Welcome to the GreenQuest™ Energy Awareness Website (Site). Your use of the software, services, and website is subject to the terms and conditions of a legal agreement between you and EnergyCAP, Inc. (ECI). This document sets forth the terms and conditions of that agreement. By using our site, you are agreeing to comply with and be bound by all of the conditions and terms of use (Terms). Please review the following terms and conditions carefully. If you do not agree to these terms, you should not use this site. The terms "us", "we", and "our" refer to ECI, the legal owner of GreenQuest™ Energy Awareness (GQEA). The term "you" refers to the user or viewer.
In order to use the Site, you must agree to the Terms. You may not use the Site unless you agree to the Terms. You may not use the Site and may not accept the Terms if you are not of legal age to form a binding contract with ECI. You agree to the terms and conditions outlined in this Terms of Use Agreement (Agreement) with respect to use of our Site by either clicking to accept or agree to the Terms when first registering on the Site or by actually using the Site. In this case, ECI will treat your use of the Site as acceptance of the Terms as of your first use of the Site. This Agreement and our Privacy Policy constitute the entire and only agreements between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
You acknowledge and agree that ECI owns all legal right, title, and interest to the Site, including, the content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and that they are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
You understand and agree that "GreenQuest™" is our trademark. Other product and company names mentioned on the Site may be trademarks of their respective owners.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes, and you agree that you shall not remove, obscure, or alter any proprietary rights notices or other policies which may be affix to or contained within the Site. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
You acknowledge and agree that your limited license for access and use of the Site and any information, materials or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 3 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved from it; (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed) that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
You understand that all information that you may have access to as part of or through your use of the Site are the sole responsibility of the person or entity from which the content originated. The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials. You understand that by using the Site you may be exposed to content that you find offensive or objectionable and that your use of the Site is at your own risk.
Certain sections of, or offerings from, the Site require you to register. If registration is requested, you agree to provide us with accurate and complete registration information. Each registration is for your personal use only. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network and you agree to be responsible for and shall prevent such unauthorized use.
You understand, acknowledge, and agree that we do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
Third party content may appear on the Site or may be accessible via links from the Site. ECI may have no control over any websites or resources that are provided by persons or entities other than ECI. You acknowledge and agree that ECI is not responsible for and assumes no liability for any loss or damages which may be incurred as a result of any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and ECI does not endorse any third party content, including advertising, products, or other materials, nor does it reflect ECIÕ belief.
You acknowledge and agree that certain of the content on this site is copyrighted by third parties. THIS CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Neither we, nor any data suppliers make any warranty whatsoever as to the accuracy or completeness of the content or the results to be obtained from using the information contained therein and neither we nor any data suppliers will be responsible for any claims attributable to errors, omissions, or other inaccuracies in the information contained in the content. The entire risk for the results and performance of the content is assumed by you. Further, neither we nor any of our data suppliers make any representations or warranties, either express or implied, with respect to the content, including, but not limited to, the quality, performance, merchantability or fitness for a particular purpose of the content or any information contained therein. In no event will we or any data suppliers be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the content or for any loss or damage of any nature caused to any person as a result of that use.
You further acknowledge and agree that material contained in the content may not be duplicated or redistributed without the prior written consent of us and the copyright holder, except that one print copy of search output is permitted for use by you and that search output may be stored temporarily in electronic media for editing or reformatting and subsequent printing of one print copy of search output for internal use only.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense related to your violation of this Agreement or your use of the Site.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information is not transferable or assignable.
(a). NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT ECIÕ WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. (b). YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE INFORMATION AND CONTENT OBTAINED FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 14(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS INTERUPTION, LOSS OF DATA, LOSS OF PROCURING SUBSTITUTE GOODS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS HEREBY SPECIFICALLY DISCLAIMED.
(a) WE AND ANY AFFILIATED PARTY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (1) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, (2) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (3) YOUR USE OF THE SITE, (4) THE CONTENT CONTAINED ON THE SITE, OR (5) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF A COVERED PARTY.
(b) SUBJECT TO THE PROVISIONS OF SECTION 13(a), THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
You retain copyright and any other rights you already hold in information that you submit, post or display on or through the Site. By submitting, posting or displaying the information, you give us a perpetual, irrevocable, worldwide, royal-free, and non-exclusive right and license to use, reproduce, adapt, modify, translate, publish, publicly display and distribute any and all information that you submit, post or display on or through the Site in which you already hold copyright. You confirm and warrant to us that you have all the rights, power, and authority necessary to grant said license.
We reserve the right, and you expressly assign to us all property rights in and to all information regarding Site uses by you and all remarks, suggestions, ideas, graphics, or other information other than energy usage data communicated by you to us in which you did not previously hold copyright (collectively, a "Submission"). Subject to our Privacy Policy, we will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
In compliance with the Children's Online Privacy Protection Act of 1998, ECI does not accept registration from those under 13 years of age without written parental approval. By registering you represent that you are at least 13 years of age.
We may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You acknowledge and agree that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. Your use of services or products of Merchants may be subject to separate terms and conditions between you and the Merchant concerned. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. You acknowledge and agree that this Agreement does not affect your legal relationship with Merchants.
Our Privacy Policy, as it may change from time to time, is a part of this Agreement.
You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes
The Site contains links to other Web sites. You acknowledge and agree that we are not responsible for the content, accuracy or opinions express in such Web sites or their availability, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Further, you agree that inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, provide in writing to us the following information:
(a.) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b.) A description of the copyrighted work that you claim has been infringed;
(c.) A description of where the material that you claim is infringing is located on the Site;
(d.) Your address, telephone number, and email address;
(e.) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f.) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For notice of claims of copyright infringement on the Site we can be reached by mail: GreenQuest™ Energy Awareness Copyright EnergyCAP, Inc. 110 Radnor Road, Ste. 101 State College, PA 16801 By fax: (719) 623-0577
The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and its Content and Materials provided therein.
You acknowledge and agree that this Agreement shall be treated as though it were executed and performed in State College, Pennsylvania, and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to rules of strict interpretation of either party irrespective of the identity of the party who prepared or may have directed the preparation hereof. Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the alleged cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 13 and Section 14. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. If any provision of this agreement is held illegal, invalid or unenforceable for any reason, that provision shall be enforced to the maximum extent permissible, and the other provisions of this Agreement shall remain in full force and effect. If any provision of this Agreement is held illegal, invalid or unenforceable, it shall be replaced, to the extent possible, with a legal, valid, and unenforceable provision that is similar in tenor to the illegal, invalid, or unenforceable provision as is legally possible. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. The title, headings and captions of this Agreement are provided for convenience only and shall have no effect on the construction of the terms of this agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us relating to Site operations and/or intellectual property, shall be decided solely by confidential binding arbitration. The arbitration shall be conducted in State College, Pennsylvania. Each party shall bear its own attorneys' fees and other fees and costs incurred during the arbitration process.
You agree that ECI, in its sole discretion, may terminate your registration at any time, and remove and discard any content that you have posted on the Site, for any reason, including, without limitation, for lack of use or if ECI, in its sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and you acknowledge and agree that ECI may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that ECI shall not be liable to you or any third-party for any termination of your access to the Site.