1. Age Restrictions
2. Your Account, User Names and Passwords
You may be required to set up an account with Bolts Energy, LLC in order to access certain areas of the web site. You must be 18 years of age or older to register for an account and only one (1) account is allowed per person.
You are solely responsible for maintaining the security and confidentiality of your account and any password you use to access the web site. You agree not to transfer your password, user name, account or the use of your account, to any third party. You are also solely responsible for all interactions with the web site that occur in association with your password or user name. You agree to immediately notify Bolts Energy, LLC at the following email address email@example.com of any unauthorized use of your password or user name or any other breach of security related to your account or the web site from your account (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
3. Ownership of Materials, web site Access and Limited License
All of the web site’s content, including, without limitation, any materials, information, matter, files, text, data, graphics, logos, designs, pictures, photographs, images, illustrations, computer generated displays and interfaces, software, audio recordings, video recordings, audiovisual recordings, musical works, documents, articles, advertising copy and other works of whatsoever nature, is owned or licensed by Bolts Energy, LLC and protected by applicable U.S.A. and international copyright, trademark, patent and/or other intellectual property laws. The selection, coordination, arrangement and other compilation of the Materials on the web site is the exclusive property of Bolts Energy, LLC and is protected by U.S.A. and international copyright laws.
5. Blogs, Forums & Other Interactive Services or Areas
The web site may include discussion forums or other interactive areas or services, such as blogs, chart rooms, bulletin boards, online hosting or storage services, or other areas or services in which you or other parties create, post or store any content, messages, comments, materials or other items on the web site (Interactive Areas). You are solely responsible for your use of the web site’s Interactive Areas and use them at your own risk. By using any Interactive Areas you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the web site any of the following:
- Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photos, graphics, pictures, code, software or other works, content or materials (User Content) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, torturous, invasive of another person’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Bolts Energy, LLC in its sole discretion)
- User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law
- User Content that you do not have the right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property, content or proprietary right of any party; by posting User Content, you represent and warrant that you have the lawful right to transmit, distribute, reproduce and display such User Content
- User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations
- User Content that impersonates any person or entity (including, without limitation, a director, officer, employee, shareholder, agent or representative of Bolts Energy LLC, any of Bolts Energy LLC’s affiliates or any other person or entity) or falsely states or otherwise misrepresents your affiliation with Bolts Energy, LLC any of Bolts Energy, LLC’s affiliates or any other person or entity
- Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of commercial solicitation
- Private information of any other party, including, without limitation, phone numbers, postal addresses, email addresses, social security information, credit and debit card information and other financial institution account information
- User Content stalking or otherwise harassing another user of the web site or an employee of Bolts Energy, LLC or any of Bolts Energy LLC’s affiliates
- User Content that disrupts the web site or the servers or networks connected to the web site or collects or stores or attempts to collect or store personal data about the web site’s users
- Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs
- User Content that, in the sole judgment of Bolts Energy, LLC, is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the web site, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text) or may expose Bolts Energy, LLC or its users to any harm or liability of any type.
Please be aware that any User Content you post on the web site becomes public information and can be collected and used by others and may result in your receipt of unsolicited messages from third parties. Accordingly, we discourage you from posting on the web site any personal information that can be used to identify or locate you, such as your address and phone number. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE web site, YOU DO SO AT YOUR OWN RISK.
7. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act, 17 U.S.C. Â§ 512 (DMCA) provides recourse to copyright owners who believe their rights under the United States of America Copyright Act have been infringed upon by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on our web site in a way that may constitute copyright infringement, you may provide notice of your claim to our designated agent listed below (Designated Agent). For your notice to be effective, it must include the following information: (1) A physical or electronic signature of the owner of the exclusive right that is allegedly infringed upon or the person authorized to act on behalf of the owner; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on this web site; (4) Information reasonably sufficient to permit Bolts Energy, LLC to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) A statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Bolts Energy™’s Designated Agent for notice of claims of copyright infringement on the web site can be reached as follows: Chief Legal Officer Email: firstname.lastname@example.org. The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on our web site. All other inquires to the Designated Agent will not be answered.
8. Privacy and Protection of Personal Information
9. Risk of Loss
All purchases of items sold on the web site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery of the items to the carrier. We carefully pack products for safe shipping and check the carriers’ reliability and punctuality. However, we cannot guarantee that any damage to, or delay in the shipping of, products offered by us will not occur and you agree that we are not responsible or liable for any such damage or delay.
