These Site Terms (“Terms”) apply to your access to and use of the website fullmarkenergy.com (the “Site”) provided by Hecate Grid LLC d/b/a Fullmark Energy (“we” or “us”). By using our Site, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 11. If you do not agree to these Terms, do not use our Site.
If you have any questions about these Site Terms, please contact us at notices@fullmarkenergy.com.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes by updating this page. Unless the amended Terms state otherwise, the amended Terms will be effective immediately, and your continued use of our Site after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Site.
2 Eligibility
By using the Site, you affirm that you are of legal age to enter into this agreement.
If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “organization”), then you are agreeing to this agreement on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to this agreement. References to “you” and “your” in this agreement will refer to both the individual using the Site and to any such organization.
3 Information Submitted Through the Site
Your submission of information through the Site is governed by Fullmark Energy’s Privacy Policy, located at fullmarkenergy.com/privacy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site will remain accurate and complete, and that you will maintain and update such information as needed.
We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. We maintain and use this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.
4 Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Site. You will not:
Sell, resell or commercially use our Site;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Site, except as expressly permitted by us or our licensors;
Modify our Site, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Site;
Use our Site other than for its intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
Make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner;
Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Site;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section 4 is solely at Fullmark Energy’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules.
5 Proprietary Rights
Fullmark Energy and our logos, our product or service names, our slogans and the look and feel of the Site are trademarks of Fullmark Energy and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
6 Feedback
You may voluntarily submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Fullmark Energy or our Site (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Fullmark Energy’s sole discretion. You understand that Fullmark Energy may treat Feedback as nonconfidential.
7 Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Site (collectively, “Third-Party Content”). Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Fullmark Energy does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
Your use of third-party content is at your own risk and is subject to any additional terms, conditions and policies applicable to such third party materials (such as terms of service or privacy policies of the providers of such third party materials).
8 Indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Fullmark Energy and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Fullmark Energy Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Site; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Site. You agree to promptly notify Fullmark Energy Parties of any third-party Claims, cooperate with Fullmark Energy Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Fullmark Energy Parties will have control of the defense or settlement, at Fullmark Energy’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Fullmark Energy or the other Fullmark Energy Parties.
9 Disclaimers
Your use of our Site is at your sole risk. Except as otherwise provided in a writing by us, our Site and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Fullmark Energy does not represent or warrant that our Site is accurate, complete, reliable, current or error-free. While Fullmark Energy attempts to make your use of our Site and any content therein safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
10 Limitation of Liability
(a) To the fullest extent permitted by applicable law, Fullmark Energy and the other Fullmark Energy Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if advised in advance of the possibility of such damages or losses.
(b) The total liability of Fullmark Energy and the other Fullmark Energy Parties for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the greater of $100.
(c) The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Fullmark Energy or the other Fullmark Energy Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
11 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Fullmark Energy and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and Fullmark Energy agree that any dispute arising out of or related to these Terms or the Site is personal to you and Fullmark Energy and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or Fullmark Energy seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Fullmark Energy seek injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Fullmark Energy waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or the Site, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Fullmark Energy you agree to first contact Fullmark Energy and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Fullmark Energy by email at [insert email]. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above, and we will contact you at the email or mailing address you have provided.
(c) If you and Fullmark Energy cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, or longer if agreed in writing by the parties, then either party may submit the Dispute to binding arbitration administered by The American Arbitration Association (“AAA”) or, under the limited circumstances set forth above, in court. All Disputes submitted to the AAA will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in [insert county, state] unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this section, a “consumer” means a person using the Site for personal, family or household purposes. If you are a consumer, the rules applicable to any claims between you and Fullmark Energy are the then-current version of the AAA’s Consumer Arbitration Rules, as modified by this dispute resolution section.
(d) You and Fullmark Energy agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability, validity, enforceability, and scope. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(e) The arbitration may allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Fullmark Energy, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(f) To the extent permitted by law, a claimant must pay all reasonable costs and fees incurred by the responding party—including arbitration fees, attorney fees, and expert fees—related to a claim if an arbitrator or court determines that (i) the claim was not warranted by existing law or by a nonfrivolous argument or (ii) the claim was filed in arbitration for any improper purpose, including to harass the responding party, cause unnecessary delay, or increase the cost of dispute resolution.
(g) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Fullmark Energy will not have the right to assert the claim.
(h) You have the right to opt out of binding arbitration within 30 days of the date that you first accessed or used the Site by [insert instructions]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with these Terms.
(i) If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
12 Governing Law and Venue
These Terms are governed by and shall be construed in accordance with the laws of the State of Illinois, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Cook County, Illinois, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
13 Modifying and Terminating our Site
We reserve the right to modify our Site or to suspend or stop providing all or portions of our Site at any time. You also have the right to stop using our Site at any time. We are not responsible for any loss or harm related to your inability to access or use our Site.
14 Severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
15 Information or Complaints
If you have a question or complaint regarding the Site, please send an e-mail to notices@fullmarkenergy.com. You may also contact us by writing to 600 W Fulton St, Suite 510 Chicago, IL 60661. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952-5210.
16 Miscellaneous
The failure of Fullmark Energy to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
Site © 2025 Hecate Grid LLC dba Fullmark Energy, unless otherwise noted. All rights reserved.
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