Last Modified: November 07, 2024
These Terms of Use (“Terms“) are entered into by and between you and Enerfina, LLC, a Delaware limited liability company (“Enerfina” “we,” “us,” or “our”) and govern your access and use of the mobile application RWW Manor Collection (“App“) available through your mobile phone provider’s app store and our website www.enerfinallc.com (“Site”, and the App and Site, collectively, our “Services”).
BY ACCESSING THE SERVICES, YOU UNDERSTAND AND AGREE THAT THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING AND USING THE SERVICES.
all purchases made through the Services are subject to, and Governed by, the Terms of Sale located here: https://enerfinallc.com/terms-conditions-of-sale/. Please review these Terms and the Terms of Sale carefully before using the Services or making a purchase.
If you download the App, we license you the App on the condition that you accept and comply with these Terms. IF YOU ACCESS AND DOWNLOAD THE APP THROUGH THE APPLE STORE, PLEASE SEE ADDITIONAL TERMS THAT ARE APPLICABLE TO YOU IN SECTION 28.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE ENERFINA IN A CLASS ACTION LAWSUIT.
Modifications to these Terms. We may modify these Terms at any time and all changes will be effective upon posting to the Services. By accessing or using the Services after changes are posted, you agree to those changes. However, if Enerfina modifies the arbitration provision below, you may reject that change by sending Enerfina written notice to the contact information set forth in these Terms within thirty (30) days of our posting of the change, in which case you must immediately stop using the Services.
Privacy Policy. We collect certain information about you when you access and use our Services. Our collection and use of information about you is described in our Privacy Policy. If you do not agree to anything set forth in our Privacy Policy, you must immediately stop using the Services and, if applicable, remove the App from your device.
Content. The Services, including any text, audio, video, graphics, interfaces, icons, software, code, data, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, ”Content”) are exclusively the property of Enerfina or its licensors. Except for the rights expressly granted to you in these Terms, Enerfina retains all other ownership rights in and to the App, the Site, and all Content, including all intellectual property rights.
License to use the App, the Site, and Content. Subject to your compliance with these Terms, Enerfina grants to you a limited, non-exclusive, non-transferable, non-sublicensable license, during the term of these Terms (described below), to access and use the App, the Site, and Content solely for the purposes for which it is made available to you by Enerfina. No other access or use of the Services are permitted.
Modifications to the Services. ENERFINA MAY MODIFY THE SERVICES AND CONTENT AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. Enerfina may release updates and upgrades to the App in its sole discretion; however, Enerfina does not guarantee that the Services or Content will be kept up to date. Such changes, updates and upgrades may be accompanied by additional terms and conditions which will be provided to you at such time.
Account. You may choose to register and create an account when using our Services. In such case, you will be required to create a username and password. Additional information may be required when registering for an account. You are responsible for maintaining the confidentiality of your username and password. You may only use the features purposely made available to you in your account by Enerfina. You are solely responsible for all activities occurring under your account. If you believe that your account has been compromised, please immediately contact us as set forth below.
Services Information. We provide the information on the Services for general, informational purposes. We do not guarantee it is accurate, up-to-date, or applicable to you. Enerfina in no way guarantees the accuracy or completeness of information on the Services. Content provided on the Services are not an offer for the sale and is provided for informational purposes only.
Use of Marks. Enerfina owns certain trademarks, names, logos, insignia, or service marks (”Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by us. The Services may also contain third-party Marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party Marks or materials without such third party’s prior written consent.
Intellectual Property Rights. The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Enerfina, or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
Copyright Policy. We respect the intellectual property rights of others, and we ask that you do the same. We strive to expeditiously remove any infringing material from the Services if we become aware of it.
Compliance with Laws. In connection with your access to and use of the Services, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
Feedback. If you submit comments or feedback to us regarding the Services or Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback“), we may use such Feedback without attribution or compensation to you.
Children’s Information. The Services are not directed at children under the age of 18 years old. If you are under the age of 18 years old, you must immediately stop using the Services.
