terms of use | energysk

Please note that our Sites are under constant development. New services are added frequently and this agreement may therefore be modified and updated on an ongoing basis. It is important to check back to this page regularly.

General Rules

EnergySP LLC. , owns and operates several public-facing websites, including energysp.com, psychichichealingwithpetra.com, energysk.com, as well as makes the same or similar content available to mobile users, including via apps available to users of Android, iPhone, iPad or any other mobile device, (collectively the "Sites"). (App purchases are typically also subject to the terms and conditions of the entity that operates the app store, which are accessible on that entity's website.) This Terms of Use & Conditions is referred to throughout this agreement as "Terms of Use & Conditions" of this "Agreement").

Your use of the Sites and associated products and services, regardless of media, is subject to the terms, conditions, and disclaimers set forth below; to EnergySP’s Privacy Policy, Terms of Sale, Terms of Participation and to all applicable laws and regulations. In addition, EnergySP reserves the right to terminate access to the Sites for any reason, and to take any other actions that EnergySP, in its sole discretion, believes to be in the interest of EnergySP and some or all of its users and customers. EnergySP reserves the right to modify these disclaimers, terms, and conditions of access, without advance notice.

This is a binding contract between EnergySP and you. By accessing EnergySP Sites, you hereby accept this Agreement. As a material condition of such use, you warrant that you are over the age of thirteen and that you have provided accurate and complete information in any communication with EnergySP.

Access
Intellectual Property
Acceptable Use Policy
Content and Non-Endorsement
Comment Areas
Use of RSS Feeds
Employment Opportunities
EnergySP Sites DMCA Copyright Infringement Claim Policy
Procedure to File a DMCA Counter-Claim
Limitation of Liability and Use
Indemnification
Special Agreement on Fee-Shifting and Choice of Law
Dispute Resolution and Arbitration
Earning and Income Disclaimer

Access

Access to the Sites does not create a professional services relationship or any other relationship with EnergySP. The Sites are provided solely for your personal, non-commercial use. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the Sites nor transfer to or store any data residing or exchanged over the Sites in any electronic network for use by more than one user unless you obtain prior written permission from EnergySP. Specifically, unless explicitly authorized in this Terms of Use & Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Sites.

For any images, text, data or other information (referred to here as "Content") you submit to EnergySP (including profile information, blog posts, comment areas, and any e-mail) you affirm, represent and warrant that you own the right to utilize, to license and to sublicense the Content and you grant to EnergySP, and anyone authorized by EnergySP, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, copy, assign, display, distribute, perform, reproduce in whole or in part, and modify the Content in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of the Sites and/or services provided. You also grant to each user of the Sites a non-exclusive license to access the Content through the Sites and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Sites and under this Terms of Use & Conditions.

For any Content you post that you do not own, you guarantee to us that you have the legal right to post such Content and that it will not violate any law or the rights of any person or entity. IN OTHER WORDS, AND AMONG OTHER THINGS, YOU WILL NOT POST CONTENT ON THE SITES YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE CONTENT, INCLUDING WRITTEN, PHOTOGRAPHIC, MUSIC AND VIDEO CONTENT.

Intellectual Property

EnergySP and the Sites, and all other text and images contained on the Sites and in EnergySP's products are protected by United States trademark and copyright law and other applicable law and are the property of EnergySP, except as otherwise identified. All copyrights and trademarks not the property of EnergySP that are used or referred to in the Sites and EnergySP's products are the property of their respective owners. Nothing contained in the site or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of EnergySP or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on the site or other products may violate the law. If you are a copyright owner and believe infringing material is present on any of the Sites, please refer to the procedures outlined below in the section titled "EnergySP Sites DMCA Copyright Infringement Claim Policy."

