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Conditions of Use

CONDITIONS OF USE

 

Welcome to the EnerSource International shopping cart. EnerSoruce International, LLC, EnerBilling LLC, EnerGreens, LLC and/or its affiliates ("ES") provide website features to you that are subject to the following conditions. If you visit or shop at the ES Shopping Cart, you accept these conditions. Please read them carefully. In addition, when you use any current or future ES service or business (e.g., Your Profile/My Info, Gift Cards, etc.) you also will be subject to the guidelines, terms and agreements applicable to such service or business.

 

PRIVACY

Please review our Privacy Notice, which also governs your visit to the MSMS Shopping Cart, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

When you visit www.enersourceintl.com, www.energreens.com, and/or any of our other affiliated websites or send e-mail to us, you are communicating with us electronically. By registering at our website or purchasing from our shopping cart, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EnerSource, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of EnerSource, LLC and protected by U.S. and international copyright laws. All software used on this site is the property of EnerSouce, LLC or its software suppliers and protected by United States and international copyright laws.

 

TRADEMARKS

ENERGREENS, EnerGFx and all appropriate logos, slogans and designs along with any other EnerSource International, LLC and/or EnerGreens, LLC graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of EnerSource International, LLC and/or EnerGreens, LLC in the U.S. and/or other countries. EnerSource International, LLC and/or EnerGreens, LLC trademarks and trade dress may not be used in connection with any product or service that is not EnerSource International, LLC and/or EnerGreens, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EnerSource International, LLC and/or EnerGreens, LLC. All other trademarks not owned by EnerSource International, LLC and/or EnerGreens, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to EnerSource International, LLC and/or EnerGreens, LLC.

 

LICENSE AND SITE ACCESS

EnerSource International, LLC and/or EnerGreens, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EnerSource International, LLC and/or EnerGreens, LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of EnerSource International, LLC and/or EnerGreens, LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EnerSource International, LLC and/or EnerGreens, LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing EnerSource International, LLC and/or EnerGreens, LLC. Digital ID, Silver Digital ID, EARS Digital ID, Splash Screen Manager and/or Home Organizer name or trademarks without the express written consent of EnerSource International, LLC and/or EnerGreens, LLC. Any unauthorized use terminates the permission or license granted by EnerSource International, LLC and/or EnerGreens, LLC.

 

RISK OF LOSS

All items purchased from EnerSource International, LLC and/or EnerGreens, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

PRODUCT DESCRIPTIONS

EnerSource International, LLC and/or EnerGreens, LLC attempts to be as accurate as possible. However, EnerSource International, LLC and/or EnerGreens, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by EnerSource International, LLC and/or EnerGreens, LLC itself is not as described, your sole remedy is to return it in unused condition.

 

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ENERSOURCE INTERNATIONAL, LLC AND/OR ENERGREENS, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ENERSOURCE INTERNATIONAL, LLC AND/OR ENERGREENS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ENERSOURCE INTERNATIONAL, LLC AND/OR ENERGREENS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENERSOURCE INTERNATIONAL, LLC AND/OR ENERGREENS, LLC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM ENERSOURCE INTERNATIONAL, LLC AND/OR ENERGREENS, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENERSOURCE INTERNATIONAL, LLC AND/OR ENERGREENS, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

APPLICABLE LAW

By visiting the ES Shopping Cart or any of our other websites, you agree that the laws of the state of Oklahoma, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and EnerSource International, LLC and/or EnerGreens, LLC.

 

DISPUTES

Any dispute relating in any way to your visit to or to products or services sold or distributed by EnerSource International, LLC and/or EnerGreens, LLC in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Tulsa County, Oklahoma, and you consent to exclusive jurisdiction and venue in such courts.

 SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to the ES Shopping Cart or any of our other websites. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

OUR ADDRESS

EnerSource International, LLC

P.O. Box 33177

Tulsa, OK 74135

www.enersourceintl.com