Terms Of Service

TERMS OF SERVICE

By using the DailyEnergyReport.com (the “Site”), you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to services that we make available to you through the Site (all of which are deemed part of these Terms of Service).  Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time.  By continuing to use the Site after we post any such changes, you accept these Terms of Service, as modified.  We reserve the right to deny access to the Site, or any service provided via the Site, to anyone who violates these Terms of Service or who, in our judgment, interferes with the ability of others to enjoy the Site, or infringes the rights of others.

PRIVACY

We respect the privacy of the users of our Site.  Please take a moment to review our Privacy Policy.

RIGHTS AND RESTRICTIONS RELTAING TO SITE CONTENT

Our Limited License to You: All materials available through the Site are the property of us and our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws.  The Site is provided solely for your personnel, noncommercial use.  You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.  You may not otherwise reproduce any of the materials without prior written consent of the Site owner.  Specifically, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without prior written consent of the Site owner.  You may, however, occasionally, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.  For information about requesting permission to reproduce or distribute materials from the Site, please contact us at contact@dailyenergyreport.com.

Your License to Us: By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express written consent of the owner.  By submitting material to any public posting areas of this website, such as any message boards or forums, you agree that such material is provided to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we (including our affiliates and service providers) may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose.  Without limiting the generality of the previous sentence, you agree that we (as defined above) may distribute, share or otherwise provide such material under any terms we see fit to any user(s) of this website or any users of any affiliate or service provider services, without the requirement of providing you any form of compensation.  You also agree that we, including our affiliates and service providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate.

Limitations on Linking and Framing: You are free to establish a hypertext link to this Site so long as the link does not state or imply any sponsorship of your website or service by us or this Site.  Without our prior written permission, you may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property.  Requests for permission to frame our content or in-line link to our website may be sent to contact@dailyenergyreport.com.

Notice of Copyright Infringement:  If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Site, please send a notice by U.S. Mail to The Daily Energy Report, Attn: Copyright Agent, 9570 Marsh Cove Court, Atlanta, Georgia 30350.  Please include the following information in your written notice:  (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.  Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.

RESPONSIBILITY FOR USER-PROVIDED CONTENT

This Site may include a variety of features, such as discussion forums, blogs, email services and social networking features that allow feedback to us and allow users to interact with each other on the Site and post content and materials for display on the Site.  By accessing and using any such features, you represent and agree:  (1) that you are the owner of any material you post or submit, or are making your posting or submission with the express consent of the owner of the material; (2) that you are making your posting or submission with the express written consent of anyone pictured in any material you post or submit, (3) that you are 13 years of age or older; (4) that the materials will not violate the rights of, or cause injury to, any person or entity; and (5) that you will indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, employees, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials displayed on or submitted via the Site by you or by others using your username and password.

Although we do not and cannot review every message posted by you in any such feature, and we are not responsible for the content of these messages, we reserve the right (but assume no obligation) to delete, move, or edit messages that it, in our sole discretion, we deem abusive, defamatory, obscene, in violation of these Terms of Service, copyright or trademark laws, or otherwise unacceptable.  We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Specific Prohibited Uses: Without limiting the foregoing, we may immediately terminate your use of any such feature if you engage in any of the following prohibited activities:

  • Posting content that is libelous, defamatory, obscene (including profanity), abusive (including racial, ethnic, or sexual slurs), that violates a third party’s right to privacy, that otherwise violates any applicable local, state, national or international law, or that is otherwise inappropriate;
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any such feature;
  • Posting any content that you do not have a right to make available under any law;
  • Posting any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • Posting any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without the express written approval from the Site owner;
  • Gathering for the purpose of “spamming” any email addresses that users post in our chat rooms, forums and other public posting areas;
  • Posting any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
  • Interfering with or disrupting any servers or networks used to provide any such feature, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide any such feature;
  • Collecting or storing personal data about other users;
  • Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or
  • Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.

DISCLAIMERS

We provide the material available through the Site for informational purposes only. You may only use the material and the services available through the Site for your personal and non-commercial use.  We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a contributing writer, or from a member of our staff.  We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link.  A link to another website does not constitute our endorsement of that site (nor of any product, service or other material offered on that site).

You must provide and are solely responsible for all hardware and/or software necessary to access the Site.  You agree that you are solely responsible for the screening the e-mail messages and attachments sent from the Site, for viruses, worms, and other harmful components. You also agree to assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, hardware and/or software used to access the site.

USE OF THE SITE IS AT YOUR OWN RISK.  THE SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”  NIETHER WE, NOR ANY OF OUR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE.  NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATIONS ON LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, OR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE OR ANY SERVICE AVAILABLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.  (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.  IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

INDEMNITY

You agree to indemnify, defend and hold harmless us and our affiliates, licensors, officers, directors, employees, contractors and agents harmless from any and all claims that may arise from your use of any free email service available through this website.

MISCELLANEOUS

Registration: Registration is not required to view all content on the Site.  However, you must register to post comments and obtain access to certain services.  When registering, you represent and agree:  (1) that you are 13 years of age or older; (2) that the information you supply during registration is accurate and complete; and (3) that you are not registering, nor attempting to register, under the name of another person.  We reserve the right to reject or terminate any username that, in our judgment, we deem offensive. You are responsible for preserving the confidentiality of your password and will notify us at contact@dailyenergyreport.com of any known or suspected unauthorized use of your account.

Suspension and Termination of Access: You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice.  You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site.  In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.

Modification or Discontinuation of the Site: We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice.  You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.

Severability: If for any reason any provision of this agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this agreement shall continue in full force and effect.

Choice of Law: In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service will govern.  This agreement has been made in and shall be construed in accordance with the laws of the State of Georgia.  By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this agreement or the Site.

DailyEnergyReport.com

9570 Marsh Cove Court

Atlanta, GA 30350

 

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