Welcome to OurEnergyPolicy.org
CODE OF CONDUCT
Our Energy Policy Foundation provides you with an online community, created with the intention to provide a forum for safe discussion and/or an environment in which you can collaborate with others. Our Energy Policy Foundation values freedom of expression on its Web site, but not at the expense of others. While you are on our Web site, you agree NOT to:
- Upload, post or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Manipulate identifiers in order to disguise the origin of any Content posted on our Web site;
- Upload, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any person or entity;
- Upload, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
- Upload, post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware equipment;
- Disrupt the normal flow of Services or otherwise act in a manner that negatively affects other users’ ability to engage in real time use of the Services on our Web site;
- Interfere with or disrupt the Services or servers or networks connected to the Web site, or disobey any requirements, procedures, policies or regulations of affiliate or networks connected to the Web site;
- Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
- Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “Stalk” or otherwise harass another;
- Or collect or store personal data about other users.
Our Energy Policy Foundation Inc. creates and operates the ourenergypolicy.org (the “Web Site”), so that you can post and embed your own content (such as comments and photos) to the interactive content.
In this User Agreement, “user”, “you” or “your” means any person or entity using the Web Site. Your use of our Web Site is subject to the terms and conditions of this Agreement. Please read them carefully. We may amend the User Agreement and our policies from time to time. Please check our website regularly for updates and changes. This User Agreement may not be otherwise amended except in a written agreement signed by you and Our Energy Policy Foundation. The Our Energy Policy Foundation Web Site is governed by other policies, guidelines or rules which may be posted from time to time and are hereby incorporated by reference into the User Agreement. Please note: underlined words and phrases are links to these pages. If you wish to use the Web Site, you will need to accept these conditions. If you do not agree to be bound by the terms and conditions of this Agreement, you will not be able to use our Web Site.
REGISTRATION, YOUR ACCOUNT, PASSWORD AND SECURITY
Registration to OurEnergyPolicy.org is free. To register on Our Energy Policy Foundation Web Site, you must be 13 years or older.
Your account is available solely for personal, non-commercial use.
You are responsible for maintaining the confidentiality of your Information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. You agree to notify Our Energy Policy Foundation of any unauthorized use of your account or password.
You acknowledge, consent and agree that Our Energy Policy Foundation may access, preserve, and disclose your account information and Content, if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary, to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Our Energy Policy Foundation, its users and the public.
You understand that you, and not Our Energy Policy Foundation, are solely responsible for all information, comments, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), that you upload and post onto the Our Energy Policy Foundation Web Site. Our Energy Policy Foundation does not control the Content posted on our Web site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. Under no circumstances will Our Energy Policy Foundation be liable in any way for any Content, for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted on our Web Site.
You acknowledge that Our Energy Policy Foundation does not and cannot review all Content uploaded on the Web Site and is therefore not responsible for the substance of such Content. Notwithstanding the foregoing, Our Energy Policy Foundation and its designees shall have the right (but not the obligation), in their sole discretion, to pre-screen, reject, or move any Content that is posted onto our Web Site or to modify any Content posted on our Web Site.
Our Energy Policy Foundation reserves the right to close the Web Site with notice to registrants who have posted Content to such it.
LICENSE TO USER CONTENT
With respect to any Content posted on the Web Site, you grant Our Energy Policy Foundation a worldwide, royalty free, perpetual, license to use, copy, transmit, publicly display, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content and elsewhere. Such license shall apply with respect to any form, media, or technology now known or later developed.
OUR ENERGY POLICY FOUNDATION’S PROPRIETARY RIGHTS
You acknowledge and agree that the Web Site and any necessary software used in connection with the Web Site (the “Software”) contain proprietary and confidential information that is protected by applicable intellectual property (copyright, trademark, patent, etc.) and other proprietary rights and laws. Our Energy Policy Foundation’s proprietary rights are outlined in greater detail below. Except as expressly authorized by Our Energy Policy Foundation you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site or the Software, in whole or in part.
All Content, excluding user posted content, located on our Web Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Our Energy Policy Foundation or its content suppliers and is protected by United States and international copyright laws. The arrangement and compilation of all content on our Web sites is the exclusive property of Our Energy Policy Foundation and protected by U.S. and international copyright laws. All software used on our Web Site is the property of Our Energy Policy Foundation or its software suppliers and protected by United States and international copyright laws. Content that you post on our Web Site shall remain your property and you shall retain the copyrights that you originally owned to such content.
Our Energy Policy Foundation respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Our Energy Policy Foundation with the written notice that includes all of the information specified below.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Please send this information to Our Energy Policy Foundation’s Copyright Agent at the following street address:
Our Energy Policy Foundation
P.O. Box 563
Scarsdale, NY 10583
Please note that we cannot take any action until we have collected all of the information specified above. Please note that this procedure is exclusively for notifying Our Energy Policy Foundation that your copyrighted material has been infringed. Please use the contact information at the end of this agreement for all other communications with Our Energy Policy Foundation.
