INTRODUCTION
These Terms of Use (the “Terms” or “this Agreement”) are a legal agreement between you and ATex Energy Consulting, LLC (the “Company”, “we”, “our”, or “us”) governing your access to and use of the Company’s website located at https://atex-energy.com (the “Site”) and any services provided on the Site including, but not limited to, any estimate tools (the “Services”).
If you are accessing the Site on behalf of a third party that has entered into a separate agreement with the Company (“Agreement”), your use of the Site will also be subject to the terms and conditions of the Agreement.
PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE DISCLAIMERS (SECTION 6), INDEMNITY (SECTION 8) AND LIMITATION OF LIABILITY (SECTION 9) PROVISIONS BELOW). THESE TERMS ALSO CONTAIN AN ELECTION TO ARBITRATE, WHICH WILL, UPON ELECTION BY YOU OR US, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT (SEE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT, SECTION 10.3). UNLESS YOU OPT OUT, IN THE EVENT OF AN ELECTION BY THE COMPANY TO ARBITRATE YOUR CLAIMS: (1) DIPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF ON AN INDIVIDUAL BASIS AND YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
BY ACCESSING THE SITE OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND THE CODE OF CONDUCT. YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE AND THE CODE OF CONDUCT. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE AND THE CODE OF CONDUCT YOU MAY NOT USE THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.
1. Privacy. The Company respects the privacy of is users. The Company collects, uses and discloses information about you in accordance with the Company’s Privacy Policy https://atex-energy.com/privacy-policy (“Privacy Policy”). You and your family's privacy are very important to us. We do not share your information except under certain circumstances as outlined in the Privacy Policy. You understand and agree that, notwithstanding any measures taken to prevent unauthorized disclosure, use of or connection to the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to confidential information. Accordingly, the Company cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over or stored in any system connected to the Internet.
2. Compliance With Terms and Code of Conduct. We may review your conduct for compliance with these Terms and our Code of Conduct However, we are not responsible for your compliance with these Terms or the Code of Conduct, or any other party’s compliance with these Terms or the Code of Conduct.
3. Review of Content and Materials. We may review your conduct and content for compliance with these Terms and our Code of Conduct. However, we have no obligation to do so. We are not responsible for your compliance with these Terms or the Code of Conduct, or any other party’s compliance with these Terms or the Code of Conduct.
4. Third Party Software and Linking. Although we may make hyperlinks of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party. the Company makes no warranty with regard to the products or websites of any other entity. The Company has no control over the content or availability of any third-party software or website. In particular, (a) the Company makes no warranty that any third-party software you download or web site you visit will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b) it is your responsibility to become familiar with any web site's privacy and other policies and terms of service, and to contact that site's webmaster or site administrator with any concerns.
5. Suspension and Termination. We reserve the right to suspend, modify, or terminate your access to and use of the Site and Services, at any time, without notice. Further, you agree that we shall not be liable to you or any third party for any termination, modification, or suspension of your access to the Site or Services.
6. Disclaimers.
6.1 THE SITE AND ALL SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
6.2 THE COMPANY DOES NOT GUARANTEE THAT THE SITE OR THE SERVICES WILL BE SECURE, UNINTERRUPTED AND OPERATE WITHOUT ERRORS OR THAT THE SITE AND THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER MALWARE. YOU AGREE THAT THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY ECONOMIC COSTS RELATING TO YOUR USE OF THE SITE OR THE SERVICES.
6.3 THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE AND THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITE, THE SERVICES AND/OR OTHER CONTENT ON THE PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
6.4 THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
7. Proprietary and Privacy Protection for Other Users’ Content on the Site. The Company hereby notifies you that all the information, content, image files, software and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You may not copy or distribute such material without the written consent of the Company.
