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Terms of Use

I. General Terms of Use

You may use the EnergyHQ website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the EnergyHQ website:

  • In any way that violates any applicable local or international law or regulation.
  • For the purpose of exploiting, harming or attempting to exploit or harm others, including minors, in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit any unsolicited or unauthorized advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate EnergyHQ, an employee of EnergyHQ, another user or any other person or entity.
  • In any manner that could disable, overburden, damage, or impair The EnergyHQ website or restrict, inhibit, or interfere with anyone’s use or enjoyment of the EnergyHQ website.
  • Use any robot, spider or other automatic device, process or means to access the EnergyHQ website for any unlawful purpose or in violation of these Terms of Use
  • Use any manual process to monitor or copy any of the material on the EnergyHQ website or for any other unauthorized purpose without EnergyHQ’s prior written consent.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, attack, damage or disrupt any parts of the EnergyHQ website, the server on which the EnergyHQ website is stored, or any server, computer or database connected to the EnergyHQ website.

II. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the EnergyHQ website thereafter. Your continued use of the EnergyHQ website following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

III. Intellectual Property Rights

The EnergyHQ website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by EnergyHQ, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the EnergyHQ website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the EnergyHQ website, except as follows: (i) you may store files that are automatically cached by your Web browser for display enhancement purposes; (ii) you may print or download one copy of a reasonable number of pages of the EnergyHQ website for your own personal, non-commercial use and not for further product, publication or distribution; and (iii) when EnergyHQ provides social media features with certain content, for example, the ability to share EnergyHQ’s content through different social media platforms and email, you may take such actions as are enabled by such features. You must not: (i) modify copies of any materials from this site; (ii) use any illustrations, photographs, video or audio sequences or graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the EnergyHQ website; (iv) access or use for any commercial purpose any part of the EnergyHQ website or any services or materials through the EnergyHQ website.

If you wish to make any use of material on the EnergyHQ website other than that set out in these Terms of Use, please address your request to our contact information located here: EnergyHQ.com If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the EnergyHQ website in breach of these Terms of Use, your right to use the EnergyHQ website will cease immediately and you must, at our option, return or destroy any copies of the material you have made. No right, title or interest in or to the EnergyHQ website or any content on the EnergyHQ website is transferred to you, and all rights not expressly granted are reserved by EnergyHQ. Any use of the EnergyHQ website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. Trademarks: EnergyHQ name, along with EnergyHQ design logo, and all related names, logos, product and service names, designs and slogans are trademarks of EnergyHQ or licensors. You must not use such marks without the prior written consent of EnergyHQ. All other names, logos, product and service names, designs and slogans on the EnergyHQ website are the trademarks of their respective owners.

Copyright Complaints: We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the EnergyHQ website infringe your copyright, you may request removal of those materials (or access to them) from the EnergyHQ website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the EnergyHQ website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

EnergyHQ.com Attn: Copyright Agent
EnergyHQ.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the EnergyHQ website is infringing your
copyright, you may be held liable for damages (including costs and attorneys’ fees).

IV. Reliance on Information Posted

The information presented on or through the EnergyHQ website is made available solely for general informational purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly
at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the EnergyHQ website, or by anyone who may be informed of any of its contents. the EnergyHQ website may include
content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by EnergyHQ, are solely the opinions and the responsibility
of the person or entity providing those materials. These materials do not necessarily reflect the opinion of EnergyHQ. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

V. Changes to the Website

EnergyHQ may update the content on the EnergyHQ website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the EnergyHQ website may be out of date at any given time, and we are under no obligation to
update or modify such material.

V. Advertisements and Links

Advertisements

We may include advertisements on or through the EnergyHQ website for third-party vendors and businesses. Your correspondence or business dealings with, or participation in promotions of, such companies, including payment and delivery of related goods
or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third-party vendor. Any questions, complaints, or claims should be directed to the appropriate advertiser
or third-party vendor and not us. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers or third-party vendors or product
reviews or ratings on The EnergyHQ website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third party vendors or advertisers or any other end users of the Service are those of the respective
author(s) or distributor(s) and not ours.

Links

The EnergyHQ website and newsletter may provide links to other websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party sites. EnergyHQ expressly disclaims any representations
regarding the content or accuracy of materials on such third-party websites. Because EnergyHQ has no control over such sites, you acknowledge and agree that EnergyHQ is not responsible for the availability of such external or co-branded sites, and does
not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You further acknowledge and agree that EnergyHQ shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness,
or usefulness of any information, opinion, advice, etc., or other content available from such third-party sites. Anyone linking to the EnergyHQ website must comply with the following guidelines and all applicable laws: (i) links to the EnergyHQ website
may link to but not replicate the website content; (ii) should not create a browser, frame or border environment around any website content; (iii) should not imply that EnergyHQ is endorsing the source of the link or its products; (iv) should not misrepresent
its relationship with EnergyHQ or the EnergyHQ website; (v) should not present false or misleading information about EnergyHQ or the EnergyHQ website; and (vii) should not contain content that is reasonably considered to be profanity, defamatory, vulgar,
unlawful or offensive.

VII. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the EnergyHQ website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ENERGYHQ WEBSITE OR ANY SERVICES
OR ITEMS OBTAINED THROUGH THE ENERGYHQ WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE ENERGYHQ WEBSITE, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF THE ENERGYHQ WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ENERGYHQ
WEBSITE IS AT YOUR OWN RISK. THE ENERGYHQ WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ENERGYHQ WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER
ENERGYHQ NOR ANY PERSON ASSOCIATED WITH ENERGYHQ, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE ENERGYHQ WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ENERGYHQ
NOR ANYONE ASSOCIATED WITH ENERGYHQ, REPRESENTS OR WARRANTS THAT THE ENERGYHQ 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 OUR
SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ENERGYHQ WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ENERGYHQ WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ENERGYHQ HEREBY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT
BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

VIII. Limitation on Liability

IN NO EVENT WILL ENERGYHQ, OR ENERGYHQ’S LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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 ENERGYHQ
WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE ENERGYHQ WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ENERGYHQ WEBSITE OR SUCH OTHER WEBSITES, 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. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IX. Indemnification

You agree to defend, indemnify and hold harmless EnergyHQ, its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the EnergyHQ website, including, but not limited to any use
of the EnergyHQ website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the EnergyHQ website. We reserve the right, at our own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

X. Waiver and Severability

No waiver of any term or condition set forth in these Terms of Use by EnergyHQ shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of EnergyHQ 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 or other tribunal 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.

XI. Governing law and Venue

All matters relating to the EnergyHQ website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the
internal laws of the State of Kansas without giving effect to any choice or conflict of law provision or rule (whether of the State of Kansas or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of
Use or the EnergyHQ website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Kansas in each case located in the City of Wichita, Kansas and County of Sedgwick County although we retain the right
to bring any suit, action or proceeding against you for breach of these Terms of Use in your place of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in
such courts.

XII. Entire Agreement

These Terms of Use and EnergyHQ Privacy Policy constitute the sole and entire agreement between you and EnergyHQ with respect to the EnergyHQ website and supersede all prior and contemporaneous understandings, agreements, representations and warranties,
both written and oral, with respect to The EnergyHQ website.

XIII. Contact Us

If you have any questions, comments or concerns regarding EnergyHQ’s Terms of Use, and/or practices, please direct your questions, comments, or concerns to our contact information located here: EnergyHQ.com