Terms & Conditions Statement

  1. Agreement. This agreement governs your use of Energistics website (the “Site). Additional terms and conditions that apply to specific areas of the Site may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional terms and conditions, shall be referred to as the “Agreement.” By using the Site, you agree to comply with and be bound by this Agreement.
  2. Acceptance of Agreement. Energistics reserves the right, in its sole discretion, to change or modify all or part of this Agreement at any time, effective immediately upon notice published on the Site. Your continued use of the Site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Energistics as permitted above. You should cease using the Site immediately if at any time the terms and conditions of this Agreement become unacceptable to you.
  3. Ownership. Energistics owns or has license rights to all content, materials, documents, graphics, renditions, and other items on the Site (collectively “Content”). You have no ownership interest in the Content, but Energistics grants you a limited license to view and use Content as described in Section 4 (“License”). The Content is protected under applicable copyright, trademark, trade secret, and other intellectual property laws in the United States and around the world. You have no other right to view, use, copy, perform, display, or modify the Content except as described in Section 4. Energistics may modify, add to, or delete any Content at any time, without notice to, or permission from you or any third party.
  4. License. Subject to the terms and conditions of this Agreement, Energistics hereby grants you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to view and use the Site and the Content for your own non-commercial purposes and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. You may not republish, “mirror,” “frame,” transfer, deep link into, link to, or otherwise make available to third parties the Site or the Content except with the prior written consent of Energistics.
  5. Copyright. The Content, organization, graphics, design compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
  6. Trademarks. Energistics name and the Energistics logo are either trademarks/service marks or registered trademarks/service marks of Energistics. Other product and company names mentioned in the Site may be trademarks or service marks of their respective owners.
  7. Warranty Disclaimers. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Energistics EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    1. Energistics MAKES NO WARRANTY EITHER THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE INFORMATION ON THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
    2. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE IS INTENDED TO CONSTITUTE OR CREATE A WARRANTY.
  8. Limitation of Liability. Energistics HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, ANY INFORMATION OR SERVICES ON THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Energistics IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Energistics AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
  9. Links to Other Web Sites. The Site may contain links to other websites. Energistics is not responsible for the content, accuracy, or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by Energistics. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Energistics. Energistics also makes no representations about the personal identification information or other data collection policies or practices of any linked websites. If you decide to leave the Site and access these third-party websites, you do so at your own risk.
  10. Privacy. The Privacy Policy, which is incorporated herein and subject to this Agreement, shall govern the collection practices and use of any information collected by Energistics on the Site. (LINK to Statement Below)
  11. Miscellaneous. This Agreement shall be governed in all respects by the laws of the State of California, without regard to conflicts of law principles, and the parties irrevocably consent to bring any action to enforce this Agreement or arising out of this Site in the state and federal courts located in or serving Sacramento County, California. Energistics does not guarantee continuous, uninterrupted or secure access to the Site or services, and operation of the Site may be interfered with by numerous factors outside of Energistics control. You shall comply with all applicable laws, statutes, ordinances, and regulations affecting your use of the Site. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Energistics failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between Energistics and you with respect to the subject matter hereof.