Terms of Use
DNV Energy Services USA Inc. with a place of business at 1400 Ravello Drive, Katy, Texas 77449 ("DNV") provides this Coupon Portal (“Portal”) for use by participants (“Participant” or “You”) in furtherance of the Energy Programs that DNV has been contracted to support. The Portal is comprised of various Web pages operated by DNV on behalf of such Energy Programs.
These Terms of Use apply to DNV's operation of the Portal, govern data collection and usage, and allow access to and use of the Portal in order for participants to obtain certain Coupons in furtherance of the Energy Programs. The Portal is offered to you on a limited, non-exclusive, non-transferrable basis, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Portal constitutes your acceptance and agreement to all such terms, conditions, and notices. You agree that you will not allow access to or use of the Portal by any unauthorized user.
Modification of these Terms of Use
DNV reserves the right, at all times, in DNV’s sole discretion and without providing individual notice: (i) to change the terms, conditions, and notices under which the Portal is offered, including but not limited to charges (if any) associated with the use of the Portal, and (ii) to edit, refuse to post or to remove any information or materials, in whole or in part, in DNV's sole discretion. All such changes will take immediate effect and apply for future use of the Portal. You acknowledge that it is Your responsibility to monitor such changes and your continued use will constitute full acceptance of the updated terms.
Links to Third Party Sites
The Portal may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of DNV and DNV is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DNV is not responsible for webcasting or any other form of transmission received from any Linked Site. DNV is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DNV of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Portal and your participation in the Program, you represent that you will not use the Portal for any purpose that is unlawful or otherwise prohibited by these terms, conditions, and notices. You may not use the Portal in any manner which could damage, disable, overburden, or impair the Portal or interfere with any other party's use and enjoyment of the Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Portal or any other website operated by DNV. This includes any data collection, data scraping, or any other collection of data that has not been specifically allowed by DNV.
Confidential Information
As used herein, Confidential Information means all non-public, confidential, or proprietary information of DNV and/or DNV’s customers, including DNV customer’s client data. You agree to protect and safeguard the confidentiality of all such Confidential Information with at least the same degree of care as You use to protect your own Confidential Information, but in no event with less than a reasonable degree of care. In addition, You will not disclose the Confidential Information to any third party or use or permit access to the Confidential Information for any purpose other than that contemplated by these terms.
Use of Communication Services
The Portal may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- DNV has no obligation to monitor the Communication Services for any restricted or illegal use. However, DNV reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DNV reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Always use caution when giving out any personally identifying information about yourself or other individuals in any Communication Service. DNV does not control or endorse the content, messages or information found in any Communication Service and, therefore, DNV specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. You expressly waive right of action you may have against DNV as a result of the Communication Services. Managers and hosts are not authorized DNV spokespersons, and their views do not necessarily reflect those of DNV.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided by You
DNV does not claim ownership of the materials you may provide via the Portal (including feedback and suggestions) or post, upload, input or submit to the Portal or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DNV and any affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation and/or administration of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. DNV is not under any obligation to post or use any Submission you may provide and may remove any Submission at any time in DNV's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PORTAL MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DNV MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PORTAL AT ANY TIME. INFORMATION RECEIVED VIA THE PORTAL SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DNV MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND/OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PORTAL FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DNV HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DNV, ITS PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES, ANY OF ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ITS CUSTOMERS (“DNV GROUP’) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PORTAL, WITH THE DELAY OR INABILITY TO USE THE PORTAL OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THE PORTAL, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DNV HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EXCEPT IN CASES SUCH AS FRAUD WHERE DNV MAY NOT LAWFULLY LIMIT ITS LIABILITY UNDER THESE TERMS OF USE, THE LIABILITY OF DNV GROUP TOWARD PARTICIPANT, ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, AND/OR HEIRS, SUCCESSORS OR ASSIGNS, AND WHETHER IN CONTRACT, TORT INCLUDING WITHOUT LIMITATION NEGLIGENCE, BREACH OF STATUTORY DUTY UNDER ANY INDEMNITY OR OTHERWISE HOWSOEVER ARISING OUT OF OR IN RELATION TO THE PORTAL SHALL BE LIMITED TO A MAXIMUM AGGREGATE SUM OF USD $1,000 (ONE THOUSAND DOLLARS).
YOU AGREE TO INDEMNIFY AND SAVE HARMLESS DNV GROUP FROM ANY AND ALL DEMANDS, LOSSES, CLAIMS, EXPENSES, OR LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PORTAL INCLUDING ALL LEGAL EXPENSES AND COSTS INCURRED BY DNV GROUP IN DEFENDING ANY CLAIM OR SUIT ARISING OUT OF YOUR USE THEREOF.
If any portion of these Terms of Use is held to be invalid or unenforceable the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.
Termination / Access Restriction
DNV reserves the right, in its sole discretion, to terminate your access to the Portal and the related services or any portion thereof at any time, without notice.
Governing Law
These terms and conditions shall be governed by and construed exclusively in accordance with the laws of Texas, without regard to principles of conflicts of law. Any disputes arising under or in connection with your visit to this Portal or the use of information and material available on or through the Portal shall be subject to the exclusive jurisdiction of the courts located in Houston, Texas.
Copyright and Trademark Notices
All contents of the Portal are:
Copyright © 2024, DNV Energy Services USA, Inc. All rights reserved. Any rights not expressly granted herein are reserved. The content of the Portal made available to you is subject to intellectual property rights reserved by DNV. The trademarks used herein are the property of their respective owners. Some materials are licensed and all rights are reserved by licensor. No part of the content may be reproduced, transmitted or copied in any form or by any means, including uploading on the internet, without the prior written consent of DNV.