Terms and Conditions
DEFINITIONS
2. The Services and accounts
2.1. The Services: These terms of service are a binding legal agreement between you and Energy and Living, Inc that set out the terms on which you can make use of any of the Services. You may not use any of the Services without agreeing to these terms. We only provide the Services subject to these terms of service.
2.2. Who can use the Services: The Membership Profile and Services are available only to licensed insurance agents, for professional use. You are not permitted to use these Services as a consumer. Any use you make of the Services as a consumer is an incurable, material breach of these terms of service.
2.3. Using the Energyandliving.org without requiring a Paid Membership: We may make the Website and/or the Mobile App available for limited use without requiring you to purchase a Paid Membership. We may change the features that are available on the Website or in the Mobile App or otherwise to unregistered users at any time. We may also remove your access to any of our Services at any time if you do not pay for a Paid Membership.
2.4. Creating an account: To have access to Paid Membership Account and content, you are required to create an account (either directly or via an administration User). Each User login credential is individual to that User only and cannot be used by anybody else. You are responsible for ensuring that any user IDs and passwords required for you to use Services are kept safe and confidential. You will promptly notify us upon discovery if the security of a user ID or password is, or may be, compromised.
3. Using the Services
3.1. Responsibility: You: (a) are responsible for your use of the Services; (b) are responsible for your compliance with these terms of service; (c) will comply with our rules on communicating with other users on Energyandliving.org. and (d) will comply with Identification Verification, Rating and Review protocols, and other usage rules and procedures set by us.
3.2. User protection
You will not: (a) knowingly display, distribute, or otherwise make available any data from the Energyandliving.org to any person or entity that you reasonably believe will use the data in any manner that would have the potential to be inconsistent with any individual’s reasonable expectations of privacy; (b) conduct any research or analysis that isolates a small group of individuals or any single individual for unlawful, illegal or discriminatory purposes; (c) use the Energyandliving.org to target, segment, or profile any individual based on health, negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by Applicable Law; or (d) without our prior written consent, display, distribute, or otherwise make the Energyandliving.org or any data within it available to any member of other Businesses, the intelligence community or any other government or public sector entity.
3.3. Restrictions:
You will not: (a) sell, resell, license, sublicense, distribute, or otherwise make the Services (including any data within the Services) available to anybody other than yourself, without our prior written consent in each instance; (b) subject to Applicable Law, attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form any part of the Services; (c) use the Services to violate Applicable Law, including Applicable Law about data protection, privacy, or information security; (d) communicate any material which is obscene, defamatory, offensive, or abusive via the Services; or (e) purposefully, recklessly or negligently interfere with or disrupt the integrity or performance of the Services, including spamming, hacking, purposefully violating or circumventing our API rate limits, or similar activities.
4. Our responsibilities
4.1. Warranties: We warrant that during the Term: (a) we will provide the Services with reasonable skill and care; (b) that the Energyandliving.org and Mobile App, when properly used on an operating system for which it was designed; (c) that the Website correctly describes the operation of the Energyandliving.org in all material respects; and (d) that we will have all licenses and permissions necessary to perform our obligations under these terms of service.
5. Subscription, Trial Period, Fees, payment, and taxes
5.1. Subscription: By selecting a Subscription Plan, you are making an offer to us to purchase the Services for the Term. Every subscription automatically renews at the end of the Initial Term or Renewal Term for the period equal to the Initial Term or Renewal Term unless you or we notify the other party in writing at least 10 days prior to the end of the Initial Term or Renewal Term of the intention not to renew the subscription.
5.2. Trial Period: At the end of the Trial Period (if any) of the Subscription or Mobile App, the subscription will automatically continue for the Term unless you have provided us written notice, before the end of the Trial Period, that you do not intend to continue with the Subscription beyond the Trial Period.
5.3. Fees: All Fees must be paid in the currency identified in the Subscription Plan and that you purchase. The Fees are non-cancellable and non-refundable, subject to Applicable Law. We may increase the Fees for any Renewal Term if we provide you with at least 30 days’ written notice of the increase. generated on our website for you are non-refundable, and charged at the time you submit a payment . Prepaid and unused are refundable anytime within one year from time of purchase or time you cancel membership whichever comes first.
5.4. Electronic payment: You must provide us with electronic payment details in the format we require in order to use the Services. By providing your credit or debit card details to us in advance of any Fees being due, you authorize us to bill your credit or debit card on: (a) if you have a trial of the Subscription that you do not cancel, the first date after the end of the Trial Period; (b) in all other circumstances, before you use the Services. We also make clear that you are giving us your authority to do this when we take your credit/debit card details.