10. Product Descriptions
We attempt to make our product descriptions as accurate as possible. However, we do not warrant that the product descriptions or any other content on the web site is accurate, complete, reliable, current or error free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
11. Objectionable Content
You understand that by using this web site, the Materials or any services provided through the web site, you may encounter content that may be deemed by some to be offensive, indecent or objectionable, which content may or may not be identified as such. You agree to use the web site, the Materials or any services provided through the web site at your sole risk and that Bolts Energy, LLC and Bolts Energy™’s parent company, subsidiaries, affiliates, licensees, successors and assigns (the Bolts Energy, LLC Affiliated Parties) shall have no liability to you for any content that may be deemed offensive, indecent or objectionable.
12. Disclaimer of Warranties&
THIS WEB SITE IS PROVIDED BY BOLTS ENERGY, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BOLTS ENERGY, LLC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
BOLTS ENERGY, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION, SECURITY OR USE OF THE WEB SITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON THE WEB SITE OR THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICES, PRODUCTS, MATERIALS, USER CONTENT OR OTHER ITEMS OFFERED OR INCLUDED ON THIS WEB SITE. BOLTS ENERGY, LLC DOES NOT WARRANT THAT ANY FUNCTIONS, INACCURACIES OR TYPOGRAPHICAL ERRORS IN THE MATERIALS OR USER CONTENT WILL BE REPAIRED OR CORRECTED OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOLTS ENERGY, LLC IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, COMPUTER SYSTEM OR PORTABLE DEVICES RESULTING FROM USE OF THE WEB SITE OR ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEB SITE, INCLUDING, WITHOUT LIMITATION, TO DAMAGES FROM ANY SECURITY BREACH, VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER MALFUNCTION.
BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
14. Online Conduct
You agree to use the web site, the Materials and any products and/or services provided through the web site only for lawful purposes. Unacceptable uses of the web site include, without limitation: (i) planning or engaging in any illegal activity; (ii) posting, transmitting or disseminating any threatening, false, misleading, abusive, harassing, defamatory, grossly offensive, vulgar, obscene, scandalous, pornographic or malicious statements or materials; (iii) creating, disseminating or transmitting files, graphics, software, recordings or other materials that actually or potentially violate any law or infringe upon the intellectual property, privacy, publicity or other rights of any third party; (iv) creating a false identity or otherwise attempting to mislead any person as to the origin or source of any communication or information; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the web site or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, Easter eggs, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (viii) modifying, adapting, translating, replacing, reverse engineering, decompiling or disassembling any portion of the web site; (ix) causing to appear on the web site any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements or anything else which minimizes, covers or otherwise inhibits the full display of the web site’s pages; (ix) using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent or other similar automatic device, program, algorithm or methodology to access, copy, acquire, input or store information, generate impressions or clicks, search or generate searches, or monitor any portion of the web site, the Materials or any User Content or (x) engaging in any other activity deemed by us to be in conflict with the spirit or intent of the web site.
17. Revisions to the web site
We reserve the right at any time and from time to time, temporarily or permanently, to: (i) modify or discontinue the web site or any services offered through the web site without notice to you; (ii) limit the web site’s availability to any persons, geographic areas or jurisdictions we choose; (iii) charge fees in connection with the use of the web site and modify and/or waive any such fees and/or (iv) offer opportunities to some or all of the users of the web site. You acknowledge and agree that neither Bolts Energy, LLC nor any of the Bolts Energy, LLC Affiliated Parties shall be liable to you or to any third party for any modification, suspension or discontinuance of all or any portion of the web site, the Materials or any services offered through the web site.
We reserve the right to monitor all network traffic to the web site to identify and/or block unauthorized attempts to: (i) upload content to the web site; (iii) modify the web site’s Materials or any User Content and/or (iii) cause damage to the web site in any fashion. Anyone using the web site expressly consents to such monitoring.
You agree to indemnify, defend and hold Bolts Energy, LLC the Bolts Energy, LLC Affiliated Entities and the officers, directors, employees, representatives and agents of each (collectively referred to as the Bolts Energy, LLC Indemnified Parties) from and against any and all costs, expenses, fees, including, without limitation, attorneys’ fees, charges, expenditures, damages, liabilities and/or other losses of whatsoever nature incurred by any of the Bolts Energy, LLC Indemnified Parties with respect to, arising from or out of any claim relating to your: (i) use of the web site or the Materials (including, without limitation, to your posting of any User Content on the web site); (ii) violation of these Terms and Conditions or (iii) violation of any law or infringement of the intellectual, property, privacy, publicity or other rights of any third party.
20. Governing Law, Venue and Jurisdiction
21. General Provisions
22. Rules for Sweepstakes, Contests and Similar Promotions