Enerocity.com Website (Service)

Copyright Notice

Copyright Notice - © 2003 HEM Technologies, LLC All rights reserved. Enerocity.com is a wholly-owned media property of HEM Technologies, LLC. Enerocity.com appreciates your interest in its web site. This site is provided for your personal, non-commercial use only. You may make a single copy of any part of this web site for your personal use provided that you keep any copyright notices included in the original material on your copy. You may not change any materials on this site or use them for any commercial purpose. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.

Idea Submission

Enerocity.com does not accept unsolicited products, ideas, or other information on a confidential basis. If you send to us or post to this web site any information, including an unsolicited idea or invention, it will be treated as non-proprietary and non-confidential.  Enerocity.com will have no obligations with respect to any such information, and will be free to copy, disclose, distribute, incorporate and otherwise use any such information and all data, images, sounds, text, and other things embodied therein, for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this web site any unlawful, threatening, libelous, defamatory, belligerent, hateful, obscene, or pornographic material.

Links

Links to other web sites from our web site are provided for your convenience. Enerocity.com is not responsible for the content of any other web site. If you decide to access any of the web sites linked to this web site, you do so entirely at your own risk.

Warranty Disclaimer

Our editorial staff puts forth its best efforts to keep the content of Enerocity.com current and accurate; however, we do not represent or warrant that all information on this web site is complete and accurate. We assume no liability or responsibility for any errors or omissions in the content of this web site.  We may change the materials on our web site at any time without notice. ALL INFORMATION AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The foregoing exclusion may not apply to you if applicable law does not allow exclusion of implied warranties.  Enerocity.com assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in, or downloads of any content from this web site.  Enerocity.com makes no commitment to update the information on this web site.

Limitation of Liability

Enerocity.com will not be liable under any circumstances for any loss, damage or injury arising out of or connected in any way with the use or inability to use this site, any web sites linked to this site or any information or materials contained in any such site, including, but not limited to, special or consequential damages, even if there is negligence by Enerocity.com or its employees or agents, or if an authorized Enerocity.com representative has been advised of the possibility of such damages. The foregoing limitations may not apply to you to the extent that applicable law does not allow such limitation.

Privacy Policy 

Pursuant to Enerocity.com's privacy policy, we may disclose to third parties certain information contained in your Registration Data or related data unless you choose to opt out from such disclosures or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the Terms of Service. For more information, please see our full Privacy Policy.

Applicable Law

The laws of the State of Ohio, United States of America, will govern the use of this web site and any disputes concerning this site, without giving effect to any principles of conflicts of law. The federal and state courts of the State of Ohio will have exclusive jurisdiction over any claims related to this site. If you access this site from outside the United States, you are also responsible for compliance with applicable local laws.

Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this web site are registered and common law trademarks of Enerocity.com and others. Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this web site without the written permission of Enerocity.com or such third party that may own the Trademarks displayed on this web site. Your use of the Trademarks displayed on this web site is strictly prohibited. You are also advised that Enerocity.com will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Images

Images of people or places displayed on this web site are either the property of, or used by permission by, Enerocity.com. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on this web site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. We may modify these Terms and Conditions at any time without notice. You should visit this page from time to time to review the then-current terms and conditions because they are binding on you.

Registration 

Registration is required for access to Enerocity.com's library of money-saving articles,  Discussion Forum,  Value Center, and other features. If you elect to register to access Enerocity.com features and/or participate in any future services offered by Enerocity.com you agree to: (a) enter true, accurate, current, and complete information about yourself in the registration form fields (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or Enerocity.com has reasonable grounds to suspect that such is the case, Enerocity.com reserves the right to suspend or terminate your account and refuse any and all current or future use of the Enerocity.com features (or any portion thereof).

Passwords

As part of the registration process, you will select a username and password for your account. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify Enerocity.com immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Enerocity.com cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. 

