Agreement to Terms of Use

These Terms and Conditions of Use (the "Terms of Use") apply to the web site located pacificsummitenergy.com, and all associated sites linked to it by Pacific Summit Energy LLC , its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of Pacific Summit Energy LLC (“PSE”) and its licensors.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITE.

Modification of these Terms of Use

PSE reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. YOUR CONTINUED USE OF THE SITE FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. As long as you comply with these Terms of Use, PSE grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Eligibility to Use the Site; Access

The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Site under applicable laws. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

PSE reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Links to Other Sites and to the PSE Site

This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under PSE’s control, and PSE is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Intellectual Property Rights in the Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Site Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Site Content, contained on the Site is owned, controlled or licensed by or to PSE, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of PSE and protected by U.S. and international copyright laws. All software used on the Site is the property of PSE or its software suppliers and is protected by U.S. and international copyright laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Site Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without PSE’s express prior written consent. Permission is granted to electronically copy and to print in hard copy portions of the Site Content solely for your personal, non-commercial, and non-competitive, use. Any other use of Site Content without the prior written permission of PSE is strictly prohibited. 

Prohibited Uses of the Site

Your use of the Site is subject to restrictions intended to protect the rights of PSE and others. You may not use the Site or any Site Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of PSE or others. You also agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. The following actions are prohibited by PSE unless specifically authorized in writing.

• Using any deep-linking, data scraping, robot, web crawler or “spider”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Site Content;
• In any way reproducing or circumventing the presentation of the Site or any Site Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
• Attempting to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any PSE server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
• Probing, scanning or testing the vulnerability of the Site or any network connected to the Site, or breaching the security or authentication measures on the Site or any network connected to the Site.
• Forging headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to PSE on or through the Site or any service offered on or through the Site.
• Engaging in activities that are or are reasonably likely to cause unreasonable or disproportionately large impact to the Site infrastructure or PSE’s systems or networks, or any systems or networks connected to the Site.

PSE reserves the right to bar and/or prevent any prohibited use of the Site. You agree that PSE may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You agree that PSE will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify PSE immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by PSE or any other user of or visitor to the Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. PSE cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

PSE’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. 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 the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Description of Services and Offerings

The services and other offerings described on the Site for informational purposes. All material and information presented by PSE is intended to be used for personal, educational or informational purposes only. PSE’s obligations, if any, with regard to its services and offerings are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. The materials on the Site with respect to services and other offerings may be out of date, and PSE makes no commitment to update the materials on the Site with respect to such services or offerings.

Disclaimers

PSE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE INFORMATION PROVIDED ON OR THROUGH THE SITE CANNOT REPLACE OR SUBSTITUTE PROFESSIONAL ADVICE, INCLUDING FOR FINANCIAL OR LEGAL MATTERS, YOU SHOULD SEEK PROFESSIONAL ADVISE WHERE APPROPRIATE AND NOT RELY ON CONTENT AND INFORMATION PROVIDED THROUGH THIS SITE.

THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PSE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PSE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PSE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PSE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability

Except where prohibited by law, in no event will PSE be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if PSE has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, PSE is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, PSE’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against PSE (but not including the purchase price for any PSE hardware or software products, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold PSE, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against PSE by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

PSE may disclose any information we have about you (including your identity) under certain circumstances necessary to protect PSE’s legal and operational interests, including, but not limited to: (1) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site; or (2) to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) PSE’s rights or property, or the rights or property of visitors to or users of the Site, including PSE’s customers. We may disclose your personal information to law enforcement or other third parties in connection with the protection of our legal interests.

If PSE does take any legal action against you as a result of your violation of these Terms of Use, PSE will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to PSE.

Unsolicited Ideas and Feedback

PSE does not accept or consider unsolicited ideas, including those for new or improved products, services, technologies, contents found on the website, product enhancements, processes, marketing plans, or product names. The purpose of this policy is to avoid any potential misunderstandings or disputes if our offerings or strategies seem similar to ideas that you submitted to us.

Any comments or materials sent to us will not be treated as confidential (unless otherwise specified by our privacy statement) and will become our exclusive property. For the avoidance of doubt, if you choose to send us your ideas anyway, through this website or otherwise, you agree that:

• your ideas automatically become our property, without any compensation to you;
• we can commercialize these ideas and use them for any purpose and in any way; and
• we can give these ideas to others.

You also represent and warrant that such ideas are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described above.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between PSE and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

PSE administers and operates the Site from its location in the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. PSE reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and PSE with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and PSE with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with PSE, PSE will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. PSE’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by PSE of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between PSE and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this Site shall be deemed to be non-confidential. PSE shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.

Copyright © 2024 Pacific Summit Energy LLC. All rights reserved.

2010 Main Street, Suite 1200, Irvine, CA 92614