We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed.
2. SITE CONTENTS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Xnergy LLC, and its subsidiaries and/or affiliates ("Xnergy"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Xnergy.
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
3. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, registration information and other submissions disclosed, submitted or offered to Xnergy on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain Xnergy property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Xnergy of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Xnergy will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Xnergy is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You agree that Xnergy may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site registration, promotions, and/or requesting promotional information or updates, you agree that Xnergy may use your information for marketing purposes.
4. XNERGY'S COMMUNICATIONS TO YOU
You agree that Xnergy may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Xnergy's products or services, or for such other purpose(s) as Xnergy deems appropriate.
5. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which Xnergy does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Xnergy is not liable for any damages you incur from your use of such links.
Xnergy shall have the right, but not the obligation, to monitor the content of the Site, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Xnergy shall have the right to remove any material that Xnergy, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
7. DISCLAIMER, LIMITATION OF LIABILITY, AND INDEMNITY
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect.
10. APPLICABLE LAW
This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Los Angeles, California.