Welcome to the Entelligent website. This Terms of Use agreement (“TOU”) together with any documents expressly incorporated by reference, describes your rights and responsibilities with respect to your access to and use of this website, including any content, functionality and services offered on or through Entelligent.com, whether as a guest or a registered user.

Entelligent, (together with its affiliates and all websites and services operated by or on behalf of BDC II, LLC dba Entelligent, “Entelligent,” “we,” “us,” “our” or, if in reference to any and all of our websites, the “Site”) is an ad and subscription-based service that provides users of our Site (“you” or “user”) diverse news and information services, subject to the terms and conditions described in this TOU. The news and information services include: newsfeeds, profiles, reports, newsletters and other data and information concerning publicly traded companies, business, energy industry, governmental policies, and the environment (collectively “Content”). We may offer additional free and “paid for” Content in the future. Please carefully read the TOU and Privacy Policy before you begin to use our Site. By using the Site, you agree to the TOU and to our Privacy Policy.

Please read this entire agreement carefully before using our website. By using the Site or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

Changes to TOU

We may revise and update this TOU Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Website following the posting of revised TOU means that you accept and agree to the changes. You are expected to check this page from time to time as you access this Website so you are aware of any changes, as they are binding on you.

Use of Site

This Site is intended only for your individual use in jurisdictions where provision of our Site’s content is legal. We make no representations that content and other information provided on our Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so at your own risk and are responsible for compliance with local law. We reserve the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Content, service or product that we provide.

By using the Site, you confirm that you are over the age of 18. This Site is not intended for people that are under the age of 18. If it comes to our attention, that any user is under the age of 18, we will cancel that user’s account. See further information in our Privacy Policy.

Securities Disclaimers / No Recommendations or Professional Advice

Entelligent is a news and information service that includes newsfeeds, profiles, reports, newsletters and other data and information concerning publicly traded companies, business, the energy industry, governmental policies, and the environment. This information is presented and made available solely for general information purposes. We are not securities brokers/dealers or tax, legal, insurance or investment advisors. You understand that no Content published on this Site constitutes a recommendation for any individual stock, portfolio of stocks, transaction or investment strategy that is suitable for any specific person, including yourself. You understand that an investment in any security is subject to a number of risks and that none of the Content published on the Site will identify or describe risks or other relevant information needed to make an investment decision with respect to any securities. You alone are responsible for your own investment decisions and acknowledge that nothing on this site, including, but not limited to, the Content is investment advice. You should independently verify all information included in our Site and our Content. We do not warrant the accuracy, completeness or usefulness of the Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents

You understand that our Site may contain analyses, profiles or opinions from time to time related to companies mentioned on our Site or in Content offered by us or included in our Site, and that information or data included in our Content may be different from information or data in another of our offerings or postings of Content. You understand that our management, employees, and/or immediate family and/or affiliates of any of these may have a personal interest in a security of a company, which we have mentioned or plan to mention in a profile, report, newsletter or other information. Further, non-employees, including outside authors or other content contributors or their affiliates may write about securities of a company in which they or their firms have a position, and that they may trade for their own account. We require anyone who writes an article, profile, report or contributes to newsletters or other data and information to disclose to us as part of any contributed Content, any position that he/she may directly hold in any security of any company mentioned in such Content. In instances where we become aware that author has violated his/ her disclosure obligation, we will take appropriate action.

Third-party Content

We obtain much of our Content through outside, third parties and contributors that we pay. We do not independently verify or “fact-check” the information included in the contributed Content. You understand: (i) that we believe data and other information provided by outside sources to be reliable, and Content contributors represent such to us; (ii) that any calculations made using such data, and those calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete or accurate. All statements and/or opinions expressed in the contributed Content, materials, and all articles and responses to questions and other content, other than the content expressly provided by Entelligent, are solely the opinions and the responsibility of the person or entity submitting the Content. These materials do not necessarily reflect the opinion of the Entelligent. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or submitted Content.

Timeliness of Content

From time to time, reference may be made on our Site to prior Content we have published. These references may be selective, may reference only a portion of an article, opinion or other piece of Content, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

All Content on our Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other events or reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Accessing the Site / Password Security / Personal Information

While we will take the necessary steps, we can’t guarantee that the Site will be available 24 hours per day and seven days per week every week of every year. Further, we may occasionally take the Site down for routine maintenance or other reasons and the Site will not be available during those times. Lastly, we reserve the right at any time and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Site, with or without notice.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

In order for you to have access to some of our Site’s services you must become a free subscriber (or “member”). To become a member, you must subscribe and provide personal information, including your first and last name, zip code, username, email address and password. Further, as we further develop our Content, we may add content that can only be accessed through a subscription. Your submission of personal information through our Site is governed by our Privacy Policy. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

If you have a password to access member areas of our Site, you are solely responsible for maintaining the confidentiality and use of your password and other security data. You may never share your user name or password or knowingly provide or authorize access to your account without our permission.

By creating a member account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Further, you agree that you will notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any use made from your account or password and the losses of Entelligent or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.

All information we collect on this Site is subject to our Privacy Policy . By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, and terminate your access to our Site at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights and Trademarks

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Entelligent, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, photos, video, audio, software code, user interface design, interactive features, and any other Content on our Site, and the trademarks and service marks contained in the Site are our property.

