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Terms & Conditions
Terms of Use and Privacy Policy for Utility Collaborative 2030
Effective June 1, 2022 (rev01.03)
1 Introduction.Utility Collaborative 2030 is a membership-based organization that provides energy and water utility leaders a space to discuss shared goals, opportunities, and challenges and collaboratively seek solutions through crowdsourcing, co-creation, and vetted content curation. These Terms of Use and Privacy Policy (collectively, “Terms”) govern your use of www.utility2030.org (“Website”) including all use, submissions, and purchases that you make.The Website is provided by Utility 2030 LLC (“We”, “Us”, or “Our).In this Agreement, the term “you” means the person who (or the entity on whose behalf you are acting) is agreeing to these Terms.By using or entering your information on the Website, you signify electronically your agreement to be bound by these Terms.If you do not agree to these Terms, do not use the Website.
2 Updates.These Terms are effective as of the date first written above.We may update these terms from time to time by posting such updated Terms to the Website or by providing email notice to you.Terms posted to the Website shall become effective upon posting.Terms provided via email (or via a link in an email) shall become effective upon sending by us.In the event of an update, by continuing to use the Website you agree to be bound by any such updated Terms.If you do not agree, you must immediately stop using the Website.We may change or discontinue any feature of the Website at any time without notice.
3 Registration.We will open an account for you when you sign up for the Website. You must provide complete and accurate registration information, including accurate and up-to-date billing information. You agree to keep this information up-to-date. You represent and warrant that: (1) you have the full power, authority, and legal capacity to enter into the Agreement and follow its obligations, (2) if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company, and (3) all information that you provide is true and current.
4 Termination.We may cancel or suspend your access to the Website at any time, without cause and/or without notice and without further liability or obligation. Your right to use the Website will end once your service is terminated.
5 Licenses.
5.1 From Us to You.We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Website for your own use and provided that you comply and remain in compliance with this Agreement. You may not circumvent any mechanisms for preventing the unauthorized access, reproduction, or distribution of the Website. Your license terminates immediately upon cancellation or termination of your account or if we believe you are in violation of these Terms.You may not (a) sell or redistribute content from the Website or provide your user credentials to another person or entity, (b) incorporate any aspect of the Website into another product, or (c) reverse engineer, decompile or disassemble the Website or otherwise attempt to derive the source code from the Website (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Website in any way or remove proprietary notices posted on the Website.You may access the Website only through the software, interfaces, and protocols provided or authorized by us. You may not authorize or assist any third party to do any of the things prohibited in this paragraph. Any rights not specifically licensed to you for any the Website software are reserved by Us.We may terminate this license at any time without reason and without notice.
5.2 From You to Us. By uploading content to the Website, or by collaborating or contributing to content uploaded by others to the Website (collectively, “Content”), you hereby grant to us a fully paid up, royalty free, irrevocable, transferrable, sublicensable, license to use the Content on the Website, in our newsletters and email updates, and in other locations and publications as may be determined by Us.You represent and warrant that you have adequate rights in the Content to grant the foregoing license, that our use of the Content will not infringe the intellectual property rights of another person or entity, and that we may use your name and other information about you in conjunction with the Content.
6 No Warranty.We provide the Website “as is”, “with all faults” and “as available.” YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. We make no express warranties or guarantees about the Website or any of its information. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEBSITE, SERVICES, CONTENT AND MATERIALS ON THE WEBSITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, TIMELY, RELIABLE, NON-INFRINGING or that the website, data, analytics, visualizations or the server(s) on which they are hosted are free of viruses, bugs or other harmful components. WE DO NOT GUARANTEE THAT INFORMATION ON THE WEBSITE, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY.
Every effort is made to assure that all information published is correct. However, we disclaim any liability for errors or omissions and you assume the risk of possible errors or omissions. No advice is intended or offered by the Website in making any of the information available, and we disclaim any and all liability related to any decision take by a party in reliance upon any information provided.
7 Limited Liability. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, COMPUTER INFECTION, OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE WEBSITE EXCEED THE TOTAL AMOUNT YOU PAID TO USE THE WEBSITE.
