Last Modified: May 30, 2019
Section 1. ACCEPTANCE OF THE TERMS OF USE
1.1 These terms of use are entered into between you and Blade Energy Partners, Ltd. (“Company”). The following terms, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.blade-energy.com, including, without limitation, any content, functionality and services offered on or through www.blade-energy.com (the “Website”).
1.2 Please read the Terms of Use carefully before you start to use the Website. By using the Website, you agree to be bound and abide by these Terms of Use and Company’s Privacy Policy, found at www.blade-energy.com, incorporated by reference by this Agreement. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Section 2. CHANGES TO THE TERMS OF USE
2.1 Company may revise and update these Terms of Use from time to time in Company’s sole discretion. All changes are effective immediately when Company posts them, and apply to all access to and use of the Website after posting.
2.2 Your continued use of the Website following the posting of revised Terms of Use means that you agree to the changes. You are expected to check this each time you access this Website, so you are aware of any changes, as they are binding on you.
Section 3. ACCESSING THE WEBSITE
3.1 Company reserves the right to withdraw or amend this Website, and any service or material Company provides on the Website, in Company’s sole discretion and without notice. Company will not be liable if for any reason any part of the Website is unavailable at any time. From time to time, Company may restrict access to some parts of the Website or the entire Website, to users.
3.2 You are responsible for:
(a) making all arrangements necessary for you to have access to the Website, and
(b) ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
3.3 It is a condition of your use of the Website that all the information you provide to Company through the Website is correct, current and complete. You agree that all information you provide through this Website or otherwise is governed by Company’s Privacy Policy, and you consent to all actions Company takes with respect to your information consistent with Company’s Privacy Policy.
Section 4. INTELLECTUAL PROPERTY RIGHTS
4.1 The Website and its entire contents, features and functionality, including, without limitation, all information, software, text, displays, images, video and audio, and the design, selection and arrangement of the contents, features, and functionality, are owned by Company, its licensors, or other providers of these contents, features and functionality and are be protected by any combination of United States or international copyright, trademark, patent, trade secret or other intellectual property or proprietary rights laws.
4.2 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 Company’s Website, except as follows:
(a) your computer may temporarily store copies of the Website in RAM incidental to your accessing and viewing those materials;
(b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and
(c) you may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
4.3 You shall not:
(a) modify copies of any materials from this site,
(b) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text,
(c) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site, and
(d) access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
4.4 Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
4.5 TRADEMARKS
Company name, Company’s logo and all related names, logos, product and service names, designs and slogans are trademarks of Company or its affiliated companies or licensors. You must not use these marks without the prior written permission of Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Section 5. PROHIBITED USES
5.1 You may use the Website only for lawful purposes and according to these Terms of Use. You agree not to use the Website:
(a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries),
(b) to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use,
(c) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation,
(d) to impersonate or attempt to impersonate Company, a Company employee, another user or any other individual or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing),
(e) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website or expose them to liability,
5.2 You also agree not to:
(a) use the Website in any way that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website,(b) use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website,
(c) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Company’s prior written consent,
(d) use any device, software or routine that interferes with the proper working of the Website.
(e) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful,
(f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website,
(g) attack the Website through a denial-of-service attack or a distributed denial-of-service attack, and
(h) otherwise attempt to interfere with the proper working of the Website.
Section 6. RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. Company does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on that information is strictly at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on that information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Section 7. CHANGE TO THE WEBSITE
Company may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and Company is under no obligation to update such material.
Section 8. INFORMATION COLLECTED
All information that Company collects on this Website is subject to Company’s Privacy Policy. By using the Website, you consent to all actions taken by Company with respect to your information according to the Privacy Policy.
Section 9. LINKING TO THE WEBSITE
9.1 You may link to the Company’s homepage, provided you do so in a way that is fair and legal and does not damage Company’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Company’s part without Company’s express written and signed consent. You shall not:
(a) establish a link from any website that is not owned by you,
(b) cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site,
(c) link to any part of the Website other than the homepage, and
(d) otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
9.2 You shall cooperate with Company in causing any unauthorized framing or linking immediately to cease. Company reserves the right to withdraw linking permission without notice.
Section 10. LINKS FROM THE WEBSITE
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Company has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms of use for those websites.
Section 11. GEOGRAPHIC RESTRICTIONS
Company, the owner of the Website, is based in the state of Texas in the United States. Company provides this Website for use only by persons located in the United States. Company makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal from time to time by certain persons or in certain countries or both. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Section 12. DISCLAIMER OF WARRANTIES
12.1 You understand that Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Company’s site for any reconstruction of any lost data.
12.2 YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
12.3 COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
12.4 THIS SECTION DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Section 13. LIMITATION OF LIABILITY
13.1 IN NO EVENT WILL COMPANY, ITS AFFILIATES OR ANY COMBINATION OF THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR OTHER WEBSITES LINKED TO IT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR OTHER WEBSITES OTHER WEBSITES LINKED TO IT.
13.2 THIS SECTION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Section 14. INDEMNIFICATION
You shall release, defend, indemnify and hold harmless Company, its affiliates, licensors and service providers, and its and their respective members, managers, officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
Section 15. GOVERNING LAW AND JURISDICTION
15.1 All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related the Website and these Terms of Use (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A. without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
15.2 Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Houston, Harris County, Texas although Company retains the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.
Section 16. WAIVER AND SEVERABILITY
16.1 No waiver of by Company of any term stated in these Terms of Use is to be deemed a further or continuing waiver of that term or a waiver of any other term, and any failure of Company to assert a right or provision under these Terms of Use does not constitute a waiver of that right or provision.
16.2 If any provision of these Terms of Use is held by a court to be invalid, illegal, or unenforceable for any reason, that provision is to be eliminated so that the remaining provisions of the Terms of Use will continue in full force and effect.
Section 17. ENTIRE AGREEMENT
17.1 The Terms of Use and Company’s Privacy Policy constitute the sole and entire agreement between you and Blade Energy Partners, Ltd. with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Section 18. COMMENTS AND CONCERNS
18.1 This website is operated by Blade Energy Partners, Ltd located at 2600 Network Blvd., Suite 550, Frisco, Texas 75034, U.S.A.
18.2 All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to +1 (972) 712-8407.