These Terms of Use, which are deemed to include Blue Energy’s Privacy Statement, apply to the use of the Blue Energy Web site. By using the Blue Energy Web site, you agree to be bound by these Terms. In addition, any subscription for products or services through this website will be subject to the specific terms and any subscription agreement (Specific Terms) applicable to those products or services. In the event of a conflict between these Terms of Use and the Specific Terms, the Specific Terms will prevail.

Disclaimer of Warranties and Exclusion of Liability

Unless otherwise specifically stated in writing the Blue Energy Web site and all content, products and services made available to you through the Blue Energy Web site are provided by Blue Energy on an “as is, as available” basis. To the fullest extent permissible by applicable law, Blue Energy expressly disclaims all warranties including, where otherwise applicable and without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Blue Energy does not warrant that the Blue Energy Web site or any content, products or services included in or made available to you through the Blue Energy Web site or emails sent from Blue Energy are free of viruses or other harmful components. Blue Energy will not be liable for any loss, liability, injury, claim, expense or damage of any kind in any way resulting from, due to or arising in connection with your use of or inability to use the Blue Energy Web site.

Intellectual Property Rights

You agree that the Blue Energy Web site and all content are protected by copyrights, patents, service marks, trademarks or other proprietary rights and laws. Blue Energy authorises you to copy content published on the Blue Energy Web site for your personal, non-commercial use only.

Indemnification

You agree to indemnify, defend and hold harmless Blue Energy, its officers, directors, agents, employees, suppliers, licensors and any third party providers of information to the Blue Energy Web site (Indemnified Parties) from and against all losses, liabilities, injuries, claims, expenses or damages of any kind in any way resulting from, due to or arising in connection with your use of the Blue Energy Web site in breach of these Terms of Use. This indemnification provision is for the benefit of each of the Indemnified Parties and each such party will have the right to assert and enforce this provision against you on its own behalf.

Severability

If any provision of these Terms of Use is held to be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.

Changes to these Terms of Use

Blue Energy reserves the right to modify these Terms of Use at any time without notification to you. Blue Energy encourages you to periodically review these Terms of Use to be informed of any modifications.