Legal Notice

This site is provided, controlled and operated by Pacific Summit Energy (PSE). Use of this website and access to the material it contains is subject to the following terms and conditions as well as to all applicable laws. Your access to and browsing of the website constitutes your full acceptance of the terms and conditions set forth below.

Please read these terms and conditions carefully. They apply to your use of our website, including any content, materials, features, and services offered on them. By using this website, you acknowledge that you have read these terms and conditions and agree to follow them.

Please refer to these terms regularly. We may update these terms and conditions at any time. You are responsible for periodically reading them. If you use this website after we have updated these terms and conditions, you acknowledge that you have read the updated terms and conditions and agree to follow them. All changes to these terms and conditions are effective immediately when we post them.

If you have any questions about these terms and conditions, please contact us.

Privacy Policy Statement

We are committed to protecting your privacy. Please read our privacy policy statement carefully to understand how we collect information about you and how we may use or disclose such information. By using this website, you acknowledge that you have read our privacy policy statement and consent to our privacy practices.

Using the Content on This Website

The content on this website is owned, controlled, or licensed by or to us. It is protected by copyright, trademark, and other intellectual property laws and rights throughout the world. You may only use the content for your personal and non-commercial use.

You may not copy, distribute, publish, adapt, modify or create derivative works from, publicly display or perform, or in any way exploit any content on this website, unless you first request and obtain permission from the owner of such content. If we choose to grant you additional rights to our content, you agree not to change or delete any proprietary notice on the content.

You may not use the name “Pacific Summit Energy” or any mark, logo or trade name owned or used by Pacific Summit Energy or its subsidiaries or affiliates in any medium whatsoever unless you first request and obtain permission from us.

All Rights Reserved

We retain all right, title, and interest in this website and any content, features, products, or services offered on this website, including any and all intellectual property rights. We reserve all rights not expressly granted.

Prohibited Uses of This Website

In using this website, you may not:

  1. violate these terms and conditions, infringe upon our rights or the rights of others, or violate any laws;
  2. conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;
  3. post, email, or otherwise make available through the website, any content that:
    1. incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence,
    2. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason, or
    3. is illegal or violates any laws, including laws related to adult activities and content, child pornography, criminal activities, gambling, and drugs,
  4. pretend that you are someone else or disguise the origin of any message, communication, or transmittal you send to us through this website;
    use any robot, spider, scraper, or other automated or manual means to access this website, or copy any content or information on this website;
  5. attempt to gain unauthorized access to any portion of this website or any related networks or systems by hacking, password “mining”, or any other illegitimate means;
  6. probe, scan, test the vulnerability of or breach the authentication measures of, this website or any related networks or systems;
  7. modify or reroute or attempt to reroute this website;
    link to this website from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
  8. utilize framing, squeeze back, overlay or other techniques to enclose or display this website or any content on this website, with any other software or content of a third party; or
  9. take any action that places a disproportionately large load on this website or any related networks or systems.

Electronic Notices and Communications

By visiting this website or sending us an email, you are communicating with us electronically. By communicating with us electronically, you agree that:

  1. we may communicate with you electronically by email, or as appropriate, by posting general notices on this website;
  2. all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and
  3. any notices are deemed to be given and received on the date we transmit any electronic communication as described above.

Unsolicited Ideas and Feedback

Neither we nor our employees accept or consider unsolicited ideas, including those for new or improved products or 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:

  1. your ideas automatically become our property, without any compensation to you;
  2. we can commercialize these ideas and use them for any purpose and in any way; and
  3. 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.

Materials Posted on This Website

We do not endorse, control, or claim ownership over any materials that you or others post or provide us through this website. By posting or otherwise providing any such materials, you agree to grant us an irrevocable, perpetual, royalty-free license to:

  1. use, modify, copy, distribute, and publicly perform and display any such materials and content on this website;
  2. publish your name with such materials on this website; and
  3. give these rights to others.

You also represent and warrant that you have all the rights necessary for you to grant these rights and that the use and publication of the content does not violate or infringe the rights of any third party or breach any law. We may remove any materials and content that you or others post or otherwise provide to this website at any time without notice.

No Personal Advice

The information provided on or through this website cannot replace or substitute for professional advice, including advice for financial and legal matters. You should seek professional advice as appropriate and not rely on content and information provided on or through this website.

Third Parties

This website may contain:

  1. references to names, marks, data, content, products, or services of third parties;
  2. links to third party websites; and
  3. descriptions of services and products provided by third parties.

These references, links, and descriptions are provided solely for your convenience. By including these references, we do not endorse these parties, their content or any products and services they offer.

These parties are not under our control and we are not responsible for them, or the operation and availability of their websites and are not responsible for the accuracy, relevancy, copyright compliance, legality or decency of the material contained in, programs used by, or services or products offered by the websites.

You are responsible for knowing when you are leaving our website to visit a third party website, and for reading and understanding the terms and conditions and privacy policy statements for each such third party website.

If you choose to deal with third parties, you agree that you have a direct relationship with them and are solely responsible for any such dealings. If you have concerns with any third party website, please address them with the administrator of that website.

Security

This website may require you to enter your email address. We take reasonable measures, such as commercially-available encryption, to safeguard any personal information you communicate with us electronically.

However, we do not guarantee that such information will not be intercepted by a third party during transmission over any public networks or otherwise. You bear the risk of communicating with us electronically and we are not responsible for any resulting loss or damage.

Cybersecurity Risk Information Sharing

We may monitor and search any communications or data transiting or stored on this information system. At our sole discretion, we may share pertinent information with the U.S. Government and its authorized representatives to protect the security of critical infrastructure, to ensure information security, or to comply with any applicable law, regulation, or legal process.

No Warranties; Disclaimers

We make no guarantee about the accuracy or reliability of the content, materials, features, and services on this website.

WE DO NOT WARRANT THAT THIS WEBSITE OR ANY CONTENT, MATERIALS, FEATURES, OR SERVICE OF THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, PROVIDE YOU WITH SPECIFIC RESULTS, OR BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE CONTENT, MATERIALS, FEATURES, AND SERVICES ON THIS WEBSITE ARE PROVIDED “AS-IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE.

NEITHER WE NOR ANY OF OUR AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH IT, INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.

Force Majeure

We are not to be deemed in breach of these terms and conditions or the privacy policy statement due to any event or circumstance beyond our reasonable control, including without limitation, war, invasion, failures of any public networks, electrical shortages, terrorist attacks, and earthquakes and other acts of God. We are not responsible for any loss, delay, or damage due to such events or circumstances.

Indemnity

You agree to defend, indemnify, and hold us and any of our affiliates and subsidiaries harmless from and against any and all claims, losses, liability, costs, and expenses (including attorney’s fees) arising from your use of this website, violation of these terms and conditions, or violation of any third party rights. You agree to waive any and all laws that may limit the efficacy of any releases contained in these terms and conditions.

No Agency Relationship

Neither these terms and conditions, nor any content, materials, features, or services of this website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

Remedies

Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to this website and/or block your future access to this website for any reason.

You agree that any violation, or threatened violation, by you of these terms and conditions constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.

These remedies are in addition to any other remedies we may have at law or in equity.

Applicable Law

You agree that all matters relating to your access to or use of this website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas, without regard to its conflicts of laws rules. You agree to the personal jurisdiction by and venue in the state and federal courts of the State of Texas. You also waive any objections to such jurisdiction or venue.

Contract Interpretation

All parts of these terms and conditions apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of this contract will not affect the validity and enforceability of the remaining provisions.