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Terms of Use
Last updated: January 6, 2020

You have accessed a website or mobile application of L5E, LLC (“5”) or one of its subsidiary or affiliated companies, including those of Luthin Associates, Inc. (“Luthin”), and their respective subsidiaries (hereinafter referred to collectively as “5” or “5 companies,” “us”, “we”, or “our”).

These Terms of Use govern your use of 5’s websites and mobile applications (each, our “Site”), and your access to and use of the content, postings, links, pages, services, products, features, and/or other materials offered on our Site and any other sites that 5 may make available and that link to or otherwise incorporate the Terms of Use. By browsing and/or using our Site, you agree to accept, unconditionally and without modification, the terms and conditions that follow, together with all applicable laws (“Terms of Use”) and our Privacy Policy.

If any of the Terms of Use are not acceptable to you, do not browse or use our Site.

We reserve the right to modify these Terms of Use from time-to-time, without notice, and you agree to be bound by such modifications. Accordingly, you should periodically review the most recent version of these Terms of Use.

Use of Site

Our Site is intended primarily for the purpose of providing general information about us and our services and is for your private use. Our Site has been compiled and is maintained by us, but we make no representation as to the completeness or accuracy of the information it contains. You should be aware that some information may be incomplete, may contain errors or may be outdated. We reserve the right to add, modify or delete any information contained in our Site without notice to you. We specifically disclaim any duty to update our Site.

Revision / Termination of Site or Services

5 has the right, at any time, to modify or discontinue, temporarily or permanently, our Site or any services offered, and/or to refuse or restrict anyone from access to any part of our Site or services, with or without notice and in its sole discretion. 5 will not be liable for any modification, suspension or discontinuance of our Site or any services.

User Conduct

You may use our Site for lawful purposes only and in compliance with all applicable laws and regulations. You are prohibited from using our Site, or transmitting to or through our Site, any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful (ethnically or racially) or otherwise objectionable material, or any material that would contribute to a civil or criminal offense, infringe on any intellectual property right or otherwise violate any law. You will not take any action that interferes or attempts to interfere with the intended functioning of our Site, including submitting or transmitting any software or other computer files that contain a virus or other harmful component, or otherwise impairing or damaging our Site. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity when using our Site, nor will you attempt to gain unauthorized access to any portion or features of the Site or services, to any other systems or networks connected to the Site, to any of our servers, or to any of the services offered on or through the Site, including but not limited to by hacking, password “mining,” or any unauthorized means.

Viewing and downloading materials in our Site is permitted only for your private use if you retain all copyright, trademark and other proprietary notices contained in the original materials on any copies you make of the materials. You may not modify the materials on our Site in any way or reproduce or publicly display, distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited unless approved by 5 in advance in writing. You may not use any automated means to collect information or content from or otherwise access our Site, including but not limited to using technical tools known as robots, spiders, or scrapers, without our prior permission.

User Accounts

You may choose to register an account in order to access and participate in certain features offered on our Site. When you register, you will be asked to disclose Personal Information (“PI”), which may include, but is not limited to, your first and last name, business address, email address, and telephone number. We may refuse to grant you, and you may not use, an email address or other login identification that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, is vulgar, or is otherwise offensive. You agree to notify us of any unauthorized use of your account or any other breach of security with respect to your account. We will not be liable for any loss or damage arising from unauthorized use of your account. You agree to provide true, accurate, current, and complete information about yourself as requested in the registration form. You also agree to update the information about yourself as necessary to keep it current and accurate. We have the right to disable any user account, password or another identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Privacy

By accepting these Terms of Use and submitting your PI on our Site, you understand and agree that we may use, collect, and share such information in accordance with our Privacy Policy. Our Privacy Policy is incorporated by reference into these Terms of Use. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to our Site may be read or intercepted by others, even if there is a special notice that a transmission (e.g., of credit card information) is encrypted.

Copyrights and Trademarks

  1. Site Content. Our Site, design of our Site, and all content in our Site (“Site Content”) are protected under the U.S. and international copyright laws. Our Site is owned by 5 and except for Your Content (as defined in Section B below) or as specifically stated or otherwise indicated, all Site Content including, but not limited to, trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, data compilations, icons, code, links on our Site is the property of 5 or its subsidiaries and protected by intellectual property laws.
  2. Your Content. 5 does not own any Content submitted by you (“Your Content”). You retain all your ownership rights in Your Content. By submitting Your Content to our Site, you grant 5 a worldwide, non-exclusive, royalty free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content. We will also be free to use any ideas, concepts, know-how, or techniques contained in information that you send to us for any purpose including, but not limited to, developing, manufacturing, and marketing products and services.
  3. Third-Party Content. Content owned by third parties may also appear on our Site, and you should respect those property rights as well. Content owned by third parties available on our Site is used by 5 pursuant to rights from the third party.
  4. Use of Copyrights and Trademarks Prohibited. Nothing on our Site should be construed as granting by implication, estoppel, or otherwise, a license or right to use any mark displayed on our Site, without the prior written permission of the owner of the mark. The copyright in the Site Content is owned by 5 unless otherwise noted. We do not warrant or represent that the use of our Site will not infringe rights of third parties. See the User Conduct paragraph for your obligations.

