The Manage Your Power platform (the “Platform”) is the exclusive property of Cohen Ventures, Inc., DBA Energy Solutions ("Energy Solutions"). Energy Solutions developed the Platform to provide users with access to information on qualified service providers for implementing energy-saving projects and environmentally-preferable products (collectively, the "Content"). Access to the Platform and to the Content is for informational purposes only. In using Manage Your Power you may only access the Content that you are explicitly authorized to access.
Changes to these Terms
Energy Solutions reserves the right, at any time and in its sole discretion, to modify, alter, or update these Terms without prior notice to you. It is your responsibility to review these Terms periodically for updates and changes as they will be binding upon you. We will indicate at the top of this page the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you and will be effective as of the date Energy Solutions posts new Terms. If at any time you find these or any revised Terms unacceptable, you must immediately cease all use of the Platform. Your continued access to the Platform means that you agree to the new Terms, even if you have not reviewed the changes. You understand and agree that your continued access to the Platform after the effective date of modifications to the Terms indicates your acceptance of the modification
Registration and Account Information
You represent and warrant that all information you provide is complete and accurate information. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Energy Solutions immediately of any unauthorized use of your account, user name, or password. You may be held liable for any losses incurred by Energy Solutions due to someone else's use of your account or password. We are not liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
Grant of License
Subject to the restrictions on use set forth below, you are hereby granted a limited, non-exclusive, non-assignable, non-transferable license (the "Limited License") to access the Platform and review the Content with which you are granted access. Any violation of these Terms shall immediately and automatically terminate the Limited License granted herein without notice to you. Upon termination of this Limited License, you agree to immediately cease using the Platform. Except for the Limited License, you acknowledge that you have no right, title or interest in or to this Site, the Platform or any associated Content.
You acknowledge and agree that (1) the Content is provided "AS IS" without express or implied warranty of any type, nature or description; and (2) the Content does not reflect the views of Energy Solutions, our members, managers, affiliates, partners, agents, or representatives, and that Energy Solutions, our members, managers, affiliates, partners, agents, and representatives are not responsible for any views, ideas, positions, and the like contained in any Content.
Restrictions on Use
You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Platform or features that enforce limitations on the use of the Platform and on the extraction, copying or printing of any of the Content.
You may not post unauthorized communications (such as spam).
You may not introduce viruses, trojan horses, worms, or other malicious material or code.
You may not use any robot, spider or other automatic device, process or means to access, retrieve, scrape, reverse engineer, compile, create derivative works, publicly display or otherwise distribute any portion of the Site or the Platform.
You may not use any device, software or routine that interferes with the proper working of the Platform or to extract, print, or copy any of the Content.
You may not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
You may not solicit login and password information or access an account belonging to someone else.
You shall respect and shall not violate the privacy of others. You will not record, process, or mine information about other users; or post any other person's identifying documents or information or any sensitive financial or personal information.
You will not alter, modify, create derivative works of, decompile or otherwise attempt to extract source code from us unless we give you express written permission.
At all times when accessing and using the Platform, you will act in compliance with all federal, state, and local laws, regulations and ordinances and you may not use the Platform for any illegal purpose.
You may not directly or indirectly attack the Platform via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Platform or affect the on-going availability of the system to other users.
All Content is the confidential and proprietary information of the Platform, is intended only for persons granted access to the Platform and authorization to access the specific Content, and is to be used solely for authorized purposes. By accessing the Platform and accepting these Terms, you agree to keep confidential all information you access in the Platform, including all of the Content, whether you are authorized to access the Content or not. You may not disclose any Content to any third party. You agree to protect and hold all such information confidential in a commercially reasonable manner. If you are required to disclose any such information pursuant to judicial order or other legal compulsion, you shall notify Energy Solutions and the applicable Service Provider(s) upon becoming aware of such compelled disclosure to allow us and the applicable Service Provider(s) to seek a protective order or equivalent. If at any time, intentionally or unintentionally, you access any of the Content without authorization, you are still bound by all these Terms, and you further agree to notify Energy Solutions immediately of the unauthorized access.
Our Proprietary Rights
Energy Solutions shall have and retain all right, title and interest in and to the Platform, including without limitation all rights in the patents, copyrights, and other intellectual property and proprietary rights in the Platform, and the applicable Service Provider(s) shall have and retain all right, title and interest in and to the Content, including without limitation all rights in the patents, copyrights, and other intellectual property and proprietary rights in the Content. Except for the Limited License provided hereunder, you do not acquire any right, title or interest in or to the Platform or any of the Content therein. At no time shall you be deemed to have possession of, or a right of possession to, any of the Content.
