TERMS AND CONDITIONS OF USE FOR HARTENERGY.COM
These Terms and Conditions of Use (the "Terms and Conditions") for HartEnergy.com (the "Website") are between a user of the Website ("User") and Hart Energy Publishing, LLLP ("Hart Energy").
Access to the Website or use of the Website content constitutes User's agreement with these Terms and Conditions. User acknowledges that User has read these Terms and Conditions and that User accepts the terms thereof. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. Hart Energy reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time. Notification of changes in these Terms and Conditions will be posted on the Website, and User's continued use of the Website affirmatively indicates User's acknowledgment of such changes and User's agreement to be bound by the Terms and Conditions as modified.
Unless otherwise agreed in writing, User's right to use the Website is not transferable and is subject to any restrictions established by Hart Energy.
Hart Energy may change, suspend, or discontinue any aspect of the Website at any time, at its sole discretion, without prior notice and without liability to User or any third party for such change, suspension, or discontinuance. Hart Energy may also impose limits on certain features and services or restrict User's access to parts or all of the Website without notice or liability.
SHOULD USER OBJECT TO ANY OF THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT CHANGE OR MODIFICATION TO THESE TERMS AND CONDITIONS, OR SHOULD USER BECOME DISSATISFIED WITH THE WEBSITE IN ANY WAY, USER'S ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE. SO LONG AS USER CONTINUES TO USE THE WEBSITE, HART ENERGY WILL CONTINUE TO RELY ON USER'S FULL AND UNQUALIFIED ACCEPTANCE AND COMPLIANCE WITH THESE TERMS AND CONDITIONS.
ACCESS TO THE WEBSITE
User shall not have the right to sell, license, market, or lease the Website content to any party whatsoever without the prior written consent of Hart Energy. User shall not have the right to distribute the Website content in any manner to any third party or unauthorized user.
User hereby acknowledges that, as between Hart Energy and User or any party acting through User, all title to and ownership of the Website and its content remains vested in Hart Energy and nothing in these Terms and Conditions serves to transfer such ownership or title to User or any party acting through User. All copies and representations of content from the Website, including merged or modified portions, shall as between User and Hart Energy remain Hart Energy's exclusive property, shall continue to be subject to these Terms and Conditions, and shall contain all Hart Energy copyright and other proprietary notices.
User agrees to use the Website only non-commercially, and only for User's bona fide development or legitimate business purposes in accordance with these Terms and Conditions. User shall use all reasonable endeavors not to permit or allow the Website to be used by any party whatsoever for purposes not connected with User's non-commercial, legitimate business purposes.
User agrees to report promptly to Hart Energy any observed violation of the above. User agrees that the Website shall not be used in any manner or for any purpose other than the permitted purposes as expressly described in these Terms and Conditions.
User shall notify the Website's Webmaster of any known or suspected unauthorized use(s) of the Website through User's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User's means of access.
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
User may not share User's means of access with others. User acknowledges that User is responsible for all usage or activity on User's Website account, including such use of the account by any third party. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's account, at Hart Energy's sole discretion, and User may be referred to appropriate law enforcement agencies. User agrees to indemnify, defend, and hold Hart Energy harmless against liability for any and all use of User's account.
AUTHORIZED USAGE OF THE WEBSITE CONTENT
The contents of the Website are intended for the benefit of User's legitimate non-commercial business. All materials displayed on the Website (including, but not limited to articles, reports, photographs, images, illustrations, audio clips and video clips, each also known as the "Content") are protected by copyright, and owned or controlled by Hart Energy or the party credited as the provider of the Content, software, or other materials. Users shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website. User acknowledges that he/she has no claim of ownership or other right to any Content by reason of its access, use, or otherwise.
The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Copying or storing of any Content for other than User's legitimate non-commercial business end-use is expressly prohibited without the prior written permission of Hart Energy or the copyright holder identified in the individual Content's copyright notice. IN NO EVENT SHALL USER ALTER OR DELETE ANY AUTHOR ATTRIBUTION OR COPYRIGHT NOTICE.
