TERMS OF USE
This web site (the "Blue Cube Website") is the property of Enscape Solutions, LLC ("Enscape"). By accessing the Blue Cube Website, Reader (you) agrees to be bound by these Terms of Use and all applicable laws and regulations. Reader agrees that Reader is responsible for compliance with any applicable local laws. If Reader does not agree with any of the terms herein, Reader is prohibited from using or accessing the Blue Cube Website.
GRANT
Reader is granted a temporary, limited-use license to view the material contained on the Blue Cube Website. Reader may not:
publicly display or publish (including in summary form) any material from the Blue Cube Website in any form or media without the express written permission of Enscape; sell, sublicense, or otherwise commercialize any Blue Cube Website material; use the Blue Cube Website in any way that may damage, or impact access to, the Blue Cube Website; use the Blue Cube Website contrary to any applicable law or regulation; attempt to access areas of the Blue Cube Website which are restricted to subscription-holders or Blue Cube personnel
OWNERSHIP
The materials contained on the Blue Cube Website have been prepared by or on behalf of Enscape. The Blue Cube Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Blue Cube Website are for informational purposes only and are only for personal, non-commercial use.The images used on the Blue Cube Website were either created by or on behalf of Enscape or are used under a Content License Agreement. Readers may not download images from the Blue Cube Website for reuse in any form without the express written consent of Enscape or the respective image owner.
NO RELIANCE
The material and contents provided through the Blue Cube Website are provided "As Is". Readers should not rely or act based upon the contents of the Blue Cube Website. Enscape does not endorse or warrant the accuracy of any information displayed or distributed through the Blue Cube Website. Readers acknowledge that any reliance upon any such information shall be at Reader's sole risk and that nothing contained in the Blue Cube Website shall be interpreted as advising Reader. The Blue Cube Website may include links to external websites, the inclusion of which does not imply endorsement by Enscape and Reader utilizes any such links at Reader’s own risk.
MODIFICATIONS
Enscape reserves the right to alter these Terms of Use and/or any of the materials or contents of the Blue Cube Website for any reason at any time and without notice. Reader’s continued usage of the Blue Cube Website shall indicate Reader’s continuing agreement to be bound by the then-current Terms of Use. As such, usage of the Blue Cube Website implies Reader shall regularly review these Terms of Use.
SUBSCRIPTIONS
Enscape provides the services described on the Blue Cube Website through separate sites. Subscriptions to access and use any of these services are granted by Enscape under the Blue Cube Master Subscription Agreement and usage of such services is governed by said agreement. In the event of a conflict between these Terms of Use and the Blue Cube Master Subscription Agreement, the Blue Cube Master Subscription Agreement shall prevail.
INFORMATION DISCLOSURES
Enscape reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
TRADEMARKS
Enscape asserts common law trademark rights to Enscape Solutions, LLC and Blue Cube Energy. "Webster" is a trademark of Merriam-Webster Incorporated. "Platts", "Platt’s", "S&P Global Platts", "S&P Global Platt’s", "IFERC", and "Inside FERC" are trademarks of S&P Global Platt’s. "NYMEX" is a trademark of CME Group Inc. "ICE" is a trademark of Intercontinental Exchange, Inc. "NGI" is a trademark of Intelligence Press, Inc. "Argus" is a trademark of Argus Media Limited. All other marks are the property of their respective holders.
NO LIABILITY
In no event shall Enscape, nor any of its officers, directors, employees or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the contents of the Blue Cube Website regardless of whether Enscape has been notified of the possibility of such damage. This limitation does not apply to Readers in jurisdictions which prohibit limitations on implied warranties or limitations of liability for consequential or incidental damages to the extent such limitations are prohibited.
REPRESENTATION OR WARRANTIES
Nothing on the Blue Cube Website, including the description of any service, constitutes a warranty or representation.
THE BLUE CUBE WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON THE BLUE CUBE WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ENSCAPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE BLUE CUBE WEBSITE, FOR ANY SERVICES OR PRODUCTS OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE BLUE CUBE WEBSITE OR ANY LINKED SITE. ENSCAPE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ENSCAPE DOES NOT WARRANT THAT THE BLUE CUBE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BLUE CUBE WEBSITE OR THE SERVER OR SERVERS WHICH MAKE IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ENSCAPE DISCLAIMS ALL LIABILITY FOR READER'S USE OF THE BLUE CUBE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
GOVERNING LAW
These Terms of Use are governed by and construed in accordance with the laws of the United States of America and the laws of the state of Texas. Reader irrevocably submits to the exclusive jurisdiction of the Texas courts for the resolution of any disputes.
IDEMNIFICATION
Reader indemnifies Enscape against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to Reader’s breach of any of the provisions of these Terms of Use.
SEVERABILITY
Wherever possible, each provision herein shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions.