Introduction
Welcome! We would like to take this opportunity to thank you (“Visitor” or “User” or “you”) for visiting the Invenergy LLC (“Invenergy” or “we”) website. By entering this website, you agree to and accept the terms and conditions (“Terms and Conditions”) outlined herein. If you choose not to agree to the terms and conditions and have not navigated the website yet, you may leave the website; otherwise by navigating the website, you are using the website and are bound by these terms and conditions.
Consideration
You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Invenergy website, receipt of data, access to materials and information made available through the use Invenergy’s website, the possibility of our review, use or display of your Submissions (as defined below in the section labeled “Submissions To Invenergy Website”), and the possibility of publicity and promotion from our review, use or display of your Submissions.
Jurisdiction
Invenergy LLC is a limited liability company organized under the laws of Delaware with its principal office located at One South Wacker Drive, Suite 1800, Chicago, Illinois, 60606. These terms and conditions will be governed by the laws of the state of Illinois and as a Visitor of the website, Visitors hereby consent to the laws of the state of Illinois in connection with any action or proceeding that arises from or relates to Visitor’s use of the website; (ii) Visitor hereby waives any right it might have to personal service of summons, complaint, or other process in connection therewith, and agrees that service of process may be made by registered or certified mail addressed to Visitor at its last known address; and (iii) Visitor hereby waives its right to a jury trial.
Names and Marks
Invenergy’s name is trademarked and such name, mark, service marks, trade names, logos, and other indications of origin displayed within the Invenergy website are owned by Invenergy or one of our affiliates who has granted Invenergy the right to use such names and marks. Visitors shall not use Invenergy’s names or marks without its expressed written consent and such consent will be provided for a finite period of time.
Privacy Policy and Security
Privacy Policy
By using Invenergy’s website, Visitor represents that it agrees with Invenergy’s Privacy Policy. Like these terms and conditions, if you do not agree with the information found in Invenergy’s Privacy Policy, please do not use Invenergy’s website; otherwise your use constitutes your acquiescence of such privacy terms.
Security
Invenergy uses industry standard encryption technologies when transferring and receiving consumer data exchanged within, stored, provided through, or similarly transacted when Visitors use, enter, or navigate Invenergy’s website. Such encryption technology during data receipt, storage, or transmission is used in an effort to protect communications and maintain the privacy of Visitors.
By using Invenergy’s website on its own or through a link provided on our website that might send Visitors to a third-party website (when submitting an employment application for example), Visitors agree to provide and maintain their records with current and accurate personal information. If Visitor provides information which is inaccurate or outdated, or if we have reasonable grounds to question the truthfulness of the information provided, we reserve the right to suspend or terminate Visitor’s account and refuse any and all current or future use of any Invenergy website or any portion thereof. Visitor further acknowledges that any personal information that provided through Invenergy’s website will be used by Invenergy in accordance with Invenergy Privacy Policy.
In addition to using industry standards to protect Visitor’s personal information, Invenergy will also use standards that it would use to protect its own personal information, and will use our best efforts to protect the privacy of Visitors entering our website (unless there is a suspicion of impropriety, hacking, or similar threat). However, you acknowledge that you will be solely responsible for any and all losses and damages resulting from your failure to comply with this section, and that Invenergy expressly disclaims all liability for such losses or damages.
Restrictions on Use
All information, content and materials contained on the Invenergy website are the property of Invenergy, its affiliates, its licensors, or licensees, or provided with permission from a third-party, and is protected under United States and international copyright and similar laws. None of the information, content or material from the Invenergy website or any internet website owned, operated, licensed, or controlled by Invenergy may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our written consent. The use of any information, content or materials on Invenergy’s website that is taken or used by Visitor for any other website or computer environment without our written consent (which may be withheld for any reason) is strictly prohibited.
Invenergy’s website is for Visitor’s personal use only. Visitors may not use Invenergy’s website for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
Invenergy’s Website Rules
The following is a list of rules Visitors MUST follow in order to use Invenergy’s website. By entering, navigating, or in any way using Invenergy’s website, Visitor represents the following:
• Visitor will not submit or transmit any information or material that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be an invasion of another’s right to privacy; (b) is offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the Submissions License.
• Visitor owns or has the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize Invenergy to use, distribute or otherwise exploit in all manners permitted by these Terms and Conditions (including, without limitation, the Submissions License), all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any user content that Visitor submits, posts, uploads, distributes or otherwise makes available or transmits.
• Visitor will not submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Invenergy website or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Invenergy website.
• Visitor will not impersonate any person or entity or misrepresent its identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph.
• Visitor will not access another person’s account or use another person’s username and password or other account information without that person’s express written consent. Such written consent shall be limited in duration and valid for the lesser of twelve (12) months or as long as expressly stated in the written consent, after which time written consent must be obtained again. In addition, if the person whose account you are authorized to access is a customer of Visitor or Visitor’s company, Visitor’s consent and ability to access that person’s account or information or to use their username and password will terminate as soon as that person is no longer a customer of Visitor or Visitor’s company.
• Invenergy has the right to request proof of written consent for access to another person’s account, information, username or and/or password at any time, and Invenergy has the right to suspend and or terminate a Visitor’s access to the Invenergy website until Invenergy, in its sole discretion, is satisfied this condition is met.
• Visitor may not use Invenergy’s website or any of the content obtained from its website, including account information or data, for the purpose of competing with Invenergy or any of its affiliates or subsidiaries.
• Visitor will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that Visitor does not own or have express permission to modify.
• Visitor may not use any software, bots, spiders, web-crawlers or any other similar data mining software, tools or applications to monitor, copy, or otherwise mine any information contained on the Invenergy website without prior express permission of Invenergy.
