergistic Web site must retain all the copyright, trademark and other proprietary notices and further agrees not to alter or remove same. For commercial use of any portion of the contents User must secure the prior written consent of Cenergistic.

 

XIII. General Terms

A. Unauthorized Use

Use of the Cenergistic Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

B. No Joint Venture

User agrees that no joint venture, partnership, employment, or agency relationship exists between you and Cenergistic as a result of this agreement or use of the Cenergistic Web site.

C. Governmental Compliance

Cenergistic's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Cenergistic's right to comply with governmental, court and law enforcement requests or requirements relating to User’s use of the Cenergistic Web site or information provided to or gathered by Cenergistic with respect to such use.

D. Severability

If any provision of these Terms of Use is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Use will not be affected in any way.

E. Choice of Law

The Cenergistic Web site is controlled by Cenergistic from its offices within the State of Texas, United States of America. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A., without regard to conflicts of laws principles thereof and User hereby consents to the exclusive jurisdiction and venue of courts in Dallas, Texas, U.S.A. in all disputes or other matters arising out of or relating to these Terms of Use and/or the use of the Cenergistic Web site.

F. Entire Agreement

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between User and Cenergistic with respect to the Cenergistic Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between User and Cenergistic with respect to the Cenergistic Web site.

G. Admissibility

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

H. Rights Reserved

Any rights not expressly granted herein are reserved by Cenergistic.

I. Contact

If you have a comment or question, or if you need to contact Cenergistic for any other reason, please email to: websupport@cenergistic.com.

© 2014 Cenergistic