Except as specifically provided in these Terms and Conditions, User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, display, or in any way exploit, any of the Content, software, materials, or the Website in whole or in part. No use is permitted which benefits any party other than Hart Energy or User.
Hart Energy products referenced in HartEnergy.com are either trademarks or registered trademarks of Hart Energy Publishing, LLLP. Other featured logos, product and company names are or may be service/trademarks of their respective owners.
WARRANTY AND AVAILABILITY OF SERVICE AND LINKS
Neither Hart Energy nor HartEnergy.com represents or endorses the accuracy or reliability of any advice, opinion, statement, or other information displayed, downloaded, uploaded, or distributed through the Website by any user, information provider, or any other person or entity. User acknowledges that any reliance upon any such opinion, advice, statement, or information shall be at User's sole risk. Hart Energy reserves the right but not the obligation, in its sole discretion, to correct any errors or omissions in any portion of the Website.
THE WEBSITE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON-INFRINGEMENT, OR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE WEBSITE OR ANY MATERIALS OBTAINED THROUGH THE WEBSITE ARE VIRUS-FREE OR ERROR-FREE. NEITHER HART ENERGY NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE CONTENT SHALL BE LIABLE UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) FOR ANY LOSS OR DAMAGE THAT MAY ARISE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, USER's INABILITY TO USE, OR USER's USE OF THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, ECONOMIC, LOST PROFIT, OR CONSEQUENTIAL DAMAGES, OR OTHER KIND OF LOSS OR DAMAGE WHATSOEVER, EVEN IF HART ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL USER BE ENTITLED UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE) TO ANY MONETARY DAMAGES IN EXCESS OF ANY FEE PAID BY USER FOR USE OF THE WEBSITE DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. USER'S RIGHT TO MONETARY DAMAGES IN SUCH AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES THAT USER MAY HAVE OTHERWISE HAD AGAINST HART ENERGY. USER EXPRESSLY ACKNOWLEDGES THAT USE OF THE WEBSITE IS AT USER'S SOLE RISK.
The Website contains links to other related Internet sites, resources, and sponsors of the Website. Hart Energy is not responsible in any way for the availability of these outside resources or their contents. User should direct any concerns regarding any external link to that link's site administrator or webmaster.
Hart Energy is not responsible for the contents of any linked site or any link contained in a linked site. Hart Energy is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Hart Energy of the linked site or its contents.
These Terms and Conditions shall be construed and enforced in accordance with Texas law. Any action to enforce these Terms and Conditions shall be brought in the federal or state courts located in Houston, Texas.
Any rights not expressly granted to User in these Terms and Conditions are reserved to Hart Energy.
Any failure by Hart Energy to enforce any provision of these Terms and Conditions shall not be construed as a continuing waiver of any rights under such provision.
These Terms and Conditions represent the entire agreement between Hart Energy and User concerning User's use of the Website and supersede any prior understanding or agreement whether oral or written.
You may cancel your Monthly or Annual Subscription at any time by contacting customer service at 713-260-6442. At the time of cancellation, your account will be removed from automatic renewal for the upcoming term.
When you cancel a subscription, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period.
Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle. You will continue to have the same access and benefits of your product for the remainder of the current billing period.
Print subscriptions - standard shipping costs are included in the subscription price. Please contact us for additional charges related to first class and/or expedited delivery. Your subscription will begin with the next published issue.
Digital subscriptions - access to your new subscription will commence upon successful authorization of your credit card. You will receive an email with your username/password details confirming start of service.
