http://www.EnergySheriffs.com web site or any other web sites owned by Energy Sheriffs, LLC. User acknowledges that he or she has read, understood and agrees to comply with the terms and conditions stated within this Agreement.
Energy Sheriffs, LLC reserves the right to change these terms and conditions periodically at its sole discretion. User’s continued use of this web site constitutes acceptance of the terms and conditions stated at the time of use.
Users agree that all the information posted or accessed will be used only for informational or educational purposes. There may be no commercial or other unauthorized use of any interactive features available on this web site. Users may not engage in any conduct or action that is prohibited by law or violates any federal, state or local laws.
CORPORATE IDENTIFICATION AND TRADEMARKS
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this web site are the property of Energy Sheriffs, LLC, unless otherwise noted. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without Energy Sheriffs, LLC’s prior written permission. The use of Energy Sheriffs, LLC’s Marks on any other web site is strictly prohibited.
PROPRIETARY RIGHTS TO CONTENT
All materials contained on this web site are copyrighted by Energy Sheriffs, LLC except where explicitly noted otherwise. User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, video, design, graphics, movie trailers, film clips or other material contained in this web site ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User may not copy, reproduce, republish, distribute, modify or create derivative works from this Content or otherwise use, transmit, upload, rebroadcast or publish in any form this Content other than as expressly authorized by this Agreement without Energy Sheriffs, LLC’s prior, written consent.
LINKS TO THIRD PARTY SITES
The Energy Sheriffs, LLC web site may contain links to third party web sites, which are not under the control of Energy Sheriffs, LLC. Energy Sheriffs, LLC makes no representations whatsoever about any other web site to which you may have access through the Energy Sheriffs, LLC web site. When you access a third party web site, you do so at your own risk and acknowledge that Energy Sheriffs, LLC is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User also agrees that Energy Sheriffs, LLC shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site. Mention of third party companies and web sites on the Energy Sheriffs, LLC web site is for informational purposes only and does not constitute an endorsement or recommendation.
Any software that is made available to download ("Software") from this web site is the proprietary and copyrighted work of Energy Sheriffs, LLC and/or its third party suppliers. Use of the Software is governed by the End User License Agreement, which accompanies or is included with the Software ("License Agreement"). An end user's license to use any Software is conditioned upon Energy Sheriffs, LLC's acceptance of the end user's purchase order and the end user's review and agreement to, and compliance with, the License Agreement terms. Energy Sheriffs, LLC reserves the right to reject any purchase order or license for any reason in Energy Sheriffs, LLC's sole discretion.
Energy Sheriffs, LLC and/or its respective third party suppliers may make improvements and/or changes in the Software at any time without notice. Energy Sheriffs, LLC may cease offering the Software for download or discontinue this web site at any time without notice. Energy Sheriffs, LLC assumes no obligation with respect to supporting the web site or Software, except as expressly set forth in the License Agreement.
THE WEB SITE IS OFFERED FOR USE "AS IS" WITHOUT WARRANTIES OF ANY KIND. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY AS SET FORTH IN THE EXPRESS TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ENERGY SHERIFFS, LLC HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE AND WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
USER EXPRESSLY UNDERSTANDS AND AGREES THAT ENERGY SHERIFFS, LLC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEB SITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF ENERGY SHERIFFS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
While every effort is made to ensure accuracy, Energy Sheriffs, LLC makes no warranty that this web site will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Energy Sheriffs, LLC make any warranty as to the results that may be obtained from the use of this web site or as to the accuracy or reliability of any information obtained through this web site.
USER UNDERSTANDS AND AGREES THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT USER’S OWN RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.
UNLESS EXPRESSLY STATED OTHERWISE, ENERGY SHERIFFS, LLC PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ENERGY SHERIFFS, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF ENERGY SHERIFFS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
User agrees, at User’s expense, to indemnify, defend and hold harmless Energy Sheriffs, LLC, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with any claim, demand, suit, action or proceeding arising out of User’s breach of this Agreement or in connection with User’s use of this web site or any product or service related thereto.
This Agreement and the relationship between User and Energy Sheriffs, LLC shall be governed by and construed in accordance with the laws of the State of Florida, United States of America. Any controversy or claim arising out of or relating to this Agreement or relating to use of this web site and the material contained in this web site shall be resolved in a Florida court. User agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will be forever barred.
The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.
PASSWORDS AND SECURITY
You may choose or be given a user name and password to use in connection with the Sites. With respect to any such user name that You choose, Energy Sheriffs, LLC may refuse to grant You, and You may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
You agree that You will not share your user name or password with any other person, and it is your sole responsibility to maintain and keep all user names and passwords confidential. Furthermore, You are solely responsible for any and all activities that occur under your account, and hereby authorize Energy Sheriffs, LLC to assume that any activity conducted on a Site using your user name and password was conducted by You. You shall immediately notify Energy Sheriffs, LLC in writing info@EnergySheriffs.com of any unauthorized use of any account or any other breach of security. Energy Sheriffs, LLC reserves the right to monitor your account and shall have the right at any time, with or without prior notice to You, to require You to change your user name or password for any or no reason.
