Terms of Use

Updated January 3, 2023

Limited License
Engoa, LLC, a California limited liability company, provides this website and certain mobile applications. We grant you a limited, personal, non-exclusive, non-transferable, license to access, view and read its contents.

Copyright And Trademark Restrictions
This website and its contents (including text, data, information, graphics, images, designs, videos, audio, software or other code, as well as the selection, compilation, layout, and arrangement of such content), is the property of Engoa, LLC, its affiliates and licensors, and is protected by copyright and other applicable laws. Similarly, the trademarks and logos displayed on this website are the registered and unregistered trademarks of Engoa, LLC, its affiliates and licensors. We do not grant you, expressly or by implication, any license or right to use any such trademarks or logos. You may not modify, copy, republish, or distribute any part of this website.

Advertisements, Affiliate Links, and Paid Posts
This website may advertise third-party products, services, and/or other websites. We may also receive compensation for posting content or through affiliate links. Except as required by law, we may not explicitly disclose compensation we receive for such products or services. In no event shall we be liable to you or any other person as a result of your decision to access or use any third-party website or their products or services.

To the maximum extent permitted by applicable laws, WE PROVIDE THIS WEBSITE, OUR MOBILE APPLICATIONS, AND THEIR CONTENTS ON AN “AS-IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, express or implied, including, without limitation, any warranties regarding title, noninfringement of third-party rights, accuracy, completeness, merchantability or fitness for any particular purpose. We also do not warrant that the website or our apps will be bug or error free.

No Legal, Financial or Tax Advice
The website is not intended for the delivery of, and shall not be deemed to provide, any legal, financial or tax advice. You should rely exclusively on your own, independent, legal, financial and tax professionals to ensure that materials and information that we provide – and your interpretation of any such materials and information – is accurate, up-to-date, and suitable for you and your circumstances.

We may update, change, suspend or discontinue all or any part of the website at any time without notice to you, including changes we may make from time-to-time to these Terms of Use. Any changes that we make to these Terms of Use shall be effective immediately when we post them to our website. Your use of the website thereafter shall be governed exclusively by the most recent version of the Terms of Use.

Some areas of our website may require you to provide your name, contact details and other data. In submitting such information, you agree to ensure that it is truthful, accurate and complete. You acknowledge that if any information that you provide is untrue, inaccurate, or incomplete, we reserve the right to terminate your use of the website, among other remedies available to us under applicable law.

Certain links provided on this website will launch other websites that are not owned controlled by us. We provide such third-party links solely as a convenience to you, but we do not endorse any such third-party websites or their contents, products or services. If you visit any such third-party website; if you provide or allow them to track your personal data; or if you purchase or otherwise gain access to any of their products or services, you agree to lodge any complaints or disputes regarding such third-party’s website and its offerings directly and exclusively with such third party. Although we are committed to linking to websites owned by reputable companies, we do not review or control how such third parties operate their businesses, including their websites; how they may use or collect information about you; or how they offer and provide their products and services. In no event shall we be liable to you or any other person as a result of your decision to access or use any third-party website or their products or services.

Limitation Of Liability
To the extent allowed by applicable law, IN NO EVENT SHALL ENGOA, LLC OR ANY OF OUR AFFILIATES OR LICENSORS, OR ANY OF OUR OR THEIR, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE, including for any direct, indirect, consequential, incidental, special, exemplary, punitive or other damages of any kind, even if we have been advised, knew, or should have known of the possibility of such damages, however caused and whether arising under a theory of contract, tort (including, without limitation, negligence) or otherwise. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE OR APPS IS TO STOP USING THE WEBSITE OR APPS.

We reserve the right to limit, restrict, block, suspend and/or terminate your access to our website, or any part thereof, at any time, for any reason, without notice or liability.

Governing Law
The laws of the State of California law, without regard to conflicts or choice of law principles, shall govern the interpretation of these Terms of Use.

Except for matters of injunctive relief, for which we may seek arbitration or initiate proceedings in any court of competent jurisdiction, any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be finally and exclusively determined by binding arbitration. The number of arbitrators shall be one. The place of the arbitration shall be Los Angeles County, California. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitration proceeding may be entered in any court of competent jurisdiction.

Attorneys’ Fees
If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to these Terms of Use or the breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a dismissal without prejudice, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.

Any waiver of a breach of or a default under any provision of these Terms of Use must be in writing to be effective and shall not be construed as a waiver of any subsequent breach of or default under the same or any other provision of these Terms of Use. Any delay or omission in the exercise of any right or remedy available hereunder or in connection herewith shall not operate as a waiver of any right or remedy.

If the application of any provision of these Terms of Use to any particular facts or circumstances is held to be invalid or unenforceable by an arbitration panel or a court of competent jurisdiction, then (i) the validity and enforceability of such provision as applied to any other particular facts or circumstances and the validity of other provisions of these Terms of Use shall not in any way be affected or impaired thereby and (ii) such provision shall be enforced to the maximum extent possible so as to effect the intent of the provision and reformed without further action to the extent necessary to make such provision valid and enforceable.

No Assignment
You may not assign these Terms of Use, in whole or part, whether voluntarily, by operation of law or otherwise, without our written consent. Subject to the preceding sentence, the rights and liabilities of the parties hereto shall bind, and inure to the benefit of, their respective assignees and successors and are binding on the parties and their successors and assigns.

Entire Agreement

These Terms Use constitute the entire agreement between the Engoa, LLC and you concerning your use of this website and supersede all prior or contemporaneous representations, agreements and communications relating thereto and all past courses of dealing or industry custom.