1616 S Voss, Suite 1000
Houston, TX 77057
CONFERENCE TERMS AND CONDITIONS
1) Offer and Acceptance. Customer’s submission of the 2023 Conference Agreement, with or without a deposit, shall constitute an offer from customer into such agreement with Hart Energy Publishing, LLC (“Hart Energy”). Such offer can only be accepted by Hart Energy’s signing such Agreement at Hart Energy’s place of business in Houston, Texas, USA. After signing in Houston, Texas, USA, Hart Energy will send to Customer a fully signed copy of the Agreement, which sending shall constitute Hart Energy’s acceptance and cause the Agreement as a whole to become effective.
2) Soliciting/Social Functions. Customer is prohibited from distributing (i) items at the conference other than as provided for in the Conference Agreement, and (ii) items that are other than Customer’s own materials; in each case, unless Customer has obtained Hart Energy’s prior written approval. These prohibitions apply before, after, or during the Event’s official hours. Canvassing at any time during the Event or distribution of advertising matter, souvenirs, or any other items whatsoever by anyone who is not a paid customer is strictly forbidden. Customer is prohibited from taking photographs of other than Customer’s product selected above, without Hart Energy’s prior written approval. Provided Customer has obtained prior written permission from Hart Energy, Customer may conduct social functions in public areas of the Event venue, the host hotel, or other properties in the vicinity of the Event as long as such functions do not conflict with scheduled Event programs or activities.
3) Customer’s Materials. Customer’s materials will not be permitted to interfere with any other products at the conference itself, or to impede access to event or the free use of aisles. All demonstrations and the distribution of conference promotional materials must be in accordance with this Agreement. Distribution of food or promotional giveaways must be approved in advance of the conference by Hart Energy Publishing, LLC. Customer agrees to deliver to Hart Energy Publishing, LLC all materials reasonably required for the performance of the Agreement, including but not limited to an electronic copy of Customer’s logo, in a format and within the deadlines set by Hart Energy. Customer understands and agrees that upon initial proofing of Hart Energy Publishing, LLC’s use of Customer’s logo on Customer’s materials provided by Hart Energy Publishing, LLC in accordance with the Agreement and written approval confirmation from Customer on such proof, any modification or revision of Customer’s logo, trade name or trademark in the conference materials requested by Customer is at the sole responsibility and direct cost of Customer. Customer understands and agrees that upon initial proofing of Hart Energy Publishing, LLC’s use of Customer’s logo, any modification or revision of Customer’s logo, trade name or trademark in the Conference materials is at the sole responsibility and direct cost of Customer. Customer grants to Hart Energy Publishing, LLC a fully-paid, perpetual, worldwide, non-exclusive license to use, display, and reproduce (in print, electronically, or otherwise stated) Customer’s name, trade names, logos, and product names in any listing of those customers in the conference and in conference promotional materials. In addition, Customer authorizes Hart Energy Publishing, LLC to take photographs of Customer’s product and staff during, before, or after the Conference and to use such photographs for any legitimate promotional purpose of Hart Energy Publishing, LLC.
4) Applicable for Exhibit product packages only. Arrangements of Exhibits. Exhibits shall be so arranged as not to obstruct the general view nor hide the exhibits of others. Plans for specially built displays not in accordance with these conference terms and conditions set forth in the Exhibitor Service Kit must be submitted to Hart Energy Publishing, LLC before construction is ordered and/or begun. The Exhibitor Service Kit will be supplied to customer approximately four months before the Exhibition. With or without prior inspection, Customer understands that by signing the Conference Agreement form, Customer agrees to be bound by the Exhibitor Service Kit, which shall form part of the Agreement. Exhibitor Personnel and Others. Technical specialists, qualified to discuss engineering details of their products, must man booths at all times during exhibition hours. Hart Energy Publishing, LLC reserves the right to prohibit an exhibit or part of an exhibit that, in Hart Energy Publishing, LLC’s sole discretion, may detract from the character or nature of the Exhibition. Unoccupied Space. If any of Exhibitor’s space remains unoccupied on opening day of the Exhibition, Customer shall be deemed to have abandoned such space. Thereafter, Hart Energy Publishing, LLC shall have the right to rent such space to any other customer, or use such space in any other manner as Hart Energy Publishing, LLC deems necessary, in its sole discretion, without any obligation to Customer. This Section shall not be construed as affecting the obligation of customer to pay the full amount specified in the Conference Agreement for space rental.
