Introductiona. By accessing, browsing or using the website coloradoenergysolutions.org(“Site”) in any way, you (sometimes referred to as the “User”) automatically agree to accept and abide by all of these Terms and Conditions as well as any subsequent modifications thereof. These Terms and Conditions govern your use of this website. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use this website.
b. Throughout the remainder of these “Terms and Conditions” provisions, Colorado Energy Savings, as well as its employees, agents and affiliates shall be collectively referred to as “CES” These Terms and Conditions establish an agreement between the User and CES.
c. You must be at least eighteen (18) years of age to use this website. By using this website you warrant and represent that you are at least 18 years of age.
Warranties and Releases. These Terms and Conditions contain various warranties and releases from the User as well as disclaimers of liability from CES. You should carefully read these Terms and Conditions before using the Site or any products/services offered. If you do not agree to these Terms and Conditions do not access, browse or utilize the Site or products and services offered by CES.
Reasonableness. By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
License to use Site. CES reserves all intellectual property rights associated with the Site including content, products and services. By accessing the Site and using content, products and services, User receives a limited, revocable, non-transferable license to access and display the aforementioned information solely for User’s personal, non-commercial use. Users may not decompile, reverse engineer, disassemble or reduce any portion of the Site to a human-readable form. Users are permitted to download or print one copy of individual pages of the Site for personal, non-commercial use. Any intellectual property notices located on such materials may not be removed. Users do not obtain any ownership rights in the material downloaded or printed. Users shall be responsible for any injury resulting from copyright, trademark or proprietary rights infringement.Unless otherwise stated, CES and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions. You may not:
a. republish material from this website (including republication on another website);
b. sell, rent or sub-license material from the website;
c. show any material from the website in public;
d. reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
e. edit or otherwise modify any material on the website; or
f. redistribute material from this website (except for content specifically and expressly made available for redistribution).
Usage Rules.a. CES has no liability to User for modification or discontinuation of certain content, features, products or services (which CES may do in its sole discretion)
b. Users must comply with these Terms and Conditions and all use of the Site by User must be lawful and non-commercial in nature. Users must not engage in any activity that is threatening, harassing, defamatory, invasive of privacy, vulgar, offensive or otherwise objectionable. Users may not use someone else’s image or personal information without authorization. Users may not use the Site to advertise or solicit products or services.
c. CES may remove any posting, email, password or username that is offensive or inappropriate.
d. Users may not use any unauthorized means to access the Site (including the use of automated systems such as “robots,” “spiders,” or “offline readers.” You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
e. Any attempt to introduce files or programs or engage in any activity that interferes with the Site’s functionality is strictly prohibited. Furthermore, any attempt to gain unauthorized access to CES’s computer network, registration or User information is strictly prohibited.
f. You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
g. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without CES’s expressed written consent.
h. You must not use this website to transmit or send unsolicited commercial communications.
i. You must not use this website for any purposes related to marketing without CES’s expressed written consent.
Restricted access. Access reserves the right to restrict access to other areas of this website, or indeed this entire website, at CES’s discretion. If CES provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. CES may disable your user ID and password in CES’s sole discretion without notice or explanation.
User content.a. In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
b. You grant to CES a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to CES the right to sub-license these rights, and the right to bring an action for infringement of these rights.
c. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or CES or a third party (in each case under any applicable law).
d. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
e. CES reserves the right to edit or remove any material submitted to this website, or stored on CES’s servers, or hosted or published upon this website.
f. Notwithstanding CES’s rights under these Terms and Conditions in relation to user content, CES does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Indemnification. You agree to indemnify, defend, and hold harmless the Site, its Owners, affiliates, agents, employees, distributors and all officers, directors, shareholders, successors and assigns of each of the foregoing from and against, any and all liabilities, obligations, losses, damages, out-of-pocket costs or expenses (including interest, penalties and reasonable attorney’s fees and expense incurred in the investigation or defense of any of the same or in asserting any of their respective rights hereunder) arising out of your violation of the Terms and Conditions (or any claim that you have breached any provision of these Terms and Conditions), or out of your use of the Site.
Breach of these Terms and Conditions/Termination of Use. Without prejudice to CES’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, CES may take such action as CES deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Limitations of liability. CES will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:a. to the extent that the website is provided free-of-charge, for any direct loss;
b. for any indirect, special or consequential loss; or
c. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if CES has been expressly advised of the potential loss.
Other parties.a. You accept that, as a limited liability entity, CES has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against CES’s officers or employees in respect of any losses you suffer in connection with the website.
b. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect CES’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as CES.
No Warranties. This Site is provided “as is” without any representations or warranties, express or implied. CES makes no representations or warranties in relation to this Site or the information and materials provided on this Site. Without prejudice to the generality of the foregoing paragraph, CES does not warrant that this Site will be constantly available, or available at all; or that the information on this Site is complete, true, accurate or non-misleading. Nothing on the Site constitutes, or is meant to constitute, professional or legal advice of any kind.
Modifications to Site and Services. CES may, in its sole discretion modify or discontinue any service, product or any aspect/ feature/information of the Site without prior notice to Users. Users may be notified of such changes on the “Last Updated” section of the Site.
