ENERI Communications

Terms and Conditions

This Site and the various services, products and information contained or referenced on the pages of this Site, are provided by ENERI Communications ("ENERI", "us"or "we") and its agents and licensees and is subject to the following Terms of Use and Disclaimers. These Terms of Use and Disclaimers govern your use of ENERI's Web Site currently located at http://www.enericom.net (the "Site") and your use of products, services, systems or information available through the Site. These also incorporate by reference any other terms, such as our privacy policy, that can be found by clicking on the relevant link contained in these Terms of Use and Disclaimers. By accessing, viewing or otherwise using this Site, you agree to be bound by these Terms of Use and Disclaimers. Please read these Terms of Use and Disclaimers carefully. If you do not accept all of these Terms of Use Disclaimers, please do not use this Site.

1. This Site is owned by and under the control of ENERI. Access to and use of this Site and all of the content, services, materials, information, databases and systems available through the Site are subject to these Terms of Use and Disclaimers, any other agreements between us and applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice. Because ENERI may: (a) supplement or make changes to these Terms of Use and Disclaimers and other rules or access and use procedures, documentation, security procedures and standards for equipment; (b) change the type and location of system equipment, facilities or software; or (c) modify or withdraw any particular service or product referred to in this Site or any database, material, service or system available through the Site, we recommend that you review these Terms of Use and Disclaimers periodically. ENERI reserves the right to terminate access to this Site or take other actions it reasonably believes necessary to comply with the law or to protect its rights, members or customers. Any access or attempt to access or use this Site for any unauthorized or illegal purpose is strictly prohibited.

2. This Site is provided without charge as a convenience to visitors to be used for the purposes of information, education, communication and commerce, including the offering for sale of goods and services. While the information contained through this Site has been obtained and posted from sources believed to be reliable, ENERI cannot guarantee, and assumes no responsibility for, the correctness, sufficiency or completeness of such information, material or any recommendations. ENERI does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Site or any other links from or to other Websites, through any third party that provides information to ENERI, or through its provision to end users nor the quality of any products, information or other materials or services displayed, obtained or purchased by you as a result of your use of this Site or any ENERI goods, services, database, materials or systems. You hereby acknowledge that your reliance upon any information, products, services or materials from this Site shall be at your sole risk. ENERI reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this Site or any ENERI goods, services, database, materials or systems at any time, with or without notice to you.

3. ENERI may link to other Web sites where users can obtain the advice and assistance (collectively "Advice") on a variety of subject matters and other goods and services ("Products"). ENERI, in its sole discretion, may add, delete or change some or all of the links or services at any time. The information should not be considered complete. Nothing contained on or available through the Site should be considered a substitute for professional advice.

4. ENERI does not endorse or guaranty the quality, accuracy, timeliness or legality of any of the Advice or Products that users receive from a given third party. ENERI is not and cannot be involved in any disputes between a user and a third party. In the event that you have a dispute with one or more users or third parties, you agree to hold harmless, defend and release ENERI and our agents and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Because user authentication on the Internet is difficult, we cannot and do not confirm that each user or third party is who they claim to be. You acknowledge and accept the risks that other users or third parties may in fact be minors, residents of other jurisdictions or acting under false pretenses.

5. Without ENERI's prior written consent, which consent may be given or withheld in ENERI's sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any information provided on or through this Site or any link, services or database, or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to this Site or any linked Web site or information provided on or through the Site or any link, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use this Site or any information provided on or through the Site or any link, services, database or system, which you access in violation of, or post any information to any ENERI owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any information provided on or through this Site or any link, service, database or documentation, except as permitted by ENERI; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of ENERI's databases or system, or the selection, coordination or arrangement of products or services in any ENERI database.

6. As a user on our Site, you will represent yourself accurately and truthfully at all times. You grant ENERI the right to independently verify any information that you post on our Site about yourself, although ENERI does not routinely undertake any verification. You agree that the terms and conditions governing the transactions between you and third parties are solely to be determined by you and the third party. ENERI has no involvement or responsibility for such terms and conditions. Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Site and the products and services available are not available to anyone under the age of thirteen (13). If you do not qualify, you may not use this Site.

