Terms of Use

Last updated: June 23, 2014

Below are the Terms of Use (these "Terms of Use") and a reference to the Privacy Policy of Noesis Energy, Inc. ("Noesis" or "we") pertaining to your access to and use of the website located at www.noesis.com, including all associated links (collectively, the "Site"), any off-line software components involved in delivering the services on the Site (the "Desktop"), and all data, text, sound or video clips, flash animation, user or visual interfaces, trademarks, graphics, sounds, logos, and computer code (collectively, the "Content"), including, but not limited to, the design, organization, structure, selection, and general "look and feel" of the Content (the Site, Desktop, and Content, collectively, the "Service").

Please read these Terms of Use carefully. It is important to understand that these Terms of Use constitute a legally binding agreement between you, on your own behalf, and, if you are acting on behalf of an entity that employs you or you otherwise represent, such entity (collectively, "you" or the "Member") and Noesis. By registering or using the Service, you indicate your acceptance of and intent to be contractually bound by these Terms of Use, and you consent to enter into these Terms of Use in electronic form.  If you are using the Service on behalf of an entity that employs you or you otherwise represent, by your continued use, you further represent that you are legally authorized to bind that entity to these Terms of Use.  If you are not so authorized, you may not use the Site on behalf of that entity.  

We may revise these Terms of Use from time to time without notice and in our sole discretion. We will provide the most updated version of these Terms of Use at www.noesis.com (or such successor address as we may provide). Your use of the Service after we make any changes to these Terms of Use constitutes your acceptance of any such changes.

The Service is the property of Noesis and its licensors and is protected by applicable intellectual property law. Provided that you you register and use the Service and comply with these Terms of Use, Noesis grants you a personal, non-exclusive, non-transferable, non-assignable, limited privilege to use the Service on the terms and subject to the conditions set forth in these Terms of Use.

The Service is made available to you for:

your personal use;
your internal business use; or
if you are a Managed Service Provider ("MSP"), or a Value Added Reseller ("VAR"), use in the commercial support of your customers in compliance with all applicable laws, rules, and regulations.

If you want to use the Service in any other way, including but not limited to selling or distributing it, you must enter into a written agreement with Noesis or obtain Noesis's express prior written consent. Except as expressly provided in these Terms of Use, no part of the Service, no part of the Site, and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, or linked to in any way (including "mirroring" and "framing") to any other medium for publication or distribution or for any commercial enterprise, without Noesis' express prior written consent.

In our efforts to continually improve and update the Service, we may stop providing the Service temporarily, or we may stop providing the Service permanently, in either case without notice. You acknowledge and agree that, if Noesis disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other content that is contained in your account. In addition, the Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Noesis is not responsible for any delays, delivery failures, or other damages resulting from such problems.

The Service may not be used for any purposes other than those described above or in connection with any commercial projects other than those Noesis specifically endorses or approves. Except for distributions to your employees or independent contractors in compliance with these Terms of Use, you may not distribute or otherwise commercially exploit or make available to any third party the Service, or any part thereof, in any way.

You may not access the Service to monitor its availability, performance, or functionality, or for any other benchmarking or competitive purposes. Moreover, if you are one of our direct competitors, you may not access the Service without our express prior written consent. In addition, you may not change, reorganize, modify, copy, reverse engineer, or create derivative works from the Service or any part thereof in order to:

build a competitive product or service or a product or service using ideas, features, functions, or graphics that are similar to those of the Service;
remove, change, or replace any Noesis trademarks, logos, copyrights, or any other branding elements;
hide, obscure, disable, or otherwise render inoperable any portion of the user interface including, but not limited to, the display of advertisements and promotions within the Service, or
copy any ideas, features, functions, or graphics of the Service.

You may not use any automatic device, program, algorithm or methodology (e.g. "deep-link", "page-scrape," "robot," or "spider") or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Service, or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not intentionally offered with the Service. You may not use hacking, password "mining," or other illegitimate means to attempt to gain unauthorized access to any portion or feature of the Service, systems or networks connected to the Service or any of our servers, or services offered on or through the Service.

