Terms & Conditions
This website is operated by DGS Energy, LLC (“DGS”). Your use of this website and/or your purchase of products from DGS bind you to the below Terms and Conditions (“Terms”). Any reference to or mention of “dgsenergy.com”, “us”, “we”, or “our” expressly includes DGS, and vice versa.
Release of Liability and Indemnification Obligations
Nothing contained on dgsenergy.com or otherwise published or communicated by DGS will be construed as providing consult or advice to you. Thus, DGS expressly disclaims any and all liability for the accuracy of information provided to you, and for how you use information provided to you, by DGS, and you understand and acknowledge that DGS cannot be held liable for how you or anyone else uses any information you receive from DGS. Therefore, you explicitly agree to release, hold harmless, indemnify, and pay to defend DGS and its owners, agents, officers, and employees against any resulting claims, actions, damages, costs, fines, investigations, assessments, and expenses (including reasonable attorney’s fees) and/or civil liability or criminal prosecution arising from or related to your use of the site and/or any information provided by DGS, including all information on the website and all information published or communicated by representatives or agents of DGS. Additionally, you also fully understand and agree that by placing an order with dgsenergy.com, you alone are responsible for how the products you purchased from dgsenergy.com are used by you and any other party. You explicitly agree to release, hold harmless, indemnify, and pay to defend DGS, its owners, officers, employees, and agents, against any and all civil or criminal claims, claims, actions, damages, costs, fines, investigations, assessments, liabilities, and expenses (including reasonable attorneys’ fees) arising from or related to the products you have purchased. If another party files a claim of any kind against DGS related to your purchase or use of products you ordered from dgsenergy.com, you explicitly agree to release, hold harmless, indemnify and pay to defend DGS, its owners, officers, employees, and agents, against any and all civil or criminal claims, claims, actions, damages, costs, fines, investigations, assessments, liabilities, and expenses (including reasonable attorney’s fees).
Class Action Waiver
You explicitly agree that any dispute resolution proceedings, including but not limited to, litigation, arbitration, and mediation, will be conducted only on an individual basis and not in a class, consolidated, or representative action. By making this express agreement, you acknowledge and affirm that this is a knowing, voluntary, and permanent waiver of any right to bring federal, state, or local claims as any part of, or on behalf of, any class or any other individuals, before a court or other tribunal.
Trademarks & Copyrights
You expressly acknowledge that all content on dgsenergy.com is the exclusive intellectual property of DGS, and all such rights (whether under copyright, trademark, common law, or any other form of intellectual property ownership) are reserved to and by DGS alone. You expressly agree not to take any action inconsistent with DGS’s intellectual property rights.
Recording Customer Phone Calls
Our goal is to at all times give you first-class customer service. In furtherance of that goal, we may record your phone calls with DGS, so we can monitor how we’re doing and evaluate how we can improve. You explicitly authorize DGS to record and monitor your phone calls with any of its agents or representatives.
- Should DGS employ an attorney to collect payment, to otherwise enforce these Terms, or to enforce any judgment based thereon, DGS will be entitled to receive its reasonable attorneys’ fees and costs.
- These Terms will be construed under the laws of the State of Tennessee, regardless of conflict of law principles. Any legal actions arising from these Terms must be filed within a court located in Knox County, Tennessee. Any legal action filed within any other jurisdiction shall be immediately removed to a court within Knox County, Tennessee.
- If any provision of these Terms is declared by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of these Terms will continue in full force and effect, and the offending provision will be construed so as to be valid and enforceable in keeping with the parties’ intent.
- The waiver by DGS of a breach of any provision of these Terms by Client will in no way be construed as a waiver of any succeeding breach of such provision or a waiver of the provision itself. No waiver of any provision of these Terms, whether by conduct or otherwise, in any one or more instances, will constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver, and no waiver will be binding unless executed in writing.
- The rights and remedies of DGS under these Terms are not exclusive, but are cumulative, and are in addition to all other rights and remedies provided by law or equity.