Welcome to the Internet site(s) operated by NLC Energy LLC and its subsidiaries and affiliates (“NLC Energy”, “we”, “our” and “us”). This website (the “Services”) offers information about NLC Energy and may provide resources for you to interact with NLC Energy.
Please review these Terms of Use carefully. By accessing or using the Services in any way you are agreeing to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference (referred to collectively as the “Terms”).
Changes to the Terms or Services
Privacy Policy
Copyright Rights
Trademark and Service Marks
Acceptable Use
Disclaimer of Warranties
Limitation of Liability
Indemnification
Termination or Suspension
Waiver
Severability and Integration
Contact
1. CHANGES TO THE TERMS OR SERVICES
NLC Energy may modify or change the Terms from time to time. The amended Terms will automatically be effective when posted on the Services. Your continued use of the Services after any changes in these Terms shall constitute your consent to such changes. If you do not wish to accept modified Terms, you may not use the Services.
NLC Energy reserves the right to change, modify or discontinue, temporarily or permanently, the Services (or any portion thereof), including any and all content contained on the Services, at any time without notice. You agree that NLC Energy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any portion thereof).
2. PRIVACY POLICY
Please view our Privacy Policy, which explains or practices relating to the collection and use of your information through the Services. Our Privacy Policy Statement is incorporated into these Terms.
3. COPYRIGHT RIGHTS
All copyright in the text, images, graphics, user interface, and other content provided on the Services (collectively, the “Content”) is owned by NLC Energy or its third-party licensors.
The Content is protected by a variety of laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in the Terms, you are granted a limited, non-exclusive, revocable, non-sublicensable right to access the Services and the Content for your personal non-commercial use only, except as otherwise expressly permitted by NLC Energy.
4. TRADEMARKS AND SERVICE MARKS
All rights in the product names, company names, graphics, logos, button icons, scripts, and page headers of all NLC Energy or third-party products or services are owned by their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, and may not be copied or used, in whole, partial or modified form, without the prior written permission of NLC Energy or the third-party owner.
5. ACCEPTABLE USE
You agree to comply with all applicable laws and regulations in relation to your use of the Services. Without limiting the foregoing, you agree that you will not take any of the following actions with respect to our Services or Content, nor will you use our Services to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Services in any manner that:
is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another’s privacy, safety or racially, ethnically or otherwise offensive, hateful or abusive;
infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights;
removes any proprietary notices or labels on the Content;
advocates or solicits violence, criminal conduct or the violation of any local, state, federal or international law or the rights of any third party;
advocates or solicits violence, criminal conduct or the violation of any local, state, federal or international law or the rights of any third party;
is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
interferes with others using the Services;
contains software viruses, worms, time bombs, corrupted files, “Trojan horses” or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
disrupts, interferes or inhibits any other user from enjoying the Services or other affiliated or linked websites, material, contents, products and/or services;
uses any robot, spider, or other such programmatic or automatic device, inducing but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
creates a false identity for the purpose of misleading others;
prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
uses any NLC Energy domain name as a pseudonymous return email address;
provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Services;
reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Services or Content, use of the Services, or access to the Services;
publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;
makes derivative uses of the Services or the Content;
uses, frames, or utilizes framing techniques to enclose any portion of the Services (including the images found at the Services or any text or the layout/design of any page or form contained on a page); and/or
modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Services. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Services to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Services’ underlying technology.
Violation of these Terms may result in criminal or civil liability. NLC Energy may investigate incidents involving such violations will cooperate with law enforcement if a criminal violation is suspected.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED THEREIN, IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NLC ENERGY AND ITS OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
2. NLC ENERGY AND OUR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SERVICES ARE FREE OF INFECTION OR VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE; (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SERVICES OR SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SERVICES OR OUR SOFTWARE.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NLC ENERGY OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NLC ENERGY, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, 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 (i) THE USE OR INABILITY TO USE THE SERVICE OR THE CONTENT PROVIDED ON OR THROUGH THE SERVICES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES OR THE CONTENT ON OR AVAILABLE THROUGH THE SERVICES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SERVICES, EVEN IF NLC ENERGY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THEM.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NLC ENERGY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless NLC Energy and its subsidiaries, affiliates, officers, agents, and employees, from and against all liabilities, claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third party due to or arising out any other content you submit, post or upload to or transmit through our Services, your use of the Services, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with NLC Energy or your use of the Services.
9. TERMINATION OR SUSPENSION
You agree that we may immediately terminate or suspend your access to the Services (including any account associated with you) without notice and at our sole discretion. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities.
You agree NLC Energy shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Services.
If your status as a user of the Services is terminated, you will (i) stop using the Services and any information obtained from the Services, and (ii) destroy all copies of your account information, password and any information obtained from the Services.
10. WAIVER
NLC Energy’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
11. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, these Terms constitute the entire agreement between you and NLC Energy and govern your use of this Services, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and NLC Energy. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms shall be governed and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You agree that any legal action or proceeding between NLC Energy and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York.
12. CONTACT
If you have questions about these terms, please send an email to info@nlcenergy.com.