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Terms Of Use

 

  1. Acceptance of Web site Terms

Your access to and use of this web site (the “Site”) constitutes your acceptance of the following terms of use (the “Terms”).  If you do not agree to these Terms, you should immediately stop using this Site and destroy all materials obtained by you through use of this Site.  Also note that these Terms may change from time to time and it is your responsibility to check for such updates.  The effective date of these Terms is July 1, 2008.

 

  1. Intellectual Property Rights and Grant of Limited License

This Site is operated by Pensacola Energy.  The Information, text, graphics or other materials on this Site (collectively the “Content”) are protected by copyrights, as is the arrangement of the Content.  Pensacola Energy either owns the Content of this Site or has acquired the appropriate licenses for the use of the Content.  Some of the names, words, phrases, designs, and logos (collectively the “Marks”) in this Site, and any links from this Site may be protected as trademarks of Pensacola Energy or other owners.  The Marks include, without limitations, the business name Pensacola Energy and the logo.  You are hereby granted revocable permission to use the Content of the Site for personal, non-commercial, lawful viewing only.  This is a limited license grant, not a title transfer, and under this license you may not modify the Content, remove any copyright or proprietary notices from the Content, nor mirror the Content onto any other server.  The display of the Marks on the Site does not imply that Pensacola Energy or any other owner grants you a license to use any of these Marks without the written permission of the owner.

 

  1. Disclaimer and Limitation of Liability

This Site content is provided for information purposes only.  Access to this Site is provided on an “as is” basis, and while reasonable efforts are made to ensure the quality, accuracy and timeliness of the content provided and the operation of this Site, Pensacola Energy makes no warranty or representation that this Site will be error-free or that this Site will operate without interruption.  Pensacola Energy disclaims all warranties, or conditions of merchantability, fitness of a particular purpose or non-infringement.  Pensacola Energy will not be responsible for any damages whatsoever, including without limitation direct, indirect, special, incidental, and consequential or punitive damages, arising out of or in connection with the use or inability to use this Site.

 

  1. Indemnity

You agree to defend, indemnify and hold harmless Pensacola Energy, its representatives, officers, directors, and employees from all liabilities, claims, costs, and expenses, including attorney’s fees, that arise from your use of the Site, your posting, downloading or transmission of communications or material on this Site, or from your violation of applicable law.

 

  1. Compliance with Laws

You agree to use this Site and any Content from this Site only for lawful purposes.

 

  1. Choice of Laws

 

The laws of the State of Florida and the laws of the United States of America applicable therein shall govern any dispute relating to the use of this Site, including without limitation the interpretation of these Terms, despite any conflict of laws/provisions in force where you live or the physical location of your computer system.  You hereby consent to the jurisdiction of the courts of the State of Florida in any action or dispute relating to your use of this Site.

 

  1. Injunctive Relief

 

In the event you breach or threaten breach of this Agreement, you acknowledge and agree that Pensacola Energy will be greatly and irreparably damaged and the damage will be difficult to quantify.  Therefore, Pensacola Energy may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision will apply the laws of its own jurisdiction in determining whether Pensacola Energy will be granted injunctive or other equitable relief to stop your breach or threat of breach, without impairing, invalidating, negating or voiding Pensacola Energy’s rights to relief either in law or at equity.

 

  1. Viruses

Pensacola Energy uses appropriate commercially available anti-virus software to ensure that this web site does not contain or carry viruses.  However, due to the rapidly developing nature of viruses and the Internet we strongly recommend that you employ similar anti-virus software when accessing the Pensacola Energy web site.  Pensacola Energy makes no warranty that the web site or e-mail correspondence is free from such viruses.

 

  1. Severability

The invalidity of any of the provisions of these Terms, as determined by a court of competent jurisdiction, shall not affect the validity of the remaining provisions.

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