TERMS OF USE
Energy Recommerce provides this
Web site (the “Site”) including all information,
documents, communications, files, text, graphics,
software, and products available through the
Site (collectively, the “Materials”) and all
services operated by Energy Recommerce and third parties
through the Site (collectively, the “Services”),
available for your information and use, subject
to the terms set forth below and any changes
to this page that Energy Recommerce may publish from time
to time (collectively, the “Terms of Use”).
By accessing or using this Site in any way,
including, without limitation, use of any of
the Services, downloading of any Materials, or
merely browsing the Site, you agree to and are
bound by the Terms of Use.
General Terms
- Information provided on the Site is provided
as is, with no warranty as to accuracy or content.
- Energy Recommerce does not adopt or endorse the views
of third party Web sites linked to, or from,
the Energy Recommerce Site.
- Energy Recommerce reserves the right to change, modify,
add, or remove any of the Terms of Use and
other guidelines or rules posted on the Site
from time to time at its sole discretion, and
will provide notice of material changes on
the home page of the Site. Your continued use
of the Site, or any Materials or Services accessible
through it, after such notice has been posted
constitutes your acceptance of the changes.
Your use of the Site will be subject to the
most current version of the Terms of Use, rules,
and guidelines posted on the Site at the time
of such use. You should periodically check
the "Terms of Use" link on the Site's
home page to view the then-current terms. If
you breach any of the Terms of Use, your authorization
to use this Site automatically terminates,
and any Materials downloaded or printed from
the Site in violation of the Terms of Use must
be immediately destroyed.
Intellectual Property; Limited License
to Users. The Materials and Services
on this Site, as well as their selection and
arrangement, are protected by copyright, trademark,
patent, and/or other intellectual property
laws, and any unauthorized use of the Materials
or Services at this Site may violate such laws
and the Terms of Use. Except as expressly provided
herein, Energy Recommerce and its suppliers do not grant
any express or implied rights to use the Materials
and Services. You agree not to copy, republish,
frame, download, transmit, modify, rent, lease,
loan, sell, assign, distribute, license, sublicense,
reverse engineer, or create derivative works
based on the Site, its Materials, or its Services
or their selection and arrangement, except
as expressly authorized herein. In addition,
you agree not to use any data mining, robots,
or similar data gathering and extraction methods
in connection with the Site.
Use of Software. The software
and accompanying documentation that is made available
to download from this Site is the copyrighted
and/or patented work of Energy Recommerce and/or its suppliers.
Use of the software is governed by the terms
of the license agreement that accompanies or
is included with such software. You will not
be able to download or install any software that
is accompanied by or includes a license agreement
unless you agree to the terms of such license
agreement. If you do not agree to such terms,
you will not be able to use the software. Absent
a license agreement that accompanies the software,
use of the software will be governed by the Terms
of Use. You agree that you will not decompile,
reverse engineer, or otherwise attempt to discover
the source code of the software available on
the Site.
Trademark Information. The trademarks, logos,
and service marks ("Marks") displayed on this Site are
the property of Energy Recommerce or other third parties. You are
not permitted to use the Marks without the prior written consent
of Energy Recommerce or such third party that may own the Marks.
Energy Recommerce and the Energy Recommerce logo are trademarks
of Energy Recommerce Inc. In addition, the names of all
Energy Recommerce products are licensed or registered trademarks
of Energy Recommerce Inc. © 2004 Energy Recommerce Inc.
All rights reserved.
International Users
This Site can be accessed from countries around the world and may
contain references to Energy Recommerce products, services, and
programs that are not available in your country. These references
do not imply that Energy Recommerce intends to announce such products,
services, or programs in your country.
The Site is controlled, operated, and administered
by Energy Recommerce from its offices within the United
States of America . Energy Recommerce makes no representation
that the Site, or the Services or Materials available
through it, are appropriate or available for
use at other locations outside the United States
, and access to the Site from territories where
the Site or any of its Services or Materials
are illegal is prohibited. If you access the
Site from a location outside the United States
, you are responsible for compliance with all
local laws. See the section on export control
laws, below, for further information.
Personal Information and Privacy
To learn about how Energy Recommerce protects your personal
information, such as your name and address,
refer to the Energy Recommerce Online
Privacy Policy . Except as set forth in
the Privacy Policy or in the Terms of Use,
your personal information will be deemed to
be confidential. Any non-personal information
or material sent to Energy Recommerce will generally
be deemed to NOT be confidential. You understand
and agree that we may disclose information
about you if we have a good faith belief that
we are required to do so by law or legal process,
to respond to claims, or to protect the rights,
property, or safety of Energy Recommerce or others, or
as stated in our Privacy Policy.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ENERGY
RECOMMERCE, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS,
WHETHER OR NOT ENERGY RECOMMERCE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF
OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE,
ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD
PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER
THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED
OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES,
OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE
DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO
FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS
AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY
TO YOU.
