By using this web site or any other Swell Energy LLC web site (collectively, the “Site”) you accept these terms and conditions of use. If you do not agree to these terms and conditions of use, please do not use the Site. Swell Energy LLC reserves the right, at its discretion, to change, modify, add or remove portions of these terms and conditions at any time. You should therefore review these terms and conditions each time you access the Site. Changes or updates to the contents of the Site may also occur without notice. Except where stated otherwise, the term "Swell" used on the Site shall be deemed to include Swell Energy LLC and its affiliates, subsidiaries, successors and assigns.
1. No Warranty or Representation
While Swell Energy LLC uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your own risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with Swell.
The Site and the information or materials herein are provided on an "as is" basis. Swell Energy LLC makes no representation or warranty, either express or implied, of any kind with respect to the Site or its contents (such as product descriptions and prices) including, but not limited to, merchantability and fitness for a particular purpose, how current it is, its accuracy, its completeness, product availability, its security, that defects will be corrected or that the Site, any hyperlinked web site, or the servers upon which they reside are free of viruses or other harmful components.
None of Swell Energy LLC or any of its respective directors, employees, agents, or other representatives will be liable for damages, claims, expenses or other costs (including without limitation legal fees) arising out of or in connection with the use of, or inability to use, the Site or any information contained on it, or any hyperlinked web site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect, exemplary, punitive and consequential damages, loss of programs or data, income or profit, loss or damage to property and claims of third parties.
You agree that use of the Site is at your sole risk and that your exclusive and sole remedy is to stop using the Site.
2. Restrictions on Use of Materials
Swell and the Swell logo are currently in the application process to be registered trademarks of Swell Energy LLC. Other trademarks, domain names and logos which are the property of Swell Energy LLC may appear on the Site. All material contained on the Site including the content, Site design, text, graphics, and the selection and arrangement thereof are the copyright of Swell Energy LLC (unless otherwise expressly stated). No material from the Site or any of Swell's trademarks may be copied, reproduced, modified, linked to, or used or distributed in any way, without Swell’s express authorization. Failure to do so is a violation of this agreement and an infringement of Swell’s copyright and other proprietary rights, and is expressly prohibited.
As a service to users of the Site, Swell Energy LLC may include links to other web sites that Swell Energy LLC has no control over, and makes no endorsements or representations of any kind regarding the products, services, business practices, content or appropriateness of content on such web sites, and the user hereby irrevocably waives any claim against Swell Energy LLC with respect to such web sites.
You agree to indemnify, defend and hold harmless Swell Energy LLC, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your violation of these terms and conditions or any activity (including negligent or wrongful conduct) related to your use of the Site.
5. Governing Law and Jurisdiction
By visiting www.swellenergy.com, you agree that the laws of the state of California, 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 Swell Energy LLC or its affiliates.
The terms and conditions on the Site constitute the entire agreement between you and Swell governing your use of the Site. The failure or delay of Swell Energy LLC in exercising any right or remedy under the terms and conditions or elsewhere shall not constitute a waiver of such right or remedy. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.