Effective Date: August 10, 2011
Welcome to the Optimum Energy LLC (“Optimum Energy”, “we”, “us” or “our”) website (collectively, the “Site”). Optimum Energy provides energy optimization software applications, including online tools available from the Site. We offer this Site for your information and education. Use of and access to the Site is subject to your compliance with these terms of use (the “Terms”), so please read these Terms carefully before using the Site. Optimum Energy reserves the right to limit or terminate your access to the Site if you do not comply with these Terms.
By accessing and using the Site in any way, you agree to be bound by these Terms. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS, DO NOT USE THE SITE IN ANY MANNER. If you are using the Site on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf.
Changes in Terms
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so within the Site. Use of the Site after the effective date of a modification constitutes your acceptance of any modified Terms.
Privacy Statement
We care about the privacy of our users. Use of the Site is governed by our privacy statement.
Site Content
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), is the proprietary property of Optimum Energy, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part.
Subject to your compliance with all terms and conditions set forth in these Terms, and unless otherwise explicitly set forth in these Terms, you are granted a limited license to access and use the Site solely for your internal business and non-commercial use. You may not copy any Site Content to or post it on any networked computer or publish it in any medium, except as explicitly permitted by valid written permission or license from Optimum Energy covering such materials. This limited license also does not include any right to modify, distribute, prepare derivative works of, or grant sublicenses to any Site Content. Furthermore, in order to protect the trade secrets and proprietary know-how contained in certain Site Content, you will not decompile, disassemble, or reverse engineer any Site Content. This license is revocable at any time as to any Site Content without notice and with or without cause.
Your use of the Site must comply with all applicable federal, state, and local laws and regulations .You will not, and will not authorize any third party to (a) access, monitor, or copy any part of the Site using any robot, spider, scraper, or other automated means or any manual process, including phishing, for any purpose without our express written permission, (b) bypass or circumvent measures employed to prevent or limit access to the Site, (c) “frame,” “mirror,” or otherwise incorporate any part of the Site into any other website without our prior written authorization, (d) rent, lease, sublicense, or provide your access to the Site to another person, (e) use the Site in a manner that threatens the integrity, performance, or availability of the Site, (f) destroy, remove, alter, or obscure any proprietary markings or notices (including copyright, trade secret, trademark, and patent notices) on or contained in any portion of the Site, (g) engage in any deceptive, misleading, or unethical practices or (h) make any warranties or performance guarantees concerning any aspect of the Site or any other Optimum Energy software solution or service.
Optimum Energy, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Site Content. Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to any intellectual property or other proprietary rights, whether by estoppel, implication or otherwise.
The OptimumEnergy logo, OptimumHVAC, OptimumLOOP, OptimumTRAV and OptimumMVM are the registered and unregistered trademarks of Optimum Energy LLC. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by US and international trademark laws.
Tools and Data
The Site Content may include online software tools (“Tools”) that enable you to transmit and store certain materials and information (“Data”) to Optimum Energy. You may use the Tools solely to perform preliminary building energy efficiency assessments. You must not transmit or store Data via the Tools unless you have all necessary rights to do so. You must maintain the security of any logins, passwords, or other credentials that you select or that are provided to you to access the Tools. Please notify Optimum Energy immediately of any unauthorized use of your account or any other breach of security.
For any Data that you transmit, provide or store via a Tool, you (a) grant Optimum Energy and our subsidiaries and affiliates a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Data throughout the world in any media, for any purpose, (b) represent and warrant that you have the right to grant to Optimum Energy the license to that Data as set forth in these Terms and (c) represent and warrant that Optimum Energy’s use of the Data will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for Optimum Energy or for third parties. You remain solely responsible for any errors or omissions in your Data and any liability arising out of your Data or Optimum Energy’s failure to transmit or store your Data.
In connection with your use of any Tool you (i) will not, and will not authorize any third party to, transmit, provide or store any Data that Optimum Energy, in our sole discretion, deems inappropriate, unlawful, harmful (including without limitation viruses, corrupted data, or other harmful or destructive files), threatening, abusive, tortious, defamatory, invasive of another’s privacy, a violation of another’s intellectual property or other proprietary rights, or otherwise objectionable or inappropriate and (ii) conduct business in a manner that reflects favorably at all times on the good name, good will, and reputation of Optimum Energy.
