Terms of Use


EFFECTIVE DATE: January 25, 2015

THIS IS A LEGAL AGREEMENT BETWEEN “YOU”, THE END USER (WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY) AND “METTLE ENERGY” (REFERENCED AS “METTLE ENERGY”, “WE”, “US”, “OUR”). BY CLICKING “I’VE READ AND ACCEPT THE TERMS AND CONDITIONS” YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE (“AGREEMENT”). IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT CLICK “I’VE READ AND ACCEPT THE TERMS AND CONDITIONS” AND CEASE ALL USE OF METTLEENERGY.COM (“SITE”). CONTINUED USE OF THE SITE INDICATES THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.

USE OF THE SITE

To access certain services on the Site, you may be required to provide personal information; It is a condition of Your use of the Site that this information be complete and correct. You must be at least 13 years old to use the site and at least 18 years old to register an account or purchase any product on the Site. If We believe that information pertaining to Your account is not accurate or You are not of age to use Our service, We may terminate your account and refuse any service. We reserve the right to terminate your access to the Site for any reason whatsoever. You are solely responsible for the use and control of Your account and control of Your credentials. By accepting this Agreement, you authorize us to respond to a new password request, which will be sent to your email of record.

INTELLECTUAL PROPERTY

The content, organization, graphics, logos, trademarks, and copyrighted works (“Intellectual Property”) on the Site are the property of Mettle Energy. In accordance with the Limited Liability section of this agreement, you agree not to bring any claim against Mettle Energy, its affiliates, directors, owners, employees, or the like for any claim of Intellectual Property infringement. We exclusively own all worldwide right, title and interest in and to all the Trademarks, contents, graphics, designs, data, computer codes, and other materials included within the Site and related to the Site. Nothing contained in this Agreement shall be construed by implication as granting to the user an ownership interest in the Intellectual Property right of Mettle Energy. None of the material on the Site may be downloaded, reproduced, or in any way distributed without express, written consent of Mettle Energy.

LINKED SITES

The Site may provide a link to other websites, allowing You to leave the Site and access third-party material. A link to a third-party site is not an endorsement, authorization, or sponsorship of that site, and Mettle Energy is not responsible for the content of any linked site.

THE STORE

Items are available for purchase on the Site (“Store”). We cannot guarantee the availability of any given product at any given time. We reserve the right to change our Store offerings at any time, at Our discretion. Accessing the Store is an acknowledgement on Your part that You have read and agreed to the terms in this Agreement. We do not sell products to minors. You are solely responsible for actions and purchases performed under the use of your Site credentials. The pricing displayed in the store represents the price of an item before shipping and tax are accounted for. In the case that a price in the Store is found to be incorrect, Mettle Energy reserves the right to fulfill or cancel the order at Our discretion. We reserve the right to limit the quantities of goods sold though the Store. We will not ship products to any person outside of the United States. We attempt to be as accurate as possible in product descriptions, but do not warrant that any content of the Store is accurate, complete, error-free, or reliable, according to the Disclaimer of Warranty in this Agreement.

RETURNS

As we sell consumable supplements, we do not accept physical returns of goods. If you are requesting a refund for any reason, contact support@mettleenergy.com. Refunds are authorized on incorrect shipments where the error is on the part of Mettle Energy. Refunds may also be issued based on other grievances, on a case-by-case basis, at Our discretion.

DISCLAIMER OF WARRANTY

The Site and its content are provided on an “as-is” basis. You expressly agree that use of the Site is at Your sole risk. We make no warranty that use of the Site will be error-free, make no warranty as to the results that may be obtained through use of the Site, and make no warranty as to the accuracy (including, without limitation, typographical errors and technical errors), reliability, completeness, or security of any content on the Site. Mettle Energy makes no warranties of any kind, express or implied, as to the operation, content, or information on this Site. Mettle Energy expressly disclaims all warranties of any kind, express or implied, to the fullest extent permissible under applicable law, with respect to any of the content on this site or your use of this site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. You, and on behalf of Your agents, attorneys, and any and all affiliates and associates, hereby fully release and waive Mettle Energy, and its employees, owners, directors, and the like, from any and all lawsuits, demands, disputes, actions, causes of action, fees, invoices, billings, obligations, debts, liabilities, costs, damages and other claims, past, present or future, know nor unknown, arising from or relating to Your use of the Site (collectively, “Claims”). You agree not to sue with respect to any Claim subject to the foregoing release.

LIMITATION OF LIABILITY

Mettle Energy shall not be responsible for any damages, direct, indirect, special, or otherwise, foreseeable or not, including loss of data, use, revenue, income, goodwill, business, pain and suffering, emotional distress, or similar damages that are related to viruses affecting this Site, the use of the Site, or inability to use the Site. Mettle Energy’s liability, if any, shall not exceed the amount you have paid, if any, to Mettle Energy for the applicable content or service out of which the liability arose.

