1. DESCRIPTION OF SERVICES.
2. ACCEPTANCE OF TERMS.
You agree that your use of the Site and the Services as a (“TOU”) User (when you have registered as a User on the Site) is subject to the TOU in this Agreement. The term “User” refers to anyone accessing the Site. You are only authorized to use the Site and the Services if you agree to abide by all applicable laws and to the TOU in this Agreement. Please read this Agreement carefully. If you do not agree with the TOU, you should leave the Site and discontinue use of the Services.
EAN may modify the TOU in this Agreement from time to time, with or without notice to you, and such modifications shall be effective upon posting by EAN on the Site. You agree to be bound by any changes to the TOU when you use the Site or the Services after any such modification is posted. It is therefore important that you review the TOU in this Agreement regularly to ensure that you are updated as to any changes.
This Agreement, and any posted revisions to the TOU in this Agreement, shall remain in full force and effect while you use the Site and the Services. You may terminate your Registration at any time, for any reason. After your Registration terminates, either by you or by EAN, this Agreement will terminate, provided, however, terms which by their nature continue shall survive termination and continue until fulfilled.
PRIVACY AND PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION.
2. NOTICE SPECIFIC TO INFORMATION AVAILABLE ON THIS SITE.
2.1. Content on the Site. By posting, publishing, uploading or displaying content, information, web links, comments, images, text, files, photographs, videos, works of authorship, messages, communications or any other materials (collectively, “Content”) of any kind on the Site, you grant EAN, its affiliates, and agents an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, edit, move, distribute, transmit, display, perform, adapt, and publish any such Content for any purpose on or through the Site via any media channels now known or later developed, without notice. You represent and warrant that you own the Content posted by you on the Site or otherwise have the proper authorization to grant this license. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on the Site or using the Services. You are not permitted to take another User’s Content and reproduce it in any manner without the prior written consent of EAN.
2.2. EAN Provided Content.
2.2.1. Data Collection. EAN collects and provides energy, residential, business, and entity related data collected through various sources, including, but not limited to, LINK TO DATA DOCUMENT ON CED (“Data”).
2.2.2. Data Limitations. Data is not available for all entities that would qualify for inclusion on the Site and EAN makes no representation that all possible entities, business, or persons that could be included on the Site are included. EAN makes no representations or warranties as to the accuracy of the Data. Any use of the Site, including any reliance upon any of the Data included with or accessible through the Site, shall be at your sole risk. EAN disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the Data accessible via the Site.
2.3. Monitoring of Content. EAN and its agents and designees reserve the right to monitor, restrict access to, edit, modify or remove any Content on the Site. EAN reserves the right at all times to disclose any information EAN deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, modify, refuse to post or to remove any information or materials, in whole or in part, in EAN’s sole discretion. THESE RIGHTS WILL NOT BE CONSTRUED TO CREATE ANY LIABILITY TO EAN IN CONNECTION WITH ANY CONTENT. Materials uploaded to the Site may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
2.3. DISCLAIMERS AND LIMITATIONS ON LIABILITY. The Site contains Content published and posted by Users and/or Site administrators and links to third party websites. Third party Content does not necessarily reflect the opinions or policies of EAN. When you access third party websites, you do so at your own risk. Third party links published or posted by Users or Site administrators do not constitute or imply an approval or endorsement by EAN of any information, materials, documents, services or products available on third party websites. EAN makes no representations about the suitability or accuracy of information, documents, materials, services or products published, posted or made available as part of the content, services or products offered by Users or Sponsors for any purpose. ALL SUCH INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND BY EAN. EAN DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY. IN NO EVENT SHALL EAN BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER BASED IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON THE SITE OR BY THIRD PARTIES, OR FAILURE TO PROVIDE PRODUCTS OR SERVICES BY EAN OR THIRD PARTIES, WHETHER OR NOT EAN KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.
EAN DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE FUNCTIONING WILL BE UNINTERRUPTED OR FREE OF ERRORS. EAN ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER’S CONTENT OR ELECTRONIC DEVICE. EAN IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS ON THE INTERNET OR ON THE SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY USER’S ELECTRONIC DEVICE RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH USING THE SITE OR THE SERVICES. UNDER NO CIRCUMSTANCES SHALL EAN BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE SITE, OR FROM THE CONDUCT OF ANY USERS OF THE SITE OR THE SERVICES, WHETHER ONLINE OR OFFLINE.
EAN IS NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY, WITH RESPECT TO ANY CONTENT POSTED BY ANY USERS ON THE SITE, EXCEPT FOR MATERIAL POSTED OR PUBLISHED BY A REPRESENTATIVE OF EAN, EVEN IF THAT MATERIAL VIOLATES THIS AGREEMENT.
