The Terms and Conditions below, together with any applicable Research Agreement, govern your use of the digital information services which are accessed via, though not limited to, the Energy Capital Research Group, LLC (ECRG) website (“the Site”).
Please read the Terms and Conditions and any applicable Research Agreement carefully. If you do not agree to the Terms and Conditions contained in both documents, do not use this site. By accessing content contained on the Site constitutes your agreement to these terms. If ever in conflict, to the extent of such conflict, the terms of any applicable Research Agreement will take precedence over any other terms of the Terms and Conditions and are incorporated herein.
ECRG may modify these Terms and Conditions at its discretion and without notice.
This Site and services herein are provided by ECRG on an “AS IS” and “AS AVAILABLE” basis at your sole risk with no warranties whatsoever. ECRG expressly disclaims any and all warranties, express or implied, including, without limitation, conditions of satisfactory quality, merchantability or fitness for a particular purpose whether implied by law or otherwise. ECRG does not know the purpose for which you are using the Products and therefore does not warrant or represent that the Products or other content are sufficient or appropriate for such purpose or your requirements. ECRG represents that it has used reasonable efforts to obtain the factual information contained in the Products from sources deemed by it, in its discretion, to be reliable at the time such information was obtained, but ECRG makes no warranties or representations about the accuracy or completeness of such information. ECRG also represents that it has used reasonable skill and care in creating the Products, but ECRG makes no warranties or representations about the accuracy or completeness of the Products or about the content of such, including without limitation the interpretations it has made regarding the factual information in the Products. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or content available on the Site and within ECRG’s Products. Should you believe that any information available on the Site is inaccurate, please contact us at the following email address: email@example.com in order to allow us to investigate and update the information, if appropriate.
The Information on this Site and in ECRG’s Products is to be used for your limited general research purposes only and does not include and shall not be taken to include advice concerning investments, the merits of, or a recommendation in relation to, buying, selling, and subscribing of any financial investments of any kind.
ECRG anticipates that the content maintained on the Site will be revised, but shall be entitled, in its sole discretion, to revise such Product, and shall not be obligated to revise any Product even though ECRG may be aware that the information or interpretation contained in such Product is no longer accurate or no longer reflects the judgment of ECRG. ECRG shall not have any responsibility to maintain the data and services made available on this Site or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.
3. Intellectual Property Rights
At all times, ECRG shall retain title to and ownership of all intellectual property rights in the Products and the Site (the “Materials”). You shall have no rights in any of the foregoing unless expressly granted by ECRG.
You shall not alter, obscure, remove, interfere with or add to any of the trademarks, trade names, markings or notices affixed to or contained in the Products or the Site and shall ensure that all those trademarks, trade names, markings and notices are reproduced completely and legibly on all copies of the Products. If you desire to excerpt any portion of a Product or utilize any information contained in a Product, you may only do so in accordance with the terms of the applicable Research Agreement. You shall accompany such excerpt or information with an attribution of such portion of a Product or such information to ECRG. The form of such attribution shall be substantially as follows: “The foregoing [chart/graph/table/information] was obtained from [name of Product] TM, a product of ECRG.” If you desire to excerpt any portion of a Product for other purposes, you may only do so if you have first obtained ECRG’s prior written consent (which ECRG may withhold in its absolute discretion).
The terms contained in Terms and Conditions and Research Agreement are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described therein, and all rights not expressly granted herein are reserved by ECRG. You are required to read and abide by any additional terms and conditions that may be posted on this Site periodically.
4. Linking Policy
This service may provide links to certain Internet sites (the “Third Party Sites”) sponsored and maintained by third parties. ECRG is providing such links solely as a convenience to you. Accordingly, ECRG makes no representations concerning the content of the Third Party Sites. The fact that ECRG has provided a link to the Third Party Site does not constitute an endorsement, authorization, sponsorship, or affiliation by ECRG with respect to the Third Party Site, its owners, or its providers. ECRG has not tested any information, software, or products found on any of the Third Party Sites and therefore do not make any representations with respect thereto, including any representations regarding the content or sponsors of the Third Party Site, or the suitability or appropriateness of the products or transactions described therein.
You may link to this Site, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation. This Site must not be framed on any other site, nor may you modify this Site when linking to it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. ECRG reserves the right to withdraw any linking permission without notice and require you to remove any existing links.