Restrictions on Your Use of the Services. The following actions violate these Terms.
You may not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Services or Content without Enerfina’s prior written consent. Without limiting the foregoing, you shall not copy, or use a copy of, the Services or Content without our prior written consent. You shall not build a website or application of your own, or on behalf of a third party, that copies or uses Content from our Services.
You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time.
You may not use the Services or Content for unlawful purposes.
You may not submit inaccurate, incomplete, or out-of-date information via the Services, commit fraud or falsify information in connection with your use of the Services.
You may not engage in data mining or similar data gathering or extraction activities from the Services. You may not use the Services to harvest email addresses, names, or other information of the users of the Services or to spam other users of the Services.
You may not access, use, or copy any portion of the Services or Content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
You may not use the Services to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses or malware.
You may not engage in activities that aim to render the Services inoperable or to make their use more difficult.
You may not frame, mirror, or circumvent the navigational structure of any part of the Services.
You may not upload, distribute, transmit, or post anything to or through the Services that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another without their written consent, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
You may not engage in any conduct while using the Services that Enerfina considers inappropriate, unauthorized, or contrary to the intended purpose of the Services.
You shall not access or use the Services for the purpose of creating a competing product or service, or that is in any way to Enerfina’s detriment.
You shall not: (i) use or attempt to access an account or login credentials that are not yours, (ii) misrepresent your identity in any way, or (iii) intercept messages without permission.
NO WARRANTY. THE SERVICES AND CONTENT ARE PROVIDED ”AS IS,” “AS AVAILABLE’, AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ENERFINA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ARISING FROM STATUTE, COURSE OF DEALING OR USAGE IN TRADE. NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. ENERFINA DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICES OR CONTENT. ENERFINA DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES OR CONTENT WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. ENERFINA EXPRESSLY DISCLAIMS ALL LIABILITY RELATED TO YOUR DOWNLOADING AND USE OF THE APP, INCLUDING IF IT DAMAGES YOUR DEVICE(S). THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ENERFINA OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR PROFESSIONAL ADVISORS (COLLECTIVELY, THE ”ENERFINA PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A ENERFINA PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICES AND CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE ENERFINA PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR CONTENT, EXCEED $50 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR LIMITATIONS OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ENERFINA PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR USE OF THE SERVICES OR CONTENT, (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SERVICES, (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS, WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER, SUBJECT TO INDEMNIFICATION BY YOU.
Third-Party Websites and Content. The Services may link to third-party websites or contain third-party content. We provide links and such content as a convenience to users of our Services. We are not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Services. Enerfina does not warrant or endorse any third-party website or content. When leaving the Services, it is the applicable third-party’s terms and privacy policy that govern your use of such third-party site or application (and such third-party’s use of your personal information), not these Terms.
Use in the United States. The Services are intended for use in the United States only. We do not guarantee that use of the Services will be available or permitted in any location other than the United States. If you choose to access the Services from a location other than the United States, you do so at your own risk.
THE EXISTENCE OF THE SERVICES AND CONTENT SHALL NOT BE CONSTRUED AS ENERFINA OFFERING THE SERVICES OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH IS PROHIBITED BY LAW.
You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services are obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Services for any purposes prohibited by United States law.
Term and Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Services and Content, and we may restrict your access to the Services and Content.
Term. These Terms shall commence upon the earlier of your acceptance of these Terms or your access to or use of the Services (the “Effective Date”) and remain effective until terminated. You may terminate these Terms by deleting your account, uninstalling the App and refraining from further use of the App. We may terminate these Terms without cause in our discretion for any reason or no reason. Upon termination of these Terms for any reason, all licenses and rights granted to you by us under these Terms shall immediately cease, and you must immediately delete your account, uninstall the App from your devices and stop using the Services. All provisions of these Terms that by their nature are intended to extend beyond the termination or expiration of these Terms for any reason shall survive the termination or expiration of these Terms, including without limitation, your indemnification obligations and all limitations of liability and disclaimers.
Discontinuing the Services or Content. Enerfina may suspend or terminate the Services or Content, in whole or in part, at any time in its sole discretion for any reason.