INDEMNIFICATION

Each time you use this Site, You confirm Your acceptance of this Agreement, and agree to be bound by it. You will indemnify and hold harmless Mettle Energy, its owners, officers, employees, legal representatives, and the like from and against any and all Claims, expenses, and damages arising out of use of the Site, violation of this Agreement, content posted by You or another user, violation of any law, regulation, or privacy right.

YOUR CONTENT SUBMISSIONS

You may submit content and data, either directly to the Site or via electronic communication, public or private, to Mettle Energy (“User Content”). You are responsible for User Content and shall not post content that is defamatory, obscene, libelous, offensive, or threatening. We may screen and/or remove User Content if it violates the terms of this Agreement, although We are under no obligation to do so. We disclaim all responsibility for User Content. If you find content that you believe violates the terms of this Agreement, contact Us at support@mettleenergy.com. You hereby authorize Mettle Energy an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute, publish, and/or broadcast, in whole or in part, in any medium and in any manner on this Site or otherwise, User Content submitted by You. You further authorize Mettle Energy to use information contained in, and data pertaining to, User Content and submissions for the purpose of current and new product development, refinement, and marketing. You will not be entitled to any compensation for any of the rights You grant to Mettle Energy for Your submitted User Content. You authorize Mettle Energy to use Your name, likeness, and any other information in connection with use of the user content You provide.

PRIVACY

You hereby acknowledge that You have no expectation of privacy with regard to User Content that you submit to the Site. We cannot guarantee the security of the information posted on, or transmitted through, the Site; You therefore acknowledge that use of the Site is at your own risk and without recourse against us. Any and all personal privacy information submitted to the Site through account registration and/or purchase of goods transaction, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Site may be collected and used by Mettle Energy for internal use. THIS INFORMATION SHALL NOT BE USED OR PURPOSEFULLY DISTRIBUTED OUTSIDE OF METTLE ENERGY, EXCEPT AS PROVIDED IN “YOUR CONTENT SUBMISSIONS”, AND TO COMPLY WITH LAWS AND REQUESTS MADE BY GOVERNMENTAL OR REGULATORY AGENCIES, TO PROTECT OR DEFEND METTLE ENERGY’S RIGHTS OR PROPERTY, OR TO PROTECT THE SAFETY OF METTLE ENERGY, METTLE ENERGY’S OWNERS OR EMPLOYEES, OR THE PUBLIC.

NO AGENCY OR THIRD PARTY BENEFICIARY

You agree that no agency or partnership relationship exists as a result of this Agreement to use the Site. You acknowledge that you have no authority to bind Mettle Energy. Mettle Energy shall not be held liable for any representation, act, or omission made by you. You agree that nothing in this Agreement is intended, or shall be construed, as creating rights in any third party.

SECURITY

You are forbidden to make attempts to compromise security measures in place on this Site. Mettle Energy reserves the right to investigate security incidents as necessary and provide information to law enforcement at our discretion to accomplish that end. By accepting this Agreement, you waive and hold harmless Mettle Energy from any Claims resulting from actions taken by Us or law enforcement authorities in the investigation and resolution of a security incident. Mettle Energy uses industry standard security measures to encrypt your data as it is transmitted to and from the Site and process your data on our Payment Card Industry (PCI) compliant servers. Insofar as We have followed industry standard measures and protocols, You agree that Mettle Energy will not be held responsible for security failures of other sites, payment systems, internet service providers, web site hosts, and encryption protocols, which are widely used and trusted, to include, but not limited to Secure Socket Layer (SSL), PayPal, Amazon Payments, WordPress and associated Plugins, HostGator, and credit card processors, as We have no reason to mistrust the same.

SEVERABILITY AND WAIVER

This Agreement supersedes all prior or contemporaneous communications in any form, between You and Mettle Energy in regards to the Site. If any portion of this agreement is found to be unenforceable, that provision shall be enforce to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder shall continue in full force and effect. Any failure by Innovation Ventures to enforce any provision of this Agreement shall not constitute a waiver of any rights under such provision or any other provision of this Agreement. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.

MISCELLANEOUS

This Agreement shall be construed according to the laws of the State of Colorado. You specifically consent to personal jurisdiction in Colorado in connection with any dispute or Claim between You and Mettle Energy, arising out of this Agreement or the use of the Site. You agree the exclusive venue for any such dispute or Claim will be in the state and federal courts in La Plata County, Colorado or the United States District Court, District of Colorado. Mettle Energy may revise this Agreement at any time; We bear no burden to notify users of a revision, and You agree to be bound by the revised agreement when using the Site after the date of revision. Any such modifications are effective immediately upon posting to the Site. You agree that by clicking on an “I agree”, “I’ve read and accept the terms and conditions” or similarly worded button or check box, that your consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.