WEBSITE TERMS AND CONDITIONS OF USE
By accessing and using EnerKnol’s websites at enerknol.com and enerknoldata.com, (collectively herein referred to as the “Website”), you warrant your agreement with the following terms and conditions of use without limitation or qualification. Your use of this Website as a visitor, or as a subscriber, or as a trial or paid user with or without login credentials, is legally bound to these Terms and Conditions. All use and electronic communications are subject to monitoring.
EnerKnol, Inc., and its subsidiaries, and affiliates (collectively referred to herein as the “Company”) may at any time revise these conditions. Your continued use of this Website following the posting of any changes to these Terms constitutes your acceptance of those changes.
By using this Website, you represent, warrant and covenant that you: (i) have the power and authority to enter into this Agreement; (ii) shall not use any rights granted hereunder for any unlawful purpose; and (iii) shall use the Website only as set forth in these terms and conditions. If you do not agree to these terms you may not use this Website.
II. NO OFFER
Neither the information nor any opinion contained on this Website constitutes investment advice, a solicitation or an offer to sell by the Company or its affiliates for the purchase or sale of any securities, futures, options or other financial instruments or to provide any investment advice or service. The Company is not utilizing this Website to provide investment or other advice to you or any other party, and no information or material at this Website is to be relied upon for the purpose of making or communicating investment or other decisions. The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company or any affiliate to any registration requirement within such jurisdiction or country.
III. WEBSITE AND CONTENT USE
Your use of any third-party links contained on this Website is at your own risk. The Company makes no guarantees or representations as to, and shall have no liability for, any third-party Website, including without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. You hereby waive any claim you might have against us with respect to such other Websites.
IV. RESTRICTED CONTENT
Certain areas of the Website are restricted for use solely by authorized users, those individuals to which EnerKnol has assigned login credentials (“Restricted Content”).
If you are an authorized user of the Restricted Content, you agree that you are entirely responsible for maintaining the confidentiality of your password or your employees’ passwords and account information, if any, and you agree to notify EnerKnol if the password is lost, stolen, disclosed to an unauthorized third party or otherwise compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify EnerKnol of any unauthorized use of your account or any other breach of security in relation to the Website.
V. INTELLECTUAL PROPERTY
The Content is the exclusive property of EnerKnol and/or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos displayed on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of EnerKnol or its licensors. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of EnerKnol or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.
VI. NO SCRAPING
You expressly agree not to:
use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Website or the Content found on or accessed through the Website without prior express written consent;
obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;
in any way bypass or circumvent any other measure employed to limit or prevent access to the Website or its Content;
violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with this Website, through hacking, password mining or any other means;
interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website;
exceed two thousand (2,000) symbol calls in any single request for data, or request the same data more frequently than once every one hundred and twenty (120) seconds;
or take or attempt any action that, in the sole discretion of this Website’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or such operation’s infrastructure.
VII. LIMITATION OF LIABILITY
Your use of this website is at your sole risk. The information and content on this website are provided on an “as is” and “as available” basis. The company does not warrant the accuracy, adequacy or completeness of the materials provided on this website, either expressly or impliedly, for any particular purpose and to the fullest extent permissible by applicable law, each expressly disclaims all warranties of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement.
Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Website.
In no event will the Company be liable to you for any loss or damage arising out of the use of, or inability to use, this website, whether direct, indirect or consequential, foreseen or unforeseen, including loss of profit or other economic loss, or any other damages of any kind.
IX. NEW YORK STATE LAW