When you use our Services you are entering into a legal agreement and you agree to all of these terms.
Your agreement is with Cognovi Communications, INC (each, "Cognovi”, “us” or “we”). Cognovi Communications Inc is the parent company owner of ALLY Energy Inc.
2.1. Service Eligibility
Here are some promises you make to us in this Agreement:
You’re eligible to enter into this Agreement and you are at least our “Minimum Age.” To use the Services, you agree that: (1) you must be 18 years of age or older; (2) you will only have one account which must be in your real name; (3) you are not already restricted by Cognovi Communications from using the Services. If you are a student under 18, you must have permission from your legal guardian or parent to provide your contact information.
2.2. Notices and Service Messages
You’re okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us. If the contact information you provide isn’t up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your profile data up to date.
Please review your Manage Email Notifications to control and limit what kind of messages you receive.
3. Rights and Limits
3.1. Your License with Cognovi Communications Inc.
By submitting suggestions or other feedback regarding our Services to Cognovi Communications, you agree that Cognovi Communications can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful.
Cognovi Communications may be required by law to remove certain information or content in certain countries.
3.2. Service Availability
We may change or discontinue any of our Services. We can’t promise to store or keep showing any information and content you’ve posted.
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
We have the right to limit how you connect and interact on our Services.
We’re providing you notice about our intellectual property rights.
Cognovi Communications reserves all of its intellectual property rights in the Services. For example, the Cognovi Communications logos and other Cognovi Communications trademarks, service marks, graphics, and logos used in connection with Cognovi Communications are trademarks or registered trademarks of Cognovi Communications. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, security or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, ALLY ENERGY (AND THOSE THAT ALLY ENERGY WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR SECURITY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS ALLY ENERGY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), ALLY ENERGY (AND THOSE THAT ALLY ENERGY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, INFORMATION, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF ALLY ENERGY (AND THOSE THAT ALLY ENERGY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1,000. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ALLY ENERGY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF ALLY ENERGY HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in Texas courts, applying Texas law. You agree that the laws of the State of Texas, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Harris County Texas, USA, and we each agree to personal jurisdiction in those courts.
7. General Terms
Here are some important details about how to read the Agreement.
If we don’t act to enforce a breach of this Agreement, that does not mean that Cognovi Communications has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that Cognovi Communications may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do, and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 7.
7. How To Contact Us
If you want to send us notices or service of process, please contact us ONLINE at: firstname.lastname@example.org. You may contact us via mail at Cognovi Communications Inc, 2101 Citywest Drive Houston, Texas USA 77042. You may contact us via phone at +1 281 741-5482.