Energy Citizens

Terms of Use

Welcome to EnergyCitizens.org (herein called the “Site”). The following terms and conditions govern your use of this site. By accessing, viewing, or using the material on this site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not access or use the Site.

We reserve the right to change the terms and conditions under which this site is offered. These changes are effective immediately upon posting. You are responsible for regularly reviewing these terms and conditions. Your continued use of this site constitutes your agreement to all such terms and conditions.

Copyright

This site and all of its content are protected by copyright pursuant to U.S. and international copyright laws. If you find these materials useful, you may download, copy, display, print out, or send a copy to others so long as (1) you include our copyright notice on all copies, (2) it is used only for your personal use, and (3) the materials are not used in any misleading or inappropriate manner.

Trademark

Except as indicated, we own all trademarks, service marks, certification marks, and logos featured on this site. Use of these marks without our express written permission is expressly prohibited.

Indemnification

You agree to indemnify and hold Energy Citizens and our partners, representatives, employees, agents and assigns harmless from any claims, demands, or damages, including attorney fees, asserted by any third party due to or arising out of your use of or conduct on the site.

Disclaimer of Warranty and Liability

WE MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY, OR LACK OF VIRUSES FOR THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SITE. ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT ANY 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.

WE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ENERGYCITIZENS.ORG AND ITS SUPPORTING ORGANZATIONS TO YOU BASED ON ANY CAUSE OF ACTION EXCEED $100.

Privacy Policy

We have a Privacy Policy Statement that describes the information that we collect about visitors, and how this information is used. Click here to view the Privacy Policy Statement, which is incorporated by reference, as if set forth fully herein. Our performance under this agreement is subject to existing laws and legal proceedings, and nothing in this agreement is in derogation of our right to comply with government, court or law enforcement requests or requirements relating to your use of the site or to information collected by us with respect to such use.

Links to Third Party Sites

These sites may contain links to third party websites (“linked sites”). The linked sites are not under our control. We are not responsible for the content of any linked site and make no representations regarding the content or appropriateness of content on such sites. We do not promote, endorse or have any affiliation with any other linked site or linked site owner unless expressly stated in the Site. When you access a linked site from this site, you leave this site and you do so at your own risk. You are responsible for viewing and complying with the terms and conditions of use posted on the linked site.

Any commercial transactions or business activities between you and third parties (including advertisers) included in the site are solely between you and the third party and we shall not be responsible or liable for any part of such dealings or promotions.

Third-Party Websites Seeking to Link With our Site

You may link to our Website, provided that you comply with the following restrictions:

• You do not create a browser or border environment around our content.
• You do not imply that we endorse your site or your products.
• You do not misrepresent your relationship with the Site.
• You do not present false information about us, our activities, or our supporters.
• You do not display our name, logo, trademark, or other identifier on your site without our permission.
• You do not remove, conceal, or obliterate any copyright or other proprietary notice, source identifier, or credit line.
• You do not link from a website that could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or is being used for illegal purposes.
• You do not link from a Web site that infringes upon any intellectual property or other right of any entity or person.

If in our opinion, you violate any of these restrictions, you agree to immediately remove our link from your site.

Force Majeure

You agree that we will not be liable for any loss resulting from a cause over which we do not have direct control, including but not limited to the failure of electronic or mechanical equipment, communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes wars, or government/judicial restrictions.

Legal Advice

Nothing contained in this Site is intended as, nor shall be construed as legal advice, guidance, or interpretation. No attorney-client relationship is established between us and you by your use of this site. The information provided on this site is for general educational purposes only and specific questions about any law, statute, or regulation should be directed to an attorney with expertise in the area.

Jurisdiction

We control and operate this site from Washington D.C., United States of America. The terms and conditions for this site will be governed by and construed in accordance with the laws of the District of Columbia, without reference to its choice of law rules. By accessing, viewing, or using the material on this site, you consent to the jurisdiction of the federal and local courts presiding in the District of Columbia and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. We make no representation that materials on the site are appropriate for use in other countries and access to them from countries where the content is illegal is prohibited. You are responsible for complying with applicable local laws that regulate the content of this site.

Export Controls

You acknowledge and agree that all of the material contained in this site is subject to the U.S. Export Administration Laws and regulations. You agree that none of this material is being acquired for, shipped, transferred, or reexported, directly or indirectly, to embargoed countries or their nationals unless authorized by the U.S. Government. Countries subject to the U.S. embargo are Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Sudan. You are warranting that you are not located in, or under the control of, or a national or resident of any such country. You agree to comply strictly with all U.S. export laws and have the sole responsibility for obtaining any licenses required to export or reexport.

Access to Secure Areas

You agree that you will not attempt to access password protected and/or secure areas of this site unless you are an authorized user. If you are an authorized user, you agree not to assist third parties in obtaining access to these areas without our approval.

Submissions and Postings

This site may contain bulletin board services, chat areas, forums, and/or other message facilities designed to enable you to communicate with others or with us. You agree that nothing submitted by you to this site shall contain any material which:

• Defames, abuses, harasses, threatens others.
• Contains any inappropriate, defamatory, obscene or unlawful topic, name, material or information.
• Infringes any intellectual property or other property right of any entity or person, including, but not limited to violating anyone’s copyrights, trademarks, or confidential information.
• Violates any laws or regulations including, but not limited to, federal and state antitrust laws.
• Contains viruses or similar programs that may damage the operation of another’s computer or property.
• Advertises or offers to sell or buy any goods or services for any business purpose unless specifically authorized by us.
• Uses a false identity for the purpose of misleading others.
• Deletes any copyright or proprietary notice other designations that identify the source or origin of any materials.
• Contains any material posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.

