Version 1.2 Applies to: www.spearmintenergy.com
This Website Terms of Use Agreement (this “Agreement”) sets out the rules that govern access to and use of www.spearmintenergy.com and any associated pages or subdomains (collectively, the “Site”), which are owned and operated by Spearmint Energy® and its subsidiaries and affiliated entities (referred to throughout as “Spearmint Energy®,” “we,” “us,” or “our”).
Accessing or using the Site in any capacity signals your unconditional agreement to every provision of this Agreement and our Privacy Policy, which is incorporated herein by reference. If any part of this Agreement is unacceptable to you, your only recourse is to stop using the Site immediately.
The trademarks, service marks, trade names, and logos displayed on the Site are the property of Spearmint Energy® or of third parties that have authorized their display. No license or right to use any such marks is granted by their appearance on the Site.
1. Binding Nature of This Agreement
Your decision to visit, browse, or otherwise interact with the Site constitutes legally binding acceptance of this Agreement. You confirm that you have full legal capacity and authority to enter into binding agreements, either on your own behalf or on behalf of the organization you represent, and that your use of the Site is not prohibited by any applicable law or regulation.
Spearmint Energy® may update or revise this Agreement at any time. Revised terms take effect as soon as they are posted to the Site. Continuing to use the Site after revisions are published means you have read, understood, and accepted the updated terms. We encourage you to check this page regularly.
You acknowledge that meaningful consideration supports this Agreement, including, without limitation, access to information, data, and resources that the Site makes available to you, as well as any opportunity for Spearmint Energy® to review materials you choose to submit. This consideration is sufficient to make this Agreement enforceable.
The Site is made available for informational, corporate communications, and business-related purposes. Personal, non-commercial access is permitted. Any commercial exploitation of the Site or its content, or any use that is unlawful or that causes harm to Spearmint Energy® or to any other person, is prohibited.
The Site employs industry-standard security measures, including encryption technologies, to protect information transmitted through its forms and interactive features. You are responsible for maintaining the security of any credentials you use in connection with the Site, and you accept sole liability for any losses arising from a failure to do so.
To protect the integrity of the Site and the interests of all users, the following conduct is strictly prohibited. You agree that you will not:
Spearmint Energy® reserves the right to deny or terminate access to the Site, at its sole discretion and without advance notice, for any conduct that violates this Agreement or that we determine to be harmful to the Site, to other users, or to our business. Spearmint Energy® is not responsible for the conduct of other users and does not guarantee that all users will comply with these rules.
Please be aware that Spearmint Energy® reserves the right to alter, update, or remove any portion of the Site’s content, features, or functionality at any time and for any reason, with no obligation to provide advance notice.
As a matter of policy, Spearmint Energy® does not solicit, accept, or review unsolicited business ideas, creative concepts, product pitches, or similar materials from outside parties. This policy exists to prevent confusion or disputes in the event that Spearmint Energy® independently develops initiatives that may resemble externally submitted suggestions.
If you choose to submit such materials despite this policy, you agree that Spearmint Energy® will have full ownership of those materials and may use, adapt, or exploit them in any manner without restriction and without any obligation to compensate you. Submissions of this kind are not treated as confidential, and no trust or fiduciary relationship arises from them.
Everything on the Site — including written content, images, graphics, data, software code, logos, and the overall look, feel, and organization of the Site — belongs to Spearmint Energy® or to its licensors. This content is protected by U.S. copyright, trademark, and other applicable laws. Reproduction, distribution, or commercial use of any Site content without written authorization from Spearmint Energy® is not permitted.
Spearmint Energy®, the Spearmint™ wordmark, and associated logos are trademarks of Spearmint Energy®. Their appearance on the Site does not create any license or right for you to use them. Any unauthorized use of Spearmint Energy®’s trademarks may violate applicable trademark law and will be treated accordingly.
You may save or print individual pages for your own personal, non-commercial reference, provided all copyright and trademark notices are preserved. This limited permission does not extend to systematic downloading, redistribution, or any other use.
The Site may contain links to websites operated by third parties. These links are provided as a convenience and do not indicate endorsement, sponsorship, or affiliation. Spearmint Energy® has no control over the content, availability, or practices of linked websites and accepts no responsibility for them. Following any link to a third-party site is done at your own risk, and the terms governing that site apply.
Spearmint Energy® makes no warranty regarding the accuracy, reliability, or legality of content found on any third-party website referenced from or linked through the Site.
Some statements on the Site relate to future events, plans, or expectations rather than historical facts. Such statements involve inherent uncertainty and are subject to a range of risks and factors that could cause actual outcomes to differ materially from what is described or implied. Spearmint Energy® makes no commitment to update such statements as circumstances change, except where required by law.
Nothing on the Site is intended to constitute financial, investment, legal, tax, or other professional advice, nor should it be relied upon as such. Spearmint Energy® discloses material business information through appropriate regulatory and corporate channels in accordance with applicable law.
