1. Agreement
RBN Energy, LLC (“RBN”) provides its Subscription Product Services produced by RBN or provided to RBN by third parties (hereinafter the “Services”) for the exclusive use of the individual subscriber, (“Subscriber”), pursuant to the terms and conditions set forth in this Terms of Use Agreement (the “Terms of Use Agreement”). Use of the Services is offered to Subscriber conditioned on Subscriber’s acceptance without modification of the terms, conditions, and notices contained herein (the "Terms of Use"). Subscriber’s use of RBN Services constitutes Subscriber’s agreement to all such Terms. Please read these terms carefully, and keep a copy of them for Subscriber’s reference.
The following Terms of Use apply to usage of the Services and the materials and information contained in such Services (the ‘Materials’) by the Subscriber. References to an “Unauthorized Person” shall mean any person who is not a Subscriber.
Subscription Products as defined herein are those included in the Subscriber’s subscription cart on the Checkout page of RBN’s Website, https://rbnenergy.com.
2. Acceptance of This Agreement
In order to use the Services, Subscriber must first agree to this Terms of Use Agreement. Subscriber may not use the Services if Subscriber does not accept the Terms of Use. By clicking “accept” and/or using the Services, Subscriber has agreed to the Terms of Use.
3. Subscriber’s License, Restrictions and Covenants
Subscriber is granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms of Use. As a condition of Subscriber’s use of the Services, Subscriber warrants to RBN that Subscriber will not use the Services for any purpose that is unlawful or prohibited by these Terms of Use. Subscriber may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. Subscriber may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.
All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of RBN or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Subscriber agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Subscriber covenants that it will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Services. RBN content is not for resale. Subscriber’s use of the Services does not entitle Subscriber to make any unauthorized use of any protected content, and in particular Subscriber will not delete or alter any proprietary rights or attribution notices in any content. Subscriber will use protected content solely for Subscriber’s personal use, and will make no other use of the content without the express written permission of RBN. Subscriber agrees that Subscriber does not acquire any ownership rights in any protected content. We do not grant Subscriber any licenses, express or implied, to the intellectual property of RBN or our licensors except as expressly authorized by these Terms of Use.
Subscriber agrees and understands that, unless agreed to otherwise in writing, and signed by RBN, nothing in this Terms of Use Agreement allows Subscriber to attribute RBN’s Services as its own. RBN reserves the right of attribution and credit for the content of the Services to itself.
Subscriber may use the Services and the Materials that appear as part of the Services for Subscriber’s own private or business research, or research for Subscriber’s employer or an affiliated company. Such use may include:
- Display the Materials on screen
- Make printouts of items included in the Materials
- Download and store in machine readable form a single copy of the Materials for Subscriber’s exclusive use.
Subscriber may not:
- Make multiple printouts or copies of Materials for distribution to Unauthorized Persons;
- Allow use of Subscriber’s exclusive log-in information by any Unauthorized Persons;
- Re-sell the Services or any part of the Materials to others;
- Make the Services or any Materials available to Unauthorized Persons on a local area network, a wide area network or on any intranet or extranet;
- Use the Services for any illegal purpose nor send or post or allow any posting of information which is defamatory or obscene or which violates the legal rights of others.
4. Subscription Fee, Payment and Cancellation
Subscriber agrees to pay the Subscription Fee attributable to the current subscription, or any renewal. Payment is due prior to commencement of the Subscription.
If renewals apply, RBN will automatically renew Subscriber’s subscription at the end of Subscriber’s term at the prevailing renewal rate unless Subscriber cancels Subscriber’s subscription. To cancel, call RBN Customer Care at 281-377-6017. An email reply will not be sufficient to cancel the subscription.
Subscriber’s cancellation will be accepted as being effective for the first month subsequent to proper receipt of the cancellation. In the event that a cancellation was timely and properly received, but subscriber’s subscription was automatically renewed and charged for a subsequent month or months, RBN will refund the complete balance charged for those renewal periods. However, if the cancellation was received after the subscription renewed, the cancellation will be effective in the following month. No pro-rata refunds will be made.