7. "Your Information" includes any information you provide to us, including but not limited to, (i) during your visit with this Site, (ii) in any public message area or (iii) through any e-mail feature available through the Site. You are solely responsible for Your Information.

8. Except as otherwise identified, the trademarks including names, trade names logos, slogans and service marks appearing at this Site, whether registered or unregistered, are the property of ENERI or ENERI's affiliates or are properly licensed to ENERI by third parties. Such marks may not be copied, reproduced, published or in any way used without the written permission of ENERI or the identified owner of the trademark. The copyright in the content of this Site also is owned by ENERI or is properly licensed to ENERI. No part of this Site may be published, stored or transmitted in any form or means without the express written permission of ENERI or the identified owner of the copyright. You may download content displayed on this Site for non-commercial, personal use only, provided that, you retain all copyright and other proprietary notices contained in the content.

9. No person may establish links either to this Site or away from this Site without the prior written consent of an appropriate ENERI officer, which consent may be given or withheld in ENERI's sole discretion. In its sole discretion, ENERI reserves the right to remove any link to this Site or away from this Site at any time and for any reason. All links approved shall be to the home page of this Site. Framing at this Site is prohibited.

10. ENERI advises you to exercise discretion while browsing this Site and the Internet. Because linked Web sites may not be under the control of ENERI, ENERI does not make any representations concerning any such Web sites that you may access via a link from this Site. Accordingly ENERI is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in Web sites which may be accessible via a link to or from this Site or for the Hyperlink itself. ENERI is providing these links to you only as a convenience and the inclusion of any link on this Site is not and should not imply any endorsement by ENERI of such linked Web sites.

11. ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES ON OR OBTAINED THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. ENERI DOES NOT WARRANT THAT ANY INFORMATION, CONTENT, PRODUCT, SERVICE OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY ENERI SERVICE, DATABASE, MATERIAL OR OTHER PRODUCT OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY ENERI, INCLUDING ANY LINKED SITE, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS OR SOFTWARE VIRUSES OR THAT ANY DEFECTS IN SUCH INFORMATION, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL ENERI HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS SITE, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS SITE, ANY INFORMATION, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF ON OR ACCESSIBLE FROM THIS SITE. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE ENERI WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, ENERI DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING THIS SITE OR INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL ON OR ACCESSIBLE FROM THIS SITE.

13. YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR FOR YOU TO THIS SITE OR ANY INFORMATION, SERVICE, SYSTEM OR DATABASE ON OR ACCESSIBLE FROM THIS SITE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE THE SITE OR ANY SYSTEM, SOFTWARE OR DATA OF ENERI OR ANY OTHER USER OF THE INFORMATION, SERVICES, DATABASES, MATERIALS OR SYSTEM ON OR ACCESSIBLE FROM THIS SITE. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD ENERI AND ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY SUCH VIRUS OR CODE OR SUBROUTINE.

14. NEITHER ENERI NOR ITS OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS SITE, OR WITH RESPECT TO ANY OTHER LINKED SITE OR ANY INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE ON OR ACCESSIBLE FROM THIS SITE, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED ON OR THROUGH THIS SITE, ANY INFORMATION PROVIDED IN THE ENERI SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT ENERI IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

15. If any part or parts of these Terms of Use and Disclaimers are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms of Use and Disclaimers affects any statutory rights of consumers that cannot be waived or limited by contract. The use by you of this Site, the information, content, services or other materials on or accessible from this Site, and any and all other matters between ENERI and you related hereto, shall be governed by applicable United States federal law and the laws of the State of Illinois, excluding its choice-of-law rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this Site or any information, content, service or other product on or accessible from this Site. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being.

16. You agree to comply with all applicable export laws, regulations and restrictions. Information ENERI places on or makes available through this Site may contain references or cross references to ENERI or third party products, programs and services that are not announced or available in your country. Such references do not imply that either ENERI or such third party intends to announce or make available such products, programs or services in your country. Consult ENERI or the applicable third party for information regarding any such products, programs or services. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved to ENERI.

17. If the user has any questions regarding this Site or its contents, or these Terms of Use and Disclaimers, contact ENERI Communications/see CONTACT page.