IN ANY CASE, EAN’S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF $500 AND ANY FEES/ PAYMENTS RECEIVED BY EAN FROM YOU FOR USING THE SITE OR THE SERVICES. THIS LIMITATION WILL APPLY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER A CLAIM OR ACTION SOUNDS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR ANY OTHER LEGAL THEORY.
PLEASE NOTE THAT SOME OF THESE LIMITATIONS ON LIABILITY MAY NOT BE ENFORCEABLE IN SOME STATES, AND IF SO, THEY ARE NOT APPLICABLE TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE EAN, ITS AFFILIATES AND AGENTS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU ACKNOWLEDGE AND AGREE THAT EAN WOULD NOT HAVE POSTED THIS SITE BUT FOR THESE DISCLAIMERS OF LIABILITY, AND AGREE THAT THE TERMS ARE REASONABLE.
3. USER ACCOUNT, PASSWORD, AND SECURITY.
To become a User of the Site, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a User name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur on your account. You agree to notify EAN immediately of any unauthorized use of your account or any other breach of security. EAN will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by EAN or another party due to someone else using your account or password. You may not use any other User’s account or password at any time without the permission of that User.
If you create an action or content for publication in the Energy Atlas or any other content on the Site, you are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the listing. You must not describe or assign keywords to your action or content or other content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and EAN may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause EAN liability. You must immediately notify EAN of any unauthorized uses of your action or other content, your account or any other breaches of security. EAN will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
4. RESPONSIBILITY OF USER
4.1. If you create an action or comment about or post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) Content available by means of the Site, you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
4.1.1. The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
4.1.2. If your employer has rights to intellectual property you create, you have either received permission from your employer to post or make available the Content, including but not limited to any software, or secured from your employer a waiver as to all rights in or to the Content;
4.1.3. You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
4.1.4. The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
4.1.5. The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
4.1.6. The Content is not libelous or defamatory does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
4.1.7. Your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
4.1.8. Your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your URL or name is not the name of a person other than yourself or company other than your own; and
4.1.9. You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by EAN or otherwise.
4.2. By submitting Content to EAN for inclusion with your actions, stories or sites, you grant EAN a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, EAN will use reasonable efforts to remove it from the live version of the Site, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Likewise, EAN will make no attempt to update archived materials on the Site in any fashion, and is not liable for differences between archived Content and Content on the Site.
4.3. Without limiting any of those representations or warranties, EAN has the right (though not the obligation) to, in EAN’s sole discretion (i) refuse or remove any content that, in EAN’s reasonable opinion, violates any EAN policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Site to any individual or entity for any reason, in EAN’s sole discretion. EAN will have no obligation to provide a refund of any amounts previously paid.
5. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Site and the Services, you will not use the Site or the Services for any purpose that is unlawful or prohibited by the TOU in this Agreement. EAN reserves the right to investigate and take appropriate legal action against any Users who, in EAN’s sole discretion, violate this provision, including, without limitation, refusing to post, removing, editing or modifying any offending Content, or denying, restricting, suspending or terminating your access to all or any part of the Site or the Services, or suspending or terminating your registration on the Site, with or without prior notice or explanation, and without liability to EAN. EAN has no obligation to take any of the above-referenced actions, and is not responsible for the conduct of any Users who violate this provision. The following prohibitions apply to all of the Services on the Site. You will not:
5.1. Use the Services in any manner that could damage, disable, overburden, or impair any of the Site’s servers or the network(s) connected to any of the Site’s servers, or interfere with any other party’s use and enjoyment of the Services.
5.2. Attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to any Site server or to any of the Services, through hacking, password mining or any other means.
5.3. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
5.4. Use the Services, or contact Users or Sponsors in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative, exploitive or unsolicited messages (commercial or otherwise).
5.5. Advertise products of any kind that you or someone else manufacturers, supplies, distributes or sells unless you are a Sponsor of the Site. This includes not publishing, posting, uploading, discussing, mentioning or action or contentthe telephone numbers, addresses, faEANmile numbers, e-mail addresses, domain names or Web links of your manufacturing, supply, retail, or wholesale business or any other business of this type.
5.6. Publish, post, upload, link to, discuss, disseminate, mention, or list your own personal contact information if it is for the purpose of advertising, distributing or selling products or services that you or someone else manufactures, supplies, distributes or sells.
5.7. Publish, post, upload, link to, discuss, disseminate, mention or list your or anyone else’s age or e-mail address anywhere on the Site.
