Terms of Service and Membership Agreement

‍‍Welcome to the www.energytechnexus.com website (the "Site") operated by Energy Tech Nexus ("ETN"). ETN provides its services to you subject to the following conditions. Before you may use the Site and Membership services, you must read and accept all of the terms and conditions in, and linked to, this Terms of Service and Membership Agreement ("TOS") and the linked Privacy Policy. We recommend that, as you read this TOS, you also access and read the linked information, since it is incorporated into and hereby made part of this TOS. This TOS is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOS. If this TOS conflicts with any other documents, the TOS will control for the purposes of usage of the Site. If you do not agree to be bound by this TOS and the Privacy Policy, you may not use the Site or Membership in any way. We reserve the right at any time, at our sole discretion, to change or otherwise modify the TOS without prior notice, and your continued access or use of this Site and Membership services signifies your acceptance of the updated or modified TOS.

1. Description of Services.

ETN provides users access to benefits and services and information (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

2. License and Site Access.

ETN grants you a limited license to access and make personal use of the Site and the Service. This license does not include any unauthorized use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

3. Membership Eligibility.

The Service and Membership is not available to minors under the age of 21 or to any users suspended or removed from the system by ETN for any reason. Members may not have more than one active account. Additionally, Members and users are prohibited from selling, trading, or otherwise transferring their Membership account to another party. If you do not qualify, you may not use the Service or the Site.

‍4. Membership and Account.

In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction and will only use the Site for legitimate purposes. You also agree to provide true, accurate, current and complete information about yourself when you apply for ETN Membership. If you provide any information that is untrue, inaccurate, not current or incomplete, or ETN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ETN has the right to suspend or terminate your account and refuse any and all current or future use of the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

5. Membership Fee and Billing.

If your Membership application is approved, you will be charged based on the terms that you agreed to on your Membership application. Your Membership fee may be subject to taxation in accordance with applicable federal or state law. The Membership fee does not include applicable taxes. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The Membership fee is not refundable.

6. Term; Continuous Membership; Billing.

The initial term of a Membership shall commence on the date it is purchased and continue for the duration of the agreed-upon Membership period. Each Membership will automatically renew unless you notify Member Services in writing, of your decision to cancel your Membership within 30 days of your renewal date.

7. Cancellation, Termination, and Changes to Service.

(a) You have the right to cancel your Membership at any time. The eligibility of a refund will be determined by the particular plan you agreed to at the time of your application.

(b) ETN reserves the right to cancel or suspend, including any associated accounts, without notice, for any reason in our sole discretion.

(c) We may terminate any or all of the benefits available to Members at any time with or without notice. No refunds will be available.

(d) Upon cancellation of Membership, you are relinquishing your current recurring Membership rate and any ongoing benefits you were enrolled in as a Member.

‍8. Membership Benefits

‍(a) As a Member of ETN, you're entitled to the benefits that pertain to your particular Membership type.

(b) ETN has the right to add, modify or eliminate any benefit or service at any time at our discretion. ETN does not guarantee the availability of any of its benefits and they are all subject to change at any time without notice.

‍9. Submitted Content

‍ETN does not claim ownership of any materials you make available through the Site. At ETN‘s sole discretion, such materials may be included in the Service in whole or in part or in a modified form. You grant ETN a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials.

10. Business Partner Policies

‍You acknowledge that partner charges including, tax and incidentals are the responsibility of the individual Member. You are responsible for any taxes or other payments that apply to partner products or services. You acknowledge that ETN partners have rules and policies. You agree to abide by the terms and conditions of purchase imposed by any partner.

‍11. Disclaimer of Liability and Warranty.

THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS. ETN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ETN AND THEIR RESPECTIVE PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM ETN, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

‍12. Limitation of Liability.

ETN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

‍13. Indemnity.

You agree to indemnify and hold ETN (and its Members, owners, officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature.

‍14. Electronic Communication.

When you use the Site or send emails to ETN, you are communicating with ETN electronically. You consent to receive communications from ETN electronically.

‍15. SMS Text Messaging Terms.

By providing your phone number and opting in to receive SMS text messages, you expressly consent to receive automated marketing SMS/MMS messages from ETN and its representatives to your phone number.

‍16. Site-Provided Email and Postings.

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. ETN is under no obligation to review any messages, information or content ("Postings") posted on the Site by users.

‍17. Links.

The Site or third parties may provide links to other World Wide Web sites or resources. ETN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

18. Access To Social Auth Protected/Secure Areas.

Access to and use of credential protected and/or secure areas of the Site is restricted to authorized users only.

‍19. Modification and Notification of Changes.

ETN reserves the right to make changes to the Site and Membership Agreement, this TOS and the Privacy Policy at any time. If ETN makes a material modification to this TOS, it will notify you by email and by displaying a prominent announcement above the text of this TOS.

‍20. Trademarks.

The trademarks, logos and service marks ("Marks") displayed on the Site are the property of ETN and other parties. Users are prohibited from using any Marks without the written permission of ETN or such third party that may own the Marks.

‍21. Procedure for Claims of Intellectual Property Infringement.

ETN respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ETN‘s Copyright Agent the following information.

22. Provision of Consulting, Real Estate, and Co-Working Servicesa. Scope of Additional Services:

ETN may offer various value-added services, including but not limited to consulting services, real estate services, and access to co-working spaces ("Additional Services").

b. Separate Agreements for Additional Services: The provision and use of such Additional Services will be governed by separate agreements, distinct from this Terms of Service and Membership Agreement. Members wishing to utilize these Additional Services must enter into a separate agreement that specifically outlines the terms, conditions, and obligations related to the provision and use of these services.

c. No Automatic Inclusion: These Additional Services are not included as part of the standard ETN membership and may incur additional fees or require compliance with additional terms and conditions.

d. Amendment and Termination of Additional Services: ETN reserves the right to modify, suspend, or discontinue any Additional Services at any time. Such changes will be communicated to affected members as per the terms of the specific agreements governing those services.

‍23. Survival of Terms After Agreement Ends.

‍Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.

24. General.

‍If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. This TOS and the relationship between you and ETN will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and ETN agree to submit to the personal jurisdiction of the federal and state courts located in the State of Texas with respect to any legal proceedings that may arise in connection with this TOS. The failure of ETN to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. ETN does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. This TOS constitutes the entire agreement between you and ETN and governs your use of the Site, superseding any prior agreements between you and ETN with respect to the Site.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms of Service and Membership Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Texas, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of these Terms of Service and Membership Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ETN may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.