Last Updated June 1, 2018
- User Eligibility
The Website is provided by simuwatt, Inc. and/or its affiliates (collectively, the “Company”) and is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.
- Information, News, and Press Releases
The Website may contain information, news, and/or press releases about the Company. While this information was believed to be accurate as of the date it was prepared, the Company disclaims any representation or warranty as to the reliability, accuracy, completeness or timeliness of and any duty or obligation to update this information, news, or any press releases. Information about companies other than the Company contained in the news, press releases, or otherwise should not be relied upon as being provided or endorsed by the Company.
- No Warranties
ALL CONTENT ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, ALL INFORMATION, NEWS, PRESS RELEASES, SOFTWARE, ANALYTICS, ENERGY USE AUDITING OR ENERGY REPORTING TOOLS (COLLECTIVELY, “CONTENT”), IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.
- Limitation of Liability
THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
simuwatt, is the Company’s proprietary trademark. Unauthorized use of the Company’s trademark(s), service mark(s) or logo(s) may be a violation of federal and state trademark laws.
- License and Ownership.
The Company grants You a limited, personal, nontransferable, nonsublicensable, revocable license to access and use the Website, Content and Services only in the manner presented by the Company. Except for this limited license, the Company does not convey any interest in or to the Content, Services, Website or any other Company property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Company. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by the Company.
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and we cannot guarantee that any personal information You submit to us will be free from unauthorized third-party intrusion. You understand and agree that all information You submit to the Company is done so at Your own risk.
- Restrictions on Use of the Website.
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not provide false contact information, impersonate any person or entity, or otherwise mislead the Company as to the origin or accuracy of the information provided by You, including all energy reporting.
(d) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by the Company.
(e) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Content, or that infringes the Intellectual Property rights of another.
(f) You may not use or access the Website or the Company’s Services in any way that, in the Company’s judgment, adversely affects the performance or function of the Services or the Website or interferes with the ability of authorized parties to access the Services or the Website.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Website without the express written consent of the Company.
(b) Inbound Links. Any website or other device that links to www.simuwatt.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that the Company or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with the Company or any of its affiliates, (e) presenting false information about the Company products or services, and (f) using any logo or mark of the Company or any of its affiliates without express written permission from the Company.
You agree that the Company, in its sole discretion, may terminate or suspend Your use of the Website, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content.
- Compliance with Law Including Export Control.
You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company and shall take no actions which would cause the Company to be in violation of any laws, rulings or regulations application to the Company.
The Company and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
- Governing Law and Language.
- Written Document.
- Complete Agreement.
- No Offer to Buy/Sell.
Nothing on this site shall be considered a solicitation to buy or an offer to sell any securities, futures, options or other financial instruments or provide any investment advice or service.
The Website is operated by the Company from its offices in the State of Colorado. The Company makes no representation that the information in the Website is appropriate or available for use in other locations, and access to the Website from territories where the content of the Website may be illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
- Violations and Additional Policies.
- Referral-Partner Program Policy.
If You elect to have your information provided to one or more of our Referral Partners or elect to be contacted by one or more of our Referral Partners, then you will be deemed to have opted into the simuwatt Referral-Partner program (the “Program”). The following terms and conditions govern Your participation in the Program:
If You have opted into the Program, then You have provided the Company with Your name, address, email address, and level of energy consumption and consented to the Company’s dissemination of Your personal information to one of the Company’s non-regulated third-party referral partners (each, a “Referral Partner”). Shortly thereafter, one or more of our Referral Partners will contact You to discuss Your energy consumption and services that may be offered by the Referral Partner. No contractual arrangement is created based upon the quotes provided to you from the Referral Partner (or the scheduling of an appointment with a Referral Partner via the website). To contract with a Referral Partner, you must work directly with the Referral Partner. The Company does not perform, and is not responsible for, any of the services requested by you in opting into the Program. Your rights under contracts you enter into with a Referral Partner are governed by the terms of such contracts and by applicable federal, state, provincial, and local laws. The Company is not a party to such agreements. All payments and applicable taxes must be made to the Referral Partners in accordance with such agreements.
You may at any time terminate [or limit] any consent previously provided that authorizes a Referral Partner from accessing or using Your personal information, or contacting You directly by sending a request to us via email at (email@example.com), fax at ([______________]), or mail at 1100 Spruce St., Ste. 200, Boulder, Colorado 80302.
THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE REFERRAL-PARTNER PROGRAM, OR A REFERRAL PARTNER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY ADVICE OR INFORMATION RECEIVED FROM A REFERRAL PARTNER, OR ACTIONS TAKEN IN RELIANCE THEREON. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALIFICATIONS OF THE REFERRAL PARTNERS. THE COMPANY DOES NOT ENDORSE OR RECOMMENT THE SERVICES OF THE REFERRAL PARTNERS.
YOU HEREBY RELEASE THE COMPANY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARIDING OUT OF OR IN ANY WAY CONNECTED WITH YOUR DEALINGS WITH A REFERRAL PARTNER.
The Company does not independently verify each Referral Partner’s credentials, or their representations regarding their services, nor does it validate any reviews. It is entirely up to You to evaluate the Referral Partner and his, her or its qualifications, and to enter into a direct contract or otherwise reach an agreement with a Referral Partner. The Referral Partners are not employees or agents of the Company.
- Copyright Policy
If You believe that Your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes Your copyright rights, You may notify the Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) 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 the Company, or its third party service providers, to locate the material;
(d) Information reasonably sufficient to permit the Company, or its third party service providers, 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;
(e) 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
(f) 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.
Phone Number: [__________]
Fax Number: [__________]
Email address: [firstname.lastname@example.org]
Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to. For communications on other matters, please email: email@example.com.