FEWA Terms of Use

Last Updated: April 27, 2025

Florida Energy Water & Air, Inc. (“FEWA,” “Company,” “we,” “our,”, or “us”) is pleased to have you visit our web site, https://www.myfewa.com/ (“Site”) and offer you our services (“Services”). Please understand, however, that the content on the Site is informational in nature only. By accessing and using the Site and Services, you accept and agree to be bound by the terms and provision of this Terms of Use Agreement (“Terms”). These Terms govern your use of the Site, Services, and any information and content, available or enabled via the Site or Services. In addition to the Terms, when using the Site or Services, you shall be subject to and abide by any posted guidelines, rules, and policies including our Privacy Policy, found at FEWA Privacy Policy, which are hereby incorporated into these Terms and may be modified from time to time.

WE RESERVE THE RIGHT TO UPDATE AND MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. ANY MODIFICATIONS TO THESE TERMS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE UPDATED TERMS ON THE SITE. YOUR CONTINUED USE OF THIS SITE AND OUR SERVICES FOLLOWING A NOTICE OF UPDATED TERMS CONSTITUTES YOUR ACCEPTANCE TO BE BOUND BY ANY CHANGES.

PLEASE READ THESE TERMS CAREFULLY. BY USING OR ACCESSING THE SITE OR SERVICES, POSTING OR DOWNLOADING CONTENT (AS DEFINED BELOW) OR ANY OTHER INFORMATION TO OR FROM THE SITE OR SERVICES, OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER OR OTHERWISE PARTICIPATING IN THE SITE OR SERVICES, YOU HEREBY EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO THESE TERMS.

IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, PLEASE DO NOT USE OR OTHERWISE ACCESS THE SITE OR SERVICES TO POST OR DOWNLOAD ANY CONTENT (AS DEFINED BELOW) OR OTHER INFORMATION TO OR FROM THE SITE OR SERVICES. IMPORTANT NOTICE: YOUR USE OF THE SITE AND SERVICES ARE SUBJECT TO AN ARBITRATION PROVISION IN SECTION 18 OF THESE TERMS, REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION. PLEASE REVIEW SECTION 18 OF THESE TERMS CAREFULLY FOR MORE INFORMATION.

1. Eligibility to use the Site and Services. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE OUR SITE AND SERVICES. BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR SITE AND SERVICES, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN 18. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD’S ACCESS TO AND USE OF OUR SITE AND SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT ON BEHALF OF YOURSELF AND YOUR MINOR CHILD.
2. The Site and Services, including its text, audio, video, graphics, charts, photographs, interfaces, icons, chatbots, software, computer code, data, trademarks, logos, slogans, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, the “Content”) are exclusively the property FEWA, or as applicable its affiliates, vendors, or licensors. Except for the rights expressly granted to you in the next Section, FEWA reserves all other rights in and to the Site, Services, and Content, including all intellectual property rights. FEWA owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by FEWA. In addition, the Site and Services may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.
3. Use Rights. You may only use the Site, Services, and Content for your personal, non-exclusive use in the United States, so long as you comply with these Terms and all other terms posted throughout the Site as applicable to you (if any), and all applicable laws. You may only use the Site, Services, and the Content for their intended purposes for which they are made available to you by FEWA.
4. Intellectual Property Rights. The Site, Services, and Content are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to FEWA or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
5. Compliance with Laws. In connection with your access to and use of the Site and Services, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
6. Restrictions on Your Use.
   
   6.1 You will not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site, Services, or Content without FEWA’s prior written consent.

6.2 You will not use the Site or Services for unlawful purposes.

6.3 You will not submit inaccurate, incomplete, or out-of-date information via the Site or Services, commit fraud or falsify information in connection with your use of the Site or Services.

6.4 You will not engage in data mining or similar data gathering or extraction activities from the Site or Services. You will not use the Site or Services to harvest email addresses, names, or other information of the users of the Site or Services or to spam other users of the Site or Services.

6.5 You will not access, use, or copy any portion of the Site, Services, or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

6.6 You will not use the Site or Services to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, malware, ransomware, adware, or other harmful computer code that may disable, damage, impair, or otherwise interfere with the Site or Services, servers, or any other network, computers, hardware, software or systems.

6.7 You will not engage in activities that aim to render the Site or Services inoperable or to make their use more difficult.

6.8 You may not frame, mirror, or circumvent the navigational structure of any part of the Site or Services.

6.9 You may not upload, distribute, transmit, or post anything to or through the Site or Services that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another; or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.

6.10 You may not engage in any conduct while using the Site or Services that FEWA considers inappropriate, unauthorized, or contrary to the intended purpose of the Site or Services.

7. Feedback and Other Content Submitted by You. If you submit comments or feedback to us regarding the Site, Services, or its Content, or any other comments, questions, requests, content or information that is not personal information (“Feedback”), we may use any Feedback that you send us in our discretion and without attribution or compensation to you.
8. NO WARRANTY. THE SITE, SERVICES AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FEWA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, SERVICES, AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
   
   FEWA MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL CONTENT ON THE SITE OR SERVICES IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. FEWA DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, SERVICES, OR CONTENT. FEWA DOES NOT WARRANT OR GUARANTEE THAT THE SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE, SERVICES, OR CONTENT WILL BE CORRECTED, OR THAT THE SITE, SERVERS THAT MAKE THE SITE AVAILABLE, OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.
   
   WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT OR ENDORSE ANY THIRD-PARTY CONTENT.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FEWA OR ITS DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, VOLUNTEERS, AGENTS, SUPPLIERS, ATTORNEYS OR LICENSORS (TOGETHER, “FEWA PARTY(IES)”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES, OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SERVICES, OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A FEWA PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE, SERVICES, OR CONTENT.
   
   WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE FEWA PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES, OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SERVICES, OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
10. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE FEWA PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE, SERVICES, OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
11. Third-Party Websites and Content. The Site may link to, or be linked to, websites not maintained or controlled by FEWA. Any links contained on the Site are for the use and enjoyment of our visitors. Those links are provided as a convenience to the visitors of our Site. FEWA is not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site. We do not intend such links to be referrals or endorsements of the linked entities, nor do we warrant, endorse, or approve any linked information, including any third-party website or products or services made available through those websites or any entity; and the existence of any particular link is simply intended to imply potential interest to the reader. When leaving the Site, it is the terms and privacy notice of that third party that govern your use of the third-party site (and such third-party’s use of your personal information), not these Terms. The Site may also contain certain third-party Content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party Content does not mean that FEWA has reviewed the third-party Content or that there is any association between FEWA and any third party. You access third-party Content at your sole risk. FEWA has no responsibility for any third-party Content. Nothing in these Terms grants you any rights to any third-party Content.
12. Linking to the Site. You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of FEWA. If FEWA grants you a right to link to the Site, certain terms may apply, and FEWA reserves the right to revoke such consent at any time. You are responsible for any costs incurred by FEWA in enforcing its rights under this Section.
13. Opt-out policy. If, at any time after registering for information, you change your mind about receiving information from us, you have the ability to opt out of being contacted via email, telephone solicitations, and Short Message Service (“SMS”) text messages, by the FEWA at any time.
    
    To opt out of receiving emails, telephone solicitations or other forms of contact from FEWA, send an email to unsubscribe@myfewa.com with “Opt-Out” in the subject line, or a letter by postal mail to: 500 Winderley Pl, Maitland, FL 32751. Please specify which particular type of contact you are choosing to opt out from (i.e. only solicitations, only emails, only information regarding specific events, only postal mail, only third-party emails, etc.). Be sure to include your full name, any mailing addresses, and email addresses. If we are able to locate your contact information based on the information you provide us, it will be removed from the areas you referenced in our databases and mailings lists.
    
    To opt out of receiving SMS text messages at any time. Just reply “STOP” to the SMS text message that you no longer want to receive. After you reply STOP to the SMS text message, we will send you a follow-up SMS text message to confirm that you have been unsubscribed from receiving that type of message. After this, you will no longer receive that type of SMS text message from us, though you may still receive other types of SMS text messages from us if you opted into receiving additional types of messages from FEWA or third parties communicating on our behalf. If you want to receive an SMS text message that you previously opted out of, just sign up as you did the first time, and we will start sending those types of SMS text messages to you again. Carriers are not liable for delayed or undelivered SMS text messages. Message and data rates may apply for any messages sent to you from us and to us from you. Any costs incurred as a result of this messaging are your responsibility. Message frequency varies, but, generally, you will receive fewer than five text messages per week from FEWA. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
14. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site, Services, or Content, and we may restrict your access to the Site, Services, or Content. FEWA may suspend or terminate, the Site, Services, or any Content, in whole or in part, at any time in its sole discretion for any reason. FEWA shall not be liable to you or anyone else for any damages arising from or related to FEWA’s suspension or termination of your access to the Site, Services, or the Content, or in the event FEWA modifies, discontinues or restricts the availability of the Site, Services, or the Content (in whole or in part).
15. Site Unavailability. Without limiting the generality of the previous Section, the Site, Services, or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
16. Cooperation with Law Enforcement. FEWA will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD FEWA AND THE FEWA PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
17. Governing Law. This Site (excluding linked sites) is controlled by the FEWA, which is headquartered in the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Site both you and the FEWA agree that the statutes and laws of the State of Florida, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Site. You and the FEWA also agree and hereby submit to the exclusive personal jurisdiction and venue of Orange County, Florida and the United States District Court with respect to such matters. The FEWA makes no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
    
    You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the Site or Services will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Missouri law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, the FEWA retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the FEWA retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
18. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of FEWA’s successors and assigns.
19. Entire Agreement. These Terms and any terms posted throughout the Site (if any) are the entire agreement between you and FEWA with respect to your access to and use of the Site and Services.
20. FEWA’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by FEWA.
21. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
22. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and FEWA may be provided to you electronically to the extent permissible by law.
23. Contact Us. Please direct any questions and concerns regarding these Terms to us at info@myfewa.com.