PRIVACY POLICY

 

TERMS OF USE AGREEMENT

 

CitizensForAffordableEnergy.org is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with fellow citizens. The services offered by CitizensForAffordableEnergy.org ('CitizensForAffordableEnergy.org' or 'we') include the CitizensForAffordableEnergy.org website (the 'Citizens For Affordable Energy Website') and any other features, content, or applications offered from time to time by CitizensForAffordableEnergy.org in connection with the Citizens For Affordable Energy Website (collectively, the 'Citizens For Affordable Energy Services'). The Citizens For Affordable Energy Services are hosted in the United States, however, CitizensForAffordableEnergy.org, reserves the right, at any time, to host its Services outside of the United States without prior notice to or consent of its users.

 

This Terms of Use Agreement ('Agreement') sets forth the legally binding terms for your use of the Citizens For Affordable Energy Services. By using the Citizens For Affordable Energy Services, you agree to be bound by this Agreement, whether you are a 'isitor' (which means that you simply browse the Citizens For Affordable Energy Website, but have not registered with the site) or you are a 'Member' (which means that you have registered with CitizensForAffordableEnergy.org). The term 'User' refers to a Visitor or a Member. You are only authorized to use the Citizens For Affordable Energy Services (regardless of whether your access or use is intended or not) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with this Agreement, you should leave the Citizens For Affordable Energy Website and discontinue use of the Citizens For Affordable Energy Services immediately. If you wish to become a Member, communicate with other Members and make use of the Citizens For Affordable Energy Services, you must read this Agreement and indicate your acceptance during the Registration process.

 

This Agreement includes CitizensForAffordableEnergy.org's policy for acceptable use of the Citizens For Affordable Energy Services and Content posted on the Citizens For Affordable Energy Website, your rights, obligations and restrictions regarding your use of the Citizens For Affordable Energy Services and CitizensForAffordableEnergy.org's Privacy Policy. In order to participate in certain Citizens For Affordable Energy Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Citizens For Affordable Energy Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: contact@cfaenergy.org

 

TERMS OF USE

 

CitizensForAffordableEnergy.org may, without prior notice to or consent of its Users, modify this Agreement from time to time, and such modification shall be effective upon posting by CitizensForAffordableEnergy.org on the Citizens For Affordable Energy Website. You agree to be bound to any changes to this Agreement when you use the Citizens For Affordable Energy Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

 

Please choose carefully the information you post on CitizensForAffordableEnergy.org and that you provide to other Users. Your CitizensForAffordableEnergy.org member pages may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit, illegal activity or otherwise objectionable subject matter. Despite this prohibition, information provided by other CitizensForAffordableEnergy.org Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive, illegal or sexually explicit material, products or services, and CitizensForAffordableEnergy.org assumes no responsibility or liability for this material. If you become aware of misuse of the Citizens For Affordable Energy Services by any person, please contact Citizens For Affordable Energy or click on the 'Report Inappropriate Content' link at the bottom of any CitizensForAffordableEnergy.org page.

 

CitizensForAffordableEnergy.org reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Citizens For Affordable Energy Services at any time, for any or no reason, with or without prior notice, and without liability. Additionaly, Citizens For Affordable Energy expressly reserves the right to immediately remove your profile and/or restrict, suspend, or terminate your access to any part of Citizens For Affordable Energy Services if Citizens For Affordable Energy determines, in its sole discretion, that you have violated, in any way, this Agreement or that you pose a threat to Citizens For Affordable Energy and/or its Users.

 

1. Eligibility. Use of and Membership in the Citizens For Affordable Energy Services is void where prohibited. By using the Citizens For Affordable Energy Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) if you are a minor as defined by your state, that you have parental permission to use Citizens For Affordable Energy Services and (d) your use of the Citizens For Affordable Energy Services does not violate any applicable law or regulation.

 

2. Term. This Agreement shall remain in full force and effect while you use the Citizens For Affordable Energy Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. CitizensForAffordableEnergy.org may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

 

3. Fees. You acknowledge that CitizensForAffordableEnergy.org reserves the right to charge for the Citizens For Affordable Energy Services and to change its fees from time to time without prior notice or consent.

 

4. NON REFUNDIBILITY OF FEES. IF CitizensForAffordableEnergy.org TERMINATES YOUR MEMBERSHIP BECAUSE YOU HAVE BREACHED THE AGREEMENT, YOU SHALL NOT BE ENTITLED TO THE REFUND OF ANY UNUSED PORTION OF SUBSCRIPTION FEES.

 

5. Password. When you sign up to become a Member, you will also be asked to choose a password. You are soley and entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify CitizensForAffordableEnergy.org immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 

6. Non-commercial Use by Members. The Citizens For Affordable Energy Services are for the personal use of Members only and may not be used in connection with any commercial unless specifically endorsed or approved by CitizensForAffordableEnergy.org. Illegal and/or unauthorized use of the Citizens For Affordable Energy Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Citizens For Affordable Energy Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Citizens For Affordable Energy Services.