Disclaimers

Enerocity.com has provided links and pointers to Internet sites maintained by third parties. Neither HEM Technologies, LLC, the owner of Enerocity.com, nor its affiliates operate or control in any respect any information, products or services that third parties may provide on or through Enerocity.com or on a website linked to by Enerocity.com. The materials in this site and the third-party sites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Enerocity.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Enerocity.com does not warrant that this website or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including the discussion forums, or the servers that make it available, are free of viruses or other harmful components.

Enerocity.com does not warrant or make any representations regarding the use or the results of the use of the website or materials in this website, or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Enerocity.com) assume the entire cost of all necessary maintenance, repair or correction.

The website is provided for informational purposes only, and is not intended for trading or investing purposes, or for commercial use. The website should not be used in any high risk activities where damage or injury to persons, property, environment, finances or business may result if an error occurs. You expressly assume all risk for such use.

© Copyright HEM Technologies, LLC., 2003  All rights reserved.

Enerocity.com Discussion Forum

The Discussion Forums are intended to be an on-line one-to-many interaction medium for registered users of Enerocity.com. This Service is intended to provide a forum for a rich, free-flowing exchange of information, opinions and comments. Here, users can ask questions on a wide range of home energy related topics and receive answers from fellow users. Users can also share their experiences, good and bad, on home projects undertaken, items purchased, and services procured.  Your use of the Forum will constitute your agreement to comply with the rules outlined below. If you cannot agree with these rules, please do not use the Service. These rules may be modified by Enerocity.com from time to time; notice of revisions to this Agreement will be announced on this page. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement. Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to Service Provider's other remedies. 

Rules of Usage

Comments By Users Are Not Endorsed By Enerocity.Com: 

Enerocity.com does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on bulletin boards or otherwise contained in the Service. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, and does not necessarily represent the views of Enerocity.com. 

Disclaimers

Enerocity.com does not represent or warrant that all material submitted and posted in the Discussion Forums is complete and accurate. We assume no liability or responsibility for any errors or omissions in this material. We may change the materials on our web site at any time without notice. ALL INFORMATION AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

Limitation of Liability

Enerocity.com and its affiliates will not be liable under any circumstances for any direct, indirect, special, consequential or punitive loss, damage or injury arising out of or connected in any way with the use or inability to use the discussion forum, any web sites linked to Forum content or any information or materials contained in any such site, including, but not limited to, special or consequential damages, even if there is negligence by Enerocity.com or its employees or agents, or if an authorized Enerocity.com representative has been advised of the possibility of such damages. Enerocity.com assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing in, or downloads of any content from the Discussion Forums. Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You may also have other rights which vary from state to state.

Use Of The Service By You

·  This service is not intended for users under the age of 18. Such users are expressly prohibited from using the discussion forums and from submitting any personally identifiable information; any misrepresentation of age entered during the required registration constitutes fraud.  Material submitted by such parties will not be posted or otherwise used in this forum. 

· Your right to use the Service is not transferable or assignable -- you may not authorize others to use the Service under your account, and you are responsible for all use of the Service under your account. Usage of your account is only for you.

· The following rules apply to all discussion forum submissions:

· No obscene, profane, indecent, or offensive language.  

· No material that is defamatory, abusive, libelous, harmful, or hateful to any group or individual. 

·  No personal attacks.  Disagreeing with another person's idea or that person disagreeing with your idea does not justify your attacking that person. 

· No racial, ethnic, or sexual slurs. Threatening or belligerent messages, or any similarly unacceptable material is strictly prohibited. 

· No uploading, posting, emailing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "spam," "junk mail," "chain letters," "pyramid schemes," or any other form of nuisance solicitation.

· URL's may be used for reference purposes only. URL's most be relevant to the discussion at hand and not be intended for solicitation of business. 

· No spamming within the Discussion Forums (posting the same message to multiple discussion threads). 

· No impersonation of others, including, but not limited to, an Enerocity official, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with another person or entity. 

· No forging of headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Service 

· No messages with all uppercase letters. Many people perceive such postings as expressions of anger.  Postings must be in plain font using upper and lower case letters. 

