UPDATED AUGUST 31, 2021
1. Permitted Use of The Site
2. Prohibited Use of The Site
By accessing the Site, you agree that you will not:
Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in a manner that sends more request messages to the Encentiv Energy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
Use the Site in any manner that damages, disables, overburdens, or impairs any Encentiv Energy website or interferes with any other party’s use and enjoyment of the Site;
Mirror or frame the Site or any part of it on any other web site or web page;
Attempt to gain unauthorized access to the Site;
Access the Site by any means other than through the interface that is provided by Encentiv Energy for use in accessing the Site;
Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.
Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
If you have chosen to purchase a subscription, then your subscription will continue and automatically renew until terminated. To subscribe, you must provide us with a valid credit card, as you may update from time to time. You may cancel your subscription at any time, but you must cancel your subscription before it renews to avoid paying the subscription fee for the next billing cycle. [The first date of your billing cycle is indicated on your “Account” page.] Subscription fees are fully earned upon payment. If your credit card cannot be successfully charged, you remain responsible for the subscription fee, and we reserve the right to suspend or cancel your subscription until you provide a valid credit card and pay all amounts due on your account. You may update your credit card at any time by going to your “Account” page. If you cancel your subscription, you will continue to have access to the Site through the end of your current billing cycle, and your subscription will automatically close at the end of your then current billing cycle. No refunds or credits will be made for partially used subscription periods.
We reserve the right to change our subscription price or adjust the services provided on the Site in any manner and at any time as we may determine in our sole and absolute discretion.
Payments are nonrefundable.
4. Passwords and Account Access.
The subscriber who created the UtilityGenius account and whose credit card is charged is responsible for any activity that occurs through its UtilityGenius account. To maintain control over the account and to prevent anyone from accessing the account (which could include information on viewing history for the account), the subscriber should not reveal the password associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold to protect you, Encentiv Energy or our partners from identity theft or other fraudulent activity. You are not authorized to share your account password or to allow anyone other than the subscriber to access the Site through your account. Failure to comply with this obligation may lead to an immediate suspension or termination of your subscription.
5. Copyrights and Trademarks
The Site is based upon proprietary Encentiv Energy technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Encentiv Energy or its licensors (if any). Encentiv Energy owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Encentiv Energy, the Encentiv Energy logos, UtilityGenius, the UtilityGenius logos and other marks used by Encentiv Energy from time to time are trademarks and the property of Encentiv Energy. The appearance, layout, color scheme, and design of the EncentivEnergy.com and UtilityGenius.com sites are protected trade dress. Customer does not receive any right or license to use the foregoing. Encentiv Energy may use and incorporate into the Site or the UtilityGenius Service any suggestions or other feedback you provide, without payment or condition.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to Encentiv Energy’s designated Copyright Agent. See the Claims of Copyright Infringement instructions below.
6. Information and Materials You Post or Provide
7. Links to Third-Party Web Sites
8. Downloading Files
Encentiv Energy cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
9. Disclaimers; Limitations of Liability
ENCENTIV ENERGY AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENCENTIV ENERGY AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ENCENTIV ENERGY IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
ENCENTIV ENERGY DOES NOT GUARANTEE THE AVAILABILITY OR PAYMENT OF ANY REBATE. YOU UNDERSTAND THAT THE APPLICABLE UTILITY AND/OR ITS ADMINISTRATOR IS RESPONSIBLE FOR ITS REBATE PROGRAM AND DETERMINING ELIGIBILITY FOR REBATES AND THAT ENCENTIV ENERGY IS NOT RESPONSIBLE IF A REBATE IS DENIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENCENTIV ENERGY AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF ENCENTIV ENERGY OR ANY OF ENCENTIV ENERGY’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, ENCENTIV ENERGY IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF ENCENTIV ENERGY AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
12. Additional Terms of Service
13. General Provisions
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Encentiv Energy therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Encentiv Energy does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
14. Intellectual Property
a. If it’s not yours, please don’t take or abuse it. All right, title and interest in and to the trademarks and copyrights contained on the Sites, and to the other content included on the Sites, including, without limitation, text, graphics, logos, buttons, button icons, images, audio and video clips, digital downloads, and data compilations, are the property of Encentiv Energy, or the property of a third party that has licensed its content to Encentiv Energy.
b. You may use the information contained on our Sites for the purpose for which it was intended. You may not reproduce, redistribute or otherwise use any materials without the express written consent of Encentiv Energy. You may enjoy the materials on the Sites and use them for your personal information and in the non-commercial manner for which they were intended. All rights not expressly granted are reserved. The Encentiv Energy trademarks and trade dress may not be used in connection with any product or service that is not part of Encentiv Energy.
c. If it’s not yours, please don’t modify it. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way. You agree to indemnify, defend and hold harmless Encentiv Energy for any and all unauthorized uses you may make of any material on the Sites.
d. If it is yours and you uploaded it, it’s still yours, but by putting it on our Sites, you agree to let us use all or part of it (be it text, videos, photos, comments etc.) for marketing purposes.
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