You may not harvest or collect user names, email addresses, or any other user or Member identifying information by electronic or other means for the purpose of sending unsolicited email or other communications or uses. Similarly, you may not copy or use personal identifying or business contact information about other users or Members without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited. You may not reverse look-up, trace, or seek to trace any information on any other user or visitor of the Service, or any other customer of Noesis, including any Noesis account not owned by you, to its source. You may not exploit the Service, or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Service. You may not probe, scan, or test the vulnerability of the Service or any network connected to the Service. You may not breach the security or authentication measures of the Service or any network connected to the Service.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Noesis on or through the Service or any service offered on or through the Service. You may not use the Service or any Content for any purpose that is prohibited by these Terms of Use or by applicable law or to solicit the performance of any illegal activity or other activity that infringes upon the rights of Noesis or others.

Access to and use of certain components of the Service will not require you to enter any identifying information or to take any action other than agreeing to these Terms of Use. Access to and use of some components of the Service will require you to enter a valid email address, and access to and use of certain other components of the Service will require you to open an account and register with Noesis (including setting up a Noesis ID, which must be a valid email address, and password). If you are asked to register, you must provide complete and accurate identification, contact, and other information that may be required as part of the registration process. Noesis reserves the right, in its sole discretion, to refuse or discontinue participation to any user or Member at any time.

If you chose to complete a user or company profile, you agree to accurately represent yourself, your background and experience, your work history and company affiliation, your certifications and areas of expertise, and any other personal or company information you chose to share. You also agree not to impersonate any person, company or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person, company or entity.

You are solely and entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Noesis immediately of any unauthorized use of your account or password, and of any other breach of security. You, not Noesis, will be responsible for losses incurred by Noesis or any other user or Member of the Service due to someone else using your Noesis ID, password, or account, whether such use is authorized or not.

You are solely and entirely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all your data, and Noesis shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any of this data. You shall not knowingly send or store spam, unlawful, infringing, obscene or libelous material, or viruses, worms, Trojan horses or other harmful code.

You may not use anyone else's Noesis ID, password, or account at any time without the express permission and consent of the holder of that Noesis ID, password, or account. Noesis will not be liable for any loss or damage arising from your failure to comply with these obligations.

A portion of the Service may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information. The manner, mode and extent of advertising by Noesis on the Service are subject to change without notice. In consideration for Noesis granting you access to and use of the Service, you agree that Noesis may place such advertising on the Service and you agree to receive passive solicitations (i.e. banner advertisements and other similar forms of solicitation) on the Site.

By providing us with your email address, you agree to receive all required notices electronically to that email address. From time to time, Noesis will also use the email address you provide to send you company updates, product or services announcements, as well as special offers and events of which we think you might like to be made aware. You can only opt in or out of Noesis communications by notifying us in writing (including by email) of that choice. You may stop using the Service at any time and are under no obligation to inform Noesis when you stop using the Service.

You acknowledge that Noesis (and its licensors, where applicable) own all right, title, and interest in and to the Service, portions thereof, or software or content provided through or in conjunction with the Service, including, without limitation, all Intellectual Property Rights in and to the Service and any suggestions, ideas, enhancements, requests, feedback, and recommendations or other information provided by you or any other party relating to the Service. As used in these Terms of Use, the term "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree not to (and agree not to allow third parties to) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service, or to extract significant portions of Service's files for use in other applications. You also agree (and will require third parties) not to remove, obscure, or alter Noesis' or any third party's copyright, trademark, or other proprietary rights notices affixed to or contained within, or accessed in conjunction with or through, the Service.

You are solely responsible for all content that you upload, publish, submit, share or display (hereinafter, "post") on or through the Service, or transmit to or share with other users or Members (collectively the "User Content"). You acknowledge and agree that you are prohibited from posting or transmitting, and you represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or transmitted by you through the Service will consist of, the following:

• any message or material that is libelous or defamatory, that discloses private or personal matters concerning any person, or that is otherwise unlawful;
  any message, data, image, or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, or racially or ethnically offensive;
  
• any message that encourages conduct that would be considered a criminal offense, could give rise to civil liability or violate any law, or that is otherwise inappropriate;
  except where expressly permitted, any charity requests, petitions for signatures; franchises, distributorship, sales representative agency arrangements or other business opportunities (including offers of employment or contracting arrangements), club memberships, chain letters, or letters relating to pyramid schemes;
  
