energyfolks Terms of Use

energyfolks operates the energyfolks.com website ("Site"). You may only use the Site pursuant to the following terms and conditions, which you accept by your use of the Site. Use of the Site is subject to additional terms and conditions defined by energyfolks content providers ("Licensors") as stipulated on applicable pages of the Site, which you accept by your use of the Site. energyfolks reserves the right to modify or revise these Terms of Use and/or Privacy Statement or its other policies at any time at its sole discretion. Any such modifications to the Terms of Use and Privacy Statement shall be effective immediately unless otherwise stated by energyfolks. You are bound by such modifications or revisions, and should therefore visit this page frequently to review the terms. Your continued use of the Site following energyfolks’s posting of any changes or modifications to these Terms of Use and/or Privacy Statement will constitute your acceptance of such changes or modifications. In the event that you do not agree to any changes or modifications of these Terms of Use and/or Privacy Statement, you should not continue to use the Site.

LICENSE AND SITE ACCESS

energyfolks grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes. This license does not include and strictly prohibits: any resale of the Site or its contents. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of energyfolks. Any unauthorized use shall immediately terminate the licenses and rights granted by energyfolks and any Licensors hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray energyfolks, its subsidiaries, affiliates, Licensors, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any energyfolks, Licensor, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of energyfolks, the subsidiary, affiliate, co-brand partner or other partner or Licensor (as applicable). You are granted a limited, revocable, and nonexclusive right to embed energyfolks content onto publicly accessible pages on a third-party site using the authorized energyfolks tools found at https://www.energyfolks.com/developer.

energyfolks does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within energyfolks’s control.

CONTENT

energyfolks does not warrant that third-party descriptions, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by energyfolks of any product, merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. energyfolks assumes no liability for inaccuracy or incompleteness in its search results, editorial content, user ratings or other content on the Site.

USER-SUBMITTED CONTENT

A energyfolks account allows a user to save and personalize energyfolks content, and post ratings and reviews for third-parties. Users agree to take full responsibility for any and all activity that occurs under the account user name. energyfolks reserves the right to, at its sole discretion, terminate user accounts, remove comments and ratings, or take any other action that energyfolks believes is appropriate, including for alleged violations of terms of service or legal rights. energyfolks reserves the right to modify or remove comments and reviews including, but not limited to, the following prohibited content:

• Threatening, harassing, defamatory, or libelous material
• Offensive, harmful and/or abusive language, including sexually explicit language and hate speech
• Intentionally false or misleading statements
• Plagiarized material or material that infringes copyright
• Irrelevant material or comments that do not pertain to the subject
• Reviews submitted by employees of the reviewed third-party
• Personal information or messages including email addresses, phone numbers and postal addresses.
• Illegal content that violates any federal, state, or local law

energyfolks is not responsible for the content of user comments. User generated content does not reflect the views of energyfolks.

With the exception of personal information (defined as any and all information supplied by the user at https://www.energyfolks.com/accounts/Profile), users grant to energyfolks the perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, market, adapt, translate, transmit, modify, sub-license, share, make available to any person or otherwise use, any information or other content users review or rate through this Site or which is sent to energyfolks by e-mail or other correspondence, including any ideas, concepts, inventions, techniques or intellectual property contained therein, for any purpose whatsoever. The Site shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Site in writing or required by law. Users represent and warrant that they have the right to grant the license set out above.

DIGITAL MILLENIUM COPYRIGHT ACT

EnergyFolks complies with the provisions of the Digital Millennium Copyright Act (DMCA). If you have a concern regarding the use of copyrighted material on any site on the energyfolks.com network, please contact the agent designated to respond to reports alleging copyright infringement.

The designated agent for EnergyFolks to receive notification of claimed infringement under Title II of the DMCA is:
Brentan Alexander
6437 Buena Ventura Ave.
Oakland, CA 94605
(754) 273-6826
contact@energyfolks.com

The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:

• A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
• A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• A description of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

OTHER BUSINESSES AND LINKS TO OTHER SITES

energyfolks may provide links to the sites of third-parties, affiliated companies, co-brand partners and other parties. These links are provided solely as a convenience to you, and do not constitute an endorsement by energyfolks of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. energyfolks is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their web sites.

energyfolks has no control over the business practices of any third-parties, nor does it control in any way the quality, safety or legality of any item listed on the Site or any business transaction that occurs as a result of posts listed on the Site. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A THIRD-PARTY LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE energyfolks, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH energyfolks AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY energyfolks ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, energyfolks MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, energyfolks SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. energyfolks DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF energyfolks'S CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, energyfolks DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, energyfolks MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE SITE OR BOUGHT AND/OR SOLD USING THE SITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM energyfolks ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, energyfolks WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH energyfolks'S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold energyfolks, its subsidiaries, affiliates, co-brand partners, and other parties with which energyfolks is under contract, and their respective officers, directors, employees and agents free and harmless from and against any claims, actions and demands, including, without limitation, any legal and accounting fees resulting from your use of the Site and/or your breach of the Terms of Use and Privacy Statement, and/or resulting from any and all content you submit to energyfolks and/or the Site. energyfolks shall provide notice to you of any such claim, suit or proceeding.

GOVERNING LAW

These Terms of Use and Privacy Statement will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in California, California USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in California and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in California. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in California with knowledge of Internet commerce in California and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.

GENERAL

If any provision of these Terms of Use and Privacy Statement or the Member Agreement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure of energyfolks to act with respect to a breach by you or others does not waive the right of energyfolks to act with respect to subsequent or similar breaches. You agree that these Terms of Use and Privacy Statement and the Member Agreement and all agreements and notices incorporated herein may be automatically assigned by energyfolks, in the sole discretion of energyfolks, to a third party. You may not assign your obligations to any other entity.