Terms of Service
December 1, 2017
2 Responsible Use and Conduct
By visiting our website and accessing the information, System, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as the “System”), you agree to use the System only for the purposes intended as permitted by (a) the terms of this Terms of Service, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
3 Registration Information
In order to access our System, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the System. You agree that any information you provide will always be accurate, correct, and up to date.
4 Security of Login Information
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our System. Accordingly, you are responsible for all activities that occur under your account/s. Do not share your user name or password with any other person or allow any other person to use your account. We are not liable for any improper use of your login id, user name, password, or account or any use by any third party. If you think your login id, password, or account have been compromised you must inform us immediately.
5 Accessing the System
Accessing (or attempting to access) any of our System by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our System through any automated, unethical or unconventional means.
6 Disrupting Our System
Engaging in any activity that disrupts or interferes with our System, including the servers and/or networks to which our System are located or connected, is strictly prohibited.
7 Reproduction of Our System
Attempting to copy, duplicate, reproduce, sell, trade, or resell our System is strictly prohibited.
8 Your Responsibility for Damages
You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
9 Your Responsibility for Your Content
We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
9.1 Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
9.2 Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
9.3 Contains any type of unauthorized or unsolicited advertising;
9.4 Impersonates any person or entity, including any Pierce Energy Planning employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Terms of Service, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
10 We are not Responsible for Your Content
11 We are not Responsible for Third Party Sites
External sites have not been verified or reviewed by Us and all use and access of External Sites is made at your own risk. “External Sites” means third party web sites and online services to which the System links.
12 You Indemnify Us
You agree to indemnify and hold harmless Pierce Energy Planning and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Terms of Service or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Terms of Service. In such event, you shall provide us with such cooperation as is reasonably requested by us.
14 Limitation of Warranties
By using our website, you understand and agree that the System is “as is” and “as available”. This means that we do not represent or warrant to you that:
14.1 the use of our System will meet your needs or requirements.
14.2 the use of our System will be uninterrupted, timely, secure or free from errors.
14.3 the information obtained by using our System will be accurate or reliable, and
14.4 any defects in the operation or functionality of any System we provide will be repaired or corrected.
Furthermore, you understand and agree that:
14.5 any content downloaded or otherwise obtained through the use of our System is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
14.6 no information or advice, whether expressed, implied, oral or written, obtained by you from Pierce Energy Planning or through any System we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Terms of Service.
15 Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Pierce Energy Planning will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our System, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
16 Copyrights/Trademarks/Intellectual Property
16.1 Ownership. All content and materials available on Pierce Energy Planning, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Pierce Energy Planning, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Pierce Energy Planning. All Pierce Energy Planning intellectual property rights are hereby asserted and reserved.
16.2 License. Subject to these terms and conditions and your compliance with them, Pierce Energy Planning grants you a non-exclusive, non-transferable, personal, limited license to access and use the Service solely for your private, non-commercial, personal use only. This license includes the limited right to download content, materials, data and communications temporarily, for purposes solely connected with the private, non-commercial, personal use of the Service. You may not transfer, sub license or deal in this right without prior written permission. These terms and conditions and the rights granted by them do not give you any title or rights of ownership in any part of the Service or any copyright or other intellectual property rights subsisting in it.
16.3 Third Parties. All third party trade names and trademarks are the property of their respective owners and We make no warranty or representation in relation to them. We do not claim or assert any right title or interest in any third party Communications.
17 Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and System with or without notice and for any reason, including, without limitation, breach of this Terms of Service. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the System we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
18 Governing Law
This website is controlled by Pierce Energy Planning in Arizona. It can be accessed by most countries around the world. By accessing our website, you agree that the statutes and laws of our state, without regard to the conflict of laws, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
Furthermore, any action to enforce this Terms of Service shall be brought in the courts of Phoenix, Arizona. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
19 Disclaimer of Warranties
UNLESS OTHERWISE EXPRESSED, PIERCE ENERGY PLANNING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
20 Contact Information
21 Changes to These Terms of Service
We reserve the right to change this Terms of Service from time to time by posting new Terms of Service publicly on Pierce Energy Planning and requiring a click through by you when such terms change. You acknowledge and agree that it is your responsibility to review the Terms of Service periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications and click through will constitute acknowledgment and agreement of the modified terms and conditions.