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1. Acceptance of our Terms By visiting the website NRGXP.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to NRGXP.com, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of NRGXP.com. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and NRG Experimental LLC, owner and operator of NRGXP.com, and that your use of NRGXP.com shall indicate your conclusive acceptance of this Agreement. 2. Provision of Services You agree and acknowledge that NRGXP.com is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that NRG Experimental LLC is entitled to provide services to you through subsidiaries or affiliated entities. 3. Proprietary Rights You acknowledge and agree that NRGXP.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. NRG Experimental LLC authorizes you to view and make a single copy of portions of NRGXP.com content for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without NRG Experimental LLC’s prior written consent, which consent may be delayed or denied in its sole discretion. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved. 4. Submitted Content When you submit content to NRGXP.com, you simultaneously grant NRG Experimental LLC an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to NRG Experimental LLC. 5. Termination of Agreement The Terms of this Agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this Agreement. 6. Disclaimer of Warranties You understand and agree that your use of NRGXP.com is entirely at your own risk and that our services are provided "As Is" and "As Available." NRG EXPERIMENTAL LLC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER AS TO THE OPERATION OF THE NRGXP.COM WEBSITE, INFORMATION, CONTENT, MATERIALS OR PRODUCTS. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. 7. Limitation of Liability YOU UNDERSTAND AND AGREE THAT NRG EXPERIMENTAL LLC, AND ANY OF ITS SUBSIDIARIES OR AFFILIATES SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SERVICE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SUCH SERVICE OR ACCESS TO INFORMATION, OR THE DELETION OR CORRUPTION OF ANY CONTENT OR INFORMATION, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION. THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT NRG EXPERIMENTAL LLC HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBLITY OF SUCH DAMAGES. IN JURISDICTIONS WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, THE LIABILITY OF NRG EXPERIMENTAL LLC IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 8. External Content NRGXP.com may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that NRGXP.com is not responsible for and does not endorse any advertising, products or resources available from such resources or websites. 9. Jurisdiction You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of Rochester, Monroe County, New York, regardless of any conflicts of law issues, to resolve any legal matter arising from this Agreement or related to your use of NRGXP.com. If the court of law having jurisdiction rules that any provision of this Agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid. 10. Entire Agreement You understand and agree that the above Terms constitute the entire general Agreement between you and NRG Experimental LLC regarding the use of NRGXP.com, the subject matter of this Agreement. You may be subject to additional Terms and Conditions when you use, purchase or access other services, affiliate services or third-party content or material. 11. Changes to the Terms NRG Experimental LLC reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of NRGXP.com after any changes to Terms will signify your agreement to be bound by them.