These Terms of Service apply to the website of Energy Spectrum (“Energy Spectrum, “we” or “us”), located at https://energyspectrum.com/ (the “Website”). By accessing or using the Website, you acknowledge that you have read these Terms of Service in their entirety and agree to abide by them. If you do not accept these Terms of Service, do not use the Website. Energy Spectrum may change these Terms of Service at any time. If we make any material changes to the Terms of Service, we will post them on the Website.
Nothing on the Website is an offer or solicitation to buy or sell any security or constitutes a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment strategy. Nothing on the Website is intended to be investment, accounting, tax or legal advice. Forward-looking statements on the Website are not guarantees of the underlying expected actions or future performance, and future results may significantly differ from those anticipated by any such statements. Although the Website may include historical investment-related information or Energy Spectrum’s past performance, that information is not indicative of future results, and there is no assurance that future performance will be comparable to past performance.
All content included on the Website, such as documents, photographs, graphics and other materials, is the intellectual property of Energy Spectrum (or appropriately licensed or used by Energy Spectrum) or other parties, who may be or may not be affiliated with Energy Spectrum. We own rights in the trademark “Energy Spectrum Capital” and associated trademarks and logos. Other trademarks are the property of their respective owners. You are licensed to access the Website and to use its contents solely for your own personal use and benefit and not for resale, redistribution or other transfer or disposition to, or use by or for the benefit of, any other person or entity. Except as provided above, you may not otherwise use any of the Website’s content without permission from us or other owners of such content. Without limiting the foregoing, you may not use, transfer, distribute or dispose of any information contained on the Website in any manner that could compete with the business of Energy Spectrum or its portfolio companies.
You acknowledge that we provide the Website and its contents on an “as is” basis with no warranties of any kind, express or implied, including that the Website will be accessible, error free, merchantable or fit for a particular purpose, or that the contents will be non-infringing. Your use of the Website and your use of or reliance upon any of its contents is solely at your own risk.
The Website may contain links to websites of our portfolio companies and those of other third parties. These Terms of Service apply only to the Website and do not apply to any other website, including, as described below, the Limited Partner Portal, that may link to or may be linked from it. We do not control, and we are not responsible for, your usage and the privacy policies or practices or security of any other websites. We encourage you to read those websites’ terms of service and privacy policies.
These Terms of Service shall be governed in all respects by the laws of the State of Texas, without regard to any conflict of laws principles.
Any dispute arising out of these Terms of Service or your use of the Website shall be resolved under the jurisdiction of the State of Texas.
Your use of the Website is governed by this Privacy Policy. This Privacy Policy does not apply to any information you provide to us separately from the Website, whether through email, postal mail or during a telephone call, including when making an investment in a fund managed by Energy Spectrum. Energy Spectrum maintains a separate privacy policy for its registered investment adviser entity, ESP Investment Advisors LLC.
We do not collect any personally identifiable information through the Website about its visitors. We do, however, use a third-party web-hosting provider, and it routinely logs visitor Internet protocol (“IP”) addresses. The provider does not provide us with any such information. It is possible that the third-party service provider would be able to identify you by a combination of your IP address and other information. In addition, our Website uses site-specific cookies, through which small amounts of data are sent to your computer from the third party’s web server and stored on your computer’s hard drive. This data identifies you as a unique user when visiting the Website and helps in its ongoing maintenance. This technology does not provide us with any information about your name, address, phone number, email address or any other personally identifiable information.
The Website is hosted in the United States. If you access the Website from outside the United States, you will be transferring your IP address and information collected by cookies to the United States. Please be advised that the United States does not offer the same protections for the personal information of individuals as countries within the European Economic Area.
Depending on your state and country of residence, you may have a right to (i) request information about any personal information, including IP addresses and information collected by cookies, and copies of any such personal information and (ii) request that such personal information be deleted. To submit such a request, please contact our General Counsel as set out below.
We maintain commercially reasonable operational policies, including physical, electronic and procedural protections, to safeguard and secure our data networks. We cannot guarantee the absolute security of our servers or databases or those of our third-party service providers. You use the Website at your own risk.
If you have any questions about the Website and/or the Terms of Service or Privacy Policy, you may contact the General Counsel by telephone at 214-987-6100 or by email at ashley.deluca@energyspectrum.com.
The foregoing Terms of Service and Privacy Policy do not apply to any Limited Partner’s use of the Limited Partner Portal, which is accessible through a link on the Website. A service provider powers and hosts the Limited Partner Portal, and use of the Portal is governed by that service provider’s terms of use and privacy policy. We assume no liability or responsibility for use of the Limited Partner Portal.