EnergySP’s products, including third party and licensed materials on the site, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires specific written permission from EnergySP.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of the Sites, and you agree not to engage in unacceptable use of the Sites, which includes, without limitation, use of the Sites to:

- Harm or threaten to harm users or members of the general public in any way, or "stalk" or otherwise harass any other person or entity;
- Post or transmit any Content that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Disseminate or transmit "spam," unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
- Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
- Impersonate any person or entity (including the Sites agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by the Sites for such purpose;
- Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Sites, or servers or networks connected to the Sites; or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites;
- Post any Content related to partisan political campaigning or fundraising;
- Express or imply that any statements you make are endorsed by us;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites;
- Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, the Sites or the contents (except as expressly permitted by EnergySP);
- Remove any copyright, trademark or other proprietary rights notices contained in the Sites;
- "Frame" or "mirror" any part of the Sites; or
- Engage in any other activity deemed by the EnergySP to be in conflict with the spirit or intent of this Agreement or that might violate the rights of others or give rise to liability.

You understand that by using the Sites, you may be exposed to Content that may offend you or challenge your beliefs. Your remedy is to avoid such Content by discontinuing your access.

Content and Non-Endorsement

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of EnergySP. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The Sites and third parties may provide links to web pages, web sites, and various resources or locations on the web. EnergySP has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Comment Areas

The Comment Areas are designed to permit you to share your ideas and opinions. Information on the Comment Areas is sometimes provided by EnergySP staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with us. You acknowledge that a large volume of information is available in Sites Comment Areas and that people participating in such Comment Areas occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. EnergySP neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Sites or Comment Areas by third parties. The opinions expressed in the Comment Areas reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of EnergySP. EnergySP is not responsible for any errors or omissions in postings in the Comment Areas, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will EnergySP or its affiliates, be liable for any loss or damage caused by your reliance on such information obtained through the Sites or the Comment Areas.

EnergySP does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into the Comment Areas or any other part of the Sites, except that (i) EnergySP may consolidate and edit for clarity any Content posted to comment areas, (ii) EnergySP may inform registered users or third parties of particular content, ask for their response, or ask them to host discussions, and (iii) EnergySP reserves the right to monitor the Sites and to remove any information that EnergySP, in its sole discretion, considers to be inappropriate or unlawful.

You acknowledge and agree that EnergySP has the right (but not the obligation) to monitor the Comment Areas and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a forum or Comment Area); to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Sites properly; to protect EnergySP, its visitors, and the public; and to comply with legal obligations or reasonable governmental requests.

You acknowledge and agree that unless otherwise stated, all materials and information you provided will be deemed to be provided to us on a non-confidential and non-proprietary basis.

Use of RSS Feeds

Individuals may use the Sites, including but not limited to, psichichealingwithpetra.com RSS feeds free of charge for their personal, non-commercial use only. When using the psichichealingwithpetra.com feeds, we ask that you provide attribution to psichichealingwithpetra.com including at a minimum a linked logo and a link that returns to the original URL. EnergySP also reserves the right to disable, to change, or to cease distribution of these psichichealingwithpetra.com RSS feeds at any time, and reserves the right to require individuals to cease any and all use of these feeds at any time for any reason. To request permission to make commercial use of psichichealingwithpetra.com RSS feeds, please contact us at support(at)psichichealingwithpetra(dot)com. EnergySP will consider such submitted requests, but is not obligated to grant any specific permission request.

Employment Opportunities

EnergySP may post employment opportunities on the Sites and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to EnergySP in response to employment listings, you are authorizing EnergySP and its service providers to utilize this information for all lawful and legitimate hiring and employment purposes. EnergySP also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries, affiliates, vendors and service providers for legitimate business purposes. Nothing in this Terms of Use & Conditions or contained in the Sites shall constitute a promise by EnergySP to interview, hire or employ any individual who submits information to it, nor shall anything in this Agreement or contained in the Sites constitute a promise that EnergySP will review any or all of the information submitted to it by users.

EnergySP Sites DMCA Copyright Infringement Claim Policy

EnergySP respects the intellectual property of others, and requires that its users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. EnergySP has the right to prohibit infringers from using its Sites.

If you believe your work has been copied and posted on or through the Sites in a way that constitutes copyright infringement, please send EnergySP's Copyright Agent a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Sites (providing the URL(s) of the claimed infringing material satisfies this requirement);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

(f) your physical or electronic signature.