5.5. Taxes: The Fees are exclusive of legally applicable taxes, levies, duties or similar governmental assessments, including goods and services, value-added, and sales taxes (collectively, “Taxes”). If we are legally required to pay or collect Taxes for which you are responsible, we (or a third party) will invoice you and you will pay that amount unless you provide us (or a third party) with a valid tax exemption certificate by the appropriate taxing authority.
6. Intellectual Property
6.1. Our intellectual property rights: We, or our licensors, own all intellectual property rights in the Services. Except as expressly stated otherwise in these terms of service, no one is granted any rights to or interest of any kind in our intellectual property rights.
6.2 License to use your feedback: You agree to grant to us a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by you arising out of your use of the Services. You also agree to waive all moral rights in such feedback.
7. Suspension and termination
7.1. Suspension: If you use (or anyone other than you, with your permission, uses) the Services in violation of these terms of service, we may suspend your use of the Services (in whole or in part). If we suspend the Services, we may refuse to restore the Services until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of these terms of service.
7.2. Mutual termination: A party may terminate these terms of service by written notice to the other party at any time if: (a) the other party is in material breach which is not remediable; (b) the other party is in material breach which is remediable and the breach is not remedied within 30 days of being notified in writing of the breach; or (c) the other party begins bankruptcy proceedings or becomes the subject of a petition in liquidation or any other proceeding relating to insolvency, liquidation, or assignment for the benefit of creditors or, in relation to you, any analogous event in any relevant jurisdiction.
7.3. Accrued rights and liabilities and survival: Termination of these terms of service, however arising, does not affect the accrued rights and liabilities of the parties as at termination. All clauses of these terms of service that need to survive termination in order to give effect to them, survive termination.
7.4. Paid Subscription Cancellation: You as the user of our Services can cancel your Paid Subscription at any time without a cancellation fee or penalty. There is no pro-rated amount of refund issued for remainder of the current month upon cancellation if you are on a monthly payment plan. You are responsible for Fees for the current month. If you are on annual payment plan, you will receive a pro-rated Subscription refund for the remaining unused Months, and not Days. Termination of these terms of service, however arising, does not affect the accrued rights and liabilities of the parties as at termination. All clauses of these terms of service that need to survive termination in order to give effect to them, survive termination.
8. EXCLUSIONS AND LIMITATIONS OF LIABILITY
8.1. What the parties are always liable for: Nothing in these terms of service excludes or limits a party’s liability for any liability that cannot be excluded or limited under Applicable Law (including fraud).
8.2. Losses a party is never liable for: Subject to section 1, each party excludes all liability, whether in tort (including for negligence), breach of statutory duty, contract, misrepresentation, restitution, or otherwise, direct or indirect or otherwise, whether foreseeable, known, foreseen, or otherwise, however arising, for any: (a) loss of revenue or profits (of any kind); (b) loss of goodwill; (c) loss of business; (d) losses suffered on third party websites or applications; or (e) special, indirect, or consequential loss, costs, damages, charges, or expenses.
8.3. Other important exclusions of loss: Subject to section 1 and 8.1, we make and give no warranties or representations: (a) that Energyandliving.org and our Mobile App will always be available or use of them will be uninterrupted; (b) that we will have any specific types of data or that you may be able to access your historical usage data, , and third-party applications via the Services; or (c) that the Services will provide you with any particular insight. Other than as set out expressly elsewhere in these terms of service, we exclude all other warranties, conditions, representations, or other terms (whether express or implied), subject to Applicable Law.
8.4. Liability cap: Subject always to sections 1, 8.2, 8.3 and 9.9, our total liability arising out of the Services or these terms of service, however arising, will under no circumstances exceed in aggregate, the greater of: (a) US Dollar $1000 or (b) 100% of the total amount of Fees paid or payable for the Services under these terms of service for the 12 months immediately preceding the date any first claim arose.
9. GENERAL
9.1. Privacy: We collect and process User data in accordance with our Privacy Statement.
9.2. Rules of interpretation: (a) The words “include” and “including” are deemed to have the words “without limitation” following them; (b) references to the singular include the plural and vice versa; and (c) references to “will” are to be construed as having the same meaning as “shall”.
9.3. Force Majeure: Neither party is liable for a breach caused by an event beyond its reasonable control, including a natural disaster, disease outbreak, war, riot, terrorist action, civil commotion, malicious damage, government action, industrial action or dispute, fire, flood, storm, or failure of third party telecommunications services.
9.4. Publicity: We will not disclose that you are a customer without your prior written consent.
9.5. Invalidity: If any term of these terms of service is found invalid, illegal or unenforceable, the rest of these terms of service remain in effect.
9.6. No waiver: Either party’s delay or failure to enforce a term of these terms of service is not a waiver of that right and does not prevent that party from later enforcing that term or any other term.