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Call Us Toll Free:
1.877.NOW.POTENTIA
(669.7683) |
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There are many ways to connect with Potentia Energy! Follow us on: |
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| Terms of Use |
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| Website Terms and Conditions of Use |
These Website Terms and Conditions of Use ("Terms and Conditions") relate to the website owned and operated by Potentia Energy, LLC, a Texas limited liability company. In these Terms and Conditions Potentia Energy, LLC is referred to as "Potentia Energy" "we" "our" "us". The Potentia Energy website is sometime referred to as the "Site" or the "Potentia Energy Site". We reserve the right to modify or update these Terms and Conditions from time to time without any advance notice to you.
YOU MAY NOT USE THE SITE AND MAY NOT ACCEPT THE TERMS AND CONDITIONS IF YOU ARE NOT OF LEGAL AGE (EIGHTEEN YEARS OR OLDER) TO FORM A BINDING CONTRACT WITH POTENTIA ENERGY. |
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| Consideration |
| You hereby represent to us that you are of legal age. By using the Site you hereby acknowledge that your agreement to abide by these Terms and Conditions is supported by legal consideration which, among other things, include your use of the Site, receipt of data, and access to valuable materials and information through the Site. By using the Site you represent to us that you agree to these Terms and Conditions and our Privacy Policy. If you do not agree with either these Terms and Conditions or our Privacy Policy, please discontinue any use of the Site and do not use the Site in the future unless you elect to abide by these Terms and Conditions and our Privacy Policy. |
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| Personal Information |
| As and if necessary in connection with the use of the Site, you hereby agree to provide and maintain on our records, current and accurate personal information. If you provide any information which is inaccurate or outdated, or if we have reasonable grounds to question the truthfulness of the information provided, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). You agree to promptly notify us of any unauthorized use of your username, password, other account information or personal information, or any other breach of security that you become aware of involving or relating to the Site. You agree to properly exit or log off from your account at the end of each session. YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION, AND THAT WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH LOSSES OR DAMAGES. |
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| Rules Concerning Use of Site |
| As a condition of your use of the Site, you warrant to us and agree to all of the following. You will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You will not submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Site or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information or personal information, or another person's name, likeness, voice, image or photograph. You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify. |
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| Use of Communication Services |
| To the extent any communication services are made available on the Site, you will not submit or transmit any information or material that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be an invasion of another's right to privacy; (b) is offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity rights; or (iii) any confidentiality obligation; or (f) does not comply with these Terms and Conditions. |
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| Access Rights |
| We reserve the right to terminate access to the Site and the related services or any portion thereof at any time, without notice. Accordingly, if we, in our sole discretion, determine that your access to the Site should be terminated at any time, we may do so without any notification to you or anyone else. |
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| Linked Sites |
| You may be able to link to other websites using the Site. You acknowledge and agree that such websites are not controlled by us and are not responsible for any matter arising from your visit to any such websites. We make no representations concerning the content of any websites listed on the Site or which may otherwise be linked to the Site. We are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any websites other than the Site. |
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| LIABILITY DISCLAIMER |
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THE PERFORMANCE OR RESULT THAT YOU MAY OBTAIN USING THE SITE OR THE INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE SITE. THE INFORMATION, CONTENT AND MATERIALS ON THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND INCLUDING, WITHOUT LIMITATION AS TO ANY PRESENT OR FUTURE EXISITENCE OR FUNCTIONALITY OF ANY PROCESS OR APPLICATION. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE LIABILITY FOR THE SELECTION AND USE OF THE SITE, AND WE SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO YOUR USE OF THE SITE. YOU ACKNOWLEDGE THAT THIS DISCLAIMER SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SITE OR OUR TERMINATION OF THESE TERMS OF USE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, OUR OWN NEGLIGENCE, SHALL WE, OUR LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES' RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE SITE OR CONTENT, MATERIALS OR FUNCTIONS ON THE SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SITE OR OUR TERMINATION OF THESE TERMS OF USE.
UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SITES OR OUR TERMINATION OF THESE TERMS OF USE.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER US, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE SITE AND ANY WEBSITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE IN AN ACCURATE OR TIMELY MANNER. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SITE OR OUR TERMINATION OF THESE TERMS OF USE.
WE ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, OR INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS. UNDER NO CIRCUMSTANCES WILL WE OR OUR SUPPLIERS BE LIABLE FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF THE MATERIALS ON THE SITE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE SITE OR OUR TERMINATION OF THESE TERMS OF USE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; PROVIDED, TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, OR DISCLAIMER OF LIABILITY FOR ANY MATTER HEREIN, THE SAME SHALL BE DEEMED NOT TO APPLY AS APPROPRIATE. |
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| Termination |
These Terms and Conditions shall remain in effect unless terminated by us for any reason in our sole and absolute discretion. You may terminate these Terms and Conditions at any time by discontinuing use of the Site and destroying all materials obtained from the Site, all related documentation, and all copies and installations thereof. In the event that you terminate these Terms and Conditions you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:
Potentia Energy, LLC
PO Box 530
Sugar Land, Texas 77487-0530
Attn: Alishbah Lakhani
Indemnification
You acknowledge and agree that you are responsible for maintaining the confidentiality of your username, password, and your account, as well as all activities that occur under your account. You hereby agree to indemnify, defend, and hold Potentia Energy, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified persons and entities in connection with any claim arising out of any breach by you of these Terms and Conditions or claims arising from your account. You shall use your best efforts to cooperate with us, in the defense of any claim. We reserve the right, at our expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. |
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| Governing Law |
| You acknowledge and agree that: (a) these Terms and Conditions and any and all transactions entered into using the Site shall be governed by the laws of the State of Texas without regard to its choice of law provisions; (b) any dispute or claim resulting from use of the Site or the content thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas; (c) you submit to the exclusive jurisdiction of such courts with regard to any dispute or claim between you and us; and (d) you waive any and all objections to the exclusive jurisdiction of such courts. This provision shall survive any termination of these Terms and Conditions. |
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| Severability |
| If a provision of these Terms and Conditions is held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. If necessary, the parties hereto shall be deemed to have petitioned the applicable court of competent jurisdiction to reform any illegal or unenforceable provision of these Terms and Conditions so that the same may be rendered legal and enforceable but without affecting the legality or enforceability of all other provisions. This provision shall survive any termination of these Terms and Conditions. |
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| Entire Agreement |
| These Terms and Conditions contain the entire understanding and agreement between you and us with respect to the subject matter hereof and supersedes any understandings or agreements regardless of form (written or otherwise). |
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