Terms of Use
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Killeen Energy, Inc. and its subsidiaries and affiliates (“Killeen Energy,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of www.killeenenergy.com, including any content, functionality, and services offered on or through www.killeenenergy.com (the “Website”), whether as a guest or a registered user. By using the Website, you acknowledge that you have read, accept, and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Website.
We may revise and update these Terms of Use at our sole discretion. All changes are effective immediately when we post them. By continuing to use the Website, you agree to check this page each time you access the Website and agree to any changes or updates to these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality are owned by Killeen Energy, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website. Any use of the Website not expressly permitted by these Terms of Use is a breach and may violate copyright, trademark, and other laws.
The Killeen Energy name, the Killeen Energy logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Killeen Energy or its affiliates or licensors. You must not use such marks without the prior written permission of Killeen Energy. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
User Contributions
The Website may contain message boards, social media features, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. You agree that all information is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
Any User Contribution you post will be considered non-confidential and non-proprietary, and you grant us and our affiliates and service providers, as well as their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any User Contributions you provide, and you, not Killeen Energy, bear full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Content Standards
These Content Standards apply to User Contributions and the use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that, at our sole discretion, is discriminatory, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable or inappropriate for the Website.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization, or falsely give the impression that they emanate from or are endorsed by us or any other person or entity.
- Involve commercial activities or sales, such as contests, sweepstakes, and other promotions, bartering, or advertising.
Reliance on Information Posted and Third-Party Materials
The information presented on or through the Website, including content provided by or links to third parties, is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material. You agree not to use the Website in any way that violates our policies or Terms of Use, or any applicable federal, state, local, or international law or regulation or otherwise attempt to interfere with the proper working of the Website.
We have the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution contains objectionable materials, violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Rhythm.
Linking to the Website and Social Media Features
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link that suggests any form of association, approval, or endorsement by us. You may use social media features solely as provided by us and only with respect to the content displayed, and in accordance with any additional terms we provide. The website you are linking from must comply with all Content Standards set out in these Terms of Use. We reserve the right to withdraw linking permission or disable social media features at any time without notice.
Disclaimer of Warranties and Limitation on Liability
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER KILLEEN ENERGY NOR ANYONE ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, OR ACCURACY OF THE WEBSITE OR ITS CONTENT.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KILLEEN ENERGY, ITS AFFILIATES, OR THEIR LICENSORS, EMPLOYEES, OR DIRECTORS BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT OR SERVICES OFFERED THROUGH IT, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Killeen Energy, its affiliates, licensors, and service providers, along with their respective officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, or expenses (including reasonable attorney’s fees) arising out of your violation of these Terms of Use or your use of the Website.
Governing Law, Jurisdiction, and Arbitration
All matters related to the Website and these Terms of Use, including any dispute or claim, shall be governed by the laws of the State of Texas. Any legal action arising from these Terms of Use shall be instituted in the federal or state courts located in Houston, Harris County, Texas. You waive any objections to such jurisdiction or venue. At Killeen Energy’s discretion, disputes may be resolved through binding arbitration under Texas law.
Online Purchases and Other Terms and Conditions
All purchases and transactions through the Website are governed by our policies, including the Privacy Notice, Terms of Service Agreement, Electricity Facts Label, and Your Rights as a Customer, which are incorporated into these Terms of Use. No waiver by Killeen Energy of any term or condition in these Terms of Use shall constitute a further or continuing waiver. If any provision is deemed invalid, the remainder of the Terms will remain in full effect. This Website is operated by Killeen Energy, Inc. All feedback and communications should be directed to: [email protected]. If you believe any content violates your copyright, please contact [email protected].