Indeck Energy Terms of Use Agreement

This document was last updated on February 9, 2010


READ THIS TERMS OF USE AGREEMENT BEFORE ACCESSING WEBSITE

This Terms of Use Agreement sets forth the standards of use of the Indeck Energy Services, Inc. Online Service. By using the indeckpellets.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at www.indeckpellets.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.


DESCRIPTION OF SERVICE

Indeck Energy Services, Inc. is providing Member with information about premium wood pellets and where to purchase them. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.


DISCLAIMER OF WARRANTIES

The site is provided by Indeck Energy Services, Inc. on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Indeck Energy Services, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Indeck Energy Services, Inc. shall have no liability for any interruptions in the use of this Website. Indeck Energy Services, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.


LIMITATION OF LIABILITY

Indeck Energy Services, Inc. shall not be liable for any damages whatsoever, and in particular Indeck Energy Services, Inc. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Indeck Energy Services, Inc. has been advised of the possibility of such damages, some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.


INDEMNIFICATION

Member agrees to indemnify and hold Indeck Energy Services, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.


MODIFICATIONS AND INTERRUPTION TO SERVICE

Indeck Energy Services, Inc. reserves the right to modify or discontinue the Service with or without notice to the Member. Indeck Energy Services, Inc. shall not be liable to Member or any third party should Indeck Energy Services, Inc. exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Indeck Energy Services, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.


GOVERNING JURISDICTION OF THE COURTS (ILLINOIS)

Our website is operated and provided in the State of Illinois. As such, we are subject to the laws of the State Illinois, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Illinois.


COMPLIANCE WITH LAWS

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.


COPYRIGHT AND TRADEMARK INFORMATION

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2014 Indeck Energy Services, Inc., with all rights reserved, or is the property of Indeck Energy Services, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Indeck Energy Services, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Indeck Energy Services, Inc.

Indeck Energy and www.indeckpellets.com are proprietary marks of Indeck Energy Services, Inc. Indeck Energy Services, Inc.'s trademarks may not be used in connection with any product or service that is not provided by Indeck Energy Services, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Indeck Energy Services, Inc.


NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act www.indeckpellets.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement: .


OTHER TERMS

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Indeck Energy Services, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].

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