PREMIUM Energyʼs Acceptance through Use
By using this site, you agree to the Terms and Conditions below (“Agreement”). If you do not agree to these Terms and Conditions, please do not use this site. PREMIUM Energy retains the right, at its discretion, to modify or delete these Terms and Conditions, or any other portion of its site, at any time. You should review this page periodically so that you are updated on any changes.
Copyright or Trademark and Trademark Notices
This site is owned and operated by PREMIUM Energy. Unless otherwise specified, all Copyright or Trademark-able materials appearing on this site, including certain text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the property of, or is licensed exclusively, to PREMIUM Energy. Copyright or Trademark TM. 2010. You may not use this site for any other purpose beyond the scope of the Agreement. In addition, no materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without PREMIUM Energyʼs express written consent. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate Copyright or Trademark, trademark and other applicable laws and could result in criminal or civil penalties. The use of any PREMIUM Energy trademark, service mark, or tag lines without PREMIUM Energy's consent is strictly prohibited.
Idea Submission Policy
On occasion, PREMIUM Energy receives unsolicited ideas or items submitted from visitors or users to the PREMIUM Energy site. However, as you may be able to appreciate, many of these submissions contain both old and new ideas, and others contain ideas or elements of ideas that are already in development at PREMIUM Energy. Accordingly, PREMIUM Energy cannot receive such ideas or items in confidence. Submission of your idea or item will constitute acceptance by you of the following idea submission policy. You represent that you are the sole and exclusive owner (or the authorized agent of the entity which is the owner) of said item or idea and are of legal age. You submit your idea or item voluntarily and you understand that this submission by you and its acceptance by PREMIUM Energy does not, in whole or in part, establish or create by implication or otherwise any relationship between PREMIUM Energy and you not expressed here. No confidential relationship is to be established by such submission or implied from consideration of the submitted material and the material is not considered to be, "submitted in confidence." PREMIUM Energy, in its own judgment, may accept or reject the idea or item submitted and shall not be obligated to you in any way with respect to your idea or item. PREMIUM Energy may photograph, photocopy or otherwise reproduce for its records any material submitted by you herewith or subsequently with respect to said idea or item whether accepted or rejected. PREMIUM Energy may use your idea or item in any manner, which it chooses and you will not be compensated for such use. In consideration of PREMIUM Energy examining your suggestion, you release PREMIUM Energy from any liability in connection with, and expressly waive, all claims of any nature whatsoever, including but not limited to those in contract or tort, arising out of any disclosure by you to PREMIUM Energy of the idea or item or PREMIUM Energyʼs use of the idea or item.
PREMIUM ENERGY, LLC
2144-C Hills Avenue
Procedure for Making Claims of Copyright or Trademark or Trademark Infringement
PREMIUM Energy will make its best efforts to remove information that a Copyright or Trademark owner believes is Infringing provided adequate notice and the Copyright or Trademark or Trademark Owner provides information to PREMIUM Energy. Written Notification must be submitted to the following designated agent:
PREMIUM ENERGY, LLC
2144-C Hills avenue
Notification on behalf of the Copyright or Trademark or Trademark Owner must include:
1. Identification of the Copyright or Trademarked work claimed to have been infringed and the manner of use, which is claimed to constitute an infringement.
2. Identification of the owner of the Copyright or Trademarked work.
3. A signature of the Copyright or Trademark Owner or a person authorized to act on their behalf (electronic or physical signature, in permanent ink).
4. Information sufficient to permit PREMIUM Energy to locate the Copyright or Trademarked work at issue. Sufficient information includes where the work is located on the PREMIUM Energy site, the name or number of the file where the work is located, and any indexing information that might be associated with the work (e.g. author, title, page, date, etc.).
5. A statement that the Copyright or Trademark Owner has a good faith belief that the use of the material in the manner complained of is not authorized by the Copyright or Trademark Owner, its agent, or the law. Along with a statement under penalty of perjury that the information in the notification is accurate.
