Terms and Conditions
INITIAL NOTICE
Thank you for visiting the CODA Energy Holdings LLC (“CODA Energy”) website. This is a binding legal agreement; please read it carefully before using this website. By using this website, you are agreeing to these terms of use. If you do not agree to these terms of use, please close your browser and do not use this website.
LIST OF RESTRICTIONS
Neither this website nor any content on this website, including, but not limited to, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted, or redistributed, except that you may download one copy of such materials to your individual computer solely for your personal, non-commercial use. Please note that this also excludes any use by any governmental, educational, charitable, business or other institutional use that is not strictly a personal use by you.
Whenever you use any material from this website, you must strictly preserve any and all copyright and other proprietary notices appearing on such materials. To the extent you download any software from the website, such software, and all elements thereof, are licensed to you by CODA Energy for your personal use only.
You may not modify or prepare derivative works based upon the website, or any element of the website. You may not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise attempt to access the source code of any software downloaded from the website.
WEBSITE CONTENT
Any and all products and programs mentioned on this website are in all cases subject to availability, and subject to change without notice.
This site is intended only to provide you with information about our company and our planned product offerings.
While CODA Energy makes reasonable efforts to ensure that all information on this website is correct as of the date it is posted, CODA Energy cautions that its products and programs are under development and are constantly being refined and improved. Therefore, we stress that all information contained on this website is subject to change without notice and without obligation to any person.
RESERVATION OF RIGHTS
All rights, titles, and interests in and to this website are owned by CODA Energy. The website is protected by United States copyright law and international treaty provisions, including, without limitation, the Berne Convention. All trademarks, service marks, and trade names are proprietary to CODA Energy or to its affiliates, subsidiaries, parent entity or owners. In particular, the CODA logo, the word “CODA” in any form, any and all CODA product names, and any and all CODA advertising tag lines and slogans are trademarks of CODA Energy Holdings LLC, or its affiliates, subsidiaries, parent entity or owners. None of the items mentioned in this paragraph may be used without the prior written consent of CODA Energy Holdings LLC. All rights not expressly licensed to you as a user of this website are reserved by CODA Energy.
WARRANTY DISCLAIMERS
This website and all elements of this website are provided on an “AS IS” basis without warranty of any kind, express or implied. CODA Energy makes no representations whatsoever about the suitability for any purpose of the information, software, products and services contained on this website. CODA Energy disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. CODA Energy does not warrant that this website will operate or perform in a manner that is uninterrupted or error-free, or that the website or host server will be maintained free of viruses or other harmful code. CODA Energy makes no warranties that the information presented on this website is current, up-to-date, or accurate. (Some jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you.) The terms of these Website Usage Terms & Conditions shall be enforceable to the maximum extent permitted by applicable law.
LIABILITY LIMITATIONS
Under no circumstance and regardless of legal theory, whether in tort, contract or otherwise, will CODA Energy be liable to you or any other party for any indirect, special, incidental, reliance or consequential damages, however caused and regardless of character, including, without limitation, any damages relating to lost data, computer failure, computer malfunction or otherwise. (Some jurisdictions do not allow the limitation of liability for consequential or indirect damages, so the foregoing limitation may not apply to you.) The terms of these Website Usage Terms & Conditions shall be enforceable to the maximum extent permitted by applicable law. You agree to bear all risk related in any way to your usage of this website.
LINKS TO THIRD PARTIES’ WEBSITES
This website may contain hyperlinks, which may link you to other documents or websites that are operated by third parties other than CODA Energy. Such hyperlinks are provided solely for your convenient reference. CODA Energy does not control any website whatsoever other than this one, and is not responsible for the contents of any other website. CODA Energy’s inclusion of hyperlinks to other websites does not imply any endorsement of the operators of such websites, any material on such websites or any association with their operators. Accordingly, you agree to hold harmless CODA Energy, its direct or indirect parent companies, subsidiaries and affiliates; and the shareholders, officers, directors, employees and agents of any of them, against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from hyperlinking.
LIMIT TO YOUR MODIFICATION OF THESE TERMS & CONDITIONS
You have no right to modify any of these Website Usage Terms & Conditions. Likewise, no other person or entity has any authority whatsoever to modify or waive any of these Website Usage Terms & Conditions. These Website Usage Terms & Conditions may only be modified by CODA Energy; only in writing; and only through the posting by CODA Energy of modified terms and conditions on this website.
COMPLIANCE WITH EMBARGOS
This website is presented by CODA Energy from within the United States of America. CODA Energy makes no representation that materials in this website are appropriate or available for use in locations outside the United States. Neither this website, nor any underlying information or technology, may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United States has embargoed goods (for example, Cuba, Iran, Iraq and Libya) or to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using any element of the website, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the website.
GENERAL TERMS & CONDITIONS
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained anywhere in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement shall be deemed to have been made in the State of California, United States of America, and shall be interpreted, and the rights and liabilities of the parties to this Agreement determined, in accordance with the laws of that State, without regard to its conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts sitting in Los Angeles County, California, for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of such courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts, whether due to inconvenient forum or any other basis.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and CODA Energy LLC as a result of this Agreement or use of this website. You agree not to hold yourself out as a representative, agent, or employee of CODA Energy, and CODA Energy shall not be liable for any representation, act, or omission on your part.
CODA Energy’s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this Agreement is in derogation of CODA Energy’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by CODA Energy with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to any applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you and CODA Energy with respect to this website. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CODA Energy with respect to this website. Titles and headings used in this Agreement are for convenient navigation only and are of no legal significance or effect. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
INDEMNIFICATION
As a condition of your use of this website, you agree to indemnify CODA Energy, its direct or indirect parent companies, subsidiaries and affiliates; and the shareholders, officers, directors, employees and agents of any of them, against and from any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of this website.
Claims of Copyright Violations and Agent for Notice
The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located (for example, its URL), with enough detail that we may find it;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should be aware that there can be penalties for false claims under the DMCA.
Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
BY ADDRESS
Copyright Agent
CODA Energy Holdings LLC
135 E. Maple Ave
Monrovia, CA 91016
BY FAX
626-357-4169
BY EMAIL
copyrightagent@codaenergy.com
©2013 CODA ENERGY HOLDINGS LLC