Important Information
You should carefully read the following Terms and Conditions. Your use of this Website implies that you have read and accepted these Terms and Conditions, and filling out a registration form unequivocally indicates your complete approval. Use of this Website is defined as accessing with or without an entered username and password, downloading, browsing, or any similar or other interactions with material on Enex.com or its affiliates.
Legal Notice
By using this Website (see definition of use above), you agree that you understand that the information contained herein is not an offer to sell participation in any particular project, nor any of the listings a solicitation to purchase shares in any company or project. The client companies that list their projects on this Website declare that they will not sell participation units to any person in any jurisdiction in which an offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction. You agree that you are a legitimate potential investor and that you wish to obtain offering materials from the companies that list projects on The Energy Exchange. You understand that The Energy Exchange is not a broker and does not sell or offer to sell any particular investment project to anyone. By electing to proceed and use this Website and the information contained herein, you are agreeing that you are over the age of 18 years, that you are an Accredited Investor, and that you are not a representative of any governmental regulatory agency. Furthermore, you agree that you understand that when making an investment, you will rely completely on the information provided to you by the companies offering participation in their projects. You recognize that the offering companies are completely responsible for the investment information provided to you, independently from any information posted on The Energy Exchange Website. The Energy Exchange has not performed due diligence on the project and/or the companies offering the projects, and accordingly, you agree that you will not hold The Energy Exchange, and/or representatives thereof, responsible for the outcome of your investment. You understand that you are not to send any money to The Energy Exchange (other than for a subscription service) or to anyone that represents themselves to be a representative of The Energy Exchange. You agree and understand the disclaimer and legal notices at the bottom of the Enex.com Website.
Introduction
Our basic service is free; however, we offer paid upgrades for advanced services. Each Project Owner is responsible for the content of the information regarding their projects. The following terms and conditions govern all use of the Enex.com Website and all content and products and services available at or through the Website. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules and policies, including, without limitation, the Enex.com Privacy Policy.
Please read this Agreement carefully before using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Enex.com, acceptance is expressly limited to these terms. By using this Website, you are certifying that you are an Accredited Investor, over 18 years of age, and that you are not affiliated with any governmental regulatory agency.
Ownership
You agree that you do not claim intellectual property right or exclusive ownership to any of our products and services, modified or unmodified. All products and services are property of Enex.com. Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our company be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products and services.
Your Enex.com Account and Site.
If you create Content (See definition in next paragraph) within Enex.com, you are responsible for maintaining the security of your account and said Content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your Content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Enex.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Enex.com liability. You must immediately notify Enex.com of any unauthorized uses of your content, your account or any other breaches of security. Enex.com will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate the Website, comment on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, ‘Content’), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or any type of information or file. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- Your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Enex.com or otherwise.
By submitting Content to Enex.com for inclusion on the Website, you grant Enex.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, Enex.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Also, you acknowledge that we reserve the right to not delete the Content for any reason we deem necessary.
Without limiting any of those representations or warranties, Enex.com has the right (though not the obligation) to, in Enex.com‘s sole discretion (i) refuse or remove any content that, in Enex.com‘s reasonable opinion, violates any Enex.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Enex.com‘s sole discretion. Enex.com will have no obligation to provide a refund of any amounts previously paid.
Fees and Payment.
Optional premium paid services are available on the Website. By selecting a premium service, you agree to pay Enex.com the monthly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.
Responsibility of Website Visitors.
Enex.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Enex.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Enex.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which Enex.com links, and that link to Enex.com. Enex.com does not have any control over those non- Enex.com websites, and is not responsible for their contents or their use. By linking to a non- Enex.com website or webpage, Enex.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Enex.com disclaims any responsibility for any harm resulting from your use of non- Enex.com websites.
Copyright Infringement and DMCA Policy.
As Enex.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Enex.com violates your copyright, you are encouraged to notify Enex.com. Enex.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor or user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Enex.com or others, Enex.com may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Enex.com will have no obligation to provide a refund of any amounts previously paid to Enex.com.
Intellectual Property.
This Agreement does not transfer from Enex.com to you any Enex.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Enex.com, www.Enex.com, the Enex.com logo, and all other trademarks, service marks, graphics and logos used in connection with Enex.com, or the Website are trademarks or registered trademarks of Enex.com or Enex.com‘s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Enex.com or third-party trademarks.
Changes.
Enex.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Enex.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination.
Enex.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Enex.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The materials on Enex.com‘s web site are provided ‘as is’. Enex.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Enex.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitation of Liability.
In no event will Enex.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products and services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Enex.com under this agreement during the twelve (12) month period prior to the cause of action. Enex.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Enex.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless Enex.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
Site Terms of Use Modifications
Enex.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfillment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.