Powervine Energy, LLC (“We,” “us,” “our” or the “Company”), together with its affiliates and subsidiaries, owns and provides the services available at this website (the “Website”), and also through one or more mobile-optimized or -accessed websites, services, or applications (collectively, the “Mobile Apps”), to you subject to the following Terms and Conditions and our separate Privacy Policy (collectively, “Terms of Use”). Please read these Terms of Use before using our Website or Mobile Apps. If you do not agree to the Terms of Use, please do not use our Website or Mobile Apps. By using the Website or the Mobile Apps, you are agreeing to be bound by all of the terms and conditions of the most current version of the Terms of Use. These Terms of Use may be updated by us at any time without notice to you. Your continued use of the Website or Mobile Apps following any changes to the Terms of Use will mean you accept and agree to be bound by such changes.
The Website and Mobile Apps are offered and available to individuals who are 13 years of age or older. By using the Website and Mobile Apps, you represent and warrant that you are 13 years of age or older. If you do not meet this requirement, you must not access or use the Website or Mobile Apps and should not send any information about yourself to us through the Website or Mobile Apps.
Through the Website and the Mobile Apps, we provide a variety of information and services to our customers and potential customers. The information provided on this Website is for general information regarding the Company. No representation is made as to the completeness or accuracy of the information contained on the Website. You should be aware that this information may be incomplete, may contain errors or may be out of date. You may use the Website and the Mobile Apps solely for your own internal residential or internal business purposes and pursuant to these Terms of Use. You may not use the Website or the Mobile Apps for the purpose of competing with us.
You agree that you are solely responsible for your use of the Website and Mobile Apps. You will be truthful and will not misrepresent any demographic or personal information during registration, nor violate reasonable ethical, moral or professional standards in any content that is uploaded, posted, or distributed. You agree that you will not collect information about third parties via the Website or Mobile Apps or use any such information for the purpose of transmitting or facilitating the transmission of unauthorized or unsolicited advertising, junk or bulk email, chain letters, or any other form of unauthorized solicitation. You agree that you will not engage in the systematic retrieval of data or other content from the Website or Mobile Apps to create or compile, directly or indirectly, a collection, compilation, database, or directory, without the Company’s prior written consent. You agree to comply with all applicable laws in your use of the Website and Mobile Apps.
You may choose to register a login account on the Website or Mobile Apps to access various interactive features and online services. By registering on the Website or Mobile Apps, you agree to provide accurate and current information about yourself as prompted by the Website and Mobile Apps login registration pages and maintain and promptly update your online profile information to keep it accurate and current.
When you register using the Website or Mobile Apps login registration, you will select a user ID and password. We may refuse to grant to you the user ID or password you request. Your user name and password are for your personal use only. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under your password and user ID. You agree to immediately notify the Company of any unauthorized use of Your user ID and password.
All information and material including images and text on this Website and within the Mobile Apps are the property of, or used under license by, the Company and is subject to copyright protections. The copyright in all material provided on the Website or within the Mobile Apps is held by the Company or by the Company’s licensor. You acknowledge and agree that the Website and the Mobile Apps contain proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Website and the Mobile Apps, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content are the property of the Company or its content suppliers and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Company does not grant any license or authorization to any user of its copyrightable material or other intellectual property by placing them on the Website or within the Mobile Apps. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner. However, you may print a copy of the information on the Website or within the Mobile Apps for your personal, non-commercial internal use or records. In so doing, you may not modify the material and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you ownership rights in the information and terminates automatically if you breach any of these Terms of Use. If you make any other use of the Website or the Mobile Apps, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to penalties.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Website and in the Mobile Apps are registered and unregistered Trademarks of the Company and/or its affiliates. Nothing on the Website or within the Mobile Apps should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website or within the Mobile Apps, without the prior written permission of the Trademark owner. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The Company’s name(s)and Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website or through the Mobile Apps, without prior, written permission. The Company prohibits use of the Company name or Trademarks as a metatag or as a "hot" link to any Company website unless establishment of such a link is approved in advance by the Company in writing. If you have any questions regarding any trademarks on the Website or within the Mobile Apps, please contact the Company.
There are links on the Website and Mobile Apps that allow you to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by the Company. The Company makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. The Company has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.
The Company has the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze any use of and access to the Website and Mobile Apps, including to determine compliance with these Terms of Use and any other rules that may be established by us from time to time. The Company also has the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any content made available through the Website and Mobile Apps, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any content you make available, and you agree to indemnify the Company for all claims resulting from any content you make available.
THE WEBSITE AND MOBILE APPS, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR MOBILE APPS, ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR MOBILE APPS, OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR MOBILE APPS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WEBSITES OR MOBILE APPS. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE AND MOBILE APPS IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND MOBILE APPS AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE AND MOBILE APPS MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY IS IN NO WAY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE WEBSITE OR MOBILE APPS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE AND MOBILE APPS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE AND MOBILE APPS.
You agree to defend, indemnify and hold harmless the Company from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or threatened breach of these Terms of Use; (ii) your submissions to the Company; (iii) your use of the Website and Mobile Apps; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; or (vi) any misrepresentation made by you. The Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with the Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of the Company. Your obligations under this paragraph shall survive termination of these Terms of Use or your cessation of use of the Website or the Mobile Apps.
The Website and Mobile Apps are controlled and operated by the Company from the United States, and is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of the United States. The Company does not represent or warrant that the Website or Mobile Apps or any parts thereof are appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Website or Mobile Apps, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website’s and Mobile Apps’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Pursuant To 47 U.S.C. Section 230(d) as amended, we notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website:
OnGuard Online www.onguardonline.gov
Please note that we do not endorse any of the products or services listed at such website.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website or Mobile Apps, please send an email to Service@PowervineEnergy.com. You may also contact us by writing to Powervine Energy, 539 W. Commerce #2290
Dallas, TX 75208, or by calling us at 888-263-2806. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
This Terms of Use and your use of the Website and Mobile Apps is governed by and construed in accordance with the laws of the United States and the State of Delaware, excluding its conflict of laws provisions. If any term of the Terms of Use is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
Any cause of action with respect to the Company or this Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within the state of Delaware.
You agree that any personal information that you provide through the Website or Mobile Apps will be used in accordance with the Company’s Privacy Policy.
These Terms of Use, together with the Privacy Policy, both as updated, reflect our complete agreement regarding the use of the Website and the Mobile Apps and supersede any prior agreements, representations, warranties, assurances or discussion related to the use of the Website and Mobile Apps. No failure or delay in exercising any of the rights, powers, or remedies under these Terms of Use will operate as a waiver of that or any other right, power, or remedy, and no waiver or modification of any term of these Terms of Use will be effective unless in writing and signed by an authorized representative of the Company.
Any cause of action with respect to the Company or this Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within the state of Delaware.
These Terms of Use, and the Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
These Terms of Use are effective unless and until terminated by either you or the Company. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Website and Mobile Apps. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Website or Mobile Apps, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or the Company, you must promptly destroy all materials and other content downloaded or otherwise obtained from the Websites and Mobile Apps, as well as all copies of such content, whether made under these Terms of Use or otherwise.Any cause of action with respect to the Company or this Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within the state of Delaware.
If you have any questions or comments, please contact us at: Service@PowervineEnergy.com, or by mail at the following address:
Powervine Energy, 539 W. Commerce #2290 Dallas, TX 75208.