6. Information sufficient to permit PREMIUM Energy to contact the person submitting the complaint on behalf of the Copyright or Trademark Owner (including, name, address, phone number, email address). Upon receipt of a properly submitted written notification, PREMIUM Energy will:
1. Attempt to locate the information as identified.
2. Remove, or disable access to, the material.
3. Forward a written notification that a complaint has been received from the Copyright or Trademark Owner and that the information complained of was removed from the system. The PREMIUM Energy site user may, at its election, provide a counter-notification to PREMIUM Energy within twenty one (21) days of receipt of the Notification. The counter-notification must include:
1. An identification of the material that was removed (or to which access has been disabled).
2. A signed statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material.
3. The name, address, and telephone number of the customer along with a statement that the customer consents to the jurisdiction of the U.S. Federal District Court for the judicial district in which the address is located. Alternatively, where the customer is located outside the United States, a statement that the customer will consent to jurisdiction in any judicial district where PREMIUM Energy is found and that the person who provided the counter-notification (or an agent of that person) will accept service of process for any judicial proceeding relating to any continued use of the material. Upon receipt of the counter-notification containing the information outlined above, PREMIUM Energy will:
1. Promptly provide the Copyright or Trademark Owner (or agent) with a copy of the counter-notification.
2. Inform the Copyright or Trademark Owner (or agent) that it will replace the removed material (or cease disabling access) within fourteen (14) days.
3. Replace the removed material (or cease disabling access) within twenty-one (21) days following receipt of the counternotification provided that PREMIUM Energy does not receive notice from the Copyright or Trademark Owner that an action has been filed seeking a court order restraining the Customerʼs use of the information.
Use of Site
You agree that you will not falsify, delete or alter author attributions, legal or other proper or proprietary notices, designations or labels of any material that is uploaded. You agree that you will not defame, abuse, harass or otherwise violate the legal rights of others and that you will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene or indecent material or information. You agree that you will not violate any applicable laws or regulations.
Links to Third Party Sites
This agreement is governed by the laws of the State of Indiana, United States of America, without regard to its conflicts of law principles. In the event of a dispute between you and PREMIUM Energy arising out of, or relating to, your use of this site, you agree that the sole jurisdiction and venue for any such litigation shall be an appropriate federal or state court located in Marion County, Indiana.
THE INFORMATION, SOFTWARE, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH, THE PREMIUM ENERGY SYSTEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PREMIUM ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED WITHIN THIS SITE. FURTHER, PREMIUM ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PREMIUM ENERGY PROVIDES ITS PRODUCTS AND SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE OR ITS USE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOU AGREE THAT PREMIUM ENERGY SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY UNAUTHORIZED: (1) ACCESS OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (2) MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED; AND (3) TRANSACTIONS ENTERED INTO THROUGH PREMIUM ENERGY. YOU AGREE TO INDEMNIFY AND HOLD PREMIUM ENERGY HARMLESS FROM ANY CLAIM, DEMAND, OR DAMAGE, INCLUDING REASONABLE ATTORNEYSʼ FEES AND COSTS, ASSERTED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR RELATED TO YOUR USE OR CONDUCT ON THE PREMIUM ENERGY SITE. TO THE EXTENT THAT THE LAW IN THE RELEVANT JURISDICTION PROVIDES, IN NO EVENT SHALL PREMIUM ENERGY BE LIABLE FOR ANY DIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES THAT ARISE, INCLUDING BUT NOT LIMITED TO THOSE CLAIMS ARISING AS A RESULT OF: LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE OR RELATED SERVICES; THE PROVISION OR FAILURE TO PROVIDE SERVICES; OR DIRECT, CONTRIBUTORY OR VICARIOUS LIABILITY FOR INFRINGEMENT, MISAPPROPRIATION, OR BREACH RELATING TO THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS.