Section 1. General Terms
- The Website is a venue with the purpose of offering information about the performance of energy efficiency in Massachusetts. NETWORK’s mission is to provide valuable information to users; however, there may be content provided or generated by third parties that is intentionally or accidentally incorrect. The Website may contain inaccuracies or typographical errors. Any offers, sales or purchases you make with another person or entity, or decisions you make facilitated through the Website are strictly on your own. You must do your own due diligence and use your best judgment.
- NETWORK reserves the right to expel users and prevent their further access to the Website for violating this Agreement or the law. Parents and guardians are solely responsible for use of this site by their children under the age of eighteen. Minors may not use this site without actual parental supervision.
- You acknowledge and agree that NETWORK has the right to monitor the Website electronically from time to time in its sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its users.
- If NETWORK is notified of communications or content that do not allegedly conform to this Agreement, it may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the content or termination of use of the Website. NETWORK has no liability or responsibility to users for performance or nonperformance of such activities. If a user views content or receives communications allegedly inconsistent with this Agreement, an e-mail may be sent to [email protected] stating the observed behavior. Following receipt of such correspondence, decisions will be made regarding user terminations, removal of posted content, or other actions deemed appropriate by NETWORK in its sole discretion. All decisions made by NETWORK are final and do not imply nor impose, on NETWORK, any responsibility or liability for the form, content, or accuracy of the original, or any future, posted content by or communications between anyone.
Section 2. Copyright and Other Restrictions On Use of the Website and Website Content
Section 3. Disclaimer of Liability
- Authorization of Use and General Prohibited Uses. NETWORK authorizes you to view and download a single copy of content on the Website, including content provided by RSS feed, Atom feed or other web feed, solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. The Website shall not be used by any person to post, transmit, display, publish, or distribute content that (i) violates this Agreement, (ii) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others, (iii) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters and pyramid schemes, or (iv) violates applicable laws, including without limitation, consumer protection and trade laws and regulations. Except as specifically authorized by NETWORK, Users may not deep-link to the Website for any purpose or use any robot, spider or other automatic device or process to monitor or copy any portion of the Website or the Material (as defined below).
- Copyright; Prohibition Against Copying. The contents of the Website, such as the compilation and arrangement of content and data including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), content provided by RSS feed, Atom feed or other web feed or other content or software used in or provided through the Website (the "Material"), are protected by copyright under both United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark, and other laws. Regardless of the extent to which the Material is protected by copyright you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by NETWORK. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. The use of the Material on any other website or other telecommunication media or in a networked computer environment for any purpose, without the prior express written permission of NETWORK, is prohibited.
- Trademark. MASS SAVE® is a registered service mark of NETWORK, and the MASS SAVE® logo is a registered service mark of NETWORK. NETWORK’s service marks may not be used by the user in connection with any product or service that is not offered by NETWORK in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits NETWORK.
Section 4. Disclaimer of Endorsement
- NETWORK does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. NETWORK is not responsible or liable for the costs of servicing or replacing equipment or data incurred through your use of the Website or the Material. NETWORK does not guarantee continuous, uninterrupted or secure access to the Website, and numerous factors outside of NETWORK’s reasonable control may interfere with operation of the Website. The Website contains links to third party websites (the “Third Party Websites”). These links are provided solely as a convenience to you. NETWORK is not responsible for the content of linked third-party Websites and does not make any representations regarding the quality of products or services offered by, available through, or advertised on such Third Party Websites, or the content or accuracy of materials on such Third Party Websites. NETWORK disclaims all liability with regard to your access to and use of such linked Third Party Websites. If you decide to access linked Third Party Websites, you do so at your own risk.
- The Website and the Material are provided on an 'as is' basis without any warranties of any kind. While the information on the Website is periodically updated, no guarantee is given that the information provided is correct, complete and up-to-date. To the fullest extent permitted by law, NETWORK disclaims all warranties, including the warranty of merchantability, non- infringement of third party rights, and the warranty of fitness for a particular purpose. NETWORK makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the Material, content, services and links. Use of the Website is at your own risk.
Unless specifically indicated otherwise, reference in this site to any specific commercial product, process or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply an endorsement, recommendation or approval by NETWORK.
Links for this Website to other sites on the World Wide Web do not constitute an endorsement from NETWORK unless specifically indicated otherwise. These links are provided for informational purposes only and are not owned or operated by or under the control of NETWORK. It is the responsibility of the user to evaluate the content and usefulness of material or information obtained from other sites.
Section 5. Limitation of Liability
Section 6. Indemnity and Release
- In no event shall NETWORK, its members, affiliates, agents, suppliers, partners, information providers, and their respective officers, directors, employees, contractors and agents or any third parties mentioned at the Website be liable for any damages whatsoever (including without limitation, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Website, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not NETWORK or such other parties are advised of the possibility of such damages. In no event shall NETWORK or the aforementioned parties be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the Website or any of its content. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the Website exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
- Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this agreement are material bargained for bases of this agreement and that they have been taken into account and reflected in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement.
Section 7. Infringement Notice
- As a material inducement to provide you with use of the Website, you hereby indemnify, defend and hold NETWORK, and its members, officers, directors, owners, agents, partners, information providers, and affiliates (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, claims, actions, demands and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement, including, reasonable attorneys' fees and costs.
- If you have a dispute involving the Website with a third party, you release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
It is NETWORK’s policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. In accordance with the DMCA, notifications of claimed copyright infringement should be submitted to the following Designated Agent for the Website: [email protected].
To be effective under the DMCA, the notification must be a written communication that includes the following:
Section 8: Jurisdiction
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works on the Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that 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 an exclusive right that is allegedly infringed.
Section 9. General
Nothing herein shall be construed to limit the right of NETWORK to warn, suspend or terminate access to the Website of any user who breaches this Agreement, provides inadequate authentication of identity, or if NETWORK, in its sole discretion, determines that the user's activities pose a possible legal or business risk to anyone, including NETWORK. NETWORK may discontinue or change the Website at any time. This Agreement is personal to you and may not be assigned without the prior written consent of NETWORK. NETWORK makes no claims that any of the Material is appropriate or may be downloaded outside of the United States. Access to the Materials by certain persons, or in certain countries or places of business may not be legal. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Captions are for reference purposes only and do not define, limit, construe or describe the scope or extent of any section. Except as expressly provided in a particular "Legal Notice," written license or material on particular Web pages, this Agreement constitutes the entire Agreement between you and NETWORK with respect to the use of the Website.
Section 10. Questions