Nobell Energy Solutions – Website Terms of Use
Effective Date: March 4, 2016
Thank you for visiting http://www.nobellenergy.com/ (the “Site”), which is owned and operated by Nobell Energy Solutions, LLC (“Nobell”). You should not use or access the Site until you have carefully read the terms and conditions in this Terms of Use agreement and Nobell’s Privacy Policy, which is incorporated herein by reference (collectively, the “Terms of Use”). By using or accessing the Site in any way, you agree to the Terms of Use. If you do not agree with the Terms of Use, you may not further use or access the Site.
USE OF THE SITE
Subject to the Terms of Use and your compliance with the Terms of Use, Nobell grants you the right to access and use the Site, including all of its contents, such as text, images, audio and the HTML used to generate the pages (“Content”).
PROPRIETARY RIGHTS
The Site and the Content are the property of Nobell or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content in whole or in part for any public or commercial purpose without the specific written permission of Nobell. Nobell hereby grants you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services available on the Site solely for personal, internal and non-commercial purposes. Except as otherwise provided herein, use of the Site does not grant you a license to any Content. You hereby grant to Nobell a non-exclusive, perpetual, sublicenseable, irrevocable, worldwide, and royalty-free license to use any content you post on the Site for any purpose. As between you and Nobell, Nobell is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site. In particular, the Nobell logos and service names are trademarks of Nobell (the “Nobell Marks”). Without Nobell’s prior permission, you agree not to display or use Nobell Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any Nobell Mark without the prior written consent of Nobell.
PROHIBITED USES
You may only use the Site for lawful purposes. You are responsible for your own communications and are responsible for the consequences of submitting information on or through the Site. You agree not to use the Site to collect, upload, transmit, display or distribute any content or material that Nobell determines, in its sole discretion:
· Violates any third party’s rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary rights;
· Is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable;
· Is harmful to minors in any way; or
· Is in violation of any law, regulation, obligation or other similar restrictions imposed by any third party.
In addition, you agree not to:
· Transmit any computer viruses or any software intended to damage or alter a computer system or data through the Site;
· Interfere with, disrupt or create an undue burden on Nobell’s servers or networks;
· Attempt to interfere with the function of the Site, host or network, including, without limitation, via means of a virus, overloading by means of a DDoS attack, “flooding”, “mailbombing”, “crashing” or sending unsolicited e-mail, including promotions and/or advertising of products or services;
· Attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means;
· Sublicense, resell, rent, lease, transfer or assign any Content; or
· Use software or automated agents or scripts to generate automated searches, requests or queries to (or to strip, scrape, or mine data from) the Services.
You shall promptly notify Nobell in accordance with the Contact Information provision of the Terms of Use if you learn of any security breach related to the Site or misuse of the Content.
Violations of the Site’s or Nobell’s systems or network security may result in civil or criminal liability.
NO OFFER, SOLICITATION OR ADVICE
You acknowledge and agree that neither Nobell nor any other person (including, without limitation, any affiliate of Nobell) is in any way obligated to offer you the chance to invest in any Nobell entity or affiliate. The Site does not make any effort to present a comprehensive or balanced description of Nobell or its investment activities. Except to the extent otherwise specified by Nobell in separate writing addressed to you, nothing on the Site is intended to constitute:
· An offer, or solicitation of an offer, to purchase or sell any security, other asset or service;
· Investment advice or an offer to provide such advice; or
· A basis for making any investment decision.
THIRD PARTY WEBSITES
The Site may link to or integrate with other websites operated by third parties, and such other websites may link to this website. Nobell has no control over any such other websites or their content and will have no liability arising out of or related to such websites or their content. The existence of any such link does not constitute an endorsement of such websites, the content of the websites or the operators of the websites. Nobell is providing these links to you only as a convenience. You release and hold Nobell harmless from any and all liability arising from your use of any third party website or service.
DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE PROVIDED “AS IS.” NEITHER NOBELL NOR ANY OF ITS AFFILIATES IS PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE SITE OR THE CONTENT. NOBELL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. NOBELL AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE SITE AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE SITE AND THE CONTENT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WILL NOBELL OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY AMOUNT IN EXCESS OF $100 OR (II) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER NOBELL OR ITS AFFILIATES HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD NOBELL, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF THE SITE OR YOUR VIOLATION OF THESE TERMS OF USE.
PRIVACY POLICY
In the course of your use of the Site, you may be asked to provide certain information to us. Nobell’s collection and use of any information you provide via the Site shall be governed by Nobell’s Privacy Policy.
CHANGES TO TERMS OF USE
Nobell may modify the Site and/or the Terms of Use from time to time without notice to you. If Nobell makes material changes to the Terms of Use, Nobell will post the revised Terms of Use on the Site. You should check the Site and the Terms of Use periodically for such modifications. If you use the Site after any changes to the Terms of Use have been posted, you agree to be bound by the Terms of Use as modified.
GENERAL INFORMATION
The Site is operated and controlled by Nobell in the United States. If it is illegal or prohibited in your country of origin to access or use the Site, then you should not do so. Those who choose to access the Site outside the United States of America access it on their own initiative and are responsible for compliance with all local laws and regulations. The Terms of Use, and any disputes relating to the Terms of Use or your use of the Site or the Content, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Except as otherwise agreed in writing by Nobell, any disputes relating to the Terms of Use shall be resolved exclusively in the state or federal courts located in Santa Clara County, California. The Terms of Use set forth the entire agreement between you and Nobell with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. Nobell’s rights under the Terms of Use may be waived by Nobell only in writing. The Terms of Use are binding on you as well as your successors and permitted assigns. In the event any provision of the Terms of Use is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of the Terms of Use and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of the Terms of Use.
CONTACT INFORMATION
We encourage you to contact us if you have questions or comments about the Terms of Use. Please address comments or questions to us via email or postal mail, using the addresses provided below:
2045 E. Tahquitz Canyon Way
Palm Springs CA 92262
fred@nobellenergy.com