The words of which the initial letter is capitalized have
meanings defined under the following conditions. The following
definitions shall have the same meaning regardless of whether
they appear in singular or in plural.
For the purposes of these Terms and Conditions:
-
Affiliate means an entity that controls, is
controlled by or is under common control with a party, where
"control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election
of directors or other managing authority.
-
Country refers to: District Of Columbia, United
States
-
Company (referred to as either "the Company",
"We", "Us" or "Our" in this Agreement) refers to BTR Energy,
LLC, 1015 15th Street NW, Suite 1025 Washington, DC.
-
Device means any device that can access the
Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website.
-
Terms and Conditions (also referred as "Terms")
mean these Terms and Conditions that form the entire agreement
between You and the Company regarding the use of the Service.
-
Third-party Social Media Service means any
services or content (including data, information, products
or services) provided by a third-party that may be displayed,
included or made available by the Service.
-
Website refers to BTR Energy, accessible from
www.btr.energy
-
You means the individual accessing or using
the Service, or the company, or other legal entity on behalf
of which such individual is accessing or using the Service,
as applicable.
These are the Terms and Conditions governing the use of this
Service and the agreement that operates between You and the
Company. These Terms and Conditions set out the rights and
obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance
of and compliance with these Terms and Conditions. These Terms and
Conditions apply to all visitors, users and others who access or use
the Service.
By accessing or using the Service You agree to be bound by these Terms
and Conditions. If You disagree with any part of these Terms and Conditions
then You may not access the Service.
You represent that you are over the age of 18. The Company does not
permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance
of and compliance with the Privacy Policy of the Company. Our Privacy
Policy describes Our policies and procedures on the collection, use
and disclosure of Your personal information when You use the Application
or the Website and tells You about Your privacy rights and how the
law protects You. Please read Our Privacy Policy carefully before using
Our Service.
The Service and its original content (excluding Content provided
by You or other users), features and functionality are and will
remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of
both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any
product or service without the prior written consent of the Company.
Our Service may contain links to third-party web sites or services
that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party web
sites or services. You further acknowledge and agree that the Company
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
the use of or reliance on any such content, goods or services available
on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy
policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior
notice or liability, for any reason whatsoever, including without
limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire
liability of the Company and any of its suppliers under any
provision of this Terms and Your exclusive remedy for all of the
foregoing shall be limited to the amount actually paid by You
through the Service or 100 USD if You haven't purchased anything
through the Service.
To the maximum extent permitted by applicable law, in no event shall
the Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not limited
to, damages for loss of profits, loss of data or other information,
for business interruption, for personal injury, loss of privacy arising
out of or in any way related to the use of or inability to use the
Service, third-party software and/or third-party hardware used with
the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its essential
purpose.
Some states do not allow the exclusion of implied warranties or limitation
of liability for incidental or consequential damages, which means that
some of the above limitations may not apply. In these states, each
party's liability will be limited to the greatest extent permitted
by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with
all faults and defects without warranty of any kind. To the
maximum extent permitted under applicable law, the Company, on its
own behalf and on behalf of its Affiliates and its and their
respective licensors and service providers, expressly disclaims
all warranties, whether express, implied, statutory or otherwise,
with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of
dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, the Company provides no warranty or
undertaking, and makes no representation of any kind that the
Service will meet Your requirements, achieve any intended results,
be compatible or work with any other software, applications,
systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any
errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the
company's provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the
Service, or the information, content, and materials or products included
thereon; (ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information
or content provided through the Service; or (iv) that the Service,
its servers, the content, or e-mails sent from or on behalf of the
Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some
or all of the above exclusions and limitations may not apply to You.
But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under applicable
law.
The laws of the Country, excluding its conflicts of law rules,
shall govern this Terms and Your use of the Service. Your use of
the Application may also be subject to other local, state,
national, or international laws.
If You have any concern or dispute about the Service, You agree to
first try to resolve the dispute informally by contacting the
Company.
If You are a European Union consumer, you will benefit from any
mandatory provisions of the law of the country in which you are
resident in.
You represent and warrant that (i) You are not located in a
country that is subject to the United States government embargo,
or that has been designated by the United States government as a
"terrorist supporting" country, and (ii) You are not listed on any
United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or
invalid, such provision will be changed and interpreted to
accomplish the objectives of such provision to the greatest
extent possible under applicable law and the remaining
provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or
to require performance of an obligation under this Terms shall
not effect a party's ability to exercise such right or require
such performance at any time thereafter nor shall be the
waiver of a breach constitute a waiver of any subsequent
breach.
These Terms and Conditions may have been translated if We have
made them available to You on our Service. You agree that the
original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace
these Terms at any time. If a revision is material We will make
reasonable efforts to provide at least 30 days' notice prior to
any new terms taking effect. What constitutes a material change
will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not
agree to the new terms, in whole or in part, please stop using the
website and the Service.
If you have any questions about this Privacy Policy, You can
contact us: