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      This page states the Terms of Use under which users may  access, interact with, and otherwise use the MassSaveData.com internet site  owned and operated by The RCS Network (the "Website"). As used  herein, the words “user,” “you” and “your” mean users of the Website and the  words “we,” “our,” and “NETWORK” shall mean The RCS Network (“NETWORK”), the  owner and operator of the Website.  These  terms of use constitute a binding legal agreement (the "Agreement")  between you and NETWORK. If you do not accept the terms stated here, do not use  the Website. This Agreement contains the complete terms that apply to your use  and participation, and by using the Website you agree to be legally bound by  the terms and conditions set forth in this Agreement. This Agreement is subject  to change and may be modified at any time, and any such modification shall be  effective immediately upon posting of the modified agreement on the Website. If  you find changes in these terms that are unacceptable, you should discontinue  your use of the Website.  Your right to  use the Website will terminate immediately, without any further action by  NETWORK, if you breach any terms of this Agreement. 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; andA 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.  
  You agree that these Terms of Use, and the agreement they  create, shall be governed by, and interpreted according to the laws of the  Commonwealth of Massachusetts; and you further agree and expressly consent to  the exclusive exercise of personal jurisdiction in the courts of the  Commonwealth of Massachusetts in connection with any dispute with NETWORK or in  any way relating to your use of the Website. 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 
 If you have any questions about these Terms of Use, please Contact us. |