TERMS OF USE & SERVICE AGREEMENT

Important!  These Terms of Use govern your use of this Site.  By Accessing this site, you are indicating your acknowledgment and acceptance of these Terms of Use.    Read this Terms of Use Agreement Before Accessing Website. Effective Date:  July 24, 2009  Revision:  1.1

This Terms of Use Agreement sets forth the standards of use of the Denby Energy, LLC website (www.denbyenergy.com) (the “site”).  By using the Denby Energy, LLC website http://www.denbyenergy.com you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Denby Energy, LLC website <http://www.denbyenergy.com>. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Copyright and Trademark Information.  The entire contents of the Site, including site design, text, graphics, interfaces, downloadable documents, materials and the selection and arrangements thereof, are protected by international copyright and trademark laws, with ALL RIGHTS RESERVED.  The owner of the copyrights and trademarks is Denby Energy, LLC, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING DOWNLOADS, TEXT, GRAPHICS, CODE AND/OR SOFTWARE.  You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Denby Energy, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Denby Energy, LLC.

Denby Energy (TM), and any Denby Energy logos appearing on the website http://www.denbyenergy.com/ are proprietary marks of Denby Energy, LLC. Denby Energy, LLC’s trademarks may not be used in connection with any product or service that is not provided by Denby Energy, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Denby Energy, LLC.

All other trademarks displayed on Denby Energy, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Denby Energy, LLC.

2. Notification of Claimed Copyright Infringement.  Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Denby Energy, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail: Denby Energy
14362 N. Frank Lloyd Wright Blvd
Scottsdale, AZ 85260
By Telephone: 480-477-6620
By Email: info@denbyenergy.com

3. Disclaimer of Warranties. The site is provided by Denby Energy, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Denby Energy, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site or the information downloaded or derived from the Site in terms of its correctness, accuracy, reliability, or otherwise.
4. Limitation of Liability. DENBY ENERGY, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DENBY ENERGY, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DENBY ENERGY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

5. Indemnification. Member agrees to indemnify, defend and hold harmless Denby Energy, LLC, its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors, suppliers and any third party information providers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees and costs, resulting from or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

6.  Modifications and Interruption to Service. Denby Energy, LLC reserves the right to modify or discontinue the Service with or without notice to the Member.
7. Third-Party Sites. Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.
8. Disclaimer Regarding Accuracy of Vendor Information. While Denby Energy, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
9. Governing Jurisdiction of the Courts, State of Arizona. Our website is operated and provided in the State of Arizona.
10. Other Terms. If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Denby Energy, LLC, in our sole discretion, to a third party in the event of a merger or acquisition.
11. Earnings and Income Disclaimers. Any earnings or income statements, or earnings or income examples, are only estimates of what we think you could earn. There is no assurance that you will do as well. If you rely upon these figures, you agree to accept the risk that you may not do as well.
You agree that our company is not responsible for the success or failure of your business decisions relating to any information presented by our company, or our company products or services.