5. Usernames, Passwords and Security
If Subscriber uses the Services via RBN’s internet Website, Subscriber is responsible for maintaining the confidentiality of Subscriber’s account and password and for restricting access to Subscriber’s computer, and Subscriber agrees to accept responsibility for all activities that occur under Subscriber’s account or password. Subscriber may not assign or otherwise transfer Subscriber’s account to any other person or entity. Subscriber acknowledges that RBN is not responsible for third party access to Subscriber’s account that results from theft or misappropriation of Subscriber’s account. RBN reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
RBN does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If Subscriber is under eighteen (18), Subscriber may use the Services only with permission of a parent or guardian.
Usernames and Passwords may not be made available to Unauthorized Persons for the purpose of using the Services.
6. Third Party Services
Certain Services are delivered by third parties and organizations. By using any of the Services, Subscriber hereby acknowledges and consents that RBN may share such information and data with any third party with whom RBN has a contractual relationship to provide the requested Services.
7. Disclaimer
THE SERVICES, INCLUDING ASSOCIATED INFORMATION, SOFTWARE, AND PRODUCTS, MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RBN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AND WEBSITE AT ANY TIME. RBN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICES, INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS. RBN MAKES NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR DATA PROVIDED AS PART OF THE SERVICES AND MATERIALS. RBN SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM ANY PARTY’S RELIANCE ON THE CONTENTS OF THE SERVICES AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE USE OF THE SERVICES TO THE FULL EXTENT PERMISSIBLE BY LAW, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. RBN DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICES, INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER FURTHER ACKNOWLEDGES THAT THEY ARE NOT RELYING ON ANY REPRESENTATION MADE BY RBN. AND/OR ITS SUPPLIERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RBN BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES, USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY SERVICES, INFORMATION, SOFTWARE, PRODUCTS AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RBN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUBSCRIBER. IF SUBSCRIBER IS DISSATISFIED WITH ANY PORTION OF THE SERVICES, THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
8. Limitation of Liability
Notwithstanding any other provision of these Terms, the total aggregate liability of RBN in connection with the use of the Services or Materials shall be the amount paid by the Subscriber for the Services, during the subscription period in which the damage occurred. RBN shall have no liability for indirect or consequential loss or damage.
The liability of RBN for interruptions to availability of the Services caused by circumstances within its control shall not exceed the amount paid by the Subscriber for access to the Services during the period of non-availability. The only obligation of RBN in respect of interruptions caused by circumstances outside its control shall be to use all reasonable efforts to have the Services reinstated.
9. Indemnification
Subscriber agree to indemnify, defend and hold harmless RBN, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Subscriber’s use of or inability to use the Services, Subscriber’s violation of any terms of this Agreement or Subscriber’s violation of any rights of a third party, or Subscriber’s violation of any applicable laws, rules or regulations. RBN reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber, in which event Subscriber will fully cooperate with RBN in asserting any available defenses.
10. Termination
RBN reserves the right, in its sole discretion, to terminate Subscriber’s access to the Services, without notice.
11. External Links and Access
Services and Materials may include links to external websites. These links are provided in order to help the Subscriber find relevant websites, services and products which may be of interest to Subscriber. It is Subscriber’s responsibility to decide whether any services and/or products available through any of these websites are suitable for Subscriber’s purposes. RBN is not responsible for the owners or operators of these websites or for any goods or services they supply or for the content of their websites and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these websites. Additionally, it is solely Subscriber’s responsibility to determine and comply with any terms and condition of access to and use of such external websites.
12. Intellectual Property
All intellectual property rights and other rights in the Services and Materials (in both machine readable and printed form) belong to RBN or its respective third-party licensors. Subscribers acquire no proprietary interest in the Services or Materials except as expressly permitted by these Terms of Use and Subscriber may not use the Services or the Materials in any way that infringes the intellectual property rights in them. Subscribers may not obscure or remove any copyright notices that appear on Materials printed from the Service.
13. International Subscribers
The Services are offered by RBN from our offices within the United States of America (“USA”). If Subscriber accesses the Service from a location outside the USA, Subscriber is responsible for compliance with all local laws. Subscriber agrees that Subscriber will not use the RBN Services accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
14. Jurisdiction
This Agreement will be construed and otherwise governed pursuant to the laws of the State of Texas, without regard to any conflicts of laws principles, and Subscriber hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Services or the Terms of Use.
15. Changes to Terms of Use
RBN reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms of Use will supersede all previous versions. RBN encourages Subscriber to periodically review the Terms of Use to stay informed of our updates.