Our Energy Policy Foundation, OURENERGYPOLICYFOUNDATION.ORG and other marks indicated on our Web sites are all trademarks of Our Energy Policy Foundation. Graphics, logos, page headers, button icons, scripts, and service names that appear on the Our Energy Policy Foundation Web Site are trademarks or trade dress of Our Energy Policy Foundation. Our Energy Policy Foundation’s trademarks and trade dress may not be used in connection with any product or service that does not belong to Our Energy Policy Foundation, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Our Energy Policy Foundation. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Our Energy Policy Foundation and may not be copied, imitated or used, in whole or in part, without the prior written permission of Our Energy Policy Foundation. All other trademarks not owned by Our Energy Policy Foundation or its affiliates that appear on our Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Our Energy Policy Foundation or its affiliates.
LICENSE AND SITE ACCESS
Our Energy Policy Foundation grants you a limited, personal, non-transferable and non-exclusive right and license to access and use our Web Site, to upload, post and annotate Content on our Web Site. Such right does not include the right to download (other than page caching) or to modify the features of the Our Energy Policy Foundation Web Site, or any portion of it, except with express written consent of Our Energy Policy Foundation. This license does not include any resale or commercial use of our Web Site or its contents; any non-authorized derivative use of the Our Energy Policy Foundation Web Site or its contents; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. The Our Energy Policy Foundation Web Site or any portion of our Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Our Energy Policy Foundation. You may not create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
Our Energy Policy Foundation does not claim any ownership rights to any Content that you post on a Our Energy Policy Foundation Web Site and. In order to enable us to display your Content and fulfill any print requests for your Content, if you post Content or submit material to Our Energy Policy Foundation Web Site, you grant Our Energy Policy Foundation and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any know or future discovered media, unless we indicate otherwise. You grant Our Energy Policy Foundation, its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if we choose.
You agree not to access the Content by any means other than through the interface that is provided by Our Energy Policy Foundation for use in accessing the Content. 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 Our Energy Policy Foundation and without express written consent of Our Energy Policy Foundation. You may not use any meta tags or any other “hidden text” utilizing Our Energy Policy Foundation’s trademarks without the express written consent of Our Energy Policy Foundation. Any unauthorized use terminates the permission or license granted by Our Energy Policy Foundation.
Our Energy Policy Foundation or third parties may provide links to other web sites or resources. Because Our Energy Policy Foundation has no control over such sites and resources, you acknowledge and agree that Our Energy Policy Foundation is not responsible for the availability of such external sites or resources, and does not endorse nor is responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Our Energy Policy Foundation 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
MODIFICATIONS TO PRODUCTS AND SERVICES
Our Energy Policy Foundation reserves the right at any time and from time to time to modify, remove or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice. Such action may, in some instances, result in the permanent deletion of associated Content. You agree that Our Energy Policy Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site (or any part thereof), nor for the removal of any Content.
You agree that Our Energy Policy Foundation may, under certain circumstances and without prior notice, immediately terminate your Our Energy Policy Foundation account and access to the Web Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the User Agreement or other incorporated agreements, policy or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Web Site (or any part thereof), and (e) unexpected technical or security issues or problems. Termination of your Our Energy Policy Foundation account includes (i) removal of access to the Web site, (ii) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (iii) barring further use of the Web Site if termination is conducted as a result of either (a) or (b) above. Further, you agree that all terminations for cause shall be made in Our Energy Policy Foundation’s sole discretion and that Our Energy Policy Foundation shall not be liable to you or any third-party for any termination of your account and/or access to the Web Site. The sections on Disclaimer of Warranties and Limitation of Liability, Indemnity and Applicable Law and Disputes will survive the termination of this User Agreement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
OUR WEB SITE IS PROVIDED BY OUR ENERGY POLICY FOUNDATION ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUR ENERGY POLICY FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OUR WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEB SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OUR ENERGY POLICY FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR ENERGY POLICY FOUNDATION DOES NOT WARRANT THAT OUR WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM OUR ENERGY POLICY FOUNDATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OUR ENERGY POLICY FOUNDATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OUR ENERGY POLICY FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEB SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
REPRESENTATIONS AND INDEMNIFICATION
You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this User Agreement and will not cause injury to any person or entity. You agree to indemnify and hold Our Energy Policy Foundation, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post or make available on our Web Site, your use of the Web Site, your violation of the User Agreement, or your violation of any rights of another.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this User Agreement, there shall be no third party beneficiaries to this Agreement.
The User Agreement constitutes the entire agreement between you and Our Energy Policy Foundation and governs your use of the Web sites, the Corporate Blog and the Products and Services, superseding any prior agreements between you and Our Energy Policy Foundation. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other affiliate services or third-party content.
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site and/or the User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By visiting Our Energy Policy Foundation, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and Our Energy Policy Foundation or its affiliates. Any disputes that are not subject to arbitration will be adjudicated by a court of competent jurisdiction located in Orange County, California.
Any dispute relating in any way to your visit to Our Energy Policy Foundation must be submitted to confidential arbitration in Orange County, California, except that, to the extent you have in any manner violated or threatened to violate Our Energy Policy Foundation’s intellectual property rights, Our Energy Policy Foundation may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be administered and conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. If either party files an action contrary to this section, the other party may recover attorney’s fees, provided that the party seeking the award has notified the other party in writing of the improperly filed claim and the other party has failed to withdraw the claim within 15 days.
If any of the conditions of this User Agreement and the policies, rules and guidelines incorporated by reference shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
When you visit Our Energy Policy Foundation or send e-mails to us, you are communicating with us electronically. By communicating with us electronically, you consent to receive communications from Our Energy Policy Foundation electronically. We will communicate with you by e-mail or by posting notices on our Web Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.