• Visitor will not submit or transmit any information or communication that is in violation of these Terms and Conditions.
• Visitor will not engage in (or attempt to engage in) any type of criminal activity within the Invenergy website.
Invenergy reserves the right, in its sole discretion, to terminate and block access to the Invenergy website for any violation of these Terms and Conditions. Invenergy cannot and does not assure that other users are or will be in compliance with the Invenergy website rules or any other provisions of these Terms and Conditions, and, as between Visitor and Invenergy, Visitor hereby assume all risk of harm or injury resulting from any other person’s lack of compliance which causes Visitor harm (directly or indirectly).
To the extent that any feature on the Invenergy website requires Visitor to submit its e-mail address in order to send an e-mail or message, Visitor must and hereby agrees to furnish its actual e-mail address.
Any business use, “re-mailing,” or other high-volume application is strictly prohibited. Visitor is not permitted to send e-mails or messages using an automated program. E-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. Invenergy reserves the right not to deliver e-mail messages that violate these guidelines.
Please note that by providing Invenergy with a personal telephone number, Visitor consents to receiving autodialed and prerecorded calls from Invenergy for matters specifically related to Visitor’s account.
WE RESERVE THE RIGHT TO MODIFY OR CHANGE THE INVENERGY WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT, INFORMATION OR MATERIAL APPEARING ON OR AVAILABLE THROUGH THE INVENERGY WEBSITE FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE TO YOU.
Submission of Information to Invenergy, Unsolicited Material
While we welcome comments and suggestions from our customers or Visitors of the website, it is Invenergy’s policy not to accept or consider unsolicited suggestions, ideas, or materials. The purpose of this policy is to avoid the possibility of misunderstandings when projects developed by Invenergy may seem to others to be a product of their own creative work. We emphasize, please do not send us any unsolicited materials including but not limited to the following: pitches, ideas, concepts, suggestions, photographs, drawings, videos, audiovisual works, and/or other similar materials (“Unsolicited Materials”).
If, despite our warnings, Visitor sends Invenergy any Unsolicited Materials, by sending such Unsolicited Materials you will be deemed to have granted and assigned all right, title and interest in an to such Unsolicited Materials, including without limitation any ideas, methods and inventions contained therein, to Invenergy, and Invenergy and any or all of its direct or indirect wholly-owned subsidiaries, shall be entitled to use such Unsolicited Materials for any purpose whatsoever, commercial or otherwise, without compensation to you.
Visitor agrees that any Unsolicited Materials it submits is not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between Visitor and Invenergy in any way.
Third-Party Websites
You acknowledge that when visiting the Invenergy website, you may be directed to other web sites not under the control of Invenergy. For example, if you click on an advertisement, pop-up, or search result, that click may take you out of the Invenergy website. You acknowledge that when you click on a link which directs you to a website other than the Invenergy website, your arrival website will not be controlled by Invenergy and any terms of use or policies associated with such website may apply. Visitor also acknowledges that Invenergy will not be responsible for Visitor’s use of any such websites.
Invenergy make no representations concerning the content of sites listed in any of our directories. Consequently, Invenergy cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to an Invenergy website.
Disclaimer, Limitation of Liability
INVENERGY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT THAT YOU MAY OBTAIN USING THE INVENERGY WEBSITE OR THE INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE INVENERGY WEBSITE. THE INFORMATION, CONTENT AND MATERIALS ON INVENERGY’S WEBSITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VISITOR ASSUMES THE ENTIRE LIABILITY FOR THE SELECTION AND USE OF THE INVENERGY WEBSITE, AND INVENERGY SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO VISITOR’S USE OF THE INVENERGY WEBSITE. VISITOR ACKNOWLEDGES THAT THIS DISCLAIMER SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, INVENERGY’S OWN NEGLIGENCE, SHALL INVENERGY, ITS AFFILIATES, LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND/OR OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE INVENERGY WEBSITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH WEBSITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE INVENERGY WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO VISITOR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY INVENERGY WEBSITE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE INVENERGY WEBSITE OR INVENERGY TERMINATION OF THESE TERMS AND CONDITIONS.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL INVENERGY, OUR LICENSORS AND LICENSEES, AFFILIATES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF INVENERGY OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF VISITOR’S USE OF THE INVENERGY WEBSITE OR INVENERGY TERMINATION OF THESE TERMS OF USE.
INVENERGY IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS. UNDER NO CIRCUMSTANCES WILL INVENERGY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF THE MATERIALS ON THE INVENERGY WEBSITE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF VISITOR’S USE OF THE INVENERGY WEBSITE OR INVENERGY’S TERMINATION OF THESE TERMS AND CONDITIONS.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS AND CONDITIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification
Visitor is entirely responsible for safeguarding and maintaining the confidentiality of Visitor’s username(s), password(s), and your account(s), as well as all activities that occur under Visitor’s account(s). Visitor hereby agrees to indemnify, defend, and hold Invenergy, our affiliates, licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified in connection with any claim arising out of any breach by you of these terms of use or claims arising from Visitor’s account(s). Visitor shall use its best efforts to cooperate with Invenergy in the defense of any claim. Invenergy reserves the right, at Invenergy’s own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by Visitor.
Termination
These Terms and Conditions are effective until terminated by Invenergy for any reason in our sole and absolute discretion. Visitor may terminate these Terms and Conditions any time by discontinuing use of Invenergy’s website and destroying all materials obtained from any and all such website and all related documentation and all copies and installations thereof, whether made under these Terms and Conditions or otherwise. In the event that Visitor terminates these Terms and Conditions, Visitor agrees to notify us of such termination by sending an email notice of such termination with a confirmation of receipt to:
Invenergy IT Service Desk