These Terms of Service apply to your access to and use of the website and other online products and services (collectively, our “Services”), provided by LionEnergy.com, and LionEnergy, LLC (“LionEnergy” or “we”). By using our Services, you agree to these Terms of Service. If you do not agree to these Terms of Service, you may not use our Services.
1. Age of User
You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to these Terms and to be fully responsible for the acts or omissions of such user.
2. User Accounts
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update the information provided if it changes. You must maintain the security of your account and account credentials and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access Services through your account, you are responsible for the activities of those users. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names.
The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
4. Terms of Sale
a. Availability. All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed.
b. Taxes. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due as a result of your purchase of products through our Services. We will collect applicable Taxes when we have a duty to collect Taxes. We are not required to, and do not, collect Taxes in all states. You may have a duty to report and pay Taxes if we do not collect such Taxes.
c. Payment. Only valid methods of payment acceptable to us may be used to complete a purchase using the Services. You represent and warrant that you are authorized to use the payment method you choose to use. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping charges). If any of the products you order are unavailable, we will only charge the prices, Taxes and other applicable charges for the products actually shipped.
d. Shipping and Risk of Loss. You agree to pay any shipping charges shown at the time you make a purchase. Shipping charges for a given product at one time may not be the same as offered on a previous occasion. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, as conditions warrant. Delivery dates or times shown during checkout are estimates only and are not guaranteed. Unless we state otherwise in writing via the Services, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
e. Returns. All sales are final upon receipt of payment. LionEnergy does not accept returns.
f. Errors. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price). Alternatively, we may cancel the order and refund any amount paid.
g. Product Descriptions. LionEnergy and its associates attempt to be as accurate as possible. However, LionEnergy does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by LionEnergy itself is not as described, your sole remedy is to return it in unused condition.
h. Limited Warranty for LionEnergy Products. Certain of the products sold via our Services are manufactured by or for LionEnergy (“LionEnergy Products”) and may be subject to a limited warranty provided by LionEnergy. If your LionEnergy Product is subject to a limited warranty, the limited warranty for your LionEnergy Product outlines your exclusive remedies and the procedures to make a warranty claim.
THE LIONENERGY WEBSITE, ITS CONTENT, ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE AND THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW. IN ADDITION, LIONENERGY DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE SITE, OR THE OPERATION OR FUNCTION OF THE SITE, ANY COMPONENT THEREOF, OR ANY SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. IN ADDITION, CERTAIN INFORMATION MAY BE UPDATED FROM A SOURCE OTHER THAN US AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OF SUCH INFORMATION.
Our Services may allow you and other users to create, post, store or share content, including messages, text, product reviews, photos, videos, audio and other materials (collectively, "User Content"). Except for the license you grant below, as between you and LionEnergy, you retain all rights in and to your User Content. By posting or sharing User Content associated with our Services you grant LionEnergy a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, create derivative works from, distribute, publicly perform and publicly display your User Content, including any name, username or likeness provided in connection with your User Content, via the Services and through all media formats and channels now known or later developed without compensation to you. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason. You represent and warrant that you have all necessary rights to grant us the rights granted under this Section.
7. Copyright and Trade Mark
All content included on our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of LionEnergy or its content suppliers and protected by international copyright laws. The compilation of all content within our Services is the exclusive property of LionEnergy, with copyright authorship for this collection by LionEnergy, and protected by international copyright laws.
LionEnergy’s trademarks and trade dress may not be used in connection with any product or service that is not LionEnergy’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LionEnergy. All other trademarks not owned by LionEnergy or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LionEnergy or its subsidiaries. Any use of our Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
8. Prohibited Conduct
You agree that you will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not use the LionEnergy Service for any illegal or unauthorized purpose.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless LionEnergy, and each of our respective officers, members, managers, directors, agents, partners and employees (individually and collectively, “LionEnergy”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Services, including your conduct in connection with our Services; (b) your User Content; (c) your violation of these Terms of Service; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify LionEnergy of any third-party Claims, cooperate with LionEnergy in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that LionEnergy will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and LionEnergy.
10. Limitation of Liability
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. LionEnergy does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
You expressly understand and agree that LionEnergy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service. In no event shall LionEnergy or its suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence).
The limitations set forth in this section will not limit or exclude liability for personal injury or property damage caused by a product you purchased via the Services or the gross negligence, fraud, or intentional, willful, or reckless misconduct of LionEnergy or for any other matters in which liability cannot be excluded or limited under applicable law.
11. Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Utah, without regard to conflict of law rules or principles (whether of Utah or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or small claims court will be resolved in the state or federal courts of Utah and the United States, respectively, sitting in Salt Lake County, Utah.
12. Amendment to Terms of Service
You acknowledge and agree that LionEnergy may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on its website, available at https://www.LionEnergy.com/ and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to LionEnergy’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
LionEnergy reserves the right, without notice and in its sole discretion, to terminate your right to access or use its Services or to discontinue all or a part of the Services. We are not responsible for any loss or harm related to your inability to access or use LionEnergy Services.
If any provision or part of a provision of these Terms of Service is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. These Terms of Service, as they may be amended from time to time, constitute the entire agreement between you and LionEnergy relating to your access to and use of our Services. The failure of LionEnergy to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms of Service are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
15. Contacting Us
If you have any questions or concerns regarding the Services or these Terms of Service, please contact us:
In writing, addressed to:
735 S. Auto Mall Drive, STE 200
American Fork, UT 84003
Or via email at: info@LionEnergy.com
Corporate Office: 8 0 1 . 7 2 7 . 9 2 7 0
Customer Support: 3 8 5 . 3 7 5 . 8 1 9 1
TERMS OF SERVICE LAST UPDATED: April 24, 2019