In connection with use of the Site, you represent and warrant that you:
- will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
- will not submit any Content that may be considered by CEPB to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
- will not impersonate, or attempt to impersonate, any other person or entity, falsify contact information, misrepresent a relationship with any person or entity, or otherwise attempt to mislead others as to the identity or affiliation of the creator of a Vendor profile, review, or rating;
- will not upload, post, email, transmit or otherwise make available any Content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate marketing” or any other form of solicitation;
- will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- will not stalk, harass, defame, or libel any person or entity; and
- will not interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
You may have the opportunity to order or receive goods/services through links on the Site or by contacting Vendors directly. All goods/services are provided by Vendors pursuant to agreements, licenses or other arrangements between that Vendor and you. All aspects of your transactions regarding goods/services with Vendors, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any goods/services should be directed to that Vendor. CEPB and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the goods/services ordered through the Site or from any action or inaction of any Vendor.
Termination of Access
Copyright and Trademarks
The content of the Site, including, without limitation, text, graphics, images and other material, including software developed and licensed by us, which permits the access and use of the Site, is protected by intellectual property laws, including copyright laws. All right, title and interest in and to the Site and its content remains vested in us and shall not pass to you or any other user.
The trade names, trademarks, service marks, logos, and slogans contained in the Site are the trade names, trademarks, service marks, logos and slogans of CEPB and/or its subsidiaries and affiliates (each a “Mark” and collectively the “Marks”). You are not authorized to use any Mark in any advertisement, publicity or in any other commercial manner without our prior written consent.
The trade names, trademarks, service marks, logos and slogans contained in the Site that are not our Marks are the trade names, trademarks, service marks, logos and slogans of their respective owners. References that we make to any specific trade name, trademark, service mark, product, service or process of a third party do not necessarily constitute or imply our endorsement, sponsorship or recommendation of the third party trade name, trademark, service mark, product, service or process, unless otherwise explicitly provided.
Intellectual Property Infringement Claims
It is the policy of CEPB to respond expeditiously to claims of intellectual property infringement. CEPB will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, CEPB will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Please direct any notices of claimed intellectual property infringement to the addresses or telephone number below:
Clean Energy Project Builder
15 3rd Avenue NW
Hutchinson, MN 55350
ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THROUGH THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CEPB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TRUTH, ACCURACY OR COMPLETENESS OF ANY STATEMENTS, INFORMATION OR MATERIAL CONTAINED ON THE SITE.
Limitation of Liability
CEPB WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE, LOSS OF USE OF THE SITE OR OF ANY EXECUTABLE PROGRAMS, DELAYS IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, UNDELIVERED EMAIL MESSAGES, LOSS OF USE OF DATA OR EQUIPMENT, OR OTHER SIMILAR DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR SITE, EVEN IF CEPB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CEPB reserves the right to change these Terms at any time. You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change constitutes your acceptance of such changes. This Agreement shall be governed by, and construed in accordance with, the laws of the state of Minnesota, without regard to such state’s choice of law provisions. Actions or proceedings litigated in connection with this Agreement, if any, shall be venued exclusively in the state and federal courts located in Minneapolis, Minnesota.
Vendor Profile Submission Agreement
To post a Vendor profile on the Site, you must acknowledge and agree that:
- you are authorized to post a Vendor profile on the Site;
- you have accurately and truthfully completed all the required fields on the Vendor profile information page; and
Effective Date: January 1, 2010
Personal information includes your name, email address, or other individually identifiable information. We collect personal information at this site only when you supply it to us, such as when you register for an account, send us an email or submit a posting.
We may use and disclose your personal information for the following purposes:
- To our employees and contractors who provide services to you;
- To organizations that perform services for us or on our behalf, including, without limitation, to provide customer service; to conduct research, marketing, or data processing; or to provide marketing and promotional services, to the extent that information is necessary;
- To protect the site and our rights; to protect ourselves against liability or prevent fraudulent activity; or, where necessary, to permit us to pursue available remedies or limit any damages that we may sustain;
- In connection with the sale, merger, spin-off, or other corporate reorganization, where the information is provided to the new controlling entity in the regular course of business;
- If required to comply with a subpoena, warrant, or an order made by a court, person or body with jurisdiction to compel the production of information, or to comply with the rules or court relating to the production of records; and
- If we believe in good faith that a law, regulation, rule or guideline requires it.
We maintain a variety of physical, electronic and procedure safeguards designed to protect your personal information and prevent unauthorized access.
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