SmartEnergy, LLC Terms of Use.

AGREEMENT TO TERMS OF USE

These Terms of Use govern the use by SmartEnergy’s customers and/or users (referred to in these Terms of Use as “you”) of SmartEnergy’s website (www.smartenergy.com) (the “Site”). (“SmartEnergy” refers to SmartEnergy Holdings, LLC, and its parent, affiliates, subsidiaries and related parties.) Please read these Terms of Use before using the Site. SmartEnergy may revise these Terms of Use at any time by posting updated Terms of Use on the Site. By accessing and browsing the Site, and continuing to use the Site, you consent to the Terms of Use posted on the Site. If you do not agree to the Terms of Use posted on the Site, you are required to stop using the Site.

You may be able to conduct business with SmartEnergy through the Site, including, without limitation, ordering services (the “Services”). Your use of any Services offered on the Site also constitutes your agreement to these Terms of Use.

PRIVACY AND COMMUNICATION WITH SMARTENERGY

If you have questions regarding the collection, use, retention and disclosure of information you may provide on the Site, please review the SmartEnergy Privacy Policy. If you have questions about the SmartEnergy Privacy Policy and/or these Terms of Use, please contact SmartEnergy at the following address:

SmartEnergy Holdings, LLC
575 Lexington Avenue, 4th Floor
New York, NY 10022.

USE OF THE SITE

You may use the Site only for lawful purposes. You may not use the Site to transmit any material that: (i) violates any law or infringes any intellectual property rights, (ii) constitutes or contributes to a criminal or civil offense, or (iii) is obscene/pornographic, defamatory, harassing/ threatening, or hateful or otherwise objectionable with regard to race, ethnicity, religion, etc. SmartEnergy reserves the right to remove any information posted by SmartEnergy or a third party at any time.

DISCLAIMER OF LIABILITY

All information on this Site is provided “as is”, and SmartEnergy disclaims any implied or express representations or warranties as to the accuracy, reliability or completeness of such information. The Site contains general information, which may include errors, omissions and inaccuracies. Do not rely on the Site for advice of any kind. SmartEnergy reserves the right to add and/or delete content from the Site at any time without notice to you.

Use of the Site is at your sole risk. The Site content may not be virus-free.

SMARTENERGY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, WITH REGARD TO THE INFORMATION ACCESSED FROM OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES IMPLIED BY STATUTE, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

IN NO EVENT SHALL SMARTENERGY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OF THE SITE, OR FROM LOSS OF DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM BREACH OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS SITE.

YOU ARE ADVISED THAT SOME JURISDICTIONS DO NOT PERMIT OR OTHERWISE RESTRICT OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

IN ALL OTHER CIRCUMSTANCES, SMARTENERGY’S AGGREGATE AND COMPLETE LIABILITY TO YOU OR TO ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO A MAXIMUM OF $10.00 (USD).

INTELLECTUAL PROPERTY

By submitting any information, material or content on the Site (“Your Content”), you grant SmartEnergy a worldwide, non-exclusive, royalty free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content.

SmartEnergy may provide software for download or use on the Site. Any software provided on the Site is protected by copyright law and governed by the terms of the software’s end user license agreement. The installation or use of any software that is governed by an end user license agreement is prohibited unless you consent to the terms of such agreement.

Use of the Site and its contents are only for your personal and non-commercial use. The Site and its contents are protected by copyright, trademark and other proprietary rights of SmartEnergy or third parties. The products, technology, or processes described on the Site may be protected by the intellectual property rights of SmartEnergy or other third parties. SmartEnergy’s names, logos, product and service names, marks and slogan are the trademarks or service marks of SmartEnergy. No license is granted in respect of those intellectual property rights. No portion of the Site or its contents, including without limitation, SmartEnergy’s trademarks, service marks and logos, may be reproduced, republished, retransmitted, sold, modified, displayed, exploited or used in any way, without obtaining advance, explicit, written permission from SmartEnergy. You may not modify, reformulate, adapt, alter, adjust, change disassemble, frame or decrypt in any way, any part of the Site.

REFERENCES AND LINKS TO THIRD PARTIES

Any references on the Site to other individuals, companies, entities, organizations, products or services does not imply an endorsement , recommendation, or approval of such third parties by SmartEnergy. Similarly, any links and other references to other website(s) included on the Site are provided as a convenience to you and do not imply an endorsement, recommendation, or approval of such third parties or their products, services or information by SmartEnergy. SmartEnergy is not responsible for the content of any third party website, and accordingly, access to any other website(s) linked to or from the Site is at your own risk.

GENERAL LEGAL TERMS

If any part of these Terms of Use are found to be invalid or unenforceable by a court of competent jurisdiction pursuant to any applicable law, then such invalid or unenforceable terms will be deemed struck from these Terms of Use, and the remaining provisions of these Terms of Use shall continue to be of full force and effect.

The laws of the State of New York shall govern any dispute arising out of these Terms of Use or the Site. In the event of any dispute arising out of these Terms of Use or your use of the Site, you agree to submit to binding arbitration to be held in New York, New York, pursuant to the rules and procedures of the American Arbitration Association.

Access and use of this Site is governed by all applicable federal, state, and local laws, and in the case of users of the Site who reside outside of the United States, you are responsible for compliance with the laws of your jurisdiction and other applicable law.

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