By proceeding to view project listings, the user represents that he or she is engaged in the energy business and/or is an Accredited Investor who understands the risk of financial participation in the energy industry and not someone who is using the information in violation of any state or federal securities regulations.
The source of information about any company or project is totally the responsibility of the company offering the project. The Energy Exchange has not and will not perform due-diligence on any of the companies or projects described on the website or otherwise represented. To do so would be beyond the scope of services provided by the Energy Exchange. The Energy Exchange is NOT responsible for the accuracy of any of the data about any company or project. Accordingly, the Energy Exchange is not responsible for the business decisions of anyone using this information. (By using this website implies that the user has read and agrees to the entire Terms and Conditions of Use Agreement)
Before using this website, 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 other interactions with material on this website or any of the websites of the Energy Exchange or its affiliates.
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 is 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 provides and introductory service and is not a broker. The Energy Exchange does not sell, or offer to sell, any investment product 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 or illegal organization. Furthermore, you agree that you understand that when making an investment in any listed project, you will rely completely on the information provided to you by the company offering participation in that project. You recognize that the offering companies are completely responsible for the investment information provided to you. You should not rely on the accuracy or timeliness of any information posted on The Energy Exchange Website.
The Energy Exchange has not performed, and will not perform, due diligence on projects 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 in any of the websites of the Energy Exchange or its affiliates.
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.
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 Energy Exchange. 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 Energy Exchange Account and Site.
If you create Content (See definition in next paragraph) within Energy Exchange, 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 Energy Exchange may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Energy Exchange liability. You must immediately notify Energy Exchange of any unauthorized uses of your content, your account or any other breaches of security. Energy Exchange 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 Energy Exchange or otherwise.
By submitting Content to Energy Exchange for inclusion on the Website, you grant Energy Exchange a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the information, without changing the intent of the data. If you make changes to the content, Energy Exchange will use reasonable efforts to make corresponding changes to the Website, but you understand that these changes may not be made immediately. Without limiting any of those representations or warranties, Energy Exchange has the right (though not the obligation) to, change any content that, in Energy Exchange‘s reasonable opinion, violates any Energy Exchange 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. Energy Exchange 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 Energy Exchange 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.
Energy Exchange has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Energy Exchange does not represent or imply that it endorses any posted material.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojans, and other harmful or destructive content. The Website may contain content that contains 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. Copying or use of material may be subject to additional terms and conditions, stated or unstated. Energy Exchange disclaims any responsibility for any harm resulting from use of the Website.
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 websites that link to Enex.com. Energy Exchange does not have any control over those websites, and is not responsible for their contents or their use. By linking to a non- Energy Exchange website or webpage, Energy Exchange 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, Trojans, and other harmful or destructive content. Energy Exchange disclaims any responsibility for any harm resulting from your use of any website.
As Energy Exchange 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 Energy Exchange. Energy Exchange 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 the copyrights or other intellectual property rights of Energy Exchange or others, Energy Exchange may, in its sole discretion, terminate or deny use of the Website to that user.
Your use of the Website does not entitle you to use any intellectual property contained there-on, and all right, title and interest in and to such property will remain solely with Energy Exchange, www.Enex.com, the Energy Exchange logo, and all other trademarks, service marks, graphics and logos used in connection with Energy Exchange, or the Website are trademarks or registered trademarks of Energy Exchange or Energy Exchange‘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 Energy Exchange or third-party trademarks.
Energy Exchange reserves the right, at its sole discretion, to modify or replace any part of this policy at any time. It is your responsibility to check this policy periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Policy constitutes your acceptance of those changes. Energy Exchange may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Energy Exchange 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 Energy Exchange 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 posted on Energy Exchange ‘s web site are provided ‘as-is’. Energy Exchange 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, Energy Exchange does not warrant or make any representations concerning the accuracy, likely results, or reliability of the materials on its website or on any websites sites linked to this site.
In no event will Energy Exchange , or its clients, be liable with respect to your use of the Website.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Energy Exchange policies and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area.
You agree to indemnify and hold harmless Energy Exchange , its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorney fees, arising out of your use of the Website.
- 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.