You hereby grant to Energy Citizens and its partners, representatives, employees, agents and assigns, the irrevocable and unrestricted right to use, re-use, display, distribute, transmit, copy, reproduce, publish, re-publish, create derivative works, or otherwise exploit, either in whole or in part, audio/visual recordings, written stories, photographs, portraits and videos of you, including your image, voice, and likeness (hereinafter called “Content”), and/or filmed, captured, produced, or recorded by you, through any media including, but not limited to any and all of its publications and Web site entries, for editorial, promotional, educational and/or informational purposes, internal use, art, entertainment, trade, advertising or any other purpose; and to copyright in its own name and/or publish, and/or market, and/or assign the same without payment or any other consideration or further authorization by you.

With respect to the Content that you filmed, captured, produced, recorded, compiled, edited, submitted, received, distributed or posted, you hereby affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents and permissions to use and authorize Energy Citizens to use the Content through any media, including, but not limited to any and all of its publications and Web site entries, for editorial, promotional, educational and/or informational purposes, internal use, art, entertainment, trade, advertising or any other purpose; and to copyright in its own name and/or publish, and/or market, and/or assign the same without payment or any other consideration or further authorization by you.

You also grant Energy Citizens all rights in such Content, including the rights to reproduce and disseminate such Content, as well as to use such Content in whole or part as part of derivative works and/or supporting materials in conjunction with your own name.

You understand that information disclosed pursuant to this authorization may be re-disclosed and used in a webcast and in other media outlets.

You hereby waive the right to inspect and/or approve the finished video/audio tape or stream, print, or any other materials that may be used in connection with your Content, or the use to which they may be applied so long as such use shall be lawful.

You represent that your are over the age of eighteen (18) years and that you have read the foregoing and fully understand its contents. This release shall be binding upon you, your heirs, legal representatives, and assigns.

By submitting Content to the Site, you represent that you have read, understand, and agree to its terms. You hereby release and discharge Energy Citizens and its partners, representatives, employees, agents and assigns from any and all claims, actions, demands, and liability arising out of or in connection with the use of said Content, including without limitation any and all claims for invasion of privacy, right of publicity, and defamation.

You acknowledge that you are responsible for the legality, accuracy, and appropriateness of the Content that you submit. Although we have no obligation to monitor these materials, we reserve the right to review Content that is posted on the site and have the right to terminate your access to the site at any time and for any reason without providing notice to you. We reserve the right to remove, edit, or refuse to post any information that we deem inappropriate.

You agree that we may disclose any information involving you (including your identity) if we believe that there is a violation of law or in response to any applicable law, regulation, legal process or government request.

Claims of Copyright Infringement

Anyone who believes that we have used their work on the site in a manner that constitutes copyright infringement should send a notice to the Copyright Agent at the address listed below. The notice should contain the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an work in question;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
• The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
• Copyright infringement claims and notices should be sent to legal@energycitizens.org.

Language

It is the express will of the parties that this agreement and all related documents have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soint rédigés en anglais.

Miscellaneous

As a condition of your use of this site, you agree not to use the site for any purpose that is unlawful or prohibited by this agreement.

Use of the site by you is unauthorized in any jurisdiction that does not give effect to all provisions contained in this agreement.

You agree that no joint venture, partnership, employment, employment, or agency relationship exists between you and us as a result of this agreement.

If any part of these terms and conditions is held to be invalid or unenforceable for any reason including, but not limited to, the warranty disclaimers and liability limitations specified above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement will remain in full force and effect.

A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These terms and conditions constitute the entire agreement between you and us with respect to your use of the site. You acknowledge that, in providing you access to and use of the site, we have relied on your agreement to be legally bound by these terms and conditions.

Social Media Comment Policy

Energy Citizens has a presence on a number of social media platforms, including YouTube, Flickr, Facebook, and Twitter. Depending on the platform, a feature for user-submitted comments may be available. Regardless of the platform, however, our comment policy remains the same.

If comments are available, we encourage users to utilize the feature to share their thoughts, questions and opinions. However, comments that do not adhere to the following guidelines will not be accepted:

• Please be sure your comment is relevant to the video, photo, etc. to which you’re commenting. If you would like to communicate something to us that does not pertain to the existing conversation or content, you can contact us at info@energycitizens.org.
• Personal attacks and foul language are not tolerated. However, constructively adding to the discussion is encouraged.
• Comments should contribute to the dialogue and be respectful of us, our partners and other commenters. So please play nice.

User-submitted comments represent the thoughts and opinions of the individual publishing the comment and do not necessarily reflect the opinion of or endorsement by us. However, if a comment does not adhere to this comment policy or the above terms and conditions of the site, we reserve the right to remove the comment without prior notice.

In particular, please note that Energy Citizens has some partners that are subject to federal and state antitrust laws. We may edit, remove or refuse to add any content on this site if it conflicts with or has the potential to be misconstrued as conflicting with our antitrust policies and principles.

Mobile

By entering your phone number, you are signing up for Energy Citizens alerts subscription. Standard text message and data rates may. You may stop this service at any time by sending a text message with the word STOP, END, or QUIT to short code 363749. Your phone must have text messaging capability. You must be the owner of this device and either be at least 13 years old or have the permission of your parent or guardian. In case of questions text HELP to 363749, visit EnergyCitizens.org, or contact customer service at 1-877-822-5091. The following carriers are supported: AT&T, Verizon Wireless, T-Mobile, Sprint, Nextel, Alltel, U.S. Cellular, Cincinnati Bell, Boost, and Virgin Mobile USA.