Acceptance of Agreement
You must be 13 years of age or older to enter this Site and/or download any of the content available on the Site on your own. If you are under the age of 13, please exit the Site.Any use of or access to the Site or Service by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement. Use of the Site or Service is void where prohibited. You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
PES may, in its sole discretion, refuse to offer use of the Site and/or Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that this Agreement is in compliance with all laws, rules and regulations applicable to you and the right to access the Site and/or Service is revoked where this Agreement or use of the Site and/or Service is prohibited and, in such circumstances, you agree not to use or access the Site or Service in any way.
The content, organization, graphics, design, compilation, code, magnetic translation, digital conversion and other matters related to the Site (“Copyright Content”) are the property of PES or its content suppliers and 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 this Agreement, 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 does not constitute a waiver of any right in such information and materials.
Project Energy Savers, LLC, PROJECTENERGYSAVERS.COM and other PES graphics, logos, publications, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of PES or its affiliates in the U.S. and/or other countries (“Trademark Content”). PES trademarks and trade dress may not be used in connection with any product or service that is not PES’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PES. All other trademarks not owned by PES or its affiliates that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PES or its affiliates.
Modifications to Site
PES reserves the right at any time to modify or discontinue, temporarily or permanently, the Site and/or Service, to alter the design, content, layout, copy, and functionality of the Site and/or Service (or any part thereof), with or without notice. You agree that PES shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or Service.
License and Site Access; Limited Right to Use
PES grants you a limited license to access and make personal use of the Site and/or Service and not to download (other than page caching) or modify them, or any portion of them, except with express written consent of PES. This license does not include any resale or commercial use (except as provided herein) of this Site, the Service, or its contents; any derivative use of the Site, the Service, or its contents; any downloading or copying of account information for the benefit of a third party, or merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise provided herein, the Site or any portion of Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PES. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PES and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing PES’s name or trademarks without the express written consent of PES. Any unauthorized use terminates the permission or license granted by PES. You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PES so long as the link does not portray PES, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PES logo or other proprietary graphic or trademark as part of the link without express written permission.
Accuracy of User Information and Account Security
In consideration of your use of the Site and/or Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. PES shall have no liability to you or any third party for any loss or damage arising from your account or your failure to comply with these requirements.
Rules and Conduct
As a condition of use, you promise not to use the Site or Service for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Site. Additionally, you shall abide by all applicable local, state, national and international laws and regulations applicable to you.
The following is a partial list of conduct policies for users of the Site and Service. PES reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, terminating the User account of such violators or blocking the use of the Site by such violators. By using the Site and/or Service, you represent and warrant that you shall not (directly or indirectly):
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Site or Service except as expressly authorized by PES;
- take any action that imposes or may impose (as determined by PES in its sole discretion) an unreasonable or disproportionately large load on PES’s (or its third party providers’) infrastructure;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Service, except to the limited extent applicable laws specifically prohibit such restriction;
- interfere or attempt to interfere with the proper working of the Site, Service, or any activities conducted on the Site;
- bypass any measures PES may use to prevent or restrict access to the Site or Service (or other accounts, computer systems or networks connected to the Site or Service);
- run any form of auto-responder or “spam” on the Site;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- harvest or scrape any content or materials from the Site;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- otherwise take any action in violation of PES’s guidelines and policies.
Third Party Sites and Content
PES or its business partners may present advertisements or promotional materials via the Site or Service. Your dealings with, or participation in promotions of any third-party advertisers via the Site are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that PES is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Site or Service.
The Site and/or Service may contain (or you may receive from PES, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, recipes, video, information, software, applications and any other content (“Third Party Content”). You understand and agree that PES is not responsible for, and does not control, such Third Party Sites and Third Party Content. You also understand and agree that PES is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content. You further acknowledge and agree that PES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
General Disclaimers; Limitation of Liability
PES is not responsible for any Third Party Sites or Third Party Content on the Site or Service, whether caused by PES, third parties, or by any of the equipment or programming associated with or utilized in the Site. PES is not responsible for the conduct, whether online or offline, of any user of the Site or Service. PES is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Internet, the World Wide Web and/or in connection with the Site or Service. Under no circumstances will PES or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or Service, any content posted on the Site or transmitted to users, or any interactions between users of the Site, whether online or offline.
YOU EXPRESSLY AGREE THAT THE USE OF THE SITE AND/OR SERVICES IS AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” 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 ON THE SITE OR SERVICE MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL PES OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, OR THE SITE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, 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 OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
PES EXPRESSLY DISCLAIMS ANY AND ALL INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES IN ANY EVENT EVEN IF ADVISED BEFOREHAND OF SUCH DAMAGES AND IN NO EVENT SHALL PES BE LIABLE FOR SUCH DAMAGES RESULTING FROM THE ACTIONS OR CONDUCT OF ANY USER OF THE SITE OR SERVICE. DISPUTES BETWEEN USERS: ALL USERS HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE PES, AND ITS RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH ANY AND ALL DISPUTES THAT ARISE BETWEEN USERS AND, INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY CONTENT POSTED BY PES OR ANY USER OF THE SITE OR SERVICE. 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 agree to indemnify, defend, and hold harmless PES, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Site and/or Service, (2) any Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement, or of any law or the rights of any third party, and (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
PES may terminate your use of the Site and/or Service and prohibit you from accessing the Site and/or Service for any reason, or no reason, at any time within its sole discretion, and with or without notice.
Jurisdiction and Choice of Law
Subject to the arbitration clauses included below, if there is any dispute arising out of the Site or Service, by using the Site and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in Kings County, for the resolution of any such dispute.
General Representation and Warranty
You represent and warrant that your use of the Site and Service will be in strict accordance with this Agreement and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area.
You and PES agree that any cause of action arising out of or related to the Site and/or Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules. The arbitration shall take place in New York, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. PES may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.