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Terms and Conditions

Please read the following Terms of Use before using the ENERVEX, Inc. ("ENERVEX") web site. By accessing and using the site, You acknowledge that You have read, understood, and agree to comply with these terms and conditions and that You will not do anything to interfere with the features and functionality of this web site. If You do not understand or agree to these terms, You should not use this website.

ENERVEX may change or add to these Terms of Use at any time. You should visit this page prior to each use of this web site to review the then current Terms of Use. Your continued use of this web site means that You accept the terms and conditions stated at the time of Your use.
 
Permitted Use

You may electronically copy, duplicate and print portions of this website as long as You retain all copyright, trademark or other proprietary notices along with the material. Any other use of this Site or its content requires ENERVEX’s express written permission.
 
Trademarks and Copyright

All content contained in this web site, including but not limited to text, software, music, sound, photographs, video, logos, trademarks (whether or not registered), service marks, or graphics is protected by copyright, trademark, patent or other proprietary rights and laws. It is owned by ENERVEX or an ENERVEX affiliate, or ENERVEX has the legal right to use it. © 2010 ENERVEX, Inc. All rights reserved. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify logos, trademarks or service marks in any way without ENERVEX’s prior written permission. The use of ENERVEX’s trademarks on any other web site is prohibited. Use of ENERVEX marks as a "link" on or from any other web site is expressly prohibited by ENERVEX unless prior written permission is obtained.
 
Links

This website may contain links to third party sites. Access to any other Internet site linked to this web site is at Your own risk and ENERVEX is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites and does not warrant that these sites do not contain viruses or other features that may harm Your computer. ENERVEX provides these sites links as a convenience and does not endorse the companies or contents of any of these linked sites.

Privacy

ENERVEX collects information about the users of this web site. Collection of this information is governed by ENERVEX.com’s Online Privacy Policy.

Registration Obligations

To access certain portions of this web site, You must register with ENERVEX by establishing a Personal Profile. Upon registration, You will be asked to select a username and password. You agree to provide truthful and accurate information during the registration process. You also agree to maintain the accuracy of any submitted data. If You provide any information that is untrue, inaccurate or incomplete, ENERVEX reserves the right to terminate Your Personal Profile account and suspend Your use of any and all services offered through this Web Site.

You agree that You are responsible for maintaining the confidentiality of Your userID and password, and You are fully responsible for all activities that occur under their use. You agree to immediately notify ENERVEX of any unauthorized use of Your UserID and/or password and to contact webmaster@enervex.com to disable the UserID / password if you suspect the integrity of Your password has been compromised. Providing You have a valid UserID, You may at any time request a password change by contacting webmaster@enervex.com.

In order to avoid the potential for unauthorized use of Your UserID and/or password, You agree to implement and abide by reasonable security procedures. Such procedures include, but are not limited to, the limited and confidential use and maintenance of passwords and the establishment of firewalls to reduce the risk of external security breaches. ENERVEX shall not be liable for any errors or omissions arising from Your failure to take reasonable security precautions. You shall indemnify and hold ENERVEX harmless against all claims, damages, cost, judgments and liabilities arising out of Your failure to establish and maintain reasonable security procedures.

Content You Upload

You are entirely responsible for all Content (which means all data, documents, photographs or other information) that You upload, post or otherwise transmit via this Web Site. You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You shall hold harmless and indemnify ENERVEX from all liability associated with damage or destruction to the Content and Your violation of these Terms and Conditions in general.

Disclaimer of Warranties

ENERVEX makes no warranty that this web site will meet Your requirements or that it will be uninterrupted, timely, secure or error free; nor does ENERVEX make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
 
UNLESS EXPRESSLY PROVIDED OTHERWISE, ENERVEX PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS MEANS ENERVEX PROVIDES NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, ENERVEX DOES NOT REPRESENT, WARRANT OR GUARANTY THAT YOUR USE OF THE CONTENT ON THIS WEB SITE WILL NOT INFRINGE OR VIOLATE INTELLECTUAL PROPERTY OR OWNERSHIP RIGHTS OF OTHERS. IN NO EVENT SHALL ENERVEX OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF ENERVEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
 
Limitation of Liability

WHILE ENERVEX MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THIS WEB SITE, ENERVEX ASSUMES NO RESPONSIIBLITY OR LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE. ENERVEX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PERSONAL, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN OR RELIANCE ON THE WEB SITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF ENERVEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE AS WELL AS THOSE DAMAGES CAUSED BY ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO THE WEB SITE, OR RELATED INFORMATION OR PROGRAMS.
 
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
 
Indemnification

You agree, at Your own expense, to indemnify, defend and hold harmless ENERVEX, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of Your violation of these Terms of Use or in connection with Your use of this web site, its Content, features or funactionality.

Termination of Use

ENERVEX may discontinue, suspend or modify this web site at any time without notice, and ENERVEX may block, terminate or suspend Your access to the System at any time for any reason in its sole discretion, even if access continues to be allowed to others.
 
Export

You assume all responsibility for compliance with all laws and regulations of the United States and any other country regarding access, use, export, re-export and import of any Content appearing on or available through this Web Site.

You acknowledge and agree that You will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, You are not a Denied Party listed on the U.S. Denied Persons List, You are not a Special Designated National on the U.S. Treasury Department's list of Specially Designated Nationals, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.

Governing Law

This Agreement and the relationship between You and ENERVEX shall be governed by and construed in accordance with the laws of the State of Georgia without regard to any principals governing conflicts of law that might cause the laws of another jurisdiction to apply. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the materials contained in this web site shall be resolved in a Pennsylvania court. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.
 
Waiver/Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights

Any rights not expressly granted herein are reserved.

 

ENERVEX Inc. . 1685 Bluegrass Lakes Parkway Alpharetta, GA 30004 P: 770.587.3238 F: 770.587.4731 T: 800.255.2923 info@enervex.com
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