Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Ambit Energy web site located at www.AmbitEnergy.com, and all associated sites linked to www.AmbitEnergy.com by Ambit Energy, its subsidiaries and affiliates, including Ambit Energy sites around the world (collectively, the “Site”). The Site is the property of Ambit Energy Holdings, LLC (“Ambit Energy”) and its licensors. BY USING THE SITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Ambit Energy reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the new Terms of Usage. As long as you comply with these Terms of Use, Ambit Energy grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Ambit Energy, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Ambit Energy’s express prior written consent.
You may use information on Ambit Energy products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Ambit Energy for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any representations or warranties relating to such documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Ambit Energy reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Ambit Energy server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Ambit Energy, including any Ambit Energy account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Ambit Energy’s systems or networks, or any systems or networks connected to the Site or to Ambit Energy.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Ambit Energy on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ambit Energy or others.
Limitation of Liability
YOU AGREE TO INDEMNIFY AND HOLD AMBIT ENERGY, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR CONDUCT IN CONNECTION WITH THE SITE OR WITH USERS OF THE SITE, OR ANY VIOLATION OF THESE TERMS OF USAGE OR OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY.
ALL INFORMATION PROVIDED ON THIS WEBSITE IS ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL AMBIT ENERGY OR ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL PUNITIVE , OR SPECIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, OR DATA ARISING OUT OF ANY USE OR CONNECTION WITH THE AMBIT ENERY WEBSITE OR ANY WEBSITE LINKED TO OR FROM THE AMBIT ENERGY WEBSITE, EVEN IF AMBIT ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AMBIT ENERGY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THIS WEBSITE OR OTHER INFORMATION ACCESSIBLE FROM THIS WEBSITE.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, AMBIT ENERGY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, AMBIT ENERGY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE SITE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST AMBIT ENERGY (BUT NOT INCLUDING THE PURCHASE PRICE FOR ANY AMBIT ENERGY HARDWARE OR SOFTWARE PRODUCTS OR SIMILAR SUPPORT PROGRAM), OR (2) US$100.00.
Some jurisdictions do not allow limitations of liability or exclusion, so the foregoing limitation or exclusion may not apply to you.
Violation of These Terms of Use
Ambit Energy may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Ambit Energy’s rights or property, or the rights or property of visitors to or users of the Site, including Ambit Energy’s customers. Ambit Energy reserves the right at all times to disclose any information that Ambit Energy deems necessary to comply with any applicable law, regulation, legal process or governmental request. Ambit Energy also may disclose your information when Ambit Energy determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Ambit Energy may preserve any transmittal or communication by you with Ambit Energy through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Ambit Energy determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Ambit Energy, its employees, users of or visitors to the Site, and the public.
You agree that Ambit Energy may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ambit Energy, for which monetary damages would be inadequate, and you consent to Ambit Energy obtaining any injunctive or equitable relief that Ambit Energy deems necessary or appropriate in such circ*mstances. These remedies are in addition to any other remedies Ambit Energy may have at law or in equity.
You agree that Ambit Energy may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Ambit Energy does take any legal action against you as a result of your violation of these Terms of Use, Ambit Energy will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Ambit Energy. You agree that Ambit Energy will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree, by visiting or using the Site, that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to principles of conflicts of laws provisions. With respect to any disputes or claims, you agree to the personal jurisdiction by and venue in the state and federal courts in Dallas County, Texas, and hereby consent to, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Ambit Energy and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Ambit Energy administers and operates the www.Ambit Energy.com Site from its location in Dallas, Texas, USA; other Ambit Energy sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Ambit Energy reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Ambit Energy with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Ambit Energy with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Ambit Energy, Ambit Energy will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Ambit Energy’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Ambit Energy of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Ambit Energy and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Ambit Energy provides access to Ambit Energy international data and, therefore, may contain references or cross references to Ambit Energy products, programs and services that are not announced in your country. Such reference does not imply that Ambit Energy in your country intends to announce such products, programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. Ambit Energy shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
© 2006 – 2012 Ambit Energy Holdings, LLC, parent company of Ambit Texas, LLC (Texas PUC License No. 10117), Ambit Illinois, LLC, Ambit Northeast, LLC, and Ambit New York, LLC. All rights reserved.