SPEARMINT ENERGY® MAKES THE SITE AND ALL OF ITS CONTENT AVAILABLE STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SPEARMINT ENERGY® EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. SPEARMINT ENERGY® DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR, THAT IT WILL BE FREE OF HARMFUL CODE OR SECURITY VULNERABILITIES, OR THAT ANY DEFICIENCIES WILL BE REMEDIED. YOU BEAR SOLE RESPONSIBILITY FOR YOUR DECISION TO USE THE SITE AND FOR ALL CONSEQUENCES OF THAT USE. THIS DISCLAIMER SURVIVES ANY TERMINATION OF THIS AGREEMENT.
TO THE GREATEST EXTENT ALLOWED BY APPLICABLE LAW, SPEARMINT ENERGY®, TOGETHER WITH ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND VENDORS, WILL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT ARISE FROM OR ARE CONNECTED TO YOUR USE OF OR INABILITY TO USE THE SITE — INCLUDING WITHOUT LIMITATION ANY LOSS OF REVENUE, PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY — REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER SPEARMINT ENERGY® WAS ADVISED OF THEIR POSSIBILITY. IN ALL EVENTS, SPEARMINT ENERGY®’S AGGREGATE LIABILITY FOR ANY CLAIM RELATED TO YOUR USE OF THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU ACTUALLY PAID TO ACCESS THE SITE, WHICHEVER IS LOWER. THIS LIMITATION SURVIVES TERMINATION OF THIS AGREEMENT.
SPEARMINT ENERGY® IS ALSO NOT LIABLE FOR ANY FAILURE OR DELAY IN FULFILLING ITS OBLIGATIONS CAUSED BY CIRCUMSTANCES OUTSIDE ITS REASONABLE CONTROL, INCLUDING NATURAL DISASTERS, WAR, CIVIL UNREST, STRIKES, UTILITY FAILURES, GOVERNMENT ORDERS, THIRD-PARTY FAILURES, OR OTHER FORCE MAJEURE EVENTS. SIMILARLY, SPEARMINT ENERGY® IS NOT RESPONSIBLE FOR HARDWARE OR SOFTWARE MALFUNCTIONS, NETWORK OUTAGES, OR TRANSMISSION ERRORS THAT AFFECT YOUR USE OF THE SITE. THESE EXCLUSIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless Spearmint Energy® and its affiliated entities, officers, directors, employees, agents, licensors, and vendors from any claim, demand, liability, loss, or expense — including reasonable attorneys’ fees — that arises from or is connected to: (a) your use of the Site; (b) your violation of this Agreement; (c) your infringement of any third party’s rights; or (d) content or materials you submit or transmit through the Site. You agree to cooperate reasonably with Spearmint Energy® in responding to any covered claim. Spearmint Energy® retains the right to assume sole control of the defense of any matter for which indemnification is owed, at its own cost.
Spearmint Energy® takes copyright seriously and will act on valid infringement notices submitted in accordance with the Digital Millennium Copyright Act (DMCA). Users who repeatedly infringe copyrights may have their access to the Site terminated. If you believe your copyrighted work has been reproduced on the Site without authorization, please send a written notice to legal@spearmintenergy.com that includes all of the following:
This Agreement is governed exclusively by the laws of the State of Florida, applied without regard to principles of conflict of laws. Any legal action or proceeding arising out of or related to this Agreement or your use of the Site must be brought exclusively in the state or federal courts sitting in Miami-Dade County, Florida. You consent to the personal jurisdiction of those courts and waive any right to object to venue or jurisdiction there.
Any claim you may have against Spearmint Energy® must be brought within one (1) year from the date on which the claim first arose. Claims not filed within this period are permanently barred. This limitation survives the termination of this Agreement.
Spearmint Energy® is committed to making the Site usable by the widest possible audience, including people with disabilities. We work continuously to align with the Web Content Accessibility Guidelines (WCAG) 2.1 at Level AA. If you encounter content or functionality that is not accessible to you, please reach out to us at legal@spearmintenergy.com and we will do our best to assist.
This Agreement applies for as long as you access or use the Site. You may end your use of the Site at any time by stopping access to it.
Spearmint Energy® may suspend or terminate your access to the Site, in whole or in part, at any time, with or without notice, to the extent permitted by law. If this Agreement ends, you must stop using the Site. Any provisions that by their nature should continue after termination will remain in effect, including those relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution.
Complete Agreement
This Agreement, together with the Privacy Policy, constitutes the complete and exclusive understanding between you and Spearmint Energy® regarding your use of the Site, and supersedes any prior agreements or representations on that subject.
Severability
Should a court of competent jurisdiction find any provision of this Agreement unenforceable, that provision will be modified only to the extent necessary to make it enforceable, and all other provisions will remain in effect.
No Waiver
A failure or delay by Spearmint Energy® to enforce any term of this Agreement in a particular instance does not waive its right to enforce that term on other occasions or to enforce any other term.
No Transfer
Your rights under this Agreement are personal and may not be transferred or assigned to any other party without Spearmint Energy®’s prior written consent. Spearmint Energy® may transfer its rights and obligations under this Agreement without restriction.
Headings for Reference Only
Section headings are included for ease of navigation and have no effect on the interpretation or meaning of any provision.
If you have questions about this Agreement or concerns about how the Site operates, please contact:
Spearmint Energy®
2916 N Miami Ave, Suite 830
Miami, FL 33127
Legal inquiries: legal@spearmintenergy.com
Website: www.spearmintenergy.com