TERMS of USE
First Posted: JUNE 2007
The material on this web site is presented for information purposes only. Under no circumstances does this material represent a recommendation to buy, sell or hold individual stocks, groups of stocks, or any other investments.
PLEASE READ CAREFULLY BEFORE YOU USE THIS WEB SITE. EnergyTechStocks.com (ETS, “we”) provide a web site, located at www.energytechstocks.com (the "site"), free of charge to you, an individual user ("you") for your individual usage, subject to compliance with the terms and conditions set forth herein.
1. Agreement
By using the Site, you agree to be bound by our Terms of Use (the "TOU"). If you do not agree to these terms and conditions, we do not consent to provide you with access to the site, and you should cease your use of it.
2. Changes to the TOU
We reserve the right at any time to change the terms and conditions of the TOU; change or eliminate any of the content and features of the Site; impose fees, charges or other conditions for use of the Site (with reasonable notice).
Any changes we make to the TOU will be effective seven (7) days after notice of any change is posted on the site. Your use of the site after such notice has been posted will be deemed acceptance of such changes. The TOU, as well as our Privacy Policy and Conflicts of Interest Policy may change also. You should check the site frequently to see recent changes.
3. Registration and Privacy
You do not need to provide us with any personal information in order to use this site.
This site is directed solely to individuals residing in the United States. ETS makes no representation that materials provided on the site are appropriate or available for use in other locations. Those who choose to access the site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
4. EnergyTechStocks.com’s Proprietary Rights
The Site and the content contained therein are the property of EnergyTechStocks.com and its licensors, of which there are none at the present time. You may access and use the content, and download and/or print out one copy of any content from the site, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the site.
If you are interested in reprinting, republishing or distributing content from EnergyTechStocks.com, please see our Reprints page.
5. User Conduct
You may not republish, upload, post, transmit or distribute content from the site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the site, you agree not to: restrict or inhibit any other visitor from using the site, including, without limitation, by means of "hacking" or defacing any portion of the Site; use the Site for any unlawful purpose; express or imply that any statements you make are endorsed by us, without our prior written consent; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; "frame" or "mirror" any part of the Site without our prior written authorization; not to use any manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; harvest or collect information about visitors to the Site without their express consent.
You further agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.
6. Other Web Sites
Your use of certain services on the Site may be governed by additional rules, which are available on the site or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.
The ETS site may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
7. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLIC- ABLE LAW, ENERGYTECHSTOCKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGE- MENT, MERCHANTABILITY, AND FITNESS FOR A PARTIC- ULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR WEB SITES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
ENERGYTECHSTOCKS.COM AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE OUR WEB SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ENERGYTECHSTOCKS OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, THE CONTENT CONTATINED THEREIN, AND ANY MATERIALS PROVIDED THROUGH THE SITE, ARE ENTIRELY AT YOUR OWN RISK.
A possibility exists that the site could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the site by third parties. Although ETS attempts to ensure the integrity of its web site, we make no guarantees as to the completeness or correctness of any content on the site. In the event that such a situation arises, please contact us at web@energytechstocks.com with, if possible, a description of the material to be checked, plus information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below.
8. Limitation of Liability
NEITHER ENERGYTECHSTOCKS.COM. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH ENERGYTECHSTOCKS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the site; or (c) your violation of the rights of any third party.
10. Termination
You understand and agree that EnergyTechStocks.com may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.
11. Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by EnergyTechStocks.com infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our web sites should be sent by email to: web@energytechstocks.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. Miscellaneous
The TOU, together with all EnergyTechStocks.com policies referred to herein, constitutes the entire agreement between you and ETS relating to your use of the site and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us.