EnergySP's Copyright Agent for notification of claimed infringement can be reached as follows:

info(at)energysp(dot)com

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (a) through (f) above, EnergySP will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on EnergySP's Sites. No personal user information is shared with the copyright owner unless required by law.

If EnergySP receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a "repeat copyright infringer." EnergySP reserves the right to terminate the accounts of "repeat copyright infringers."

Procedure to File a DMCA Counter-Claim

If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with EnergySP's designated agent.

To be effective, a Counter-Claim must be a written communication provided to EnergySP's designated agent and must include the following information:

(a) A physical or electronic signature of the user;

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material that was removed or disabled;

(d) The user's name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district located in Clark County, Colorado, and that the user will accept service of process from the person who provided notification of alleged infringement or an agent of such person.

Upon receipt of a DMCA Counter-Claim, EnergySP will provide the complaining party with a copy of the DMCA Counter-Claim. When EnergySP receives a Counter-Claim that meets the requirements of the DMCA, EnergySP will process the Counter-Claim in accordance with the requirements of the DMCA.

Limitation of Liability and Use

EnergySP has worked to ensure the accuracy of the information it provides through its products and services, including through the Sites. This information frequently relies on data obtained from many sources, however, EnergySP cannot guarantee the accuracy of the information provided or any analysis based thereon.

The information, software, products, and services included on the Sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. EnergySP and/or its respective suppliers may make improvements and/or changes in the Sites at any time. Advice received via the Sites should not be relied upon for personal, professional, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

EnergySP IS NOT DESIGNED TO, AND DOES NOT PROVIDE, MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR CURE FOR ANY MEDICAL CONDITION, DISEASE OR ILLNESS. YOU UNDERSTAND THAT YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, NOR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE LEARNED, VIEWED, LISTENED TO, READ OR OTHERWISE ASCERTAINED OR OBTAINED FROM OR BASED ON ANY COMPONENT OF THE SITES OR CONVEYED TO YOU IN ANY FORM BY EnergySP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AT ANY TIME. ANYTHING YOU LEARN OR EXPERIENCE FROM THE SITES, IS NOT INTENDED TO REPLACE THE SERVICES OF A TRAINED HEALTH CARE PROFESSIONAL OR BE A SUBSTITUTE FOR MEDICAL ADVICE OF PHYSICIANS. EnergySP RECOMMENDS THAT YOU CONSULT A PHYSICIAN IN ALL MATTERS RELATING TO YOUR HEALTH, PARTICULARLY WITH RESPECT TO ANY SYMPTOMS THAT MAY REQUIRE DIAGNOSIS OR MEDICAL ATTENTION. EnergySP MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR PROVIDED TO YOU IN ANY COMPONENT OF THE SITES, OR OTHERWISE.

YOU EXPRESSLY AGREE THAT THE USE OF EnergySP PRODUCTS AND SERVICES, INCLUDING THE SITES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND EnergySP MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EnergySP DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM EnergySP, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM EnergySP NOT EXPRESSLY STATED IN THIS AGREEMENT.

EXCEPT AS OTHERWISE STATED, EnergySP MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEB SITE LINKED TO THE SITES. YOU AGREE THAT NEITHER EnergySP, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER EnergySP NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EnergySP CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THIS SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. EnergySP DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE INTERNET. EnergySP MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME.

EnergySP AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY'S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER EnergySP WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, EnergySP'S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES' LAWS.

EnergySP assumes no responsibility or liability arising from the content of the Sites nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within the Sites or accessed through the Sites. EnergySP also does not warrant that the functions or informational materials contained in or accessed or downloaded through the Sites are free of computer viruses or other harmful components. In addition, although EnergySP makes a good faith effort to update the content of the Sites periodically, EnergySP does not have a duty to update information contained in the Sites, and EnergySP will not be liable for any failure to update such information.

In particular, but without limiting the generality of the foregoing, EnergySP does not control, verify or endorse any statements, facts or opinions posted on the Sites by users or the contents of any site linked to the Sites. Any opinions, advice, statements, services, offers or other information or Content posted on the Sites are those of their respective authors who are solely liable for their Content.

