Welcome and thank you for your interest in our Service (defined below), operated by Energy Think LLC (“we”, “us”, “our” or “Energy Think”)!
- BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION. - SECTION 2(C) CONTAINS IMPORTANT INFORMATION REGARDING OUR SUBSCRIPTION PLANS, WHICH AUTOMATICALLY RENEW AND REQUIRE PERIODIC AND NON-REFUNDABLE PAYMENTS UNTIL CANCELLED BY US OR YOU.
- THE ARBITRATION AGREEMENT SET FORTH IN SECTION 13 BELOW REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A JURY TRIAL.
We may amend the Terms by posting the amended version via the Site. You agree that the foregoing will constitute sufficient and effective notice. By continuing to use the Service after we post an amended version, you confirm your acceptance of the Terms as amended. If you do not agree with any of the changes, you must immediately stop using the Service.
2. Eligibility; User Accounts; Fees and Subscriptions.
a. Who Can Use Our Service
In order to use our Service, you need to be 18 years old or older and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. By agreeing to these Terms, you represent and warrant that you are not in violation of any of these eligibility requirements. In the event that a person under 18 years old desires to use our Service, we will consider their eligibility on a case-by-case basis and at minimum require their parent or guardian’s consent to the Terms.
b. User Accounts
To access certain content, programming, products, services, features or functionalities, you may need to create an Energy Think user account. You are responsible for all actions taken via your account, and you represent that you are a legal owner of, and that you are authorized to provide us with, your account registration information. You are responsible for safeguarding your login credentials. If you become aware of or suspect any unauthorized use of your account or unauthorized access to your login credentials, you must notify us immediately. You are also responsible for updating your account information.
c. Fees and Subscriptions
Subscription Plans: To access some components of our Service, you may be required to pay fees in accordance with an applicable subscription plan described on the Site or otherwise by us to you at the time you sign up for such plan (“Subscription Plan”). If we change the fees for all or part of the Service, including by adding fees or charges, we will provide you advance notice of those changes.
No Refunds: Payments are nonrefundable and there are no refunds or credits for partially used subscription periods. Following any cancellation, however, you will continue to have access to the relevant component of the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment: All fees are in U.S. dollars. We or our third-party payment processor will charge the payment method you specified at the time of purchase. You authorize us and them to charge all fees as described in these Terms and the applicable Subscription Plan to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the Service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Check with your payment method service provider for details.
Renewal and Cancellation: Your Subscription Plan will continue and automatically renew until cancelled. You must cancel your Subscription Plan before it renews in order to avoid being charged the next periodic subscription fee. We will bill the periodic subscription fee to the payment method you specified at the time of purchase (or to a different payment method if you change your payment information). You authorize us or our third-party payment processor to charge, periodically, on a going-forward basis, and until cancellation by you or us of the Subscription Plan, all accrued sums on or before the payment due date for the accrued sums. You may cancel a Subscription Plan by contacting us using the contact information provided at the end of the Terms or through your settings page for the paid feature.
4. Acceptable Use.
Our goal is to create a respectful, positive, and safe environment for our Service users. In order to promote this goal, we prohibit certain kinds of conduct with respect to the Service. We reserve the right to determine whether a user’s conduct violates these Terms, and to take action as we deem appropriate, which may include suspending or terminating a user’s license to access and use the Service and removing objectionable content. You may use the Service only for lawful purposes and in accordance with these Terms, and you agree not to use the Service: (a) in any way that violates any applicable federal, state, local or international law or regulation (including without limitation any laws regarding the export of data or software to and from the United States or other countries); (b) to knowingly send or upload false, inaccurate, misleading, libelous, defamatory, obscene, threatening, invasive, abusive, illegal, or otherwise objectionable communications; (c) to impersonate or attempt to impersonate any person or entity (including without limitation by using such person’s or entity’s identifiable information); (d) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (e) to transmit, or procure the sending of, any advertising or promotional material, including any “junk email,” “chain letter,” “spam,” or any other similar solicitation; (f) to violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights; or (g) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm any users of the Service or expose them to liability. Additionally, you agree not to: (I) use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service; (II) use any robot, spider or other automatic device, process or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (III) use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent; (IV) use any device, software or routine that interferes with the proper working of the Service; (V) introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful; (VI) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service; (VII) attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or (VIII) otherwise attempt to interfere with the proper working of the Service.