Energy Sheriffs, LLC and/or our third party service provider(s) may make available through the Sites services (for example, message boards, chat functionality and blogs, among other services) to which, subject to Section 5.0 below, You are able to post information and materials. For any permitted information and/or materials You submit through such services, or otherwise to a Site (each, a “Posting”), You grant to Energy Sheriffs, LLC and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to You: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display, publicly perform and digitally perform such Posting, in any media now known or hereafter developed, for Energy Sheriffs, LLC’ business purposes, and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law. For each Posting, You represent and warrant that You have all rights necessary for You to grant the licenses granted in this section, and that such Posting, and your provision thereof to and through a Site, comply with all applicable laws, rules and regulations. No User Posting shall be subject to any obligation of confidentiality of Energy Sheriffs, LLC and Energy Sheriffs, LLC shall not be liable for use or disclosure of any User Posting.
You acknowledge and agree that: (a) Energy Sheriffs, LLC reserves the right (but have no obligation) to evaluate each Posting before allowing it to be posted on a Site; and (b) We may do one or all of the following, at our discretion: (i) monitor Postings; (ii) alter, remove, or refuse to post or allow to be posted any Posting; and/or (iii) disclose any Postings, and the circumstances surrounding their transmission, to any third party in order to operate the Sites; to protect Energy Sheriffs, LLC its subsidiaries, affiliates and related entities, and their respective officers, directors, employees, agents, successors and assigns, and the Sites’ users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose.
Information on the Sites may be provided both by Energy Sheriffs, LLC and by third party visitors to the Sites. Please note that Site visitors may post messages or make statements on the Sites that are inaccurate, misleading or deceptive. Energy Sheriffs, LLC neither endorses nor is responsible for any opinion, advice, information or statements made on the Sites by third parties. Without limitation, Energy Sheriffs, LLC is not responsible for any information or materials made available through any Site (including without limitation errors or omissions in postings or links or images embedded in messages) or results obtained by using any such information or materials. Under no circumstances will Energy Sheriffs, LLC its subsidiaries, affiliates and related entities, and their respective officers, directors, employees, agents, successors and assigns, be liable to You or any third party claiming through you for any loss or damage caused by your reliance on such information or materials. The opinions expressed on the Sites reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of Energy Sheriffs, LLC.
In addition, Energy Sheriffs, LLC has no control over, and shall have no liability for, any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any part of the Sites. If you choose to make any of your personally identifiable or other information publicly available ON THE SITE, you do so at your own risk.
Energy Sheriffs, LLC does not accept unsolicited submissions of any work, idea, creative material, concept, or other information, and Energy Sheriffs, LLC assumes no obligation, either express or implied, with respect to any work, idea, creative material, concept, or other information submitted by You. In the event that You submit any work, idea, creative material, concept, or other information to Energy Sheriffs, LLC in violation of the previous sentence (each, an “Unsolicited Submission”), You hereby grant to Energy Sheriffs, LLC (and its subsidiaries, affiliates and related entities) the free and unfettered, worldwide, non-exclusive, sublicenseable (through multiple tiers of sublicensees), assignable (in whole or in part, including sub-assignments), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale, import and use and exploit in any way your Unsolicited Submission in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to You or any provider, author, or owner of the Unsolicited Submission. No Unsolicited Submission shall be subject Energy Sheriffs, LLC to any obligation of any kind, including without limitation, confidentiality, attribution, compensation, or otherwise, and Energy Sheriffs, LLC shall not be liable for any exploitation, use, or disclosure of any Unsolicited Submission.
You hereby agree that no confidential or fiduciary relationship is intended or created by reason of the submission of any Unsolicited Submission by You. You hereby release Energy Sheriffs, LLC and its subsidiaries, affiliates and related entities, and their respective officers, directors, employees, agents, successors, licensees, distributors and assigns, to the maximum extent allowable by law, of and from, and irrevocably waive, any and all claims, costs, demands, liabilities, fees, penalties and other expenses of any kind whatsoever, known or unknown, that may exist or arise relating to, arising out of, or in connection with the Unsolicited Submission and/or Energy Sheriffs, LLC’ use or disclosure of the Unsolicited Submission.
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved.
Thank you for visiting www.EnergySheriffs.com
* The kinds of information we collect;
* The ways in which we use the information that we collect;
* The choices you have with regard to the information we collect; and
* Our pledge to have reasonable security measures in place to protect against the loss, misuse or alteration of information under our control.
SPECIAL POLICY WITH REGARD TO INFORMATION FROM CHILDREN UNDER THIRTEEN
Energy Sheriffs, LLC is especially sensitive to privacy issues concerning children. Energy Sheriffs, LLC.com is not targeted specifically to children under the age of 13, and we do not knowingly collect personally-identifiable information from any child under the age of 13.
Protecting the privacy of children is especially important. For that reason, we support and comply with the Children’s Online Privacy Protection Act (“COPPA”) and other laws, and we do not knowingly collect Personally Identifiable Information from children without parental consent. We recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. We will not condition a child’s participation in an online activity on the child providing more Personally Identifiable Information than is reasonably necessary for participation in such activity. References to “child” or “children” throughout this Policy refer to children under the age of thirteen (13). “Parent” is used to refer to both parents and legal guardians.
