TERMS OF USE
This Internet site is owned or managed by the Presidential Forum on Renewable Energy (the "PFRE"). This Terms of Service Agreement (the "TOS") sets forth the PFRE's policies with respect to its operation of this Internet site (the "Site").
Please read the TOS carefully before using this Site. Your use of this Site, including but not limited to any services offered by this and/or other Sites (each a "Service," and collectively "Services"), constitutes your acceptance to be bound by the TOS without limitation, qualification or change. The PFRE provides this Site and related Services for your personal non-commercial use only and subject to your compliance with the TOS. If at any time you do not accept all the terms and conditions of the TOS, you must immediately discontinue use of this Site.
YOU MAY NOT USE ANY SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT. YOUR ACCESS TO ANY SITE MAY BE TERMINATED IMMEDIATELY IN THE PFRE'S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT, OR FOR ANY OTHER REASON, OR NO REASON.
Changes to the TOS
The TOS is effective as of August 9, 2007. The PFRE reserves the right, in its sole discretion, to modify, alter, or otherwise change the TOS at any time. The PFRE will provide notice of such change on this Site. Please review the TOS periodically for changes. Your continued use of the Site and/or Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Site and/or the Service to which the changes may apply.
Privacy and Protection of Personal Information
The PFRE has developed an Internet Privacy Policy (the "Privacy Policy") in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Privacy Policy by clicking here [Insert Link].
Accounts, Security, Passwords
If this Site or a particular Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify the PFRE immediately of any unauthorized use of your account. The PFRE is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
DISCLAIMER OF WARRANTIES
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS SITE AND/OR SERVICE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE OR SERVICE ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. THE PFRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PFRE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. THE PFRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. THE PFRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
THE PFRE IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This Site may contain links to Web sites operated by third parties. The PFRE does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third-party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply the PFRE's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.
Software Available Through the PFRE Site
Any software that is made available to view and/or download in connection with a Service ("Software") is owned or controlled by the PFRE and/or its licensors and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. The PFRE accepts no responsibility or liability in connection with any Software owned or controlled by third parties.
Modification/Termination by the PFRE
The PFRE reserves the right, in its sole discretion, to modify, suspend, or terminate this Site and/or any portion thereof, including any Service, and/or your account, password, or use of any Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a Service removes your authorization to use the Service. In the event of termination, you will still be bound by your obligations under the TOS, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, the PFRE shall not be liable to you or any third party for any termination of your access to a Service.
Contests
For additional terms applying to all contests conducted by this Site, refer to this Site's contest information.
Limitations on Liability
In no event shall the PFRE, its licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Site and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Site; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Site or any information, software, products, services, and related graphics obtained through the Site; (vi) any transactions entered into through the Site; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the Site or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Site and Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if the PFRE has been advised of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless the PFRE, its licensors and agents, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of the TOS or any warranty you provide herein, or otherwise arising in any way out of your use of this Site and any related Service and/or software. The PFRE reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with the PFRE in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this Site by certain persons in certain countries may not be lawful, and the PFRE makes no representation that materials on this Site are appropriate or available for use in locations outside the United States. If you choose to access this Site from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The United States controls the export of any software downloadable from this Site. No software or any other materials associated with this Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
Intellectual Property
The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, PFRE logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by the PFRE or by other parties that have provided rights thereto to the PFRE.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Site, in whole or in part, without the express written permission of the PFRE.
Other trademarks, service marks, trade names or logos appearing on this Site that are not owned by the PFRE may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, Web sites may not hyperlink to any page beyond the homepage of this Site, or frame this Site, or any Web page or material herein, nor may any entity include a hyperlink to any aspect of the Site in an email for commercial purposes, without the express written permission of the PFRE.
You may inquire about obtaining permission by writing:
The Presidential Forum on Renewable Energy - 11 West 42nd St. 14th Floor – New York, NY 10036 - Fax: 212-763-2988
Copyright Infringement
The PFRE respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this Site, you are granting permission to have this material posted on this Site, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. The PFRE reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights the PFRE may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached as follows:
By mail:
The Presidential Forum on Renewable Energy - 11 West 42nd St. 14th Floor – New York, NY 10036
By Facsimile: 212-763-2988
By Email: info@2008energyforum.org
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
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 at a single online site are covered by a single notification, a representative list of such works at that site.
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 PFRE to locate the material.
Information reasonably sufficient to permit the PFRE to contact the complaining party, such as an address, telephone number, and, if available, an email address.
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.
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.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Limited to Personal and Non-Commercial Use
Access to and use of the Site and Services is solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property obtained from the Site or any Service without the PFRE's prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing:
The Presidential Forum on Renewable Energy - 11 West 42nd St. 14th Floor – New York, NY 10036 - Fax: 212-763-2988
General Provisions
If any provision of the TOS, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of the TOS shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of the TOS shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, the TOS is the entire agreement between you and the PFRE with respect to the use of this Site and shall not be modified except in writing, signed by an authorized representative of the PFRE.
If you have any questions concerning the TOS, you may send them by email to: info@2008energyforum.org. You must send any official correspondence via postal mail to:
The Presidential Forum on Renewable Energy - 11 West 42nd St. 14th Floor – New York, NY 10036
European Union and Other Foreign Nations
The Site and Services are governed by and operated in accordance with the laws of United States of America and are intended for enjoyment of residents of the United States. The PFRE makes no representation that the Site and Services are governed by or operated in accordance with the laws of any other nation. By using this Site or any Service, visitors from outside of the United States acknowledge that this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws. You also represent and warrant that it is legal for you to use this Site and Service in the community within which you reside.
Changes to the TOS
The PFRE reserves the right to update or modify the TOS, at any time and without prior notice, by posting the revised version of the TOS on the Site. If we modify the TOS, the modifications will only apply to your use of the Site or applicable Service after we have posted the revised TOS on the Site.
