Date of Last Revision: December 18, 2017
Additional terms and conditions may apply to your use of certain portions of the Sites, your use of services offered through the Sites, or your purchase of products through the Sites (collectively, “Additional Terms”). If there is a conflict between these Site Terms and any Additional Terms, the applicable Additional Terms shall control with respect to your use of such portions of the Sites, your use of such services, or your purchase of such products.
Mobile Enerlytics may change or modify these Site Terms at any time. Your continued use of the Sites will constitute your acceptance of any changes to these Site Terms. It is your responsibility to review these Site Terms from time to time — it’s important you understand the terms and conditions that apply to your use of the Sites.
The Sites and all content and other materials on the Sites — including, without limitation, Mobile Enerlytics’s name, trademarks, logos, taglines, product names, and service names, and all artwork, designs, text, graphics, pictures, information, data, software, sound files, page headers, button icons, scripts and other files, and the selection, arrangement, and “look and feel” thereof (collectively, the “Site Materials”) — are the property of Mobile Enerlytics or its licensors and are protected by U.S. and international trademark, trade dress, copyright, patent and other intellectual property and unfair competition laws.
Your Use of the Sites and Site Materials
Your right to access and use the Sites is subject at all times to these Site Terms and is solely for your informational, non-commercial and personal use.
You are not allowed to (directly or indirectly): (a) resell or otherwise make commercial use of the Sites or the Site Materials; (b) collect or use any images, descriptions, or other content included in the Site Materials, or any portion thereof; (c) copy, imitate, distribute, publicly perform, or publicly display any Site Materials; (d) modify or otherwise make any derivative uses of the Sites or the Site Materials, or any portion thereof; (e) use data mining, robots or similar data gathering or extraction methods on any of the Sites; (f) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Sites; (g) introduce into the Sites any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (h) remove or alter any proprietary notices or labels on or in the Sites; (i) use the Sites to directly or indirectly develop any product or service that competes with the Sites; (j) download (other than page caching) any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (k) use the Sites or the Site Materials other than for their intended purpose.
Any use of the Sites or the Site Materials other than as specifically authorized herein, without Mobile Enerlytics’s prior written permission in each instance, is strictly prohibited. Such unauthorized use may violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
Hyperlinks to the Sites
You may create text hyperlinks to the Sites for noncommercial purposes, provided such links do not, directly or indirectly, (a) portray Mobile Enerlytics or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner; or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.
Third Party Products and Services
Mobile Enerlytics may provide third party content on the Sites, run third parties’ advertisements or promotions on the Sites, or otherwise provide information about or links to third party websites and other third party content, products or services on the Sites (collectively, “Third Party Products and Services”). Mobile Enerlytics does so for your convenience only, and does not control, endorse or make any representations or warranties regarding any Third Party Products and Services, including, without limitation, regarding the accuracy, efficacy, safety, or completeness thereof. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. You acknowledge and agree that your use of any Third Party Products and Services is at your own risk and that Mobile Enerlytics is not responsible or liable in any manner for any such Third Party Products and Services, or for any loss or damage you may incur as the result of your use of such Third Party Products and Services.
YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, MOBILE ENERLYTICS IS PROVIDING THE SITES AND THE SITE MATERIALS ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. MOBILE ENERLYTICS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES AND THE SITE MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, OR ACCURACY. MOBILE ENERLYTICS DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. MOBILE ENERLYTICS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ANY OF MOBILE ENERLYTICS’S LICENSORS. YOUR SOLE REMEDY AGAINST MOBILE ENERLYTICS OR ITS LICENSORS FOR DISSATISFACTION WITH THE SITES OR FOR ANY DAMAGE CAUSED BY THE SITES IS TO STOP USING THE SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL MOBILE ENERLYTICS, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM MOBILE ENERLYTICS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MOBILE ENERLYTICS’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MOBILE ENERLYTICS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE SITE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MOBILE ENERLYTICS FOR ACCESS TO OR USE OF THE SITES.
Applicable Law and Venue
These Site Terms and your use of the Sites will be governed by the laws of the State of California, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Santa Clara County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Mobile Enerlytics reserves the right, without notice and in its sole discretion, to terminate, suspend or disable your access to the Sites or the Site Materials if Mobile Enerlytics believes you’re violating these Site Terms or any laws, rules, or regulations. Mobile Enerlytics also reserves the right, at any time, to modify the Sites or the Site Materials, or any portion thereof. You agree that Mobile Enerlytics won’t be liable to you or to any third party for any termination, modification, suspension, or discontinuance of the Sites, the Site Materials, or any portion thereof.
You agree you will comply with all applicable laws in connection with your access to and use of the Sites and the Site Materials. You shall not, without prior U.S. government authorization, export, re-export, or transfer the Sites, the Site Materials or any other Mobile Enerlytics products, services or technology, either directly or indirectly, in violation of such applicable laws and regulations. These Site Terms are personal to you, and you may not assign or delegate your rights and/or duties under these Site Terms to anyone else and any attempted assignment or delegation is void. You acknowledge that Mobile Enerlytics has the right to seek an injunction, if necessary, to stop or prevent a breach of your obligations under these Site Terms. Mobile Enerlytics’s delay or failure to exercise or enforce any right or provision of these Site Terms will not constitute a waiver of such right or provision. No waiver by Mobile Enerlytics will have effect unless such waiver is in writing, and signed by Mobile Enerlytics. No waiver of any breach or default in one instance will constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Site Terms to be unenforceable, the provision of these Site Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Site Terms will continue in full force and effect. These Site Terms constitute the entire agreement between you and Mobile Enerlytics with regard to the matters described in these Site Terms.
If you have any questions about these Site Terms, please contact us at legal@mobileEnerlytics.com