Welcome to Bidwell Energy ("Website," "we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of our Website and its content and features. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

1. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use this Website. By using the Website, you represent that you meet these requirements. By using the Website, you agree that we may send you essential operational communications relating to your account, bids, auctions, awards, platform activity, or security (including via SMS text messages and email) as a condition of your use of the Website. Such notifications are required for the proper functioning and security of the platform and cannot be opted out of except by terminating your account.

2. Consent to Communications

• (a) Operational Communications: By registering with and using the Website, you consent to receive operational and transactional messages, including but not limited to notifications about auctions, bids, account activity, and platform changes, via email and/or SMS. These communications are essential to the operation of the platform.
• (b) Marketing Communications: With your express consent, we may also send you promotional or marketing messages via email or SMS. You may withdraw your consent to receive marketing communications at any time by following the unsubscribe instructions in those messages or by contacting us (see Contact Information below). Withdrawal of consent does not affect your receipt of essential operational communications.
• (c) Opt-Out/Unsubscribe Process: For marketing communications, you may opt out at any time as described above, and we will honor your request promptly as required by applicable law. For operational communications, opting out requires closing your account, as these communications are necessary for your use of the platform.

3. Use of the Website

You agree to use the Website only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable law or regulation
• Attempt to gain unauthorized access to the Website or its systems
• Interfere with the operation or security of the Website
• Upload or distribute malicious software or harmful code
• Use the Website in a manner that infringes upon the rights of others

We reserve the right to suspend or terminate access to users who violate these Terms.

4. Intellectual Property

All content on the Website, including text, graphics, logos, images, software, designs, and other materials, is owned by or licensed to us and is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use our content without our prior written permission, except as permitted by applicable law.

5. Privacy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. We collect information relating to your participation in auctions, bids placed, bid amounts, auction results and awards, user activity, and your contact information. This information is used to operate and administer the Website, provide services, and as otherwise described in our Privacy Policy. By using the Website, you authorize us to use this information for these purposes, subject to applicable law.

6. Third-Party Links

The Website may contain links to third-party websites or services. We are not responsible for the content, policies, or practices of any third-party websites and encourage you to review their terms and privacy policies.

7. Disclaimer of Warranties

The Website and all content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and availability. We do not guarantee that the Website will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

8. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any damages of any kind whatsoever whether direct, indirect, incidental, consequential, special, exemplary, or punitive arising out of or relating to your use of the Website.

9. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising out of your use of the Website or your violation of these Terms.

10. Termination

We may suspend or terminate your access to the Website at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful to us or other users.

11. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted on this page with a revised "Last Updated" date. Your continued use of the Website after changes become effective constitutes your acceptance of the revised Terms.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Hartford County, Connecticut, unless otherwise required by applicable law.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. Confidentiality

You agree not to disclose, transmit, or otherwise make available any non-public information or data relating to other users, auctions, bids, or proprietary aspects of the Website except as expressly authorized by us or required by law.

15. Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Website, except that any separate written customer, supplier, bidder, or other agreement between you and Bidwell Energy remains in full force and effect. In the event of a conflict between these Terms and any such separate written agreement, the separate written agreement will control with respect to the subject matter of that agreement.

16. Contact Information

Bidwell Energy Email: hello@bidwellenergy.com
Mailing Address:
1699 King Street, Suite 105
Enfield, CT 06082
Phone: 860-370-5420