Modifications to Terms and Conditions. The Site and its owner are entitled to unilaterally make changes to these Terms and Conditions without notice to Users. By using the Site, Users acknowledge that the Site may modify these terms without notice and that such modifications shall become binding at the time they are posted. Changes to this document may be made from time to time as new products or services are added or as market and business conditions change. Individual notice of these changes will not be distributed, but the latest revision will be posted on the Site in the “Last Updated” section of the Site. Users should review this document prior to using the Site and periodically check the Terms and Condition.
Use in the United States. CES’s Site and services/products are intended for use by persons residing in the United States. If a User outside of the United States chooses to access the Site or use services/products, that User bears sole responsibility for compliance with the laws of the jurisdiction from which the Site is accessed or in which the services/products are used. CES makes no representations that the Site, content or services/products available to Users is appropriate or permitted for use outside of the United States. Users may not make use of this Site from any jurisdiction where use of the Site is prohibited by law.
(1) CES may collect personally identifiable information, such as your name. CES may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.
(2) Information about your computer hardware and software may be automatically collected by CES. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the CES website.
(3) CES encourages you to review the privacy statements of websites you choose to link to from CES so that you can understand how those websites collect, use and share your information. CES is not responsible for the privacy statements or other content on websites outside of the CES website.
b. Use of Your Personal Information.
(1) CES collects and uses your personal information to operate its website(s) and deliver the services you have requested.
(2) CES may also use your personally identifiable information to inform you of other products or services available from CES and its affiliates. CES may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
(3) CES does not sell, rent or lease its customer lists to third parties.
(4) CES may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to CES, and they are required to maintain the confidentiality of your information.
(5) CES will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on CES or the site; (b) protect and defend the rights or property of CES; and, (c) act under exigent circumstances to protect the personal safety of users of CES, or the public.
(1) The CES website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
(2) One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize CES pages, or register with CES site or services, a cookie helps CES to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on.
(3) When you return to the same CES website, the information you previously provided can be retrieved, so you can easily use the CES features that you customized.
(4) You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the CES services or websites you visit.
d. Security of your Personal Information. CES secures your personal information from unauthorized access, use or disclosure.
e. Children Under Thirteen. CES does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
f. Opt-Out & Unsubscribe. We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from CES by contacting us here:
– Email: email@example.com
Links to Other Websites. The Site may contain links to other websites. CES is not responsible for the content, accuracy, functionality or opinions expressed on these websites and such websites are not investigated, monitored or checked for completeness by the Site or its owners. Links to other websites published on the Site does not imply an endorsement or approval by the Site or its owners. Use of a linked website is done at User’s own risk.
Assignment. CES may transfer, sub-contract or otherwise deal with CES’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent. User may not transfer, sub-contract or otherwise deal with User’s rights and/or obligations under these Terms and Conditions.
Force Majeure. CES shall not be held responsible for any delay or failure in performance to the extent that such delay or failure is caused by embargoes, wars, government requirements, or acts of God; provided, however, that performance of each Party’s obligations hereunder shall not be excused by reason of an act of a government authority in the exercise of its enforcement powers against a Party for the alleged violation of any law, rule or regulation.
Governing Law/Jurisdiction. These Terms and Conditions and any subsequent use of the Site or activity based on your use of the Site shall be construed, enforced and governed by the laws of the State of Idaho, without reference to its conflicts of law rules. Any action at law, suit in equity, or any other judicial proceeding, mediation or arbitration arising out of these Terms and Conditions or resulting from any use of the Site whatsoever (including any and all claims regardless of their nature) against the Owner, its employees, agents or its affiliates, shall be instituted only in the courts or locale of Ada County, State of Idaho. All Parties agree that the courts of the State of Idaho shall have exclusive jurisdiction over these Terms and Conditions, your use of the Site and any dispute arising therefrom. User further agrees to waive any defenses based on lack of personal jurisdiction, subject matter jurisdiction or venue and agree that the courts of Ada County, State of Idaho shall have sole and exclusive personal and subject jurisdiction over you and any issue related to these Terms and Conditions and your use of the Site.
Waiver of Right to Trial by Jury. THE USER HEREBY WAIVES TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR SUIT ARISING UNDER THE TERMS AND CONDITIONS OF THIS DOCUMENT OR OTHERWISE ARISING FROM THE RELATIONSHIP BETWEEN THE USER AND THE SITE OR CES. USER AGREES THAT ANY DISPUTE SHALL BE RESOLVED EXCLUSIVELY THROUGH MANDATORY ARBITRATION IN ACCORDANCE WITH THE AMERICAN 8 ARBITRATION ASSOCIATION’S COMMERCIAL/FINANCIAL SERVICES RULES AND PROCEDURES.
Attorney’s Fees/Costs. In any action, proceeding, mediation, or arbitration arising out of these Terms and Conditions or your use of the Site, the prevailing Party shall be entitled to recover attorney’s fees and costs.
Severability. If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Contact Information. CES welcomes your questions or comments regarding this Statement of Privacy. If you believe that CES has not adhered to this Statement, please contact CES at:– Email: firstname.lastname@example.org