 

7. Proprietary Rights in Content on CitizensForAffordableEnergy.org.

 

 1. CitizensForAffordableEnergy.org does not claim or exercise any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Citizens For Affordable Energy Services. After posting your Content to the Citizens For Affordable Energy Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way consistent with this Agreement. By displaying or publishing ("posting") any Content on or through the Citizens For Affordable Energy Services, you hereby grant to CitizensForAffordableEnergy.org a non-exclusive, limited and royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Citizens For Affordable Energy Services. Without this license, CitizensForAffordableEnergy.org would be unable to provide the Citizens For Affordable Energy Services. For example, without the right to modify Member Content, CitizensForAffordableEnergy.org would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, CitizensForAffordableEnergy.org could not allow Users to listen to music posted by Members. The license you grant to CitizensForAffordableEnergy.org is non-exclusive (meaning you are free to license your Content to anyone else in addition to CitizensForAffordableEnergy.org), fully-paid and royalty-free (meaning that CitizensForAffordableEnergy.org is not required to pay you for the use on the Citizens For Affordable Energy Services of the Content that you post), sub licensable (so that CitizensForAffordableEnergy.org is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Citizens For Affordable Energy Services), and worldwide (because the Internet and the Citizens For Affordable Energy Services are global in reach). This license will terminate at the time you remove your Content from the Citizens For Affordable Energy Services. The license does not grant CitizensForAffordableEnergy.org the right to sell your Content, nor does the license grant CitizensForAffordableEnergy.org the right to distribute your Content outside of the Citizens For Affordable Energy Services.

2. You represent and warrant that: (i) you own the Content posted by you on or through the Citizens For Affordable Energy Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Citizens For Affordable Energy Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Citizens For Affordable Energy Services.

3. The Citizens For Affordable Energy Services contain Content of CitizensForAffordableEnergy.org ("CitizensForAffordableEnergy.org Content"). CitizensForAffordableEnergy.org Content is protected by copyright, trademark, patent, trade secret and other laws, and CitizensForAffordableEnergy.org owns and retains all rights in the CitizensForAffordableEnergy.org Content and the Citizens For Affordable Energy Services. CitizensForAffordableEnergy.org hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the CitizensForAffordableEnergy.org Content (excluding any software code) solely for your personal use in connection with viewing the Citizens For Affordable Energy Website and using the Citizens For Affordable Energy Services.

4. The Citizens For Affordable Energy Services contain Content of Users and other CitizensForAffordableEnergy.org licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Citizens For Affordable Energy Services.

8. Content Posted.

 

1. CitizensForAffordableEnergy.org may delete any Content that in the sole judgment of CitizensForAffordableEnergy.org violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. CitizensForAffordableEnergy.org assumes no responsibility for monitoring the Citizens For Affordable Energy Services for inappropriate Content or conduct. CitizensForAffordableEnergy.org may, at any time, chooses in its sole discretion, to monitor the Citizens For Affordable Energy Services; CitizensForAffordableEnergy.org, nonetheless, assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

2. You are solely responsible for the Content that you post on or through any of the Citizens For Affordable Energy Services, and any material or information that you transmit to other Members and for your interactions with other Users. CitizensForAffordableEnergy.org does not endorse and has no control over the Content. Content may not be reviewed by CitizensForAffordableEnergy.org prior to posting and does not reflect the opinions or policies of CitizensForAffordableEnergy.org. CitizensForAffordableEnergy.org makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

9. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Citizens For Affordable Energy Services. CitizensForAffordableEnergy.org reserves the right to investigate and take appropriate legal action against anyone who, in CitizensForAffordableEnergy.org sole discretion, violates this provision, including without limitation, removing the offending communication from the Citizens For Affordable Energy Services, terminating the Membership of such violators, and reporting any illegal or improper activity to the appropriate authorities. Prohibited Content includes, but is not limited to Content that, in the sole discretion of CitizensForAffordableEnergy.org:

 

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5. solicits personal information from anyone under 18;

6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9. involves the transmission of 'junk mail,' 'chain letters,' or unsolicited mass mailing, instant messaging, 'spimming', or 'spamming';

10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

13.nvolves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

14. includes a photograph of another person that you have posted without that person's consent; or

15. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

16. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

17. advertising to, or solicitation of, any Member to buy or sell any products or services through the Citizens For Affordable Energy Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Citizens For Affordable Energy Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, CitizensForAffordableEnergy.org reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which CitizensForAffordableEnergy.org deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Citizens For Affordable Energy Services, you acknowledge that you will have caused substantial harm to CitizensForAffordableEnergy.org, but that the amount of such harm would be impossible to ascertain. As a reasonable estimation of such harm, you agree to pay CitizensForAffordableEnergy.org $50 for each such unsolicited email or other unsolicited communication you send through the Citizens For Affordable Energy Services;

18. covering or obscuring the banner advertisements on your personal profile page, or any CitizensForAffordableEnergy.org page via HTML/CSS or any other means;

19. any automated use of the system, such as using scripts to add friends or send comments or messages;

20. interfering with, disrupting, or creating an undue burden on the Citizens For Affordable Energy Services or the networks or services connected to the Citizens For Affordable Energy Services;

21. attempting to impersonate another Member or person;

22. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

23. selling or otherwise transferring your profile;

24. using any information obtained from the Citizens For Affordable Energy Services in order to harass, abuse, or harm another person;

25. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Citizens For Affordable Energy Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or 26. using the Citizens For Affordable Energy Services in a manner inconsistent with any and all applicable laws and regulations.

10. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of CitizensForAffordableEnergy.org to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of proper notification to CitizensForAffordableEnergy.org by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Citizens For Affordable Energy Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Citizens For Affordable Energy Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a sworn and notorized statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

CitizensForAffordableEnergy.org's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, OutDoorSite, Inc., 2852 Antoine, Houston, TX 77092; Facsimile: (713) 869-3111; Attn: Copyright Agent

 

11. Member Disputes. You are solely responsible for your interactions with other CitizensForAffordableEnergy.org Members. CitizensForAffordableEnergy.org reserves the right, but has no obligation, to monitor disputes between you and other Members.

 

12. Privacy. Use of the Citizens For Affordable Energy Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

 

13. Disclaimers. CitizensForAffordableEnergy.org is not responsible for any incorrect or inaccurate Content posted on the Citizens For Affordable Energy Website or in connection with the Citizens For Affordable Energy Services, whether caused by Users of the Citizens For Affordable Energy Services or by any of the equipment or programming associated with or utilized in the Citizens For Affordable Energy Services. Profiles created and posted by Members on the Citizens For Affordable Energy Website may contain links to other websites. CitizensForAffordableEnergy.org is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by CitizensForAffordableEnergy.org. Inclusion of any linked website on the Citizens For Affordable Energy Services does not imply approval or endorsement of the linked website by CitizensForAffordableEnergy.org. When you access these third-party sites, you do so at your own risk. CitizensForAffordableEnergy.org takes no responsibility for third party advertisements which are posted on this Citizens For Affordable Energy Website or through the Citizens For Affordable Energy Services, nor does it take any responsibility for the goods or services provided by its advertisers. CitizensForAffordableEnergy.org is not responsible for the conduct, whether online or offline, of any User of the Citizens For Affordable Energy Services. CitizensForAffordableEnergy.org assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. CitizensForAffordableEnergy.org is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Citizens For Affordable Energy Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Citizens For Affordable Energy Services. Under no circumstances shall CitizensForAffordableEnergy.org be responsible for any loss or damage, including personal injury or death, resulting from use of the Citizens For Affordable Energy Services, attendance at a CitizensForAffordableEnergy.org event, from any Content posted on or through the Citizens For Affordable Energy Services, or from the conduct of any Users of the Citizens For Affordable Energy Services, whether online or offline. The Citizens For Affordable Energy Services are provided "AS-IS" and as available and CitizensForAffordableEnergy.org expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CitizensForAffordableEnergy.org cannot guarantee and does not promise any specific results from use of the Citizens For Affordable Energy Services.

 

14. Limitation on Liability. IN NO EVENT SHALL CitizensForAffordableEnergy.org BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF CitizensForAffordableEnergy.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CitizensForAffordableEnergy.org's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CitizensForAffordableEnergy.org FOR THE Citizens For Affordable Energy SERVICES DURING THE TERM OF MEMBERSHIP.

 

15. U.S. Export Controls. Software available in connection with the Citizens For Affordable Energy Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Citizens For Affordable Energy Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

 

16. Disputes. If there is any dispute about or involving the Citizens For Affordable Energy Services, you agree that the dispute shall be governed by the laws of the State of Texas, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Texas, City of Houston. Either CitizensForAffordableEnergy.org or you may demand that any dispute between CitizensForAffordableEnergy.org and you about or involving the Citizens For Affordable Energy Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Houston, Texas, USA, provided that the foregoing shall not prevent CitizensForAffordableEnergy.org from seeking injunctive relief in a court of competent jurisdiction.

 

17. Indemnity. You agree to indemnify and hold CitizensForAffordableEnergy.org, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Citizens For Affordable Energy Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Citizens For Affordable Energy Website or through the Citizens For Affordable Energy Services causes CitizensForAffordableEnergy.org to be liable to another.

 

18. Other. This Agreement is accepted upon your use of the Citizens For Affordable Energy Website or any of the Citizens For Affordable Energy Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and CitizensForAffordableEnergy.org regarding the use of the Citizens For Affordable Energy Services. The failure of CitizensForAffordableEnergy.org to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. CitizensForAffordableEnergy.org is a trademark of OutDoorSite, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us at: www.CitizensForAffordableEnergy.org with any questions regarding this Agreement.

 

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.