• any advertising, promotional materials, or any other solicitation of other users or Members to use or buy products, goods, or services, except in those areas (e.g., a classified bulletin board) that are designated for such purpose; or
  any materials that violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

Notwithstanding the foregoing, you understand and agree that Noesis may review and may remove or delete any User Content in its sole discretion and without notice, including, without limitation, User Content that, in Noesis's sole judgment, violates these Terms of Use or might be offensive, illegal, or might violate the rights, harm, or threaten the safety of Members, users, or others. In addition, unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and community postings without notice and may result in termination of user or Member privileges.

By posting User Content to the Noesis Community pages; locations such as: Community and Blogs (but, for the avoidance of doubt, not any other User Content) to any part of the Service or the Site (each, a "Public Posting"), you automatically grant, and you represent and warrant that you have the right to grant, to Noesis an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Public Posting for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Public Posting, and to grant and authorize sublicenses of the foregoing.

Other than Public Postings, your User Content will not be available to any other User of the Site, unless you choose to share it with other Users using the tools available on the Site. Additionally, other than as described in our Privacy Policy, Noesis will not use any of your User Content without your express permission.

You also hereby grant each Member or user a non-exclusive license to access your Public Postings through the Service or the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Public Postings as permitted through the functionality of the Service and the Site and under this Agreement.

You may remove your User Content from the Site at any time. If you remove your User Content, the license granted above with respect to Public Postings will automatically expire. However, you acknowledge that this User Content may persist in backup copies or aggregate form for a period of time.

Our Service contains content created by us, third parties, and our users and Members. This content includes, among other things, reports, scripts, plug-ins, widgets, how-to projects, product reviews, white papers, and software downloads. It may also include information about products and services offered by parties other than Noesis, such as product descriptions, specifications, pricing, availability, and performance. We do not guarantee the accuracy, integrity, or quality of such content on the Site, and you may not rely on any of such content.

Without limitation, we are not responsible for postings by Members or users in the reports, scripts, plugins, widgets, product rating, product review, user opinion, message board, feedback, or any other sections of the Site. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimer of Warranties and Limitation of Liability sections below). You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor with whom you have contact through the Service that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.

The Desktop may communicate with Noesis' servers to check for available updates to the software, such as bug fixes, patches, enhanced functions, missing plugins and new versions (collectively, "Updates"). During this process, the Desktop sends Noesis a request for the latest version information. By installing the Desktop, you hereby agree to automatically request and receive Updates from Noesis' servers.

Some personal firewall programs may be configured in such a way as to prevent the Noesis Desktop from receiving these updates. If the computer on which you install Noesis is so configured, it may be necessary for you to make an exception entry in the configuration of the personal firewall program to allow the Noesis Desktop to successfully install and receive these updates.

Protecting our users' privacy is very important to us. As a condition of downloading and using the Service, you agree to the terms of the Noesis Energy Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. The most current version of the Noesis Energy Privacy Policy may be found at any time at www.noesis.com . Information collected by Noesis may be stored and processed in the United States or any other country in which Noesis or its agents maintain facilities. By using the Service you consent to any such transfer of information outside of your country.

Additionally, by using the Service, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Access to and use of many components of the Service is currently provided at no charge. However, Noesis may charge a fee for access to and use of certain value-added components of the Service. If you elect to use such components, you agree to pay the required fee as specified in the applicable registration and purchase pages. If you elect not to pay any fees charged by Noesis, Noesis shall have no obligation to provide those components of the Service to you. Noesis reserves the right to begin or continue charging for, modify the pricing of, add to, or discontinue some or all components of the Service without prior notice.

If a component of the Service requires a subscription fee, your account will automatically renew unless we terminate it or you notify us by telephone of your decision to terminate the service. You must cancel any such subscription before it renews in order to avoid billing of subscription fee for the renewal term to your credit card. All fees and charges are nonrefundable, and there are no refunds or credits for partially-used periods. If payment is made via a purchase order or check, you agree to remit the payment before the date specified on the invoice.

