Effective as of April 1, 2012
Acceptance of Terms and Conditions
The Site provides an interactive online service operated by Enervee® Corporation on the Internet, consisting of information services, content and transaction capabilities facilitated through Enervee®, affiliates of Enervee® or merchants (“Merchants”) offering e-commerce products and utility plans.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s username and password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Enervee®, and Enervee® shall not be responsible for any data lost while transmitting information on the Internet. While it is Enervee®’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Enervee®, access to the Site may be interrupted, suspended or terminated from time to time.
Enervee® shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Enervee® may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
2. Modified Terms.
3. End User Conduct.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Enervee®, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
4. Copyright and Trademarks.
Everything located on or in this Site, is the exclusive property of Enervee Corporation and its licensors, or is used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF ENERVEE CORPORATION IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Enervee® owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Enervee® or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or otherwise owned or operated in conjunction with Enervee® shall not be deemed to be in the public domain but rather the exclusive property of Enervee® and/or its licensors
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Enervee® does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted Enervee® the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User’s personal use. End User hereby grants Enervee® the right to edit, copy, publish and distribute any material made available on this Site by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Enervee®, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Copyright Policy.
Enervee® reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Enervee® by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Enervee® with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Enervee®’s Copyright Agent for notice of claims of copyright infringement is as follows:
Copyright Agent Enervee Corporation 10000 Washington Blvd 6th Floor Culver City, CA 90232 Facsimile: 844.363.7833 Email: email@example.com
6. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT END USER’S SOLE RISK. NEITHER ENERVEE®, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE. THIS SITE ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ENERVEE® HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ANY PRODUCTS PURCHASED FROM MERCHANTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ENERVEE DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCT, AND CONTENT OF MERCHANTS AND ANY OTHER THIRD PARTIES.
THIS SITE ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ENERVEE® HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability.
IN NO EVENT SHALL ENERVEE®, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL THE LIABLITY OF ENERVEE® IN CONNECTION WITH THE SITE OR END USERS’ USE OF THE SITE EXCEED $100.
Enervee® shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Enervee®, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Enervee®shall have the right, but not the obligation, to remove any material that Enervee®, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
10. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Enervee® a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Enervee®, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the Site.
End User is solely responsible for interactions with Merchants and other users of the Site. To the extent permitted under applicable laws, End User hereby releases Enervee® from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”
Enervee® may terminate this Agreement at any time. Without limiting the foregoing, Enervee® shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Enervee®, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.”
Enervee® is a registered trademark of Enervee Corporation. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Enervee® are the property of their respective owners.
14. Third-Party Content.
Enervee®, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Enervee® has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Enervee®.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Enervee®. Enervee®neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Enervee® by anyone other than authorized Enervee® employee spokespersons while acting in official capacities. Under no circumstances will Enervee® be liable for any loss or damage caused by an end user’s reliance on information obtained through Enervee®. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Enervee®.
Enervee® contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Enervee® of the contents on such third-party sites, and Enervee® hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Enervee®expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Enervee® reserves the right to revoke its consent to any link at any time in its sole discretion.
These terms and conditions of use and any operating rules for Enervee® established by Enervee®, constitute the entire agreement between you and End User with respect to the use of the Site by End User. These terms and conditions of use, and any dispute arising out of End User’s use of the Site, will be governed by and in accordance with the laws of the State of California, without regard to its conflict of law principles. End User hereby submits to the exclusive jurisdiction of the federal and state courts in the State of California for any disputes arising out of these terms and conditions of use or End User’s use of the Site. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of these terms and conditions of use is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained herein, and the remaining portions of these terms and conditions of use shall continue in full force and effect. The failure of either party to exercise any of its rights hereunder shall not be deemed a waiver or forfeiture of such rights.
For Florida residents purchasing Vouchers where the Merchant is a healthcare provider: The patient and any other person responsible for payment has a right to refuse to pay, cancel payment or be reimbursed for payment for any service, examination or treatment that is performed as a result of and within 72 hours of responding to the advertisement for the free, discounted fee or reduced fee service, examination or treatment. In most states, businesses not exclusively owned by physicians are prohibited from practicing medicine.
Enervee Corporation is located at 10000 Washington Blvd, 6th Floor, Culver City, California 90232. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You should note that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Current providers of such protections can be found at Wikipedia.