Agreement between website users and Rushmore Energy, LLC
The Rushmore Energy website (Website) is comprised of various web pages operated by Rushmore Energy. By using
this website, you accept these terms. Rushmore Energy reserves the right to change these terms from time to time.
LINKS TO THIRD PARTY SITES
The Website may contain links to other websites which are not under the control of Rushmore Energy, and Rushmore is not
responsible for the contents of any linked site not under the control of Rushmore Energy. Links are provided to you only as a
convenience, and the inclusion of any link does not imply endorsement by Rushmore Energy of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you warrant to Rushmore Energy that you will not use the Website for any purpose that is unlawful or
prohibited by these terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Rushmore Energy Website or
interfere with any other party's use and enjoyment of the Website or any other website. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Rushmore Energy Website.
You may not use the Website to:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Website.
Harvest or otherwise collect information about others, including account information or email addresses, without their explicit written consent.
Violate any applicable laws or regulations.
Rushmore Energy reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in
Rushmore Energy's sole discretion.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RUSHMORE ENERGY AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
RUSHMORE ENERGY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE RUSHMORE ENERGY WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. RUSHMORE ENERGY, LLC AND/OR
ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RUSHMORE ENERGY AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE
DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RUSHMORE ENERGY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
DISCONTINUE USING THE WEBSITE.
Rushmore Energy reserves the right, in its sole discretion, to terminate your access to the Website and the related services
or any portion thereof at any time, without notice.
This agreement is governed by the laws of the State of Texas, and you hereby consent to the exclusive jurisdiction and venue
of courts of Fort Bend County, Texas in all disputes arising out of or relating to the use of the Rushmore Energy Website. Use of the
Rushmore Energy Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Rushmore Energy
as a result of this agreement or use of the Website.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Rushmore Energy with respect to the Rushmore Energy
Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Rushmore Energy
with respect to the Website.
COPYRIGHT AND TRADEMARK
All contents of the Rushmore Energy Website, including logos and language are subject to copyright, trademark, and/or servicemark of
Rushmore Energy, LLC and/or its suppliers. Any rights not expressly granted herein are reserved.
Any claims of infringement under United States copyright law should be sent to Rushmore Energy at P.O. Box 2640, Sugar Land, TX 77478 with
detailed information as to the alleged issue.