These Terms of Use (“Terms”) govern your access to and use of www.lydianenergy.com and any webpages that link to these Terms (collectively, the “Website”).
The Website is operated by Lydian Energy LLC (“Lydian,” “we,” “us,” or “our”).
By accessing or using the Website, you agree to these Terms. If you do not agree to these Terms, please do not use the Website.
1. Website Content
The Website provides general information about Lydian, our business, team, projects, activities, and the power infrastructure industry.
Content on the Website is provided for informational purposes only. Nothing on the Website constitutes professional, legal, tax, financial, engineering, investment, or other advice.
Nothing on the Website constitutes an offer to sell, a solicitation of an offer to purchase, or a recommendation regarding any security, investment product, financing, project interest, or other financial instrument. Nothing on the Website creates an obligation or commitment by Lydian or any other party to enter into any transaction.
2. Project and Business Information
Information concerning Lydian’s projects, including project locations, generating or storage capacity, acreage, technology, development or construction status, expected commercial operation dates, financing, counterparties, and other project characteristics, reflects information available at the time of publication.
Power infrastructure projects are subject to development, permitting, interconnection, financing, construction, commercial, regulatory, market, and other risks and uncertainties. Project information may therefore change without notice.
References to anticipated schedules, expected commercial operation dates, project capacities, development milestones, financing, future activities, or similar matters should not be interpreted as guarantees or commitments regarding future performance or results.
3. Forward-Looking Information
The Website may contain statements concerning expectations, plans, projections, objectives, future events, or future performance. Such statements are inherently subject to risks, uncertainties, assumptions, and circumstances that may cause actual events or results to differ.
Lydian undertakes no obligation to update forward-looking information on the Website except as required by applicable law.
4. Intellectual Property
Unless otherwise indicated, the Website and its contents, including text, photographs, graphics, illustrations, logos, icons, designs, page layouts, videos, software, and other materials, are owned by or licensed to Lydian and are protected by applicable copyright, trademark, and other intellectual property laws.
“Lydian,” the Lydian name and logo, and other Lydian marks are trademarks or service marks of Lydian or its licensors.
You may view and use the Website for lawful, personal, informational, and non-commercial purposes.
Except as permitted by applicable law or with our prior written consent, you may not reproduce, distribute, modify, republish, publicly display, commercially exploit, or create derivative works from Website content.
All rights not expressly granted in these Terms are reserved.
5. Automated Access, Scraping, and Text and Data Mining
Lydian expressly reserves all rights in Website content with respect to text and data mining, web scraping, and similar automated collection, extraction, or reproduction of content, including for the purposes of training, developing, fine-tuning, or providing input to any machine learning model or artificial intelligence system.
You may not use crawlers, bots, scrapers, or other automated means to access, collect, or copy Website content without our prior written consent, other than in accordance with the instructions set out in the Website’s robots.txt file.
6. Acceptable Use
You agree not to:
- Use the Website in violation of applicable law or regulation
- Attempt to gain unauthorized access to the Website, its servers, or related systems
- Interfere with the operation or security of the Website
- Introduce viruses, malicious code, or other harmful technologies
- Use automated systems to access or extract Website content except as permitted under Section 5
- Misrepresent your identity or affiliation with another person or organization
- Use Website content in a misleading, defamatory, unlawful, or infringing manner
- Remove, obscure, or alter any copyright, trademark, or other proprietary notice
We may restrict or terminate access to the Website where we reasonably believe these Terms have been violated.
7. Third-Party Links
The Website may contain links to third-party websites or services, including websites of business partners, news organizations, social media platforms, recruiting providers, and other organizations.
These links are provided for convenience and informational purposes only. Lydian does not control and is not responsible for third-party websites, their content, availability, security, privacy practices, products, or services.
The inclusion of a link does not necessarily constitute Lydian’s endorsement of the third party or its content.
Your use of third-party websites is subject to the applicable third party’s own terms and policies.
8. Employment Opportunities
Information regarding employment opportunities is provided for informational purposes and does not constitute an offer or guarantee of employment.
Job descriptions, qualifications, locations, compensation, availability, and other employment-related information may change or be withdrawn at any time.
Applications submitted through a third-party recruiting platform may also be subject to that provider’s terms and privacy practices.
Lydian is an equal opportunity employer and considers applicants in accordance with applicable law.
9. Accuracy and Availability
We seek to provide useful and accurate information, but we do not represent or warrant that Website content is complete, accurate, current, or error-free.
We may modify, remove, suspend, or discontinue any part of the Website or its content at any time without notice.
10. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LYDIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY.
WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not permit certain warranty exclusions, so some of these exclusions may not apply to you.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LYDIAN AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR ITS CONTENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF LYDIAN AND THE PARTIES LISTED ABOVE ARISING OUT OF OR RELATED TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
This includes damages arising from reliance on information presented on the Website or from third-party websites linked from the Website. These limitations apply regardless of the legal theory on which a claim is based and even if we have been advised of the possibility of such damages.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
12. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Lydian and its affiliates, officers, directors, employees, agents, and representatives from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Website, your violation of these Terms, or your violation of any law or the rights of any third party.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of that matter.
13. Privacy
Your use of the Website is also subject to our Privacy Policy, which describes how information may be collected and used in connection with the Website. The Privacy Policy is incorporated into these Terms by reference.
14. Changes to These Terms
We may update these Terms from time to time.
Changes will become effective when the revised Terms are posted to the Website, unless otherwise stated. The “Effective Date” at the top of this page indicates when these Terms were most recently updated.
Your continued use of the Website after revised Terms are posted constitutes acceptance of the updated Terms.
15. Governing Law and Venue
These Terms and your use of the Website will be governed by the laws of the District of Columbia, without regard to its conflict-of-law principles, except to the extent applicable law requires otherwise.
Any dispute relating to these Terms or the Website will be subject to the exclusive jurisdiction of the state or federal courts located in the District of Columbia, and you consent to personal jurisdiction and venue in those courts, except where applicable law provides otherwise.
The Website is controlled and operated from the United States. We make no representation that Website content is appropriate or available for use in other locations. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local law.
16. General Provisions
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions will continue in full force and effect.
Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Lydian regarding the Website and supersede any prior understandings on that subject. They do not supersede or modify the terms of any separate written agreement between you and Lydian.
No waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or of any other provision.
Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a corporate transaction.
Survival. Sections 4, 5, 10, 11, 12, 15, and 16 survive any termination of your access to the Website.
Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
No third-party beneficiaries. These Terms do not create any third-party beneficiary rights, except that the parties identified in Sections 11 and 12 may enforce those sections.
17. Contact Us
Questions regarding these Terms may be directed to:
Lydian Energy LLC
1501 M Street NW, Suite 800B
Washington, DC 20005
Email: legal@lydianenergy.com