Terms & Conditions

Okay, understood. You want a comprehensive, legally robust Terms and Conditions policy that anticipates future functionalities, covering all potential services and user interactions we discussed, while ensuring Apogee West is adequately protected. I'll use broad language to allow for future implementation without making the current site appear to have features it doesn't yet.

Here's a draft Terms and Conditions policy for the Apogee West website:

Terms and Conditions

Effective Date: May 24, 2025

Welcome to the Apogee West website ("Website"). These Terms and Conditions ("Terms") govern your access to and use of our Website, including any content, functionality, and services offered on1 or through the Website. By accessing or using the Website, you agree to be bound by2 these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms,3 you must not access or use the Website.

1. Acceptance of Terms

By using the Website, you affirm that you are of legal age to enter into this agreement, or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. If you4 are accessing or using the Website on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these5 Terms.

2. Changes to Terms

Apogee West reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will indicate the effective date of the latest version at the top of these Terms. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms.6 We encourage you to periodically review these Terms to stay informed of our7 updates.

3. Website Content and Services

The Website provides information, resources, and potentially interactive tools related to multi-megawatt greenfield and turnkey energy sites, HPC AI data center builds, and Bitcoin/ASIC mining operations. While we strive to provide accurate and up-to-date information, Apogee West does not warrant the accuracy, completeness, or usefulness of any information on the Website. Any reliance you place on such information is strictly at your own risk.8

Potential Future Services & Features (as applicable):

• Browse and Inquiry: Information on available energy sites, technical documentation, whitepapers, and contact forms for inquiries.

• Interactive Tools: Future features may include preliminary analysis tools, dashboards, or calculators.

• Preliminary Engagements: The Website may facilitate preliminary stages of engagement, such as the submission of Letters of Intent (LOIs), Requests for Proposals (RFPs), or the exchange of preliminary quotes. Such engagements will be subject to separate, formal agreements.

4. User Accounts

Certain features or access to specific content on the Website may require user registration and the creation of an account. If you register for an account, you agree to:

• Provide accurate, current, and complete information during the registration process.

• Maintain the security of your password9 and identification.

• Promptly update your registration data to keep it accurate, current, and complete.

• Accept all risks of unauthorized access to your account information.

• You are solely responsible for all activities that occur under your account. Apogee West will not be liable for any loss or damage arising from your failure to comply with these obligations.

5. User-Submitted Content

The Website may permit the submission, posting, display, or transmission of content by users ("User Content"), including but not limited to project specifications, technical requirements, forum posts, comments, or other materials.

• Ownership: You retain ownership of any intellectual property rights that you hold in your User Content.

• License to Apogee West: By submitting User Content, you grant Apogee West a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish,10 translate, create derivative works from, distribute, perform, and display such User Content in connection with the Website and Apogee West’s business.

• Responsibility for User Content: You are solely responsible for your User Content and the consequences of submitting it. You represent and warrant that you own or have the11 necessary licenses, rights, consents, and permissions to publish User Content12 that you submit.

• Prohibited Content: You agree not to submit any User Content that is illegal, defamatory, obscene, infringing of intellectual property rights, invasive of privacy, or otherwise injurious to third parties or objectionable.13 Apogee West reserves the right to remove any User Content at its sole discretion.

6. Intellectual Property Rights

• Apogee West's IP: All content, features, and functionality on the Website (including but not limited to text, graphics, logos, images, software, and the14 design, selection, and arrangement thereof) are owned by Apogee West, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

• Limited License: These Terms permit you to use the Website for your personal, non-commercial use, or for legitimate business purposes in connection with exploring services offered by Apogee West. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as generally permitted by standard web Browse functionality.

• Trademarks: The Apogee West name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Apogee West or its affiliates or licensors. You must not use such marks without the prior written permission of Apogee West.

7. Prohibited Conduct

You agree not to use the Website in any manner that:

• Violates any applicable federal, state, local, or international law or regulation.15

• Infringes upon or violates our intellectual property rights or the intellectual property rights of others.16

• Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable.

• Transmits or procures the sending of any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

• Impersonates or attempts to impersonate Apogee West, an Apogee West employee, another user, or any other person or entity.

• Engages in any other conduct that restricts or inhibits anyone's use or enjoyment of17 the Website, or which, as determined by us, may harm Apogee West or users of the Website, or expose them to liability.

• Introduces viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempts to gain unauthorized access to, interfere with, damage, or disrupt any18 parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

8. Links to Third-Party Websites

The Website may contain links to third-party websites or resources. These links are provided for your convenience19 only. Apogee West has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9. Disclaimer of Warranties

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET20 OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF LOST DATA.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APOGEE WEST NOR ANY PERSON ASSOCIATED WITH APOGEE WEST MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.

10. Limitation of Liability

IN NO EVENT WILL APOGEE WEST, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless21 Apogee West, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these22 Terms, or your use of any information obtained from the Website.23

12. Termination

We may terminate or suspend your access to all or part of the Website immediately, without prior notice or liability, for any reason24 whatsoever, including without limitation if you breach these Terms. Upon termination, your right to25 use the Website will immediately cease.

13. Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto26 (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of [Insert State of Incorporation, e.g., the State of Delaware] without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out27 of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the28 [Insert State of Incorporation] located in [Insert County/City, e.g., New Castle County], although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction29 over you by such courts and to venue in such courts.

14. Dispute Resolution (Optional - Consider Arbitration)

At Apogee West's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity,30 non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying [Insert State of Incorporation] law.

15. Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

16. Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Apogee West regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

17.31 Contact Information

To ask questions or comment about these Terms, please contact us by navigating to the "Contact" section of the site and filling out the form.

​