If you aren’t legally permitted to use our website and software, do not do so. And if you intend to be disruptive to others and to us in your use of, do not use our website and software. We permit you to use our website and our software, provided that: (a) you are a person over the age of 13; (b) you have the legal right and capacity to use our website and software in your jurisdiction; (c) you are located in a country that is not the subject of a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; (d) you are not listed on any U.S. Government list of prohibited or restricted parties; (e) your use is solely for your personal, noncommercial use; (f) you will not copy, reverse engineer, decompile, reproduce, disassemble or distribute any part of Our website or software in any medium without our prior written consent; (g) you will not create any derivative works based on Our website or software without our prior written consent; (h) you will not alter or modify any part of Our website or software other than as may be reasonably necessary to use Our website or software for their intended purpose; and (i) you will otherwise comply with the terms of this Agreement. We may change the terms of this Agreement from time to time with or without notice to you. Any new features added to Our website or software are subject to this Agreement. However, no change to this Agreement will apply to a dispute of which we had actual notice on the date of such change. We will notify you of any changes to this Agreement by posting them to our website and wherever this Agreement is found. You agree that you will periodically check our website for updates to this Agreement. You agree that you will be deemed to have notice of any modifications once we post them to our website and that your continued use of our website and our software after such notice shall be deemed an acceptance of any changes. We reserve the right to discontinue our website and our software or to change the content of our website and our software in any way and at any time, with or without notice to you, without liability.
You are solely responsible for your account so please make sure that your information is accurate, secure, and under your control. To access our software, you will have to create an account. You are not allowed to use another user’s account without the other user’s permission. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to terminate your access to all or part of our website and our software at any time in our sole discretion and without prior notice.
Do not be disruptive to others or to us in your use of our website and our software. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs that access our website or software in a manner that sends more request messages to our websites’ or software’s servers in a given period than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from our website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases, in our sole discretion.
Pay close attention to what you submit to us because others may see it. Both our website and our software may allow you to chat or participate in competitions, online forums, and other functionality and may provide you with the opportunity to provide us with ideas, suggestions, opinions, comments, observations, text, data, photos, messages, or other material (collectively “User Content”). You agree that any material you provide to us, other than Personally Identifiable Information you provide to us upon creating a user account with us or that we otherwise agree is confidential in writing, will be treated as non-confidential and nonproprietary. You agree not to collect or use User Content or any Personally Identifiable Information, including account names or email addresses, of other end users from our website or software, nor use the communication systems provided by our website or software for any commercial solicitation purposes.
We claim no ownership in the User Content that you send to us. In order for us to use your User Content, we need a license from you to do so. When you provide us with your User Content, you grant to us a non-exclusive, transferable, sub-licensable, worldwide, perpetual, royalty-free license to use, store, distribute, reproduce, modify, adapt, perform (publicly or otherwise) and display (publicly or otherwise) such User Content in connection with our website and our software. You grant us this license so that your User Content can be used for the purposes for which you submitted it and so that it may also be used to improve the quality, features, and functionality of our website and our software. You represent and warrant that you have the right to grant the license of your User Content granted in this Agreement. We claim no ownership in your User Content and you are still free to use your User Content in any manner you choose.
Be aware that you are solely responsible for your User Content. We have no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, however, you grant us the right to enforce such rights through any means we see fit, including bringing and controlling actions on your behalf. Unless we explicitly state in writing, we do not endorse any User Content, and we make no representations or warranties regarding User Content. You acknowledge that you will evaluate and bear any risks related to your use of any User Content. You shall be solely responsible for your User Content and the consequences of posting or publishing them. As such, your sole recourse for any damage you may suffer as a result of User Content shall be to pursue the originator of such User Content.
Do not rely upon us to use, display or store your User Content. We have no obligation to accept, display, review, monitor, or maintain any User Content. We reserve the right to delete User Content from our website and our software without notice for any reason at any time. You acknowledge that you do not rely on us to monitor or edit our website and our software or maintain User Content for you and that our website and our software may contain content that you find offensive and you hereby waive any objections you might have with respect to viewing such content.
Be aware of third-party links when you use our website and our software. Our website and our software may contain links to third-party websites and products that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third-party websites and products. By using our website and our software, you specifically release us from any and all liability arising from your use of any third-party website or product.
Respect our intellectual property rights when you use our website and our software. The content on our website and our software including the text, graphics, and photos created by and for us (“Our Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to us, subject to copyright and other intellectual property rights under The United States and foreign laws and international conventions. Our Content on our website and our software is provided to you AS IS for your information and personal use only and may not be used for any other purpose whatsoever without the prior written consent of us or as expressly provided herein.
Respect our intellectual property rights and do not disrupt security for our website and our software. You agree to not use any of Our Content other than expressly permitted herein. If you download or print a copy of the Our Content for personal or other non-infringing use, you must retain all copyright and other proprietary notices contained on such Our Content. You agree not to circumvent, disable or otherwise interfere with security-related features of our website and our software or features that prevent or restrict use or copying of any Our Content or enforce limitations on use of our website and our software or the Our Content therein.
Use good manners when you use our website and our software. You agree to adhere to generally accepted rules of etiquette and standards of behavior. The following rules of conduct apply to your use of our website and our software and to any of your User Content. You may not, in connection with our website and our software upload, post, email or otherwise transmit any User Content that:
YOU USE OUR WEBSITE AND OUR SOFTWARE AT YOUR OWN RISK. WE ARE PROVIDING OUR WEBSITE AND OUR SOFTWARE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT OUR WEBSITE AND OUR SOFTWARE WILL BE SAFE OR SECURE. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE AND OUR SOFTWARE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING FROM YOUR USE OF OUR WEBSITE AND OUR SOFTWARE WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE NINETY DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend us, indemnify us, and hold us harmless from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of our website and our software and/or your breach or alleged breach of this Agreement. You agree that the provisions in this paragraph will survive any termination of your accounts with us or your use of our website and our software. For the purposes of the disclaimers and limitation of liability in the preceding paragraph and the indemnification in this paragraph, you agree that all references to us include our managers, members, affiliates, agents, and employees.
You agree that we reserve all rights not expressly granted to you in this Agreement.
This Agreement shall be governed by and construed in accordance with the internal laws of the United States and the State of Illinois without regard to conflict of laws provisions. You agree not to commence or prosecute any action in connection with this Agreement other than in the state and federal courts located in Cook County, Illinois, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Cook County, Illinois.
You acknowledge that the rights granted and obligations made hereunder to us are of a unique and irreplaceable nature, the loss of which shall irreparably harm us and which cannot be replaced by monetary damages alone so that we shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), The parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
You will send your notice to:
Accelerate Energy Lab, LLC
ATTENTION: LEGAL DEPARTMENT
The parties agree that any arbitration shall be limited to the Dispute between the parties. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
Our failure to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under it shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance.
The parties agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which shall continue to be in full force and effect.
This Agreement, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by You, but may be assigned, transferred, delegated, and sublicensed by us without restriction.