5. Limitation of Liability
ECRG MAKES NO REPRESENTATION OR WARRANTY REGARDING THE DATA, THE JUDGMENTS OR THE OPINIONS CONTAINED IN THE PRODUCTS EXCEPT AS EXPRESSLY SET FORTH THEREIN. ECRG employees are not permitted to give any investment advice or recommendations on the sale or purchase of any securities, debt instruments, derivatives, futures, shares, assets and similar financial instruments. Should you take any such action or decision based on written information in a Product, you do so entirely at your own risk and ECRG shall have no liability whatsoever for any loss, damage, costs or expenses incurred or suffered by you as a result.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF ANY CLAIM ARISING OUT OF OR RELATING TO THE ONLINE SERVICES OR MATERIALS OR THIS SUBSCRIPTION AGREEMENT EXCEED THE AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID PURSUANT TO THE RESEARCH AGREEMENT. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER YOU NOR ECRG WILL BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE ONLINE SERVICES, MATERIALS, OR THE FAILURE OF ANY PARTY TO PERFORM ITS OBLIGATIONS. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO A PARTY’S INDEMNITY OBLIGATIONS OR YOUR (AND YOUR DESGINATED USERS’) INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO ECRG OR ITS THIRD PARTY SUPPLIERS.
ECRG shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between ECRG and you, regardless of whether the connection or communication service is provided by ECRG or a third party service provider. ECRG shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Site or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will ECRG be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Site, even if ECRG has been advised of the possibility of such damages. ECRG will have no responsibility to inform you of any difficulties experienced by ECRG or third parties with respect to the use of the services or to take any action in connection therewith.
6. Client Product Access and Security of the Site
Access and use of each Product from the Site is limited to the designated users as specified in the relevant Research Agreements. Designated users shall protect and keep confidential each user name and password associated with the Products. Designated users may not disclose or distribute any user names and passwords or permit any of such to be disclosed or distributed, to any person except as expressly permitted in the Research Agreement. Designated users may not copy or use any user name or password, or permit such to be copied or used, so as to allow persons to gain access to the Site or any Product, except those persons expressly permitted hereunder. As a designated user, you must notify ECRG immediately if you become aware of any unauthorized use of your user name and password or any other breach of security regarding access and use of the Products that becomes known to you.
ECRG makes no warranty whatsoever to you, express or implied, regarding the security of the Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service.
ECRG assumes no responsibility and shall not be liable for any damages that may infect computer equipment or other property of designated users on account of their access to, use of, or browsing of this Site or the downloading of any materials, data, text, images, video or audio from this Site. ECRG in no event accepts any responsibility for any injury, loss, claim, damages or any special, exemplary, punitive, indirect, incidental or consequential damage of any kind arising from the use of this Site.
As a result of high Internet traffic, transmission problems, systems capacity limitations, and other problems, you may, at times, experience difficulty accessing the Site or communicating with ECRG through the Internet or other electronic and wireless services. Any computer system or other electronic device, whether, it is yours, an Internet service provider’s or ECRG can experience unanticipated outages or slowdowns, or have capacity limitations. ECRG shall maintain each Product on the Site until the expiration of the Subscription Period for that Product and will maintain the computers that serve the Site so that the Site is available to ECRG’s internet service provider at all times except for periods of routine or extraordinary maintenance and for periods during which, due to circumstances beyond the reasonable control of ECRG, the Site is not so available.
7. Governing Law and Jurisdiction
These Conditions of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of the State of Maryland. Both parties agree to the exclusive jurisdiction of the Maryland courts, except that ECRG may pursue injunctive relief or similar to enforce the provisions of these Conditions of use in any appropriate forum.
All notices and other communications hereunder shall be in writing or displayed electronically on the Site. Notices shall be deemed to have been properly given on the date deposited in the mail, if mailed; on the date first made available, if displayed in the Site; or on the date received, if delivered in any other manner.
These Terms and Conditions along with the applicable Research Agreement constitutes the entire agreement of the parties with respect to its subject matter and replaces and supersedes any prior written or verbal communications, representations, proposals or quotations on that subject matter.
9. Additional Information
Additional information on these Terms and Conditions of use or any questions on them are available by contacting ECRG at firstname.lastname@example.org.