EnergySP makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information, products, goods, services, photographs, video clips, graphics or other images provided by third parties and/or referenced on the Sites for any purpose. Any reliance by you on such information is, therefore, strictly at your own risk. In no event shall EnergySP be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from, out of, or in connection with, the use of or reliance on such information.

The Sites make no representation that information content provided on Sites is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content and online conduct.

EnergySP reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.

Indemnification

You agree to indemnify, defend and hold EnergySP, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Terms of Use & Conditions; (b) any allegation that any Content or other materials you submit to us or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites.

Special Agreement on Fee-Shifting and Choice of Law

If you attempt to bring any legal action against EnergySP based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail or EnergySP does prevail, you will reimburse EnergySP for any costs and attorney's fees associated with their defense of the action.

Subject to the section below entitled "Dispute Resolution and Arbitration," the Sites and any claim or dispute relating to the Sites shall be governed by the laws of the State of Colorado, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in Clark County, Colorado and you hereby consent to the exclusive jurisdiction and venue of such in all disputes arising out of or relating to the use of the Sites.

Use of the Sites is unauthorized in any jurisdiction that does not affect all provisions of these Terms of Use & Conditions, including without limitation this paragraph.

If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using the Sites, you consent to this transfer.

Dispute Resolution and Arbitration

If you are located in, based in, have office in, or do business in a jurisdiction in which this arbitration section is enforceable, the following mandatory arbitration provisions apply to you:

You and EnergySP agree that any dispute, claim, or controversy between you and EnergySP arising in connection with or relating in any way to the Sites or to your relationship with EnergySP as a user of the Sites or any of its products or services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this Agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of this Agreement or any agreement related to your use of the Sites.

In the event that said dispute, claim, or controversy cannot be resolved in good faith by you and EnergySP, you agree to submit the dispute to a neutral arbitrator residing in Clark County Colorado. The arbitration shall be held in Clark County, Colorado. In the event that the parties are unable to agree upon an arbitrator within 15 days of the date on which either party requests arbitration of a matter, the arbitrator shall be provided by the American Arbitration Association. The parties further agree that full discovery shall be allowed to each party for the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Except as provided herein, arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant to Colorado law, as amended by the Arbitration Code.

If either EnergySP or you refuse to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay the court costs and reasonable attorney's fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator.

Notwithstanding this section, you and EnergySP both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either your orEnergySP’s rights, at any time, to (1) seek injunctive relief in a court of law, or (2) to file suit in a court of law to address intellectual property infringement claims.

Time for filing

Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

Class Action Waiver

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND EnergySP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and EnergySP agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

Severability

If any provision or portion of these Terms of Use & Conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

Earning and Income Disclaimer

EnergySP makes every effort to ensure that it accurately represents its information, products and services and your potential for income. Earning and/or income statements made by EnergySP and/or its officers, directors, agents, representatives are estimates of what you can possibly earn. There is no guarantee that you will make these levels of income and you accept the risk that the earnings and income statements differ by individual. The examples are not to be interpreted as any guarantee, promise, representation and/or assurance. EnergySP does not purport its information, products and/or services as being a "get rich scheme."

As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees, promises, representations and/or assurances concerning the level of success you may experience. Your level of success in attaining the results claimed depends on the time you devote to the business, the ideas and techniques mentioned, your finances, knowledge and various skills, since such skills and factors differ according to individuals.

Testimonials and examples used are exceptional results, which do not, or may not, apply to the average person, and are not intended to guarantee, promise, represent and/or assure that anyone will achieve the same or similar results. EnergySP reiterates that each individual’s success depends on his or her background, dedication, desire and motivation.

There is no assurance that examples of past earnings can be duplicated in the future. EnergySP cannot guarantee your future results and/or success. EnergySP is not responsible for your actions.

The use of EnergySP’s information, products and/or services should be based on your own due diligence, which you undertake and confirm that you have carried out to your entire satisfaction. You agree that EnergySP, its directors, officers, employees, consultants, agents and other representatives are not liable for any success or failure of your business, acts and/or conduct that is directly or indirectly related to the business and/or the purchase and use of EnergySP’s information, products and/or services.

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