Last Updated: April 5, 2013
1. Acceptance of Terms
2. Services Provided By Website
3. Website Access and License
If you are issued a password and account by the Company to access any Services, you are personally responsible for maintaining the confidentiality of any such password and account and for all activities that occur under such password or account. You will need to immediately notify the Company of any unauthorized use of your password or account or any other breach of security.
4. Spam Policy
In order to maintain the integrity of the Website, you are not to use the Services to post or send (a) messages which are unrelated to a particular topic of discussion of a news group or message board facilitated by the Company (b) unsolicited commercial email, (c) unsolicited bulk email, (d) mass email, (e) junk email, (f) chain letters, (g) pyramid schemes or (h) messages advertising goods or services that are addressed to a recipient with whom you do not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient (collectively, "Spam"). Other types of Internet abuse which may also qualify as Spam include, but are not limited to, (i) disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the Services are able to type, or otherwise acting in a manner that negatively affects another user’s ability to engage in real-time exchanges, (ii) using "bots" or otherwise harvesting other users' information, including email addresses, and (iii) uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
In addition to any of the foregoing, electronic messages sent or caused to be sent using the Services may not contain false or misleading information in the subject line or otherwise contain false or misleading content; employ any technique to otherwise misrepresent, hide or obscure any information identifying the point of origin or the transmission path; use or contain invalid or false headers; use any other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's computer system, without permission of such third party; or use or contain invalid, non-existent or otherwise false domain names.
5. Links to Third Party Sites
You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from any Linked Site. The Company shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information, promotions, products, or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from the terms and conditions of other sites. The Company does not guarantee any content on such sites or anything offered by third parties, including but not limited to prices, promotions, products, or services.
You are knowingly and voluntarily assuming all risks of using the Linked Sites to purchase goods and services and of using any "coupons" and specials listed on this Website. You agree that the Company and its licensors and advertisers shall have no liability whatsoever from such Linked Sites and your usage of them.
6. Hosted and Submitted Content
At times, we may host third party articles and similar content on our Website, or articles or content written by our own employees and contractors (collectively, "Hosted Content"). All of such Hosted Content available on or through the Services and/or the Website, including text, logos, images, copy, applications and intellectual property is owned by us, our suppliers, and our contributors, and is protected by copyright, trademark, and other proprietary rights. We give you permission to use the Hosted Content for personal, non-commercial purposes only. You may print, download, and store articles and other information included within the Hosted Content for your own convenience, but you may not distribute, republish, sell, mine, exploit, frame or scrape any of the Hosted Content, or exploit the Hosted Content for commercial gain.
At times, you may be invited to submit content to the Website, which may include but is not necessarily limited to items such as documents, music, sound, photographs, video, topical questions or responses submitted through forums or blog entries, either for publication, circulation and/or distribution (collectively, the "Submitted Content" and when used generically with Hosted Content, "Content"). Such Submitted Content is yours and the Company does not claim ownership of Submitted Content, but by submitting such Submitted Content you grant the Company a nonexclusive, royalty-free, fully paid-up, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense the Submitted Content. We must reserve the right to remove any Submitted Content at any time without notice. Further, any publication of any Submitted Content is at our sole discretion.
By providing Submitted Content, you certify that you own the Submitted Content, or otherwise have the right to freely redistribute the Submitted Content without limitation, and that providing this Submitted Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets, right of publicity or other proprietary rights. Further, you certify that your submissions contain no elements and produce no results that are defamatory, obscene, in violation of any law, or otherwise contain harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses.
When reporting an infringement, please ensure you provide all of the following information: (i) a detailed description of the Content on the Website that you, in good faith, believe is an infringement of your ownership rights; (ii) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, the copyright owner; (iii) a statement by you declaring under penalty of perjury that (A) the foregoing information is accurate, (B) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the actual owner, and (C) your physical address, telephone number, and email address. The Company will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). Some of the Content on the Website may be provided by third parties, including third parties that have paid to place their Content on the Website. The Company expressly disclaims any representation or warranty about the accuracy of such content.