Modifications to the Site
Optimum Energy does not provide you with the equipment to use the Site. You are responsible for all fees charged by third parties to access and use the Site (e.g., charges by ISPs or mobile carriers).
Optimum Energy reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. Optimum Energy will not be liable to you or to any third party for any modification, suspension, or discontinuance of any part of the Site.
No Support
Unless otherwise agreed by Optimum Energy in writing, Optimum Energy is not obligated to provide any support for the Tools or any other part of the Site.
Notice
Except as set forth herein, all notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Optimum Energy may broadcast notices or messages through the Site to inform you of changes to these Terms, the Site, or other matters of importance. Such broadcasts shall constitute notice to you.
Disclaimers
Optimum Energy is not responsible or liable in any manner for any third party content or products or services offered through, linked to or posted on the Site.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Optimum Energy assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Site. Under no circumstances will Optimum Energy be responsible for any loss or damage, including any loss or damage resulting from anyone’s use of the Site, any third party content or sites linked to or posted on or through the Site, or any interactions between users of the Site, whether online or offline.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- The Site and all Site Content included in the Site are provided “AS IS,” with no warranties whatsoever. Optimum Energy disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose.
- Optimum Energy makes no warranty or representation regarding (i) any Site Content, Data, third party content, product or service offered or sold through by any user or third party, (ii) the results that may be obtained from the use of the Site, (iii) the currency, accuracy, quality, content, completeness, legality, operability, availability or reliability of any information or products obtained through the Site, or (iv) the deletion, failure to store, mis-delivery, or untimely delivery of any information, products or material. Optimum Energy does not represent or warrant that the Site will meet any of your requirements or that it will be uninterrupted, timely, secure or error free.
- Use of the Site is at your sole risk. You will be solely responsible for any damage that results from your use of the Site.
Indemnification
You will indemnify and hold Optimum Energy and our subsidiaries, affiliates, officers, agents and employees harmless from any costs, damages, expenses, and liability (including reasonable attorney’s fees) caused by your use of the Site, your violation of these Terms, or your violation of any rights of a third party through use of the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL OPTIMUM ENERGY BE LIABLE TO YOU ON ACCOUNT OF (i) ANY DATA, (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE, OR (iii) YOUR INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THE SITE, THESE TERMS OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF OPTIMUM ENERGY OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF OPTIMUM ENERGY OR ITS OFFICERS, DIRECTORS, AND EMPLOYEES EXCEED $10. SUCH LIMITATION OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
Miscellaneous
Feedback. If you provide feedback to Optimum Energy regarding any aspect of the Site (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Optimum Energy to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Optimum Energy a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Links. Our Site may contain hyperlinks to websites owned and/or controlled by other parties. Access to any other website is at your own risk. Optimum Energy has not reviewed all of these third party sites and does not control and is not responsible for the accuracy or reliability of any information accessible from these websites.
Waiver and Severability of Terms. The failure of Optimum Energy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Optimum Energy. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Choice of Law and Forum. These Terms shall be governed by and construed in accordance with the laws of the State of Washington, excluding its conflict of law provisions. You and Optimum Energy agree to submit to the exclusive jurisdiction of the state and federal courts of King County, Washington.
Forward-Looking Statements. The information on this Site contains forward-looking statements about our business and prospects, such as statements concerning our ability to market, commercialize, and achieve market acceptance for our energy optimization solutions. Such statements are based on management’s current expectations and are subject to a number of risks, factors and uncertainties that may cause actual results, events and performance to differ materially from those referred to in the forward-looking statements. Consequently, no forward-looking statement can be guaranteed, and actual results may vary materially.
Entire Agreement. These Terms are the entire agreement between you and Optimum Energy regarding your use of the Site.
Contacting Optimum Energy. If you have any questions or concerns about these Terms or the Site, please send a thorough description by email to info@optimumenergyco.com.