These Terms and Conditions of Use (the "Terms and Conditions") for ElectroIQ.com (the "Website") are between a user of the Website ("User") and PennWell Corporation ("PennWell").
Access to the Website or use of the Website content constitutes User's agreement with these terms and Conditions. User acknowledges that User has read these Terms and Conditions and that User accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. PennWell reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes in these Terms and Conditions will be posted on the Website, and User's continued use of the Website affirmatively indicates User's acknowledgment of such changes and User's agreement to be bound by the Terms and Conditions as modified.
Unless otherwise agreed in writing, User's right to use the Website is not transferable and is subject to any restrictions established by PennWell.
PennWell may change, suspend, or discontinue any aspect of the Website at any time, at its sole discretion, without prior notice and without liability to User or any third party for such change, suspension, or discontinuance. PennWell may also impose limits on certain features and services or restrict User's access to parts or all of the Website without notice or liability.
SHOULD USER OBJECT TO ANY OF THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT CHANGE OR MODIFICATION TO THESE TERMS AND CONDITIONS, OR SHOULD USER BECOME DISSATISFIED WITH THE WEBSITE IN ANY WAY, USER'S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. SO LONG AS USER CONTINUES TO USE THE WEBSITE, PENNWELL WILL CONTINUE TO RELY ON USER'S FULL AND UNQUALIFIED ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS.
ACCESS TO THE WEBSITE
User shall not have the right to sell, license, market, or lease the Website content to any party whatsoever without the prior written consent of PennWell. User shall not have the right to distribute the Website content in any manner to any third party or unauthorized user.
User hereby acknowledges that, as between PennWell and User or any party acting through User, all title to and ownership of the Website and its content remains vested in PennWell and nothing in these Terms and Conditions serves to transfer such ownership or title to User or any party acting through User. All copies and representations of content from the Website, including merged or modified portions, shall as between User and PennWell remain PennWell's exclusive property, shall continue to be subject to these Terms and Conditions, and shall contain all PennWell copyright and other proprietary notices.
User agrees to use the Website only non-commercially, and only for User's bona fide development or legitimate business purposes in accordance with these Terms and Conditions. User shall use all reasonable endeavors not to permit or allow the Website to be used by any party whatsoever for purposes not connected with User's non-commercial, legitimate business purposes.
User agrees to report promptly to PennWell any observed violation of the above. User agrees that the Website shall not be used in any manner or for any purpose other than the permitted purposes as expressly described in these Terms and Conditions.
User shall notify the Website's Webmaster of any known or suspected unauthorized use(s) of the Website through User's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User's means of access.
User may not share User's means of access with others. User acknowledges that User is responsible for all usage or activity on User's Website account, including such use of the account by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's account, at PennWell's sole discretion, and User may be referred to appropriate law enforcement agencies. User agrees to indemnify, defend, and hold PennWell harmless against liability for any and all use of User's account.
AUTHORIZED USAGE OF THE WEBSITE CONTENT
The contents of the Website are intended for the benefit of User's legitimate non-commercial business. All materials displayed on the Website (including, but not limited to articles, reports, photographs, images, illustrations, audio clips and video clips, each also known as the "Content") are protected by copyright, and owned or controlled by PennWell or the party credited as the provider of the Content, software, or other materials. Users shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website. User acknowledges that he/she has no claim of ownership or other right to any Content by reason of its access, use, or otherwise.
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Copying or storing of any Content for other than User's legitimate non-commercial business end-use is expressly prohibited without the prior written permission of PennWell or the copyright holder identified in the individual Content's copyright notice. IN NO EVENT SHALL USER ALTER OR DELETE ANY AUTHOR ATTRIBUTION OR COPYRIGHT NOTICE.
Except as specifically provided in these Terms and Conditions, User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, display, or in any way exploit, any of the Content, software, materials, or the Website in whole or in part. No use is permitted which benefits any party other than PennWell or User.
PennWell, PennEnergy and other PennWell products referenced in PennWell.com are either trademarks or registered trademarks of PennWell Corporation. Other featured logos, product and company names are or may be service/trademarks of their respective owners.
WARRANTY AND AVAILABILITY OF SERVICE AND LINKS
Neither PennWell nor PennWell.com represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, downloaded, uploaded, or distributed through the Website by any user, information provider, or any other person or entity. User acknowledges that any reliance upon any such opinion, advice, statement, or information shall be at User's sole risk. PennWell reserves the right but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Website.
THE WEBSITE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEBSITE OR ANY MATERIALS OBTAINED THROUGH THE WEBSITE ARE VIRUS-FREE OR ERROR-FREE. NEITHER PENNWELL NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE CONTENT SHALL BE LIABLE UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, USER's INABILITY TO USE, OR USER's USE OF THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ECONOMIC, LOST PROFIT, OR CONSEQUENTIAL DAMAGES, OR OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, EVEN IF PENNWELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL USER BE ENTITLED UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) TO ANY MONETARY DAMAGES IN EXCESS OF ANY FEE PAID BY USER FOR USE OF THE WEBSITE DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. USER's RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT USER MAY HAVE OTHERWISE HAD AGAINST PENNWELL. USER EXPRESSLY ACKNOWLEDGES THAT USE OF THE WEBSITE IS AT USER's SOLE RISK.
The Website contains links to other related Internet sites, resources, and sponsors of the Website. PennWell is not responsible in any way for the availability of these outside resources or their contents. User should direct any concerns regarding any external link to that link's site administrator or webmaster.
PennWell is not responsible for the contents of any linked site or any link contained in a linked site. PennWell is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by PennWell of the linked site or its contents.
These Terms and Conditions shall be construed and enforced in accordance with Oklahoma law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Tulsa, Oklahoma.
Any rights not expressly granted to User in these Terms and Conditions are reserved to PennWell.
Any failure by PennWell to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.
These Terms and Conditions represent the entire agreement between PennWell and User concerning User's use of the Website and supersede any prior understanding or agreement whether oral or written.