The Service and all rights, title, and interest therein are and shall remain the property of Energy Think or its licensors. This may include without limitation all content, materials, software, text, data, displays, images, titles, stories, dialogue, animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects, methods of operation, documentation, and moral rights. Except for the limited license granted below, neither these Terms nor your use of the Service convey or grant to you any rights in or related to the Service, or any right to use or reference Energy Think or its licensors’ names, representations and likenesses, trademarks, logos and designs, or product and service marks (collectively, "Protected Material"). Protected Material displayed in or via the Service is the property of Energy Think or its licensors. You may not remove, copy, or alter any Protected Material. Except as otherwise required by applicable law, any use, reproduction, distribution, modification, retransmission, or publication of any Protected Material is strictly prohibited without the express written consent of the owner of the Protected Material. All rights not expressly granted herein are reserved by Energy Think.
Subject to your acceptance of the Terms and your continued compliance with the Terms, we grant you a limited, non-transferable, non-exclusive license to access and use the Service for your own personal, non-commercial use. You may not copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Service or any component of it, except as expressly authorized by us. We reserve the right to withdraw or amend this Service, and any component of the Service, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Service and ensuring that all persons who access the Service through your internet connection are aware of these Terms and comply with them.
7. Not a Therapy or Medical or Similar Service or Legal Service; Reliance on Information Posted. You understand and agree that the Service and any information presented on or through the Service: (i) is not intended, designed or implied to diagnose, prevent or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care, therapy or similar services; and (ii) is not intended, designed or implied to provide or include legal advice, or to be a substitute for professional legal services.
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of its content. We may update the content included in the Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material presented on or through the Service may be out of date at any given time, and we are under no obligation to update such material.
8. Linking to Our Homepage.
You may link to our homepage (i.e., www.energythink.com), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior written consent. Subject to the foregoing, you shall not (i) establish a link from any site that is not owned by you, (ii) cause the Service or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, (iii) link to any part of the Service other than the homepage, or (iv) otherwise take any action with respect to the materials on the Service that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission in our sole discretion, without notice.
9. Links from the Service.
If the Service contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
10. User-Generated Content
To the extent that any content generated through your use of the Service (“User-Generated Content” or “UGC”) gives rise to any copyright interest, you hereby grant Energy Think an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your UGC in any way and for any purpose in connection with the Service and related activities, and to distribute your UGC without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Energy Think’s and other users’ use and enjoyment of such assets in connection with the Service and related activities under applicable law. The foregoing license grant to Energy Think, and the above waiver of any applicable moral rights, survives any termination of this license.
11. Geographic Restrictions.
Energy Think is based in the State of California in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. ENERGY THINK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR SERVICE OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON OR VIA THE SERVICE OR ON ANY SITE LINKED TO IT.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ENERGY THINK DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE SERVICE WILL BE OF A CERTAIN QUALITY OR SUITABILITY, OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ENERGY THINK WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER SIMILAR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENERGY THINK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY (AND ENERGY THINK’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ENERGY THINK IS TO STOP USING THE SERVICE.
TO THE EXTENT THAT ENERGY THINK MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT ITS LIABILITY AS SET FORTH HEREIN, THE SCOPE OF SUCH WARRANTY AND THE EXTENT OF ENERGY THINK’S LIABILITY WILL BE THE MINIMUM REQUIRED UNDER SUCH APPLICABLE LAW.
You agree to indemnify, defend, save and hold Energy Think, its officers, directors, contractors, employees, agents, licensors and partners (each an “Energy Think Entity”) harmless from and against any and all claims, losses, damages and liabilities, including legal fees and expenses, arising out of or relating to: (i) your use of the Service; (ii) any breach or violation of these Terms; or (iii) your UGC. You are solely responsible for defending any claim against an Energy Think Entity, subject to such Energy Think Entity’s right to participate with counsel of its own choosing, at its own expense. You are solely responsible for payment of all judgments, settlements, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, resulting from all claims against an Energy Think Entity, provided that you will not agree to any settlement that imposes any obligation or liability on an Energy Think Entity without its prior express written consent. If we assume the defense of any claim, you agree to cooperate with our defense of such claims.
14. DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION AND JURY TRIAL WAIVER.
Most disputes that arise out of the use of the Service can be resolved quickly, informally, and with mutual satisfaction by reaching out to us at firstname.lastname@example.org. You are solely responsible for your interactions with other users. Energy Think reserves the right, but has no obligation, to become involved in any way with disputes between you and other users.
Disputes between you and Energy Think that cannot be resolved informally are subject to the subsequent paragraphs:
CLASS ACTION AND JURY TRIAL WAIVERS. BY ENTERING INTO THE TERMS, YOU AND ENERGY THINK EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND ENERGY THINK AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR ANY OTHER PERSONS.
Arbitration Agreement: You and Energy Think agree to submit any dispute concerning the Service or Terms that cannot be resolved informally to final and binding arbitration, to be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) then in effect, provided, however, that you and Energy Think each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's intellectual property rights. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Agreement shall continue to apply. You and Energy Think empower the Arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any dispute and any claim that all or any part of the Terms are void or voidable. If any part of this Arbitration Agreement, other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void. The parties acknowledge and agree that this Arbitration Agreement evidences a transaction involving interstate commerce, that the Federal Arbitration Act (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto, and that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Los Angeles County, California, or in another jurisdiction to which you and Energy Think agree in writing. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. You and Energy Think agree to submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
15. Claims of Copyright Infringement and the DMCA.
We respect the intellectual property of others, and ask that users of the Site do the same. We may remove infringing materials and may terminate the license to use the Site for users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is unlawfully infringing the copyright(s) in a work via the Site, and wish to have the allegedly infringing material removed, please provide the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) to our designated Copyright Agent:
a. your physical or electronic signature;
b. identification of the copyrighted work(s) that you claim to have been infringed;
c. identification of the material on our services that you claim is infringing and that you request us to remove;
d. sufficient information to permit us to locate such material;
e. your address, telephone number, and email address;
f. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
g. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
Energy Think’s designated Copyright Agent is:
Pierce Atwood LLP, 254 Commercial Street, Portland, Maine 04101
a. Term and Termination. We reserve the right to condition a user’s license to access and use the Service on that user’s compliance with these Terms. We also reserve the right to terminate a user’s license to access and use the Service, at any time, at our sole discretion. You may terminate these Terms by discontinuing your use of the Service. Notwithstanding such a termination, the rights and obligations of the parties set forth in Sections 2, 3, 5, 10, 12, 13, 14 and 16, and any right or obligation of the parties in these Terms which, by its express terms or nature and context is intended to survive termination of these Terms, will survive any such termination. You will continue to be liable for all your activities during the time you used the Service.
b. Severability. You and Energy Think agree that, except as otherwise expressly provided herein, if any portion of these Terms is found unlawful or unenforceable, in whole or in part, that provision will be ineffective only to the extent of such finding and as to such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which will be enforced to the fullest extent of applicable law.
c.Choice of Law; Venue. You and Energy Think agree that any action at law or in equity or other dispute of any nature that might arise between you and Energy Think concerning the Service or Terms that is not subject to the arbitration clause in Section 14 shall be governed by the laws of state of California, without giving effect to its conflict or choice of laws principles, and that any such action shall be filed, and that venue properly lies, only in the state and federal courts located in Los Angeles County, California, and you and Energy Think expressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action.
d. Assignment. We may assign our rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your approval. You may not assign any of the rights or obligations you have under these Terms without our prior written approval. Any such assignment without our prior written approval is ineffective and in violation of these Terms.
e. Entire Agreement. These Terms, including any additional policies referenced in the Terms, are the entire agreement between you and Energy Think. They supersede all prior and/or contemporaneous understandings, regardless of the medium (oral, written, or electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.
f. No Waiver. Our failure to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing.
g. Notices to Energy Think. All notices given by you or required from you under these Terms must be in writing and addressed to us at the address set forth below in the Contact Information section below. Any notices that you provide without compliance with this section will have no legal effect.
h. Contact Information. If you have questions, complaints, or claims with respect to the Terms, please direct such communications to: email@example.com or Energy Think LLC, 603 Ocean Avenue, Suite 2C, Santa Monica, CA 90402.