TERMS OF USE


Platform Terms of Use

Energy Advisors Hub, Inc.

Last Modified: April  07, 2018

Acceptance of the Terms of Use  

 These terms of use are entered into by and between you (“you” or “You”) and Energy Advisors Hub, Inc. (“Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Company and its affiliates’ applications, websites, and technology platforms, including any content, functionality, and services offered on or through them (jointly, the “Platform”).  

   If you are (i) an installer (“Installer”) or energy advisor (“Energy Advisor”) who will use the Platform for purposes of selling solar energy and/or energy storage projects (“Projects”) to prospective customers, or (ii) a service provider to the Company, you will also be required to sign a separate agreement with the Company (“Separate Agreement”) before accessing the Platform.  Installers and Energy Advisors are not service providers or agents of the Company and do not have authority to act on its behalf.  

    If you are prospective customer/purchaser of a Project, visitor, or any other user of the Platform, you may not enter into a Separate Agreement with the Company, though you may enter into one or more separate agreements with Installers and/or Energy Advisors.

    Please read the Terms of Use carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy found at [https://energyadvisorhub.com/privacy-policy/], and our Copyright Policy found at Copyright Policy section of this Agreement, both of which are incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.

    This Platform is offered and available to users who are 18 years of age or older, who reside in the United States or any of its territories or possessions, and who have completed a user registration with the Company. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.                                                                                                                                      

Changes to the Terms of Use  

    We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Platform.

    Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.                                                                                                                                

Accessing the Platform and Account Security  

    We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

    You are responsible for:

  1. Making all arrangements necessary for you to have access to the Platform.
  2. Ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them.

    To access the Platform and some of the resources it offers, you will be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy [https://energyadvisorhub.com/privacy-policy/], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

    If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures or access to the Platform, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information, or through reproduction of its content. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. 

    Subject to any restrictions in a Separate Agreement applicable to you, we have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or a Separate Agreement applicable to you.                                                                                                                              

Intellectual Property Rights

    The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

    These Terms of Use permit you to use the Platform only to evaluate and execute the purchasing or selling of Projects (the “Purpose”). You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. You may print or download one copy of pages of the Platform as necessary for the Purpose, and not for any other purpose, including your own personal use, any use that could be considered adverse to the Company (including, for example, “poaching”, or otherwise entering into agreements outside of the Platform with, Installers, Energy Advisors or any other service provider using the Platform, or for further reproduction, publication, or distribution.
  4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  5. If we provide social media features with certain content, you may take such actions as are enabled by such features.

    Unless expressly allowed by a Separate Agreement applicable to you, you must not:

  1. Modify copies of any materials from this site.
  2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

    If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: info@energyadvisorshub.com.  

    If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.                                                                                                                             

Trademarks  

    The Company name, the terms, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.                                                                                                                                     

Prohibited Uses 

    You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform:

  1. 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 US or other countries).
  2. 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.
  3. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards [set forth in this Agreement] set out in these Terms of Use.
  4. To transmit, or procure the sending of, any advertising or promotional material without our prior written consent or as allowed in a Separate Agreement applicable to you, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  5. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm the Company or users of the Platform or expose them to liability.

    Additionally, you agree not to:

  1. Share any non-public content that you access in the Platform (other than your own User Contributions) with any third person unless such other Person is a user of the Platform who has agreed to these Terms of Use; or use any such content for any purpose other than the Purpose, including without limitation in any way that could be considered adverse to the Company.
  2. “Poaching” or otherwise entering into agreements outside of the Platform with Installers, Energy Advisors, or any other service provider using the Platform.  
  3. Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
  4. Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
  5. Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
  6. Use any device, software, or routine that interferes with the proper working of the Platform.
  7. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  8. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
  9. Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
  10. Otherwise attempt to interfere with the proper working of the Platform.

User Contributions  

    The Platform may contain message boards, chat rooms, personal or business web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials, including photos or video showing your likeness (collectively, “User Contributions”) on or through the Platform.

    All User Contributions must comply with the Content Standards [set forth in this Agreement] set out in these Terms of Use and with any Separate Agreement applicable to you.

    Any User Contribution you post to the site will be considered non-confidential and non-proprietary with respect to the Company’s use of such User Contribution. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose unless expressly prohibited by a Separate Agreement applicable to you.

    You represent and warrant that:

  1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  2. All of your User Contributions do and will comply with these Terms of Use.

    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

    We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform. ‌                                                                                                                                     

Monitoring and Enforcement; Termination  

    We have the right to, unless expressly stated in a Separate Agreement applicable to you:

  1. Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  2. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
  5. Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms of Use.

    Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

    However, we cannot and do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable or inaccurate material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

                                                                                                                                       

Company Communications

You agree to receive communications from us, including via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems.  Standard text messaging charges may be applied by your cell phone carrier to text messages we send, and we are not responsible for such charges.

Communications from the Company or its affiliates may include but are not limited to:

  1. operational communications concerning your user account or use of the Platform;
  2. operational communications regarding your Projects;
  3. updates concerning new and existing features on the Platform;
  4. communications concerning promotions run by us or our third-party partners; or
  5. news about the Company and its industry.