8. Indemnity. You agree to indemnify, and hold the Company, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (a) your access to or use of the Site or the Services; (b) your violation of these Terms; (c) your violation of any third party right, including without limitation any intellectual property right or any publicity, confidentiality, property or privacy right; (d) any claim that your use of the Site or the Services caused damage to a third party, or (e) any incorrect or fraudulent statements or information you provide in connection with the Site or the Services.
9. Limitations on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR THE COMPANY’S FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THIS LIMITATION APPLIES REGARDLESS OF WHETHER OR NOT THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, AFFILIATES, SUPPLIERS OR DISTRIBUTORS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE TO YOU FOR ANY REASON IF YOU KNOWINGLY ALLOW SOMEONE TO CREATE A PROFILE FOR YOU ON THEIR ACCOUNT.
ADDITIONALLY, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, AFFILIATES, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF TWENTY DOLLARS ($20) OR THE AMOUNTS PAID BY YOU TO THE COMPANY FOR THE PAST TWELVE (12) MONTHS OF THE SERVICES IN QUESTION.
10. General.
10.1 Modification. The Company may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Site or Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, do not access or use the Site or Services.
10.2 Applicable Law. These Terms shall be governed by the laws of the State of Texas without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.
10.3 Dispute Resolution and Arbitration Agreement. If you believe that the Company has not adhered to these Terms, please contact us by e-mail at privacy@atex-energy.com and we will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
IF YOU AND THE COMPANY ARE UNABLE TO REACH A RESOLUTION TO THE DISPUTE, YOU AND THE COMPANY AGREE THAT EITHER YOU OR THE COMPANY MAY ELECT TO SETTLE THE DISPUTE EXCLUSIVELY UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (WWW.ADR.ORG) AT ITS HOUSTON, TEXAS OFFICE (THE “ARBITRATION AGREEMENT”). ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND THE COMPANY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN THE COMPANY AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND THE COMPANY OTHERWISE AGREE IN WRITING, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THE SERVICES OR THESE TERMS MUST BE BROUGHT, IF AT ALL, WITHIN ONE YEAR FROM THE ACCRUAL OF THE CLAIM OR CAUSE OF ACTION OR BE FOREVER BARRED.
You may opt out of this Arbitration Agreement. If you do, neither you nor the Company can require the other to participate in arbitration proceedings. To opt out, you must notify the Company in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
Mailing Address:
ATex Energy Consulting, LLC
ATTN: Arbitration Opt-out
66 Valeria Ridge Dr
Spring, TX 77389
You must include your name and residence address, the email address and a clear statement that you want to opt out of the arbitration agreement.
10.4 Contact. The Company is located in Sprint, Texas. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to the Administrator as follows:
By E-mail: privacy@atex-energy.com
By Postal Mail: ATex Energy Consulting, LLC
66 Valeria Ridge Dr
Spring, TX 77389
10.5 Entire Agreement. These Terms, along with any other applicable agreement referenced herein, constitutes the entire agreement between you and the Company and govern your use of the Site and Services, superseding any prior agreements between you and the Company. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and the Company nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
CODE OF CONDUCT
This Code of Conduct is a part of the Terms of Use governing your access to, and use of, the Site provided by the Company. Capitalized terms used but not disclosed in this Code of Conduct have the meaning provided in the Terms of Use.
You agree not to misuse the Site or help or encourage any other party to misuse the Site. For example, and without limitation, you may not:
interfere or disrupt on the Site or any other computer network;
breach or otherwise circumvent any security or authentication measures;
adapt, modify or reverse engineer any portion of the Services or the Site;
use any spider, robot, retrieval application, or any other device to retrieve any portion of the Site;
disseminate, store or transmit viruses, worms, Trojan horses or other malicious code or program;
violate any applicable federal, state, local or international law or regulation;
invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent;
submit false or misleading information to the Company or other users;
engage in any other activity deemed by the Company to be in conflict with the spirit of the Terms, the Privacy Policy or this Code of Conduct; or
attempt to do any of the foregoing or encourage or enable any third party to do any of the foregoing.