Terms Of Use

AGREEMENT BETWEEN USER AND ENERGY EDUCATION, INC.

The Energy Education Web site is comprised of various Web pages operated by Energy Education, Inc. (“Energy Education”).

The Energy Education Web site is offered to you conditioned on your acceptance of the terms, conditions, and notices contained herein ( collectively “Terms of Use”). Your actual use of the Energy Education Web site constitutes your agreement to such Terms of Use.

MODIFICATION OF THESE TERMS OF USE

Energy Education reserves the right to change the terms, conditions, and notices under which the Energy Education Web site is offered.

LINKS TO THIRD PARTY SITES

The Energy Education Web site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Energy Education and Energy Education is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Energy Education is not responsible for webcasting or any other form of transmission received from any Linked Site. Energy Education is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or sponsorship by Energy Education of the site or any association or affiliation with its operators. If you decide to access Linked Sites, you do so at your own risk.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Energy Education Web site, you warrant to Energy Education that you will not use the Energy Education Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Energy Education Web site in any manner which could damage, disable, overburden, or impair the Energy Education Web site or interfere with any other party's use and enjoyment of the Energy Education Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Energy Education Web site.

USE OF COMMUNICATION SERVICES

The Energy Education Web site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, harmful, threatening, abusive, harassing, tortious, vulgar, libelous, or unlawful topic, name, material or information.

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

• Programs that may damage or are designed to interrupt, destroy or limit the operation or functionality of another's computer software, hardware, network or telecommunications equipment.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

• Conduct or forward surveys, contests, pyramid schemes or chain letters.

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

• Violate any applicable laws or regulations.

• Violate any applicable provisions of these Terms of Use

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.

Energy Education has no obligation to monitor the Communication Services. However, at all times, Energy Education reserves the right, but shall have no obligation to pre-screen, flag, filter, modify, refuse or review materials posted to a Communication Service and to remove any materials in its sole discretion. Energy Education reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Energy Education reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Energy Education's sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. Energy Education does not control or endorse the content, messages or information found in any Communication Service and, therefore, Energy Education specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Energy Education spokespersons, and their views do not necessarily reflect those of Energy Education.

Materials uploaded to a Communication Service 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.

MATERIALS PROVIDED TO ENERGY EDUCATION OR POSTED AT ANY ENERGY EDUCATION WEB SITE

By submitting, posting or displaying content you give Energy Education a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, use, and distribute any content which you submit, post or display on or through the Energy Education Web site.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ENERGY EDUCATION WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENERGY EDUCATION AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ENERGY EDUCATION WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ENERGY EDUCATION WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ENERGY EDUCATION MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ENERGY EDUCATION WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS AVAILABLE” AND "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENERGY EDUCATION HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENERGY EDUCATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, GOODWILL OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Energy Education WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Energy Education WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Energy Education WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Energy Education WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Energy Education OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Energy Education WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Energy Education WEB SITE.


TERMINATION/ACCESS RESTRICTION

Energy Education reserves the right, in its sole discretion, to terminate your access to the Energy Education Web site and the related services or any portion thereof at any time, without notice. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

GENERAL

The Energy Education Web site is controlled by Energy Education from its offices within the State of Texas, United States of America. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A., without regard to conflicts of laws principles thereof and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas, Texas, U.S.A. in all disputes or other matters arising out of or relating to the use of the Energy Education Web site. Use of the Energy Education Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Energy Education as a result of this agreement or use of the Energy Education Web site. Energy Education's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Energy Education's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Energy Education Web site or information provided to or gathered by Energy Education with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Energy Education with respect to the Energy Education Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Energy Education with respect to the Energy Education Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT, TRADEMARKS AND TRADEMARK NOTICES:

All contents of the Energy Education Web site are: © 2007 Energy Education, Inc..

The logos, and other trademarks service marks, trade names and service names of Energy Education are owned or licensed by Energy Education. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of Energy Education. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by Energy Education.

Content copied, downloaded or printed from the Energy Education Web site must retain all the copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure written consent of Energy Education.

Any rights not expressly granted herein are reserved.

PASSWORDS

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access any part of the Energy Education Web site.

Accordingly, you agree that you will be solely responsible to Energy Education for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Energy Education immediately.


If you have a comment or question, or if you need to contact Energy Education for any other reason, please email to: websupport@energyed.com