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TERMS OF NRG SERVICES, LLC WEBSITE USE

     Your access to NRG SERVICES’ Website(s) is conditional upon and limited by the terms of this Website Access Agreement as follows.  When you visit or use our sites, you agree to be bound by the terms and conditions set forth herein or incorporated herein by reference.  NRG SERVICES reserves the right to amend or modify the terms hereof at any time in its sole discretion.  If and when we amend or modify these provisions, we will notify you by posting the amended or modified terms on this website.  Amendments and modifications are effective upon such posting.

     1.   Service and Product Information.

     NRG SERVICES attempts to use its best reasonable efforts to provide information about its services and products that is up to date and accurate, but we do not warrant such information to be so.  Pricing errors may be corrected by NRG SERVICES at any time any way up to and including canceling your order.  We would appreciate you notifying us if you see an error.

     2.   Warranty Disclaimer.

     NRG SERVICES disclaims all warranties, express or implied, including without limitation implied warranties of merchantability and/or fitness for a particular purpose as to the information, content, services and products on our website.  We do not warrant the site information to be error free or up to date or that downloads from the site will be free of viruses, worms, Trojan horses or other destructive codes.  Nor do we warrant or represent that our website or servers are immune from hacking or other unauthorized access or that your access and use of the site will be uninterrupted, free of errors, or otherwise meet your requirements.

     3.   Limitation of Liability.

     In no event shall NRG SERVICES be liable for any direct, indirect, special or consequential damages or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract warranty, tort, including but not limited to negligence or otherwise, arising out of or in any way connected with (a) the use or inability to use our Website(s) or the content, materials, information or transactions provided on or through the sites, or (b) any claim attributable to errors, omissions, or other inaccuracies in the sites or the content, materials, information, products, or services on or available through the sites, even if NRG SERVICES or its authorized agents have been advised of the possibility of such damages.

     In no event shall the aggregate liability of NRG SERVICES whether in contract, warranty, tort, including negligence whether active, passive, or imputed, product liability, strict liability, or any other theory, arising out of or relating to the use of NRG SERVICES’ sites, exceed $10.00 or the amount you paid NRG SERVICES, whichever is less. 

     In states that do not allow limitations on damages or implied warranties, NRG SERVICES’ liability is limited to the greatest extent permitted by such state’s law.

     4.   Change of Site Content.

     NRG SERVICES reserves the right to change, including delete, any and all content contained on our websites at any time without notice.  Reference to any product, service or other information, by manufacturer, trade-name, supplier or otherwise does not constitute or imply our endorsement or recommendation thereof.

     5.   Copyright Protection.

     All materials on our websites, including format, design, text, photos, graphics, sound files and other files are ALL RIGHTS RESERVED copyright © 2010 NRG SERVICES, LLC.  By this limited license, you may personally access the websites and print materials only for your personal and non-commercial use.  No other use of our websites is granted to you nor are you granted any other right or license, express or implicit or otherwise, to use our sites.  Unauthorized use of our websites terminates the limited license allowing you access to our websites and may violate applicable laws governing copyrights and communications.


     6.   Username/Password.

     In order to access some areas of our websites you will need a username and password.  As with all usernames and passwords, you are responsible for protecting the confidentiality of yours and you are responsible for all transactions and other actions that take place under your username and password.  If you believe the confidentially of either or both your username and password have been compromised, you must notify us as soon as possible so that we may take remedial action that we believe in our sole discretion to be necessary.  We will never be liable to you for any damage or injury arising or resulting from our actions or omissions under this provision or from any confidentiality breach or unauthorized access of your password or account.

     7.   Prohibited Use.

     (a)  You shall not use our websites for spamming of any sort, chain letters, junk mail, advertising, market research, surveys of any kind, nor for distribution lists or third party use of websites.

     (b)  You shall not use our websites to transmit, or allow another to transmit, any unlawful, harassing, defamatory, harmful, threatening, salacious, abusive, vulgar, obscene, or other objectionable material or content of any kind. us.

     (c)  You shall use our websites only for lawful purposes, and your use must be in compliance with all applicable laws including, without limitation, trademark, copyright, intellectual property, obscenity and defamation laws.

     8.   Boilerplate Provisions.

     (a)  This agreement is governed by the laws of the State of Wyoming excluding its conflicts of law principles.  Exclusive jurisdiction and venue for any suit arising or resulting from this agreement shall be the appropriate court of record in Uinta County , Wyoming .

     (b)  Any waiver by us of any provision of this agreement must be in a writing signed by us.

     (c)  No provision of this agreement shall be changed by the course of conduct between you and us or by usage in the wireless trade.

     (d)  This agreement may be terminated by either party at any time.

     (e)  In the event a provision of this agreement shall be deemed void, unlawful or otherwise not enforceable, then such provision shall be deemed severed from this agreement and shall not affect the enforceability or validity of the remaining provisions.

     (f)  If you violate this agreement, you shall indemnify, defend and hold us harmless from any liabilities, damages, losses and attorney fees resulting from such violations.

     (g)  You may not assign this agreement, but it is binding on your heirs, successors and any permitted assignees.


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