This Service may contain certain content, products, services, and links to other independent third-party websites ("Third-Party Materials"). These Third-Party Materials are provided solely as a convenience to users of the Service. Such Third-Party Materials are not under Noesis's control, and Noesis is not responsible for and does not endorse such Third-Party Materials or any information or materials contained on such Third-Party Materials. You will need to make your own independent judgment regarding your interaction with these Third-Party Materials. Noesis's privacy policy is applicable only when you are using the Service. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

During use of the Service, you may enter into correspondence with, purchase goods or services from, or participate in promotions of advertisers or sponsors showing their goods or services through the Service. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, are solely between you and the applicable third party. Noesis and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party. Noesis does not endorse any sites on the Internet that are linked through the Service. Noesis provides these links to you only as a matter of convenience, and in no event shall Noesis or its licensors be responsible for any content, products, or other materials on or available from such sites. Noesis provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different licenses or other terms prior to your use of or access to such software, hardware or services.

Noesis graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Noesis in the United States. Noesis's trademarks and trade dress may not be used, including as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Noesis's express prior written consent.

You will comply with all applicable laws and regulations regarding its use of the Service. Noesis and its licensors make no representation that the Service is appropriate or available for use in any certain location. The Service is controlled and operated from within the United States. Noesis makes no representations that materials contained within the Service are appropriate or available for use in other locations, and access to the Service from locations where such activity is illegal is prohibited. Those who choose to use the Service from other locations do so at their own initiative and are solely responsible for compliance with all applicable laws.

Noesis and any third party who makes its software or content available in conjunction with or through the Service disclaim any responsibility for any harm resulting from your use (or use by your employees, agents, or contractors or by any individuals or entities using the Service under your Noesis ID) of the Service or any third party software or content accessed in conjunction with or through the Service.

NOESIS AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NOESIS AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE AND SUCH THIRD-PARTY SOFTWARE OR CONTENT. NOESIS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE WILL CREATE OR GIVE RISE TO ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE SITE, ITS CONTENT AND COMPONENTS, AND THE SERVICE ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NOESIS DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT, COMPONENT, SITE, OR FEATURE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. NOESIS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL THROUGH OR FROM THE USE OF THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOUR SOLE REMEDY AGAINST NOESIS FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. THIS LIMITATION OF REMEDY IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SERVICE AND ALL THIRD PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SERVICE AND SUCH THIRD-PARTY SOFTWARE AND CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER NOESIS NOR ANY THIRD PARTY WHO MAKES ITS SOFTWARE OR CONTENT AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE SHALL BE LIABLE ON ACCOUNT OF ANY USE OR MISUSE OF THE SERVICE OR SUCH THIRD-PARTY SOFTWARE OR CONTENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOESIS OR SUCH THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, FROM INABILITY TO USE THE SERVICE AND ALL THIRD-PARTY SOFTWARE OR CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE AND ALL THIRD PARTY SOFTWARE AND CONTENT MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), OR ANY RELIANCE BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL CUMULATIVE COMBINED LIABILITY OF NOESIS AND SUCH THIRD PARTIES FOR DAMAGES EXCEED U.S. $[100.00].

Without limiting your liability as provided herein, by accepting these Terms of Use, you agree to indemnify and otherwise hold harmless Noesis and its affiliates, and its and their officers, partners, employees, agents, and other representatives, from any direct, indirect, incidental, special, consequential, or exemplary damages resulting from (i) your use of the Service and (ii) unauthorized access of the Service by you or as a result of the authorized or unauthorized use of your Noesis ID.

These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to the conflict of laws provisions of Texas or your state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

These Terms of Use, together with the Noesis Energy Privacy Policy and any other documents to which we have provided a link herein, constitute the entire agreement between you and Noesis with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Noesis.

If you have comments on the Service please contact us at Noesis Energy, Inc., 8303 North Mopac Expressway, Suite B230, Austin, TX, 78759. If you would like share any ideas with us on how we can improve our Service, please note that, by sharing those ideas, you grant Noesis and third parties permission to use and incorporate your ideas or comments into the Service (or third-party software or content) without further compensation or approval.

As stated above, the information contained in this web site is subject to change without notice.

Noesis Energy, Inc., 8303 North Mopac Expressway, Suite B230, Austin, TX, 78759.