Terms of Use - energymagazineonline.com
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The following terms and conditions (together with any documents referred to in them) (collectively, these "Terms of Use") apply to your use of any and all websites owned and operated by Energy Magazine. By using this website, you accept and agree to be bound by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, please do not use this website.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY!

General

This website (the “Site”) is owned and operated by Energy Magazine, (“We” or “Us”). By using the Site, you agree to be bound by these Terms and Conditions of Use and Service (“Terms and Conditions”) and to use the Site in accordance with these Terms of and Conditions and Service, Privacy Policy, and Refund Policy. These Terms and Conditions are in addition to the terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from ENERGY MAGAZINE. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions.

ENERGY MAGAZINE may, at any time, revise or modify these Terms of Use or impose new conditions for use of this website. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the website or by email. Any use of the website by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. ENERGY MAGAZINE may modify this website and its services at any time.

Scope of Use

ENERGY MAGAZINE grants you a limited license to access and make personal use of this website only for lawful purposes and in accordance with these Terms of Use. Unless indicated to the contrary, you may access, copy, download and print the content available on this website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software) for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. Except as otherwise provided in these Terms of Use, no part of any content on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of ENERGY MAGAZINE. You understand that ENERGY MAGAZINE may discontinue, change, or restrict your use of this website for any reason without notice.

By using this website, you represent that you are at least thirteen (13) years old.

User Submissions

Certain areas of this website may contain personal web pages or profiles, forums and other interactive features that allow you to submit, post, or transmit to other users (hereinafter, “submit”) content on or through the website. You acknowledge that you are responsible for any content you submit on or through the website, including its legality, reliability, accuracy and appropriateness.

You agree that by submitting content:

  • The content is your original work, you own the content or you have permission from the owner of the content to submit such content to the website;
  • You will only submit content that complies with applicable law and you will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another's computer;
  • You understand and agree that such content will be deemed non-confidential; and
  • You grant to ENERGY MAGAZINE the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media for any purpose whatsoever, and waive any moral rights you may have in such content.

Any content and/or opinions posted to the website, and all articles and responses to questions and other content, other than the content provided by ENERGY MAGAZINE, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of ENERGY MAGAZINE. ENERGY MAGAZINE is not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the website.

ENERGY MAGAZINE has the right to remove or refuse to post any user content for any or no reason in our sole discretion. However, ENERGY MAGAZINE cannot review all material before it is posted on the website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

Intellectual Property

This website and its content are protected by copyright, trademark and other applicable United States and international laws. This Site includes proprietary information and material, including graphics, audio/video clips, and editorial content, that is exclusively owned by ENERGY MAGAZINE. This information is protected by all applicable intellectual property laws, including but not limited to trademark and copyright laws. As a condition of your access to this Site, you agree to not use any such proprietary information without the express written consent of ENERGY MAGAZINE.

Refunds and Fees

Refunds for the ENERGY MAGAZINE are strictly governed by the Terms and Conditions set forth upon enrollment in our programs and produce purchases. Except where expressly stated, nothing in these Terms and Conditions modifies or otherwise alters those provisions.

Refund request must be submitted to  for authorization. All physical items being returned must be complete of all parts and accessories (if applicable), and be in original and unused condition. The item(s) being returned must be shipped back to ENERGY MAGAZINE within thirty (30) days of the date of delivery. You are free to select the postal courier of your choice and you are responsible for return shipping costs. If all of these conditions are satisfied, ENERGY MAGAZINE will refund the value of the returned item(s) in US Dollars, sales tax included, less our original shipping costs. We will not issue any refunds for returns that do not satisfy all of the conditions indicated above; provided, however, that you will have the option to request within thirty (30) days of being notified that you are not entitled to a refund that the item(s) be shipped back to you, at your own cost (you pay the return shipping costs), in the condition in which the item(s) were received by ENERGY MAGAZINE.

Refunds are processed within approximately five (5) business days of receipt of the item(s). Refunds will be issued in the form of a credit back to the same payment method used to make the original purchase on the Site. The time that it takes for a refund credit to appear on your account may vary based on the form of payment used.

Because we want to maintain the highest level of customer satisfaction and constantly improve our products and programs wherever possible, we may seek input from customers who have submitted a refund request through a short telephone call to understand why the refund was requested.

Privacy Policy

All information we collect on this website is subject to our Privacy Policy. By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links

This website may contain links to websites operated by third parties. ENERGY MAGAZINE provides links to other websites as a convenience to users, and access to any other sites linked to this website is at your own risk. Such linked websites are not under the control of ENERGY MAGAZINE, and ENERGY MAGAZINE is not responsible or liable for any loss or damage that may arise from your use of them. Links to other websites do not imply ENERGY MAGAZINE's endorsement of any content, advertising, products or other materials on or available from such sites.

Unless otherwise set forth in a written agreement between you and ENERGY MAGAZINE, you must adhere to ENERGY MAGAZINE's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ENERGY MAGAZINE's names and trademarks, (ii) the link must "point" to the root domain name of the ENERGY MAGAZINE website and not to other pages within the website, (iii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ENERGY MAGAZINE, (iv) when selected by a user, the link must display the website on full-screen and not within a "frame" on the linking website, and (v) ENERGY MAGAZINE reserves the right to revoke its consent to the link at any time and in its sole discretion.

Security

This website may require you to register or obtain a password prior to permitting access to the website or certain services available on the website. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you.

No Warranties

This website, its content and any services obtained through the website are provided to you on an "as is" "as available" basis, without warranties of any kind, and ENERGY MAGAZINE hereby disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. Neither ENERGY MAGAZINE nor any person associated with ENERGY MAGAZINE makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website, its content or any services obtained through the website. Without limiting the foregoing, neither ENERGY MAGAZINE nor anyone associated with ENERGY MAGAZINE represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the website or the server that makes it available are free of viruses or other harmful components or that the website, its content or any services obtained through the website will otherwise meet your needs or expectations.

The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

Limitation of Liability

In no event will ENERGY MAGAZINE, its licensors or content providers be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any content on the website or any services obtained through the website, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Use of the website, its content and any services obtained through the website is at your sole risk.

Indemnification

You agree to indemnify and hold ENERGY MAGAZINE, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ENERGY MAGAZINE, by any third party due to or arising out of or in connection with your use of the Site.

Location, Governing Law and Jurisdiction/Arbitration

ENERGY MAGAZINE is based in the state of Texas in the United States. ENERGY MAGAZINE makes no representation that the information in the website is appropriate or available for use in other locations, and access to this website from territories where the content of this website may be illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to these Terms of Use or the website shall be instituted exclusively in the federal or state courts located in San Antonio, Texas. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Violations

ENERGY MAGAZINE reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation the right to block access from a particular Internet address to the website and to refer any illegal or unauthorized use of the website to law enforcement.

Waiver and Severability

No waiver of these Terms of Use by ENERGY MAGAZINE shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ENERGY MAGAZINE to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Questions and Concerns

This website is operated by Energy Magazine, 15439 Pebble Gate, San Antonio, TX 78232

Any feedback, comments, requests for technical support and other communications relating to the website should be directed to: info@ energymagazineonline.com

Last Modified: July 31, 2017