TERMS OF USE


This Web site, www.energyhog.org, (the "Web site") is owned and operated by The Alliance to Save Energy ("The Alliance").

YOUR ACCESS AND USE OF THE WEB SITE IS SUBJECT TO THE FOLLOWING TERMS OF USE ("TERMS OF USE") AND ALL APPLICABLE LAWS. BY ACCESSING AND BROWSING THE WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESES TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT ACCESS THIS WEB SITE.

Permitted Use and Limited License: Subject to these Terms of Use, The Alliance hereby grants you a non-exclusive, non-transferable, limited right to access and use the Web site for your personal, non-commercial use, on one computer only, to view and download content made available to you by The Alliance.

Unauthorized Use: You may not resell, distribute, sublicense, rent or otherwise transfer the content available on this Web site. You may not display or link the content with or near any content that may be considered offensive, obscene, defamatory, illegal or otherwise objectionable to The Ad Council.

Screen Names: The Alliance shall authorize screen names at its discretion. Each user is solely responsible for actions taken under their screen name. The Alliance retains the right to suspend or revoke access to the Web site at any time.

Accurate Information: You may be permitted to submit the email addresses of other people to receive information from the Web site. You expressly represent to The Alliance that you have the authority to provide The Alliance with such email addresses and for the purposes intended.

Unauthorized Access: You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Web site. You may not take any action to interfere with the Web site or any other user's use of the Web site, including, without limitation, via means of overloading, “flooding,” “mailbombing” or “crashing” the Web site. You may not send unsolicited e-mail, including promotions and/or advertising of products or services, through the Web site or forge or mask your true identity in any e-mail or posting. You may not frame portions of the Web site within another web site or establish links from any other web site to any page of the Web site other than the home page.

Proprietary Rights: All pages and content within this Web site, including but not limited to, the software which operates the Web site, text, content, graphics, photographs or other materials, are the intellectual property of, or are authorized for use by, The Alliance and its licensors, business partners and affiliates. Except as expressly permitted in these Terms of Use, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available on this Web site without the prior written consent of The Alliance. You do not acquire any right, title or interest in such materials by virtue of accessing this Web site or making use of the permitted uses allowed under these Terms of Use.

Privacy: The Alliance takes the privacy of you and your information very seriously. For further information about how we use information collected from you, please view our Privacy Policy.

Disclaimer: While The Alliance makes reasonable efforts to provide accurate information through this Web site, The Alliance cannot tailor all recommendations to your specific equipment, energy provider or facilities. It is each user’s responsibility to consult with their own energy provider, equipment manufacturer or other expert regarding any questions or concerns that they may have regarding any suggestions or information available through this Web site. All information is used by each user at their own risk. THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS." EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE ALLIANCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, THE ALLIANCE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. THE ALLIANCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL THE ALLIANCE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE ALLIANCE’S LIABILITY FOR ANY DIRECT DAMAGES EXCEED $100.

Indemnification: User agrees to defend, hold harmless and indemnify The Alliance and its business partners and affiliates, and each of them, against and from any and all third party claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorney’s fees and costs), arising out of or in any way connected with: (i) any breach by you of these Terms of Use or (ii) any claim based upon your ultimate use of the content available on this Web site.

Changes: All information posted on the Web site is subject to change without notice. In addition, these Terms of Use may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access of the Web site after such changes conclusively demonstrates your acceptance of those changes.

Severability: If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

Waiver; Remedies: The failure of The Alliance to partially or fully exercise any rights or the waiver of The Alliance of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by The Alliance or be deemed a waiver by The Alliance of any subsequent breach by you of the same or any other term of these Terms of Use. The rights and remedies of The Alliance under these Terms of Use and any other applicable agreement between you and The Alliance shall be cumulative, and the exercise of any such right or remedy shall not limit The Alliance's right to exercise any other right or remedy.

Questions: Should you have any questions regarding these Terms of Use you may contact us at info@ase.org.