TERMS OF USE

DATE OF LAST REVISION: JANUARY 1, 2021

PLEASE READ THESE WEBSITE TERMS OF USE (“SITE TERMS”) AND OUR PRIVACY POLICY  CAREFULLY BECAUSE THEY GOVERN YOUR USE OF OUR SITES (AS DEFINED BELOW). BY ACCESSING OR USING THE SITES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITES. IF YOU ARE ACCESSING AND USING THE SITES ON BEHALF OF A COMPANY (SUCH AS YOUR EMPLOYER) OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IN THAT CASE, “YOU” AND “YOUR” WILL REFER TO THAT ENTITY.

These Site Terms govern your access to, and use of, the websites offered by Last Energy, Inc. and/or its affiliates (collectively, “Last Energy”, “we”, “us”, or “our”), including the content, features, materials, software and related documentation, and services available on such websites (each a “Site” and collectively the “Sites”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Last Energy, or its subsidiaries or affiliates, for products, services or otherwise.

Additional terms and conditions may apply to your use of certain portions of the Sites, your use of services offered through the Sites, or your purchase of products through the Sites (collectively, “Additional Terms”). These Additional terms will be made available with the relevant Sites, whether posted directly on the Site or presented as a separate set of terms at the time of purchase, download, access, browsing, or use of the Sites. If there is a conflict between these Site Terms and any Additional Terms, the applicable Additional Terms shall control with respect to your use of such portions of the Sites, your use of such services, or your purchase of such products.

 

CHANGES

Last Energy may change or modify these Site Terms at any time. Your continued use of the Sites will constitute your acceptance of any changes to these Site Terms. It is your responsibility to review these Site Terms from time to time — it’s important you understand the terms and conditions that apply to your use of the Sites.

 

SITE MATERIALS

The Sites and all content and other materials on the Sites — including, without limitation, Last Energy’s name, trademarks, logos, taglines, product names, and service names, and all artwork, designs, text, graphics, pictures, information, data, software, sound files, page headers, button icons, scripts and other files, and the selection, arrangement, and “look and feel” thereof (collectively, the “Site Materials”) — are the property of Last Energy or its licensors and are protected by U.S. and international trademark, trade dress, copyright, patent and other intellectual property and unfair competition laws.

 

YOUR USE OF THE SITES AND SITE MATERIALS

Your right to access and use the Sites is subject at all times to these Site Terms and is solely for your informational, non-commercial (except as related to business with Last Energy) and personal use. For certain features of the Sites you may need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re fully responsible for all activities that occur under your account.

You agree not to do any of the following (directly or indirectly): (a) resell or otherwise make commercial use of the Sites or the Site Materials; (b) collect or use any images, descriptions, or other content included in the Site Materials, or any portion thereof; (c) copy, imitate, distribute, publicly perform, or publicly display any Site Materials; (d) modify or otherwise make any derivative uses of the Sites or the Site Materials, or any portion thereof; (e) use data mining, robots or similar data gathering or extraction methods on any of the Sites; (f) perform, or release or disclose the results of, any benchmark testing or vulnerability assessments of the Sites; (g) introduce into the Sites any viruses, trojan horses, malware, spyware, adware or other disruptive software, or any software code, which is designed to disrupt, damage, or perform unauthorized actions on a computer system; (h) remove or alter any proprietary notices or labels on or in the Sites or Site Materials; (i) decompile, disassemble, or otherwise reverse engineer the Sites (except as and only to the extent any foregoing restriction is prohibited by applicable law); (j) use the Sites or Site Materials to directly or indirectly develop any product or service that competes with the Sites; (k) download (other than page caching) any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; (l) use any means to circumvent any functionality that controls access to or otherwise protects the Sites; or (m) use the Sites or the Site Materials other than for their intended purpose.

You further agree not to use the Sites or the Site Materials in any manner to harass, abuse, stalk, threaten, defame, infringe, or otherwise violate the rights of any other party, or to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable. You agree that Last Energy is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Sites. You agree that you will not intentionally or unintentionally violate any applicable law in connection with your use of the Sites. 

