Terms of service
An agreement between the user and Xnergy
Users must follow our terms of service
Welcome to the Xnergy.com Web Site ("Site"). Please review the following basic terms that govern your use of our Site ("Terms of Use"). Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the "Agreement").
1. General.
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
We may change, move or delete portions of, or may add to, our Site from time to time. We therefore encourage you to refer to these Terms of Use on an ongoing basis.
2. Site Contents.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Xnergy LLC, and its subsidiaries and/or affiliates (“Xnergy”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Xnergy.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
3. User comments, feedback, postcards, and other submissions.
All comments, feedback, postcards, suggestions, ideas, registration information and other submissions disclosed, submitted or offered to Xnergy on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Xnergy property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Xnergy of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Xnergy will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Xnergy is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Xnergy may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site registration, promotions, and/or requesting promotional information or updates, you agree that Xnergy may use your information for marketing purposes.
4. Xnergy's communications to you.
You agree that Xnergy may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Xnergy’s products or services, or for such other purpose(s) as Xnergy deems appropriate.
5. Links to other websites and services.
To the extent that this Site contains links to outside services and resources, the availability and content of which Xnergy does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Xnergy is not liable for any damages you incur from your use of such links.
6. Monitoring.
Xnergy shall have the right, but not the obligation, to monitor the content of the Site, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Xnergy shall have the right to remove any material that Xnergy, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
7. Disclaimer, limitation of liability, and indemnity.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XNERGY DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. XNERGY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. ALTHOUGH XNERGY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. NEITHER XNERGY NOR ITS RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. XNERGY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF XNERGY’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS XNERGY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND RELATED ENTITIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE OR USE OF THIS SITE.
8. Temination.
These Terms of Use constitute an Agreement which is effective unless and until terminated by either you or Xnergy. You may terminate this agreement at any time by sending an e-mail to [email protected]. Xnergy may also terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in Xnergy’s sole discretion, you fail to comply with any term or provision in this Agreement. Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials. These Terms of Use constitute the entire Agreement between you and Xnergy relating to the subject matter addressed herein.
9. Severability.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect.
10. Applicable law.
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Los Angeles, California.
