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.

I. ACCEPTANCE

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

Subject to these Terms of Use, EnerKnol grants you a non-exclusive, non-transferable, limited license to access and use the Website and its Content (as defined below) for fees, if applicable, and under the terms set forth below.

The Website and content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the Website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of EnerKnol. You may not commingle any portion of the Website with any other information and you may not edit, modify, or alter any portion of the Website.

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. 

No advice or information, whether oral or written, obtained by you from the company or through or from this website shall create any warranty not expressly stated in these terms of use.

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.

If you are dissatisfied with any portion of this website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this Website. EnerKnol will not pay you any damages in connection with your browsing or use of the Website.

VIII. INDEMNIFICATION

You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use or misuse of this Website, your connection to this Website, your violation of the Terms of Use, or your violation of any rights of another.

IX. NEW YORK STATE LAW

These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these Terms of Use will be filed only in the state or federal courts located in the Borough of Manhattan, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

X. MISCELLANEOUS

We may terminate your access, or suspend any user’s access to all or part of this Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms of Use, or is harmful to the interests of another user, a third-party provider, a service provider or the Company. This includes without limitation, any deliberate misuse of any element of this Website, including, without limitation, hacking, introduction of viruses or similar code, disruption or excessive use or any use in contravention of applicable law. The Company reserves the right at its sole discretion, to pass information to legal authorities.

EnerKnol makes available to its subscribers certain products and services for which it charges a fee, pursuant to the then-current standard form of EnerKnol's Master Subscription Agreement (“MSA”). The provision and use of such products and services shall be subject to and governed by the MSA. In the event of a conflict between these Terms of Use and terms in the MSA concerning the Website, the terms and conditions of the MSA shall govern and control.