Any use of the Sites or the Site Materials other than as specifically authorized herein, without Last Energy’s prior written permission in each instance, is strictly prohibited. Such unauthorized use may violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

 

HYPERLINKS TO THE SITES

You may create text hyperlinks to the Sites for noncommercial purposes or in connection with any news or media related to Last Energy, provided such links do not, directly or indirectly, (a) portray Last Energy or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner; or (b) contain any adult or illegal material, or any material that is offensive, harassing or otherwise objectionable.

 

THIRD PARTY PRODUCTS AND SERVICES

Last Energy may provide or allow you to access third-party content on the Sites, run third parties’ advertisements or promotions on the Sites, or otherwise provide information about or links to third party websites and other third-party content, products or services on the Sites (collectively, “Third-Party Products and Services”). Last Energy does so only as a convenience, and does not control, endorse or make any representations or warranties regarding any Third-Party Products and Services, including, without limitation, regarding the accuracy, efficacy, safety, or completeness thereof. You acknowledge sole responsibility for, and assume all risk arising from, your use of any Third-Party Products and Services. Last Energy is not responsible or liable in any manner for any such Third-Party Products and Services, or for any loss or damage you may incur as the result of your use of such Third-Party Products and Services.

 

WARRANTY DISCLAIMER

THE SITES AND THE SITE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. LAST ENERGY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES AND THE SITE MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INTERFERENCE, SYSTEM INTEGRATION, OR ACCURACY. LAST ENERGY DOES NOT WARRANT THAT YOUR USE OF THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. LAST ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE SITES. YOUR SOLE REMEDY AGAINST LAST ENERGY OR ITS LICENSORS FOR DISSATISFACTION WITH THE SITES OR FOR ANY DAMAGE CAUSED BY THE SITES IS TO STOP USING THE SITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATIONS OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN FULL TO YOU.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL LAST ENERGY, ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY OF THE SITES OR SITE MATERIALS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, 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 YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM LAST ENERGY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO LAST ENERGY’S RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF LAST ENERGY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE SITE TERMS OR YOUR USE OF OR INABILITY TO USE THE SITES OR THE SITE MATERIALS, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO LAST ENERGY FOR ACCESS TO OR USE OF THE SITES OR SITE MATERIALS.

 

APPLICABLE LAW AND VENUE

These Site Terms and your use of the Sites and Site Materials will be governed by the laws of the State of Delaware, without giving effect to any conflict of laws principles that would require the application of the laws of a different country or state. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Delaware and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

TERMINATION

Last Energy reserves the right, without notice and in its sole discretion, to terminate, suspend or disable your access to the Sites or the Site Materials. Last Energy also reserves the right, at any time, to modify the Sites or the Site Materials, or any portion thereof. You agree that Last Energy won’t be liable to you or to any third party for any termination, modification, suspension, or discontinuance of the Sites, the Site Materials, or any portion thereof. Upon any termination, discontinuation or cancellation of your account or your Site access, the following sections will survive: Warranty Disclaimers, Limitation of Liability, Applicable Law and Venue, Termination and General Provisions.

 

GENERAL PROVISIONS

You agree you will comply with all applicable laws in connection with your access to and use of the Sites and the Site Materials. You shall not, without prior U.S. government authorization, export, re-export, or transfer the Sites, the Site Materials or any other Last Energy products, services or technology, either directly or indirectly, in violation of applicable laws and regulations. These Site Terms are personal to you, and you may not assign or delegate your rights and/or duties under these Site Terms to anyone else and any attempt by you to assign or delegate these Site Terms is void. Last Energy may freely transfer these Site Terms without restriction. You agree that a breach or threatened breach of these Site Terms may cause Last Energy to suffer irreparable harm and that Last Energy will therefore be entitled to seek injunctive or other equitable relief to enforce these Site Terms. Last Energy’s delay or failure to exercise or enforce any right or provision of these Site Terms will not constitute a waiver of such right or provision. No waiver by Last Energy will have effect unless such waiver is in writing, and signed by Last Energy. No waiver of any breach or default in one instance will constitute a waiver of any subsequent breach or default. If for any reason a court of competent jurisdiction finds any provision of these Site Terms to be unenforceable, the provision of these Site Terms will be enforced to the maximum extent permissible and the remainder of these Site Terms will continue in full force and effect. These Site Terms constitute the entire agreement between you and Last Energy with regard to your access to and use of the Sites and Site Materials.

 

CONTACT INFORMATION

If you have any questions about these Site Terms, please contact us at contact@lastenergy.com.