Focal Energy

Terms of Use

ATTENTION: PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING THIS WEBSITE ("SITE"). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE AND ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT “FOCAL – ENERGY” ("COMPANY") MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, "MATERIALS"). THE SITE AND MATERIALS ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE "COMPANY WEBSITE".

1. USE OF THE COMPANY WEBSITE

The Company authorizes you to use the Company Website only for your own personal, non-commercial purposes. Use of the Company Website for any public or commercial purpose is strictly prohibited. As between you and the Company, the Company owns the Company Website. Any unauthorized use of the Company Website may violate copyright, trademark, and other laws.

2. PROHIBITED USES

You agree not to use the Company Website: (a) in a manner that violates any local, state, national, foreign or international statute, regulation, rule, order, treaty, or other law (each a "Law"); or (b) to interfere with or disrupt the Company Website or servers or networks connected to the Company Website. You further agree not to attempt to gain unauthorized access to any computer systems or networks connected to the Company Website.

3. TERMINATION

The Company may terminate or suspend any access to the Company Website, in whole or in part, without notice, at any time and for any reason.

4. DISCLAIMERS

THE COMPANY WEBSITE IS PROVIDED "AS IS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COMPANY WEBSITE IS WITH YOU. The COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE COMPANY WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, the COMPANY MAKES NO WARRANTY THAT THE COMPANY WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE COMPANY WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE COMPANY WEBSITE WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE COMPANY WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE COMPANY WEBSITE OR FROM THE COMPANY OR ITS AFFILIATES (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, "THE COMPANY PARTIES") SHALL CREATE ANY WARRANTY.

5. LIMITATION OF LIABILITY

IN NO EVENT WILL ANY OF THE COMPANY PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF TEN UNITED STATES (US$10.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE COMPANY WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE COMPANY WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY COMPANY PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.

6. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any Company Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the Company Party's liability shall be the minimum permitted under such applicable law.

7. MODIFICATIONS TO THE COMPANY WEBSITE

The Company reserves the right to modify, suspend, or discontinue the Company Website at any time without notice to you. The Materials may be out of date and the Company makes no commitment to update the Materials whatsoever.

8. LINKS TO THIRD-PARTY WEBSITES

Links on the Company Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Company Website. The Company is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). Thus, the Company does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the Company Website, you do this entirely at your own risk.

9. LINKING TO THIS SITE

You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent the Company’s written authorization otherwise, a website that links to this Site: (a) may link to, but shall not replicate, any Materials (including any Company logo); (b) shall not create a browser or border environment around any Materials; (c) shall not imply that the Company endorses such website or any products, services, or content available through such website; (d) shall not misrepresent its relationship with the Company; (e) shall not present false or misleading information about the Company; (f) shall not contain content that could be construed as distasteful, offensive, or controversial; and (g) shall contain only content that is appropriate for all age groups.

10. INTERNATIONAL AND EXPORT ISSUES

The Company makes no representation that the Company Website is appropriate or available for use in any territory and access to the Company Website from territories where its contents are illegal or restricted is prohibited. If you choose to access the Company Website, you do so on your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations in connection with your use of the Company Website and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from your violation of these Terms. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company's defense of such claim.

12. GENERAL

These Terms constitute the entire and exclusive and final statement of the agreement between you and the Company with respect to the subject matter hereof. The Company Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and the Company shall be governed by the laws of the State of Mauritius, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Company Website shall be brought in the competent courts located in Ebena, Mauritius, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of the Company and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Company Website. These Terms will be interpreted without application of any strict construction in favor of or against you or the Company. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

13. MODIFICATIONS TO THESE TERMS

The Company may, in its sole and absolute discretion, change these Terms from time to time. The Company will post notice of such changes on the applicable Site. If you object to any such changes, your sole recourse shall be to cease using the Company Website. Continued use of the Company Website following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.