8 Indemnification.Upon a request by us, you agree to indemnify, defend and hold harmless Utility 2030 and its subsidiaries and affiliates and their respective employees, attorneys, assigns, successors-in-interest, contractors, vendors, suppliers, licensors, licensees and sublicensees, from and against any and all claims, damages, causes of action, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (1) your actual or alleged breach of these Terms; (2) any allegation that any information, data, or other material you have submitted or transmitted to us infringes, misappropriates or otherwise violates the privacy, HIPAA, copyright, trademark, trade secret or other intellectual property rights of any party; and/or (3) your activities or omissions in connection with the information provided via the Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9 Privacy Policy and Use of Information.
9.1 Website Usage Information.We may receive and store certain types of website and email usage information whenever you visit any of our web sites or open one of our the Website emails. For example, we may collect the page served, time, source of the request, type of browser making the request, preceding page view, previously stored “cookies”, and other similar information. With regard to email messages, we may store information about whether or not the email was viewed, whether or not images were downloaded from our server, links that may have been accessed, the identity of the subscriber, and whether or not the report has been forwarded to others. When analyzed, website and email usage information helps us determine how subscribers and visitors utilize information, what type of information is most popular, and the manner in which information is being viewed.
9.2 Cookies.The Website uses cookies to collect information about your access and the services we provide. Cookies are pieces of information which include a unique reference code that a website transfers to your device to store and sometimes track information about you. Some of our cookies last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Website and will last for longer. Cookies are uniquely assigned to you and can only be read by a server at the domain that issued the cookie. We may use cookies to (1) remember that you visited the site before, and to track unique visitors; (2) remember your login information as you navigate through our website; (3) recording how users navigate our website so that we may improve our services; (4) collect statistical information about how users utilize the Website; and (5) maintain a record of the pages within our website that are visited, and to monitor website traffic.
9.3 Your Personal Information. We may receive and store certain types of personal information provided by you in the course of providing service. For example, we may collect terms, phrases, and choices you make while searching, browsing, or configuring alerts or bookmarks. We may collect and store billing information. We record changes to your account status. For example, we may record when Content was made or uploaded, your use of the Website, when your account was accessed, when your password was reset, and similar audit information.
9.4 Our Use of Your Information.The information you provide to us may be used to (1) send you newsletters and/or other e-mail communications for which you have registered; (2) contact you about changes to the Website or our services (e.g., notification of changes to these Terms, or other policies that affect your use of our web sites); (3) inform you about updates and items of interest on the Website; (4) authenticate your account and Content you have uploaded or identify you as the author of certain Content; (5) monitor or improve the site; (6) administer the site’s systems and for other internal business purposes; (7) customize the content you see; (8) comply with and monitor compliance with our Terms and other applicable agreements and polices; and (9) for other purposes disclosed when you provide your information.
9.5 Information Sharing.We may employ or contract with third parties to perform functions on our behalf; examples include hosting or operating our site, sending e-mail, data analysis, marketing assistance, and customer service. These third parties may have access to your personal information for the purpose of performing such functions on Our behalf. We do not sell personal information to third parties or provide it to them for any purpose other than the provision of products and services purchased through the Website.
10 This is an Electronic Contract.Your affirmative act of making registering for or using the Website constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Website (collectively, “Notices”). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration or (2) by posting the Notice on the applicable web page of the Website. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Service.
In order to receive Notices electronically, you must constantly maintain the email address or web address which you have provided to us.All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
11 Miscellaneous.These Terms and any supplemental terms, updates, policies, rules and guidelines posted on the Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.You agree that the laws of Georgia govern this contract and any claim or dispute that you may have against us, without regard to conflict of laws rules. You further agree that any disputes or claims that you may have against us will be resolved by a court located in Georgia, and you consent to personal and subject matter jurisdiction in such courts.We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
12 Contact.If you have any questions or concerns about these Terms, about any information that we may have collected or stored, or to delete, opt out or modify any of the information contained in our database, please contact us directly at Utility 2030 LLC, 210 Sulling Way, Alpharetta, GA, 30009, contact@Utility2030.org.
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