 ‌                                                                                                                                      

Content Standards  

    These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [https://energyadvisorhub.com/privacy-policy/].
  5. Be likely to deceive any person.
  6. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  7. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  8. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  9. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  10. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

    If you believe that any User Contributions violate your copyright, please see our Copyright Policy [set forth in this Agreement] for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.                                                                                                                                       

Reliance on Information Posted  

    The information presented on or through the Platform is made available solely for the Purpose, and the Company sole role with respect to such Purpose is to provide the Platform. 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 visitor to the Platform, or by anyone who may be informed of any of its contents.

    This Platform includes or may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All agreements, statements and/or opinions expressed in or reflected in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not reflect the opinion or the information of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, including agreements they may sign with you.                                                                                                                                      

Changes to the Platform  

    We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material. ‌                                                                                                                                       

Information About You and Your Visits to the Platform  

   All information we collect on this Platform is subject to our Privacy Policy [https://energyadvisorhub.com/privacy-policy/]. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.                                                                                                                                    

Online Purchases of Projects 

    All purchases through our site or other transactions for the sale of Projects formed through the Platform or resulting from visits made by you are governed by the applicable agreements with your counterparties and not by these Terms of Use. ‌                                                                                                                                       

Linking to the Platform and Social Media Features  

    You may link to our homepage, 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 express written consent.

    This Platform may provide certain social media features that enable you to:

  1. Link from your own or certain third-party websites to certain content on this Platform.
  2. Send emails or other communications with certain content, or links to certain content, on this Platform.
  3. Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.

    You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  1. Establish a link from any website that is not owned by you.
  2. Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  3. Link to any part of the Platform other than the homepage.
  4. Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of these Terms of Use.

    The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the the Content Standards set out in these Terms of Use.

    You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

    We may disable all or any social media features and any links at any time without notice in our discretion. ‌                                                                                                                                      

Links from the Platform  

    If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 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 to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.                                                                                                                                       

Geographic Restrictions  

    The owner of the Platform is based in the state of California in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. ‌                                                                                                                                       

Disclaimer of Warranties  

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform 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. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A 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 PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT. 

    YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

    THE COMPANY IS ONLY IN THE BUSINESS OF PROVIDING THE PLATFORM AND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE PROJECTS, THE INSTALLERS, THE ENERGY ADVISORS, THE PURCHASERS OF THE PROJECTS, OR ANY OF THEIR SERVICES RENDERED TO COMPLETE THE PROJECTS.

    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.                                                                                                                                  

Limitation on Liability  

    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THE PROJECTS, THE PURCHASES OF THE PROJECTS, OR ANY OF THE SERVICES RENDERED TO COMPLETE THE PROJECTS; OR (B) YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

    THE MAXIMUM LIABILITY OF THE COMPANY, ITS AFFILIATES, OR THEIR EMPLOYEES, OFFICERS, DIRECTORS OR SERVICE PROVIDERS TO YOU FOR ANY REASON SHALL BE REIMBURSEMENT OF ANY AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN EXCHANGE FOR YOUR USE OF THE PLATFORM.  

    YOU ACKNOWLEDGE AND AGREE THAT THIS “LIMITATION OF LIABILITY” SECTION IS A MATERIAL PROVISION OF THESE TERMS OF USE, AND THAT THE COMPANY WOULD NOT ALLOW YOU TO USE THE PLATFORM IF IT WERE NOT FOR THIS MAXIMUM LIABILITY CLAUSE.       

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ‌                                                                                                                                       

Indemnification  

    You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.                                                                                                                                     

Governing Law and Jurisdiction  

    All matters relating to the Platform and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

    Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.                                                                                                                                      

Arbitration  

    At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Platform, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.  IF SO, YOU MAY ONLY BRING SUCH CLAIMS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING                                                                                                                                      

Limitation on Time to File Claims  

    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. ‌                                                                                                                                       

Waiver and Severability  

    No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. ‌                                                                                                                                       

Entire Agreement  

    The Terms of Use, our Privacy Policy, our Copyright Policy, and (as applicable) your Separate Agreement  constitute the sole and entire agreement between you and the Company regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform. ‌                                                                                                                                       

Your Comments and Concerns  

    This website is operated by Energy Advisors Hub, Inc., 85 N. Raymond Avenue, Pasadena, CA 91103.

    All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy [set forth in this agreement] in the manner and by the means set out therein.

    All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: info@energyadvisorshub.com.                                                                                                                                      

COPYRIGHT POLICY

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  4. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the written notice is accurate.
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

 

 

 

 

   

Juan Pablo Albán, Esq.

Stuart Albán Law, PC

800 Wilshire Blvd., Suite 200, Los Angeles, CA 90017

(323) 405-9898

jp@stuartalbanlaw.com


If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.                                                                                                                                      

Counter-Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  1. Your physical or electronic signature.
  2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  3. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.                                                                                                                                       

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.