5.8. Publish, post, upload, link to, discuss, disseminate, mention or list names, telephone numbers, addresses, e-mail addresses, faEANmile numbers, domain names or websites of any other Users.
5.9. Defame, abuse, harass, stalk, threaten, offend, provoke, name call, or otherwise violate the legal rights (including the rights of privacy and publicity) of others.
5.10. Publish, post, upload, disseminate, use or make comments which are of an abusive, violent, inappropriate, vulgar, profane, defamatory, obscene, indecent, sexually explicit, pornographic, or otherwise objectionable or unlawful nature.
5.11. Publish, post, discuss, upload, disseminate or mention information that contains content intended to victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, race, ethnicity, age, disability, or sexual orientation. Hate speech of any kind is not permitted on the Site.
5.12. Publish, post, discuss, upload, disseminate or mention illegal activities of any kind, including, without limitation, references to illegal drug use, terrorist activities, making or buying illegal weapons, violating someone else’s privacy or child pornography.
5.13. Publish, post, upload, disseminate, post Web links to or otherwise make available any content, which is obscene, lewd, violent, sexually explicit, pornographic or otherwise objectionable or illegal.
5.14. Publish, post, upload, use or otherwise make available, pass off as your own, or solicit for exchange, sale or purchase, any content protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
5.15. Post, upload, disseminate, link to, use, modify, copy, reproduce, republish, transmit or otherwise make available any content, which is made available through the Site and the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other personal or proprietary right of any party.
5.16. Publish, post, upload, disseminate, use, link to or otherwise make available any image, photograph or picture of any other person or User without that person’s or User’s consent.
5.17. Solicit information of any kind from or exploit in any way Users who are under the age of 18.
5.18. Upload files to the Site that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
5.19. Harvest, solicit or otherwise collect personal information from or about other Users for any purpose.
5.20. Use the Site or the Services in any manner which is inconsistent with or violates any applicable laws or regulations.
5.21. Create a false identity on the Site for the purpose of misleading others.
5.22. Publish, post, disseminate, link to, upload, use, copy or otherwise make available (whether or not for a fee) any directory of Users of the Services.
5.23. Register on the Site under a new User registration if EAN has restricted, suspended or terminated your use or Registration on the Site.
5.24. Register on the Site if you are under the age of 14.
5.25. Register on the Site with a non-working or inactive e-mail address, or someone else’s e-mail address other than your own.
5.26. Publish, post, upload, disseminate, discuss, mention or insinuate false information about other Users or EAN.
5.27. Publish, post, upload, disseminate, discuss or mention the value, validity or effectiveness of products or services if you have never owned or used such product or services.
6. UNSOLICITED IDEA SUBMISSION POLICY.
We welcome your comments and feedback about the Site and the Services. However, EAN does not accept or consider unsolicited submissions concerning its business or operations, including, but not limited to, original ideas for new advertising campaigns, promotions, products, services, technologies, processes, materials, marketing plans or new product/service names. Please do not send EAN such submissions. The purpose of this policy is to avoid potential misunderstandings or disputes when EAN’s services, products or marketing strategies appear similar to ideas submitted to EAN. All such submissions to EAN are considered the property of EAN. EAN does not have an obligation to protect the confidentiality of any such submission. EAN will exclusively own all known or later-existing rights to such submission worldwide, and will be entitled to the unrestricted use of any such submission for any purpose, without compensation to you or any third party provider of such submission.
7. COPYRIGHT COMPLAINTS.
Materials may be made available on the Site by third parties not within our control. EAN respects the intellectual property rights of others, and we ask the Users of the Site and the Services to do the same. It is our policy not to permit materials known by EAN to infringe another party’s copyright to remain on the Site. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify EAN by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512).
7.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
7.2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
7.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit EAN or its acting agent to locate the material;
7.4. Information reasonably sufficient to permit EAN or its acting agent to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
7.5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; an
7.6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
8. INTELLECTUAL PROPERTY OF EAN. The Site and the Services contain content protected by copyright, trademark, and other law, and EAN owns and retains all rights in this content.
10. JURISDICTION AND DISPUTES.
This Agreement is governed by the laws of the State of Vermont, USA, without regard to its conflicts of law provisions, the state and federal courts of which have sole and exclusive jurisdiction to resolve any actions or claims arising out of or in connection with your use of the Site and/or the Services, your breach of this Agreement and/or arising from any breach of your representations and warranties set forth in this Agreement. You submit to the jurisdiction of such courts for such purpose, and agree not to contest venue as appropriate in Vermont. The parties waive the right to trial by jury.
You agree to indemnify and hold EAN, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services and/or the Site in violation of this Agreement and/or from any breach of this Agreement.