GENERAL TERMS OF USE

This website is operated by Energy Nine. Throughout the site, we use the terms “we,” “us,” and “our” to refer to Energy Nine. This website, including all information, tools, and services accessible through it, is offered by Energy Nine to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms of Use”), including those terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the Site, including, without limitation, individuals who are visitors, vendors, customers, merchants, and/or content providers.
Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, you may not be able to access the website or use its services. If these Terms of Use are considered an offer, acceptance is expressly limited to them.
Each new tool or feature added to this store is also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Use by posting such updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued access to or use of the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Infomaniak. This company provides us with the online e-commerce platform that allows us to sell you our products and services.

ARTICLE 1 – ONLINE STORE TERMS OF USE
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your region, province, or state, and that you have given us permission to allow any of your minor dependents to use this site.
You must not use our products for any illegal or unauthorized purpose, or violate any laws in your jurisdiction while using the Service (including, but not limited to, copyright laws). You must not
transmit any computer worms, viruses, or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time and for any reason.
You understand that your content (excluding credit card information) may be transferred unencrypted and that this includes (a) transmissions over multiple networks; and (b) changes made for the purpose of conforming and adapting to the technical requirements of connecting networks or devices. Your credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, any use of the Service, or any access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ARTICLE 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We cannot be held liable if the information provided on this site is inaccurate, incomplete, or outdated. The content of this site is provided for general information purposes only and should not be considered or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the content of this site is at your own risk.
This site may contain certain historical data. By definition, historical data is not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.

ARTICLE 4 – SERVICE AND PRICE MODIFICATIONS
Our product prices are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.
We shall not be liable to you or any third party for any price changes, or for any modification, suspension, or discontinuance of the Service.

ARTICLE 5 – PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may only be available online through the website. Quantities of these products or services may be limited, and their return or exchange is strictly subject to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of the products appearing on the website. However, we cannot guarantee the accuracy of any color displayed on your computer monitor.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue the sale of any product at any time. Any offer of products or services on this site is void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other materials you purchase or obtain will meet your expectations, nor that any errors in the Service will be corrected.

ARTICLE 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting you using the email address and/or billing address or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your account and all other information, including your email address and credit card numbers and their expiry dates, so that we can complete your transactions and contact you if necessary.

ARTICLE 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we do not monitor, control, or manage.
You acknowledge and agree that we provide access to such tools on an « as is » and « as available » basis, without any warranties, representations, or conditions of any kind and without any endorsement. We shall not be liable for anything arising out of or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your discretion and risk. Furthermore, it is your responsibility to inform yourself and accept the terms on which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). These new services and/or features will also be subject to these Terms of Use.

ARTICLE 8 – THIRD-PARTY LINKS
Certain content, products, and services accessible through our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate their content or accuracy, nor do we warrant and will not have any liability or responsibility for any third-party content or websites, or for any other third-party content, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions related to these third-party websites. Please carefully review the policies and practices of these third parties and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to those third parties.

ARTICLE 9 – COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, as part of your participation in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, « comments »), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not and shall not be obligated (1) to maintain any comments in confidence; (2) to compensate anyone for any comments provided; or (3) to respond to any comments.
We may, but are not obligated to, remove content and Accounts containing content that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Use.
You agree that your comments must not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or intellectual property right. You further agree that your comments must not contain any unlawful, abusive, or obscene material, or any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or any third party as to the origin of any comments. You are entirely responsible for all comments you make and their accuracy. We disclaim all liability for comments posted by you or any third party.

ARTICLE 10 – PERSONAL INFORMATION
The transmission of your personal information on our store is governed by our Privacy Policy.

ARTICLE 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or even cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or refresh date applied to the Service or any related website can be defined to indicate that all information offered in the Service or on any related website has been modified or updated.

ARTICLE 12 – PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Use, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any local ordinance or any international, federal, provincial, or state law, regulation, rule, or law; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, crawl, scrape, or scan the web; (j) for any obscene or immoral purpose; or (k) to disrupt or circumvent the security measures of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating these usage prohibitions.

ARTICLE 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, certify, or represent that your use of our Service will be uninterrupted, secure, timely, or error-free.
We do not guarantee that the results that may be obtained from using the Service will be accurate or reliable.
You agree that, from time to time, we may withdraw the Service for indefinite periods of time or cancel it at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through it are (unless expressly stated otherwise by us) provided « as is » and « as available » for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement.
Energy Nine, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to, loss of profits, revenue, savings, or data, replacement costs, or other similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of the Service or any service or product using it, or any other claim related in any way to your use of the Service or any product, including but not limited to errors or omissions in any content, or any loss or damage arising from the use of the Service or any content (or product) posted, transmitted, or made available through the Service, even if you have been advised of the possibility that they occur.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.

ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Energy Nine and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any laws or the rights of a third party.

ARTICLE 15 – SEVERABILITY
In the event that any provision of these Terms of Use is deemed illegal, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, without such judgment affecting the validity and enforceability of the other provisions.

ARTICLE 16 – TERMINATION
The obligations and responsibilities incurred by the parties prior to the termination date will survive the termination of this agreement for all purposes.
These Terms of Use will remain in effect unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine or suspect, in our sole discretion, that you are not complying with or have failed to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice. You will then remain liable for all amounts due up to and including the termination date, and we may, as a result, deny you access to our Services (or any part thereof).

ARTICLE 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any other operating policies or rules posted by us on this site or relating to the Service constitute the entire agreement between you and us and govern your use of the Service. They supersede all prior and contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.