No Liability for Suspension or Termination. Enerfina will not be liable to you or anyone else for any damages arising from or related to Enerfina’s suspension or termination of your access to the Services or Content, or in the event Enerfina modifies, discontinues or restricts the availability of the Services and Content (in whole or in part).
Cooperation with Law Enforcement. Enerfina will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE ENERFINA PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
Assignment. Neither these Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of Enerfina. Any purported assignment without such permission shall be void.
Waiver. Enerfina’s waiver of any rights or obligations under these Terms must be in a signed writing to be effective.
DISPUTE RESOLUTION – ARBITRATION. You agree to resolve any disputes arising under these Terms or relating to the Services and Content through binding arbitration, on an individual basis, as set forth below.
WAIVER. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST ENERFINA IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to Enerfina right to appeal.
Good Faith Discussions. You and Enerfina must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
Rules. You agree that arbitration will be conducted by the American Arbitration Association (”AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (”Rules”). The Rules can be found at: https://www.adr.org/Rules. You and Enerfina agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Services or Content, including as to the enforceability and/or formation of this agreement to arbitrate made between you and Enerfina.
Location. You agree that arbitration shall take place exclusively in Cook County, Illinois. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
Time Limit. Any claim by you arising in connection with these Terms, the Services, and Content must be commenced by you within one (1) year of the dispute giving rise to the claim.
Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
Exceptions. Notwithstanding anything to the contrary in this Section, you and Enerfina each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
Governing Law. Unless expressly prohibited by the law of your place of residence, these Terms, and your access to and use of the Services, are governed by the laws of Illinois, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Cook County, Illinois. The parties expressly agree to the exclusive jurisdiction and venue of those courts.
Entire Agreement. These Terms contain the entire agreement between you and Enerfina with respect to your access to and use of the Services and Content. In the event of conflict between these Terms and the Privacy Policy, the Privacy Policy will control. In the event of a conflict between these Terms and the Terms of Sale, the Terms of Sale will control as related to an applicable purchase by you.
Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
Apple-Specific Terms for the App. The terms and conditions set forth below shall apply if and only if you acquire the App through Apple’s App Store and are in addition to the other provisions of these Terms.
PARTIES. You understand and agree that these Terms are solely between Enerfina, and you and that Apple is not responsible or liable for the App or Content, or for addressing any claims relating to your use or possession of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, or (iii) claims arising under consumer protection or similar legislation. Apple has no obligation whatsoever to furnish any maintenance and support App with respect to the App.
THIRD-PARTY BENEFICIARY. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your first access and use of the App, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
SCOPE OF LICENSE. You will only access or use the App on any Apple mobile device that you own or control, as permitted by the Usage Rules in the Apple Media App Terms and Conditions. If you sell your Apple device to a third party, you must remove the App from the Apple device before doing so.
APPLE RESPONSIBILITIES. To the maximum extent permitted by applicable law, Apple will have no other warranty, maintenance, or support obligation whatsoever with respect to the App, and Apple has no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty. Enerfina, not Apple, is responsible for addressing any claims relating to the App or your use of the App.
INFRINGEMENT. In the event of any third-party claim that the App or your use of the App infringes any third party’s intellectual property rights, Apple will not be responsible in any way for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
DISPUTES WITH APPLE. You agree that, as between you and Apple, any disputes are governed by the laws of the State of California, excluding conflict of law provisions. You agree to submit to personal and exclusive jurisdiction of the courts located in the county of Santa Clara, CA to resolve any dispute or claim arising between you and Apple.
USE OF DATA. You agree that Enerfina may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, and other App to you (if any) related to the App. Enerfina may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide App or technologies to you.
Contact Us. Please direct any questions and concerns regarding these Terms to us at:
TO: Enerfina LLC
2525 North Elston Avenue, Suite D240
Chicago, Illinois 60647
CC: Enerfina LLC
2525 North Elston Avenue, Suite D240
Chicago, Illinois 60647
Attn: General Counsel