b. Types of Information Collected
i. Traffic Data Collected. We automatically track and collect non-personal identification information when you visit our Website, including your (A) IP address (a set of numbers that is assigned to your computer when you are on the Internet); (B) domain server (a computer that stores web site files and provides them to people who request them); (C) type of computer; and (D) type of web browser (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Website. We collect Traffic Data through the use of "Cookie" technology and "Web Beacons." "Cookies" are data files sent to and stored on the computer you use to view a web site. "Cookies" can be used to monitor use of our Website, to customize content specific to your interests, to ensure that you do not see the same advertisement repeatedly and to store your user name and password so you do not have to re-enter it each time you visit the Website. "Web Beacons" are small graphic image files on a web page which can be utilized by a web site to determine information about a user. "Web Beacons" are not used to track information outside of our Website and are not used to track personal information. The information collected by Web Beacons allows us to, among other things, statistically monitor the number of users of our Website, and the web sites of our selected partners.
ii. Personal Information Collected. In order for you to access certain services and/or to purchase products and services that we offer via the Website, we may ask you to provide us with information that personally identifies you ("Personal Information"). Personal Information may include data such as: (A) your name, telephone number, mailing and/or e-mail addresses ("Contact Data"); (B) your credit score, account or credit card number ("Financial Data"); (C) your zip code, age and/or income ("Demographic Data"); (D) your energy rate plan and usage information (“Energy Data”); or (E) the information input or calculated as a result of estimating your solar potential using the Website (“Solar Data”). If you communicate with us by e-mail, post messages to any of our chat groups, bulletin boards or forums, or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected as Personal Information. We will only collect Personal Information which you voluntarily provide.
c. Uses of Information Collected
We use Contact Data to send you information about our Company or our products or services, or promotional material from some of our partners, or to contact you when necessary. We use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services. We use your Demographic Data to customize and tailor your experience on the Website, displaying content that we think you might be interested in according to your preferences. We use your Energy Data to help determine your suitability for our products or services, or the products or services of some of our partners. We use your Solar Data to help determine your suitability for our products or services, or the products or services of some of our partners.
We are committed to protecting the privacy of children. Therefore, we prohibit registration by children under the age of 13 for all interactive portions of the Website including forums, chats and message boards. We will not knowingly collect personally identifiable information from children under 13. We strongly urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online.
Furthermore, we may, at our discretion, require users under the age of 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
e. Communications from Website and Third Parties
We reserve the right to contact you regarding product or service alerts and special offers that we believe may be of interest to you. We may also provide your Contact Data to solar retailers and other related third party service providers that we believe may be of interest to you. We will not provide your Financial Data to any third party without your consent. Accordingly, we, or these third parties may directly contact you about: (i) your information service request through this Website and / or (ii) our / their own products and services. We respect your right to “opt out” of these communications at any time. If you do not want us to contact you, or share your Personal Information with any third parties, you may “opt out” by emailing us at [email protected] Please note, however, if you choose to "opt out" you may not be eligible for certain benefits for which Personal Information is needed.
f. User Choice Regarding Collection, Use and Distribution of Personal Information
You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Website; however you will not be able to access and use those portions of the Website that require your Personal Information. If you do not wish to receive information and promotional material from us or from some of our partners, you may “opt out” by emailing us at [email protected]
g. Confidentiality and Security of Personal Information
h. Lost or Stolen Information
You are responsible for maintaining the confidentiality of your Personal Information including, but not limited to, the details of your credit card(s) and your user name and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You must immediately notify us if your credit card, user name or password is lost, stolen or used without your permission. In such an event, we will cancel that credit card number, user name or password and update our records accordingly.
i. Other Limits to Your Privacy
8. Disclaimer of Warranties/Limitation of Liability
While we use reasonable efforts to include accurate and up-to-date information on the Website, we make no representations as to the accuracy, quality, timeliness, availability, or completeness of the information, documents, Content or other materials available on the Website, and you should not rely upon them. We provide the Website and any Service on an "AS IS, AS AVAILABLE" basis. You use the Website and any Service at your own risk, and the Company, its employees, directors, and agents are not liable for any errors or omissions in their content or delivery, or for any form of loss or damage (including any consequential, indirect, incidental, special, or exemplary damages, even if known to us) that may result from their use. We expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement. If any of the above provisions are void under governing law, our liability shall be limited to the maximum extent permitted by law.
10. Injunctive Relief
12. No waiver; Severability
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.
Copyright 2013 Sidestep Energy, LLC