Copyright Infringement Notification

Pursuant to the Digital Millennium Copyright Act, and specifically 17 U.S.C. 512 (c)(3), you may submit written notification of copyright infringement to 5’s Copyright Agent. Such notification must include at least the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single Site are covered by a single notification, a representation of such works at that Site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5’s designated Copyright Agent is General Counsel, Jon Moore; Address: 4545 Fuller Drive, Suite 412 Irving, TX 75038; Email: jon.moore@energyby5.com; Phone: 972-445-9584.

Security Monitoring

For security purposes and to ensure that the services available through our Site remain available to all users, our Site may employ industry-standard methods to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Unauthorized attempts to upload or change information on our Site are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Infrastructure Protection Act.

Linking

You may link to our Site provided you comply with the following:

  1. You must link to the home page only. Links to other pages on our Site are prohibited unless approved by 5 in advance in writing.
  2. Links must only be text-based. You may not use inline links, anchor links, deep links, or any of our logos or other marks as links unless approved by 5 in advance in writing.
  3. Framing is not permitted under any circumstance. You may not create frames around our Site or use any other technique that alters in any way the visual presentation or appearance of our Site.
  4. In linking to our Site, you may not misrepresent your relationship with us. No links to our Site may be used in a manner that implies or suggests that we approve or endorse you, your website or application, or your goods and services, except as we may have agreed to separately with you in writing.
  5. 5 has no responsibility or liability for any content appearing on the website or application from which you link to our Site. You agree to indemnify us, defend us at your sole cost, and hold us harmless from and against any and all claims arising out of or based on such a website or application including your links.
  6. No link(s) may appear on any page on your website or application, or within any context containing content or materials that may be interpreted as libelous, obscene, criminal, pornographic, or which infringes or otherwise violates, or advocates the infringement or other violation of, any third-party rights.
  7. We may at any time, in our sole discretion, without cause, terminate your right to link to any pages on our Site. In such event upon request, you agree to immediately remove all links to our Site and to cease using any of our marks.
  8. We reserve the right to change this linking policy at any time, so it is your responsibility to periodically review this page for any changes.

Third-Party Websites or Applications

We make no representations whatsoever about any other third-party website or application that you may access through hypertext links in our Site. When you access any such third-party website or application, you acknowledge and agree that it is independent of us, and that we have no control over the content of any such website or application. In addition, a link to such third-party website or application does not mean that we endorse or accept any responsibility for the content, or the use, of such website or application. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Additionally, third-party websites may have cookies and such websites or applications may collect personal information. We encourage you to read the Terms and Conditions and Privacy Policies for such third-party websites or applications.

No Warranties

Our Site and any content, information, software, functions and applets provided on or through our Site are made available on an “AS IS” or “AS AVAILABLE” basis. We do not warrant the information made available through or on our Site, that our Site will be timely, secure, uninterrupted or error-free, or that defects in our Site if any exist from time-to-time, will be corrected. We will not be responsible for errors, omissions, interruptions, deletions, defects or delays in the operation and transmission of our Site, any services or related content, for communication line failures, or for computer viruses or other harmful software associated with the operation of our Site.

WE MAKE NO WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE, BY YOUR USE OF OUR SITE, THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL 5, ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF REVENUE; LOSS OF USE OF OUR SITE, LOSS OF USE OR DAMAGE TO YOUR COMPUTER EQUIPMENT OR PROGRAMS, BUSINESS INTERRUPTION, LOSS OF USE OF DATA, PROGRAMS OR EQUIPMENT) ARISING OUT OF YOUR ACCESSING, BROWSING OR USING, OR YOUR INABILITY TO ACCESS, BROWSE OR USE, OUR SITE OR SITE CONTENT AND ANY RELATED SERVICES, MATERIALS, AND PRODUCTS. 5, ITS SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR SUCH DAMAGE HOWEVER IT ARISES, WHETHER FOR BREACH OR IN TORT, EVEN IF 5, ITS AGENTS, DIRECTORS, AFFILIATES, SUBSIDIARIES, OR ASSIGNS HAD BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU ARE ADVISED THAT SOME JURISDICTIONS DO NOT PERMIT OR OTHERWISE RESTRICT OR LIMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON CONSEQUENTIAL DAMAGES, SO THAT THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Miscellaneous

The Terms of Use, as well as your use of our Site, will be governed and construed in accordance with the laws of the State of Texas, excluding conflict of laws rules. You agree that any and all disputes regarding our Site or arising out of your use of our Site will be resolved exclusively by a state or federal court in Dallas, Texas and you also agree to submit to the jurisdiction of any such court for the purpose of resolving any such dispute.

5’s failure to act with respect to a breach of these Terms does not constitute a waiver and shall not limit 5’s rights with respect to such breach or any subsequent breaches.

Questions About These Terms of Use

If you have any questions about these Terms of Use, please contact: email5@energyby5.com

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