Disclaimer of Warranties
You acknowledge and agree that the disclaimers and limits set forth in these Terms reflect the reasonable and fair allocation of risk between you and Energy Solutions and are an essential basis of this contract between you and Energy Solutions. Your use of the Platform and access to the Content is at your own risk.
NO PERSON OR ENTITY INCLUDING, WITHOUT LIMITATION, ENERGY SOLUTIONS, THEIR MEMBERS, MANAGERS, AFFILIATES, PARTNERS, AGENTS, AND REPRESENTATIVES, MAKES ANY EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE QUALITY, ACCURACY, RELIABILITY, AVAILABILITY, COMPREHENSIVENESS, ADEQUACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE, THE PLATFORM OR ANY CONTENT, OR THAT THE SITE, PLATFORM OR ANY CONTENT OR ANY INFORMATION OBTAINED THROUGH THE SITE OR PLATFORM WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE, PLATFORM OR ANY INFORMATION OBTAINED THROUGH THE SITE OR PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ENERGY SOLUTIONS HAS NO LIABILITY FOR ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE PLATFORM OR ANY CONTENT THEREIN, WHETHER PROVIDED BY ENERGY SOLUTIONS, THEIR MEMBERS, MANAGERS, AFFILIATES, PARTNERS, AGENTS OR REPRESENTATIVES, OR ANY OTHER PERSON OR ENTITY. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, ENERGY SOLUTIONS, FOR THEMSELVES AND THEIR MEMBERS, MANAGERS, AFFILIATES, PARTNERS, AGENTS AND REPRESENTATIVES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.
Limitation of Liability
You agree to defend, indemnify, and hold harmless Energy Solutions and their shareholders, board of directors, affiliates, partners, employees, agents, representatives, and any contributors to the Site and/or Platform and their respective officers, directors, employees, consultants, agents, and representatives, (collectively, the "Indemnified Parties"), from any and all claims, liability, damages, losses, expenses, and/or costs (including reasonable attorneys' fees) (collectively, "Claims") suffered by any of the Indemnified Parties arising from or relating to (i) your access or use of the Site or Platform, (ii) your violation of these Terms, or (iii) your violation of any applicable law or regulation, including violation of federal and state antitrust statutes, rules or regulations.
These Terms and your use of the Index shall be construed in accordance with and governed by the laws of the United States and the State of California, without regard to their rules regarding conflicts of law. You irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Oakland, California, USA for all disputes arising out of or related to the use of the Site, Platform, the Content, or these Terms, and you hereby submit to the personal jurisdiction of such courts.
These Terms constitute the entire agreement between Energy Solutions and you regarding your access and use of the Platform and your access to the Content, and supersedes any prior agreements between you and Energy Solutions concerning these matters. If any of these Terms is found to be inconsistent with applicable law, void, or unenforceable for any reason, the remaining portions (and any partially- enforceable provisions) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Energy Solutions' failure to enforce any of these Terms will not be deemed a waiver of such term or any other terms herein or a consent to any subsequent breach of the same or another term. You may not assign or transfer your rights and obligations under these Terms without the prior written consent of Energy Solutions. Energy Solutions may assign or transfer its rights and obligations under these Terms at any time and without notifying you. Any of the Terms that are, by their nature, intended to survive termination shall survive termination. Section titles are for convenience only and have no legal effect. The Indemnified Parties and the applicable Service Provider(s) are third- party beneficiaries to these Terms.
Accuracy of Information
The Content may include information and data from a variety of Service Providers, publicly accessible and other sources including, but not limited to, utility web sites, public-agency web sites (such as the Dept. of Energy and the EPA), and state regulatory agencies. This information may include but is not limited to contact information and pricing information for Service Providers. We do not make any representation regarding the accuracy of such information.
You acknowledge and agree that Energy Solutions is not responsible or liable for the availability or accuracy of any of the information obtained from other sources presented.
If you have any questions concerning these Terms or Manage Your Power, please contact Energy Solutions, Attention: Manage Your Power Team, 449 15th St. Suite 400, Oakland CA 94612 firstname.lastname@example.org.
Energy Solutions notifies you of significant releases below. Significant releases are those that might have an impact on any attributes associated with the Security, Confidentiality or Availability of the Site.
Last Modified: September 14, 2018