Collection and Use of Personally Identifiable Information About Children
Children may access some content on the Site, including certain games and activities, without providing any Personally Identifiable Information. To register for our newsletter, post to user forums, play certain online games, enter contests and sweepstakes, and to participate in other activities that may involve the collection of Personally Identifiable Information, children must first enter their date of birth and provide a parent’s email address. An email will be sent to parents of children alerting them to the child’s registration.
When children register for our newsletter, Energy Sheriffs, LLC will send an email to the parent offering the opportunity to opt out of allowing his or her child to participate. The parent may submit his or her determination to opt out to Energy Sheriffs, LLC via a web form. If the parent does not opt out within forty-eight (48) from when we send out such an email, we will assume the parent has consented to the use or collection of Personally Identifiable Information from the child.
Energy Sheriffs, LLC will collect the child’s email address and use this information to send children newsletters and important information regarding the Site (including changes to our terms, conditions and policies).
Before allowing children to participate in online activities that involve the collection of Personally Identifiable Information, including certain games, sweepstakes, contests and user forums, Energy Sheriffs, LLC will send an email to parents requesting their verifiable consent. The parent may submit his or her consent to Energy Sheriffs, LLC via a web form. Energy Sheriffs, LLC will send a confirmation email to the parent’s email address confirming receipt of consent. Once the consent is received from the Parent, each child who registers for these activities will be asked to enter information such as: date of birth, first name, a password, address, email address and other information that the child may choose to submit. Personally Identifiable Information of children will be deleted from postings to user forums before being posted on the Site. Energy Sheriffs, LLC uses this information to notify contest winners, allow children to play games, allow children to access and post to user forums, send other marketing communications and allow children to participate in our promotions.
Energy Sheriffs, LLC currently does not disclose Personally Identifiable Information about children to third parties, as defined by COPPA. We may disclose such information to service providers that provide services to us, such as support Site operations and online services and other services.
Collection and Use of Non-Personally Identifiable Information About Children.
Energy Sheriffs, LLC may collect non-personally identifiable information or Aggregate Information from children in the manner described in the section above entitled “Non-Personally Identifiable Information.” Because Aggregate Information does not personally identify any child, we may use such information for any purpose.
COPPA provides that parents of children can: (1) review a description of the specific types of Personally Identifiable Information collected from your child; (2) refuse to allow any further use, maintenance in retrievable form or future collection of Personally Identifiable Information about your child; (3) obtain any Personally Identifiable Information collected from your child; and (4) delete Personally Identifiable Information collected from your child that is contained on the Site. To exercise any of these rights, please contact us by writing us info@EnergySheriffs.com
Energy Sheriffs, LLC will send a confirmation email to your last known email address of the changes to or deletion of your child’s Personally Identifiable Information.
INFORMATION COLLECTION AND USE
Energy Sheriffs, LLC collects two kinds of information from you: personally-identifiable information that you choose to provide to us and non personally-identifiable information, such as your IP address.
1. Personally-Identifiable Information
The only personally-identifiable information that we collect is what you voluntarily submit to us. For example, if you e-mail questions or requests for information about Energy Sheriffs, LLC, its films or its products, we may request your name, mailing address, telephone number and/or e-mail address in order to respond to your inquiries.
Also, if you submit a resume or application for employment with Energy Sheriffs, LLC via e-mail, you will be required to include personally-identifiable information so that Energy Sheriffs, LLC can adequately review your application and contact you. Energy Sheriffs, LLC may collect and store the information you choose to provide us in order to send you information about Energy Sheriffs, LLC from time to time.
Products and Services Offered By Energy Sheriffs, LLC or by Third-Party Vendors
The Energy Sheriffs, LLC web site offers software downloads which may require the user to enter personally-identifiable information. This information will be used to process your request.
Energy Sheriffs, LLC also may offer links to third party sites, which may offer products or services for sale. Please note that Energy Sheriffs, LLC does not usually process orders or ship merchandise and that Energy Sheriffs, LLC does not dictate or supervise the information collection and use policies of any third party vendors. Please be aware that we are not responsible for the privacy practices of any other web sites. We encourage our users to read the privacy statements of each and every web site that they visit for more information on how your information may be collected and used.
2. Non Personally-Identifiable Information
An IP Address is a number used by computers on a network to identify your computer so that data can be transmitted to you. We collect IP Address information in order to administer our web site and to gather broad demographic information.
3. Information Sharing
We may share personally-identifiable and/or non personally-identifiable information with select third parties, including our agents, affiliates, partners and sponsors. Also, we may disclose personally-identifiable information when required to do so under law or in cooperation with a legal request in connection with any law enforcement investigation or other public safety matter.
Energy Sheriffs, LLC provides you with the following choices regarding the use of your information:
· You may choose to not provide us with any contact information. However, if you do so, your ability to navigate this site may be impaired.
· If you would like to change or modify information you have previously provided us, please send an e-mail to info@EnergySheriffs.com.
NOTIFICATION OF CHANGES
END OF POLICY