You may access and use the Content from our Site, solely for your personal, non-commercial use. If you download the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not modify copies of any of the Content from this Site or use any illustrations, photographs, video or audio sequences or any graphics separate from the accompanying text.

You acknowledge that you do not acquire any ownership rights by using the Site. We reserve all rights not expressly granted in and to the Site.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

Our name, the terms, the Entelligent logo and all related names, logos, product and service names, designs and slogans are trademarks of Entelligent or its affiliates or licensors. You must not use such marks without the prior written permission of Entelligent. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these TOU, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Entelligent. Any use of the Site not expressly permitted by these TOU is a breach of these TOU and may violate copyright, trademark and other laws.

Linking

Our Site contains links to other websites or links to Content created by third parties which is published on our Site. As stated above, we neither control nor endorse other websites or Content, nor have we reviewed or approved any Content that appears on such other websites or on our Site. Please read the terms of use and privacy policy of any such third-party sites that you interact with before you engage in any activity.  You are solely responsible and liable for your use of and linking to all third-party sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any Content, advertising, products, services, or information located on our Site or any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. In addition, third-party trademarks and service marks that maybe found on our Site or that may be linked to our site are the property of their respective owners.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Copyright Infringement

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), if you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). The written notice (the “DMCA Notice”) must include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works, including the web page address;
3. An identification of the allegedly infringing material, and a description of where that material is located on our Site, including the web page address;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the copyright owner, or that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive the DMCA Notice is:

Diana Kubik

By mail: BDC II, LLC dba Entelligent, 5378 Sterling Drive, Boulder, CO 80301

By phone: 303-443-9447

By email: Copyright@entilligent.com

If you fail to comply with all of the requirements of your DMCA Notice may not be effective. If you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under the DMCA.

This section shall survive any termination of these TOU.

Changes to Site

We reserve the right, at any time in our sole discretion, to:

• Change our Site, including suspension or discontinuation of the Site or any Content or service offered through our Site, without notice;
• Charge a fee or other condition to use our Site, with reasonable notice

You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Site or any Content offered through the Site. You accept those modifications if you continue to use our Site. You should check our Site frequently to see any recent changes.

User Code of Conduct

By using this Site, you agree to:

• Comply with all terms contained within this TOU and the Privacy Policy;
• Comply with all applicable laws, rules and regulations in connection with your use of our Site and its Content; and
• When creating your account, you will provide accurate and complete information.

Further, by using the Site, you agree to NOT to do any the following:

• Create more than one account;
• Share your account user name or password or knowingly provide or authorize access to your account;
• Use another user's account without permission;
• Use our Site for any unlawful purpose;
• Use, copy, display, sell, republish, post, transmit, distribute or otherwise similarly utilize our Content without our permission;
• Collect information about our visitor or members without their express consent;
• Restrict or inhibit any other visitor or member from using our Site, including but not limited to by means of “hacking,” “cracking,” or otherwise defacing any portion of our Site;
• Claim or imply that any statements you make are endorsed by us, without prior written consent;
• Transmit any software or other materials that contain any virus, worm, or any other harmful or disruptive computer code, file or program;
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, download, index, “data mine,” “scrape,” “harvest’” or in any way reproduce or circumvent the navigational structure or presentation of our Site or its contents;
• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Site;
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Website.

Future Content

In the future, Entelligent plans to offer additional subscription and other services. As we further develop our Content offerings, we anticipate that, among other things, there will be additional Content, some of which will require a subscription fee to be paid to access, expansion of the copyright, User Code of Conduct and other portions of this TOU, and insertion of new provisions to this TOU. We will update this TOU and our Privacy Policy to reflect the appropriate information as changes are made to the Site. You should check our Site frequently to see recent changes.

Termination

You understand that we may terminate your access to and use of our Site, without prior notice to you. We may cancel your access for any reason, including, but not limited to violation of the terms contained in this TOU or by request of law enforcement or other regulatory authorities.

Indemnification

By using our Site, you agree to indemnify and hold us, our officers, directors, employees, representatives and third-party Content providers harmless from and against any and all claims, losses, liability, damages, costs and expenses (including reasonable attorneys’ fees), or other expenses that arise from your use of our Site or your violation of this TOU. This section shall survive any termination of these TOU.

Monitoring and Disclosure

• We reserve the right to access, read, preserve, and disclose any information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce this TOU, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect our rights, property or safety or our users, your or the public.
• We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City and County of Denver, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOU OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Entelligent of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Entelligent to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The TOU and our Privacy Policy constitute the sole and entire agreement between you and Entelligent with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

DISCLAIMER OF WARRANTIES

ENTELLIGENT DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT OUR SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OUR SITE AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH OUR SITE ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. WE DO NOT WARRANT THAT OUR SITE WILL MEET YOUR NEEDS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALSO MAKE NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE OR THAT THE QUALTIY OF PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ENTELLIGENT OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

LIMITIATON OF LIABILITY

NEITHER ENTELLIGENT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH ENTELLIGENT (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE FIDELITY SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ENTELLIGENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

Contact Us

If you have any questions about this TOU or our Privacy Policy or the practices described herein, please contact us at:

BDC II, LLC dba Entelligent

5378 Sterling Drive Boulder, CO 80301

Telephone: 303-443-9447

Email: support@entelligent.com