· No messages exceeding 350 words. Overly long postings hog screen space and inhibit discussion. If you have a story of some length to share, append a Word or WordPerfect document with the full text. 

· No uploading, posting, emailing or otherwise transmitting of any material of any nature, including text, graphics, video, programs or audio that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, national or international law or regulation. You agree to use the Service only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. 

· No uploading, posting, emailing or otherwise transmitting any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. 

· No uploading, posting, emailing or otherwise transmitting of any viruses, worms, Trojan horses, or other code intended to deface, damage, or hinder the performance of the Discussion Forums, including their underlying files, software, and hardware or the files, software, and hardware of the registered users. 

· Stay on topic and keep the discussion focused. If you wish to discuss something for which there is no previously established discussion thread, create a new one. 

Forums moderators reserve the right to remove messages or discussions for any reason at any time.  Registered users who fail to respect the letter and spirit of the above rules will receive a warning by e-mail and user privileges may be temporarily revoked. If violation of the above rules continues, the user may be permanently barred from using Enerocity.com's discussion forums.

Material on the Discussion Forums is for your personal use only. The Forums contain copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Service, except as permitted by the Copyright Act or other law.

All Discussion Forum communications are public and not private communications. Although Enerocity.com reserves the right to remove, without notice, any Forum posting for any reason, it has no obligation to delete content that you may find objectionable or offensive. By uploading materials to the Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) Enerocity.com a perpetual, royalty-free, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

· You agree not to disrupt or interfere with the Service, nor to alter of tamper with any information or materials on or associated with the Service.

Use Of Material Supplied By You

Postings to and communications with the Discussion Forum are not private. You grant Enerocity.com the free and unrestricted right to use, reproduce, modify, translate, transmit and distribute any material you supply to or communicate within the Discussion Forum in any medium (now in existence or hereafter developed) and for any purpose, including commercial uses, and to authorize others to do so. 

Copyright Complaints

Enerocity.com respects the intellectual property of others, and we ask our users to do the same.  Enerocity.com may, in appropriate circumstances and at its discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on the Enerocity.com Discussion Forums in a way that constitutes copyright infringement, or that Enerocity.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you should provide to Enerocity.com the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. section 512. 

Materials Posted By Others

You agree that the Enerocity.com is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material. Indemnification: You agree to indemnify the Enerocity.com and its affiliates, employees, agents and representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Service, or from your breach of this Agreement, or from any such acts through your use of the Discussion Forums. 

Editing And Deletions

Enerocity.com reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed in the Discussion Forums, in its sole discretion, for any reason and without notice. 

Termination 

Enerocity.com has the right to terminate your ability to access the Service, for any reason, without notice. 

Jurisdiction 

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of Ohio applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Cleveland, Ohio. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Although this Agreement may be translated into other languages for convenience, the definitive version is the one in English. 

Entire Agreement

This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral. 

Access Restrictions

Enerocity.com reserves the right to deny in its sole discretion any user access to its website or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Enerocity.com, and for any use or misuse of your account resulting from any third party using a password or user name issued to you.

Enerocity.com Value Center

The Enerocity.com Value Center presents the registered user with on-line offers for different types of products and services that are provided by third parties. Any and all transactions undertaken within the Value Center are strictly between the registered user and these third parties.  Enerocity.com is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services, purchase transaction, or any followup interaction.  If you make a purchase from a vendor hosted by the Value Center or linked to by Enerocity.com, the information obtained during your visit to those online stores, and the information that you give such as your credit card number and contact information, is collected by the merchants and not by Enerocity.com.  These merchants may have privacy and data collection practices that may differ from those of Enerocity.com.  Enerocity.com has no responsibility or liability for these independent policies.  For more information regarding the merchant, its online store, and its privacy policies, return to that store's home page and click on its information links or contact the merchant's website directly.  You release Enerocity.com and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through Enerocity.com.

Copyright © 2003 HEM Technologies, LLC. All rights reserved.