Export Control laws; Notice to U.S.
Government Users
The export and re-export of Energy Recommerce software
products are controlled by the United States
Export Administration Regulations, and such software
may not be exported or re-exported to Cuba, Iran,
Iraq, Libya, North Korea, Sudan, Syria, or any
country to which the United States embargoes
goods. In addition, Energy Recommerce software may not
be distributed to persons on the Table of Denial
Orders, the Entity List, or the List of Specially
Designated Nationals.
By downloading a Energy Recommerce information or software
you are certifying that you are not a national
of Cuba, Iran, Iraq, Libya, North Korea, Sudan,
Syria, or any country to which the United States
embargoes goods, and that you are not a person
on the Table of Denial Orders, the Entity List,
or the List of Specially Designated Nationals.
All Energy Recommerce products and publications are commercial
in nature. The software and documentation available
on this Site are "Commercial Items," as
that term is defined at 48 C.F.R. §2.101,
consisting of "Commercial Computer Software" and "Commercial
Computer Software Documentation," as such
terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202, as applicable. Consistent
with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1
through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software
Documentation are licensed to U.S. Government
end users (A) only as Commercial Items and (B)
with only those rights as are granted to all
other end users pursuant to the terms and conditions
herein.
Indemnity and Liability
You agree to indemnify and hold Energy Recommerce, and
its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees,
harmless from any claim or demand, including
reasonable attorneys' fees, made by any third
party due to or arising out of content you
submit, post to, or transmit through the Site
(including, without limitation, any computer
viruses), your use of the Site, your connection
to the Site, your violation of the Terms of
Use, or your violation of any rights of another
person or entity.
Governing Law and Jurisdiction
This Site is controlled by Energy Recommerce from its offices
within the state of California , United States
of America . By accessing this Site, you and
Energy Recommerce agree that all matters relating to
your access to, or use of, this Site shall
be governed by the statutes and laws of the
State of California , without regard to the
conflicts of laws principles thereof. You and
Energy Recommerce also agree and hereby submit to the
exclusive personal jurisdiction and venue of
the Superior Court of Santa Clara County and
the United States District Court for the Northern
District of California with respect to such
matters.
Third Party Software Downloads
Energy Recommerce makes no warranty of any kind, express
or implied, including without limitation any
warranty of merchantability or fitness for
a particular purpose for third party downloaded
information or software. Furthermore, Energy Recommerce
disclaims any liability for loss or damage
that may occur directly or indirectly from
the use of third party downloaded software.
You agree to accept the third party downloaded
software as is, and assume all risk and expense
resulting from use or possession. You also agree
to indemnify, defend, and hold harmless Energy Recommerce,
its officers, agents, and employees from and
against any and all claims, liability, loss,
damage, or expense, including reasonable attorney's
fees, arising from or by reason of your use or
possession of the third party downloaded software.
Discussion Areas
Energy Recommerce operates discussion areas in a good faith
attempt to foster open communication via the
Internet. Energy Recommerce requests that only messages
suitable to the subject matter of discussions
are posted, and such messages are respectful
of others. Energy Recommerce reserves the right to cancel
any message posted at any time.
The views expressed in discussion areas are
the thoughts and ideas of the posting author
only; Energy Recommerce does not necessarily support or
endorse any such views. Furthermore, Energy Recommerce
is not responsible for any loss or damage that
may occur directly or indirectly from the posting
of a message to the discussion area.
General
The Terms of Use and other rules, guidelines,
licenses, and disclaimers posted on the Site
constitute the entire agreement between Energy Recommerce
and you with respect to your use of the Site.
If for any reason a court of competent jurisdiction
finds any provision of the Terms of Use, or
portion thereof, to be unenforceable, that
provision shall be enforced to the maximum
extent permissible so as to effect the intent
of the parties as reflected by that provision,
and the remainder of the Terms of Use shall
continue in full force and effect. Any failure
by Energy Recommerce to enforce or exercise any provision
of the Terms of Use or related right shall
not constitute a waiver of that right or provision.
The section titles used in the Terms of Use
are purely for convenience and carry with them
no legal or contractual effect.
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