5) Copyrighted Material. Customer agrees not to play, broadcast, perform, or distribute any copyrighted material owned by others without first obtaining (at its own expense) all necessary rights and licenses and paying in full all required royalties or other fees. Hart Energy reserves the right to remove any customer material incorporating copyrighted material for which such Customer fails to timely provide sufficient evidence of authorization. Hart Energy Publishing, LLC also reserves the right to revoke the agreement as a result of the extent of such copyright infringement.
6) Remedies. If Customer fails to make any payment or otherwise breaches any provision of the Agreement, and fails to cure within a reasonable time (as defined in the next sentence) after Customer has received written notice from Hart Energy Publishing, LLC specifying the breach, Hart Energy Publishing, LLC shall have the right to exercise (without further notice) any one or more of the following remedies at any time after such reasonable time has passed: (i) cancel the Agreement; (ii) revoke the products or any portion thereof; (iii) have any of the Agreement’s violated provisions specifically enforced; and (iv) exercise any other remedy available by rule of law. By “reasonable time” is meant: (i) immediately, in the case of any breach occurring not more than five (5) days before or during the Event; (ii) 24 hours, in the case of any failed payment; and (iii) 5 days, in the case of any other breach. In addition, Hart Energy Publishing, LLC may keep any and all monies received from Customer as liquidated damages, it being understood that Hart Energy Publishing, LLC’s losses and damages from Customer’s breach of the Agreement are difficult to ascertain and that the agreed liquidated damages are not intended as a penalty. Upon cancellation of the Agreement, Hart Energy Publishing, LLC may (without prejudice to any other available remedy) resell the product in any other manner as Hart Energy Publishing, LLC deems advisable in its sole discretion, without any obligation to Customer.
7) Liability. Neither Hart Energy Publishing, LLC nor its agents or representatives will be responsible for any injury, loss, or damage that may occur to Customer or to Customer’s employees, invitees, licensees, or guests, or Customer’s property, from any cause whatsoever (including but not limited to errors or omissions in any Event promotional materials). Under no circumstances shall Hart Energy Publishing, LLC or its agents or representatives be liable for (i) any special, indirect, incidental, or consequential loss or damage whatsoever, or (ii) any loss of profit, loss of use, loss of opportunity, or any cost or damage resulting from any such loss. Customer acknowledges that the risk allocations of this Section are reasonable based on the understanding that Customer shall obtain, at its own expense, adequate insurance against any such injury, loss, or damage. Anyone visiting, viewing, or otherwise participating in Customer’s product is deemed to be the invitee, licensee, or guest of Customer, and not the invitee, licensee, or guest of Hart Energy Publishing, LLC. Customer assumes full responsibility and liability for the actions or omissions of its agents, employees, independent contractors, or representatives, whether acting within or without the scope of their authority, and agrees to defend, indemnify, and hold Hart Energy Publishing, LLC, the conference venue, and their respective parties, harmless from and against claims resulting directly or indirectly from such actions or omissions. There is no other agreement or warranty between Customer and Hart Energy Publishing, LLC except as set forth in this Agreement. The rights of Hart Energy Publishing, LLC under the Agreement shall not be deemed waived except through a writing signed by an authorized representative of Hart Energy Publishing, LLC.
8) Force Majeure. Hart Energy Publishing, LLC shall not be liable for failure to perform its obligations under the Agreement as a result of strikes, riots, terrorist acts, acts of God, or any other cause beyond its control. In case the conference venue is damaged or destroyed by fire, the elements, or any other cause, or if circumstances make it unreasonably difficult for Hart Energy Publishing, LLC to permit customer to fulfill its products or benefit from the products opportunity in any part or the whole of the Event, then during such circumstances Hart Energy Publishing, LLC, the building management, and their respective parties will be released and discharged from the obligation to supply product, and customer will be reimbursed a proportionate share of the products cost previously received by Hart Energy Publishing, LLC from customer.
9) Insurance. For the term of the Agreement and until the conference is completed, Customer shall at all times maintain insurance in an amount and scope to be reasonably satisfactory to Hart Energy Publishing, LLC and sufficient to cover the liabilities of customer under the Agreement, including customer’s contractual obligations to defend, indemnify, and hold harmless, as stated in the Agreement. Hart Energy Publishing, LLC shall be added as an additional insured to such insurance. Customer’s insurer shall confirm to Hart Energy Publishing, LLC that such insurance cannot be canceled or changed without thirty (30) days prior written notice to Hart Energy Publishing, LLC. Customer agrees to provide Hart Energy Publishing, LLC a suitable certificate verifying that the required insurance is and will remain in force for the duration of the Event.
10) Jurisdiction and Attorney Fees. Should any legal action be commenced to resolve any dispute under the Agreement: (i) Customer hereby consents to venue and jurisdiction in the federal or state courts located in Houston, Texas, and agrees that no such action may be brought in a forum not located in Houston, Texas; and (ii) the prevailing party shall be entitled to an award of litigation expenses, interest, and reasonable attorney fees, in addition to any other remedy obtained.
11) Laws, Taxes and Licenses. Customer shall observe and abide by all applicable federal, state, and local laws, codes, ordinances, rules, and regulations, as 3 | P a g e well as all rules and regulations of Hart Energy Publishing, LLC and the host venue. Customer shall conduct itself, and shall require its agents, employees, independent contractors, and representatives, to conduct themselves, at all times in accordance with customary standards of decorum and good taste in the industry. Customer shall be responsible for obtaining any licenses, permits, or approvals required under local, city, state, or national law applicable to customer’s activities at or related to the Event. Customer shall be responsible for obtaining any tax identification numbers and paying all taxes, license fees, or other charges that may become due to any governmental authority concerning customer’s activities at or related to the Event.
12) Cancellations. Cancellation of all or a portion of any contract must be made in writing and addressed to Hart Energy Publishing, LLC at the address below. If customer cancels within 30 days of the date on the assigned agreement, but not within 60 days prior to the opening of the conference, customer will receive a full refund. If customer cancels after the initial 30 days and before 60 days prior to the opening of the conference, Customer will be assessed a cancellation penalty equal to 50% of the total cost of cancelled agreement. If customer cancels within 60 days prior to the opening of the event, Customer will be assessed a cancellation penalty equal to 100% of the total cost of cancelled agreement. If Customer has an outstanding balance due at the time of cancelation, customer remains responsible for the entire balance due, plus reasonable attorney’s fees to collect. Customer will not be permitted to participate in future Hart Energy Publishing, LLC conference until all outstanding balances are collected. By signing this conference agreement Hart Energy Publishing, LLC reserve the full right for cancellation and under no circumstances Hart Energy Publishing, LLC will allow customers to switch the products to any other conference.
13) Changes. If Customer requests an increase of its products after the Agreement has become effective, Hart Energy Publishing, LLC will use reasonable best efforts to accommodate such request, subject to product availability, additional fee payment, and other circumstances then prevailing. If Customer requests a change that leads to a net reduction of products from original requirements, such request shall be covered by Section 11 above.
14) Other Matters. The conference is owned and managed by Hart Energy Publishing, LLC, whose main office is at 1616 Voss Road, Suite 1000, Houston, TX 77057.
Customer understands and agrees that it may not assign the Agreement, in whole or in part, or any rights thereunder to any third party without the prior written permission of Hart Energy Publishing, LLC. All matters not expressly covered in the Agreement are subject to the reasonable decision of Hart Energy Publishing, LLC, which decision shall be final.