Last Modified: [May 12, 2022]
3. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any Website Content, in our sole discretion without notice. We may create certain limited access content and allow participation in a program to encourage coordination of renewable energy project sourcing and providing supplier education and engagement (“Program”) for which separate fees and separate terms and conditions may apply. We will not be liable if for any reason all or any part of the Website or Website Content is unavailable at any time or for any period. From time to time, in our sole discretion, we may restrict access to some parts or all of the Website, or Website Content to users, including registered users participating in the Program.
You are responsible for:
Making all arrangements necessary for you to have access to the Website; and
4. Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, material, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively “Website Content”), 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.
Your computer may temporarily store copies of Website Content in RAM incidental to your accessing and viewing such Website Content.
You may store Website Content that is automatically cached by your Web browser for display enhancement purposes.
You may print one copy of a reasonable number of pages of the Website Content for your own personal, non-commercial use and not for further reproduction, publication or distribution.
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 the applicable end user license agreement for such applications.
You must not:
Modify copies of any Website Content;
Delete or alter any copyright, trademark or other proprietary rights notices from copies of Website Content; or
Resell or republish any part of the Website or any Website Content.
The Company name, the terms “Schneider Electric” “Life is On” “NEO Network”, (“NEO Network”) logo and all related names, logos, product and service names, designs and slogans (collectively “Company Marks”) are trademarks of the Company or its affiliates or licensors. You must not use the Company Marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners and all goodwill arising from the use of such marks including, but not limited to, the Company Marks, will inure to the benefit of the respective owner.
You acknowledge that certain information and materials made available within the password protected areas of the Website as part of the Program may be the confidential information of Company only to be used for your organization’s own purposes subject to the terms and conditions of your participation in the Program. You will not disclose such Confidential Information to any third parties or non-user employees during the term of your Website access or at any time during the 5-year period following the end of such term unless authorized in writing by Company. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of such Confidential Information, including, at a minimum, those measures you take to protect your own Confidential Information of a similar nature.
- Company may release and use such data, and allow third parties authorized by Company to release and use such data, in an aggregated and nonidentifiable way; -
- Company may disclose and distribute the foregoing information and User Contributions (defined below) to its affiliates, licensors, service providers, consultants, contractors, and alliance partners (collectively, “Service Providers”) to carry out data processing activities and to provide our products, services and online content to you. Service Providers include, without limitation, providers of hosting facilities, information systems, advertising and marketing agencies, IT support, security services, financial services, carriers who deliver products, outside accounting firms, lawyers and auditors; and
- Company may collect your data from and through your use of the Schneider Electric Resource Advisor or if you provide your data to Company in another manner (for example, via a manual upload or by using the UtilityAPI) and Company may then share such data with Company’s third party suppliers, partners and providers (including Station A) in order to provide you with the services. Additionally, if you then request an introduction to one or more NEO Network solution provider(s), Company may share your data with the solution provider(s) you select for the purpose of helping you obtain any services you may request or require from such solution provider(s).
We ensure all Service Providers working under contract for Company are compliant with data privacy laws and aligned with Company guidelines.
6. Your Use of the Website
- 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).
- 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.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To harvest or collect information about users of the Website.
- To cause injury to any person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or restrict, inhibit or otherwise interfere with any other person’s use of the Website or Website Content, including, but not limited to, their ability to engage in real time activities through the Website.
- Use any robot, spider site search/retrieval application or other manual or automatic device, process or means to retrieve, index, “scrape,” “data mine” or otherwise access the Website for any purpose, including monitoring or copying any of the Website Content, or reproduce or circumvent the navigational structure or presentation of the Website.
- Use any manual process to monitor or copy any of the Website Content or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service.
- Make available through or in connection with the Website any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Interfere with or disrupt the operation of the Website or the systems, servers, or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
- Use the Website for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Reverse engineer, decompile, or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark, or other proprietary rights notice from the Website or Website Content.
- Otherwise attempt to interfere with the proper working of the Website.
7. User Contributions
The Website Content may include message boards, chat rooms, personal web pages or profiles, company web pages or profiles, project web pages or profiles, forums, bulletin boards, whitepapers, case studies, articles, videos, webinars, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to Company, other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Notwithstanding anything to the contrary in any separate nondisclosure agreement or other contract between you and Company, any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates, licensors, and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, worldwide, royalty-free, fully-paid, perpetual and irrevocable license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You acknowledge that Company and our affiliates, licensors, and service providers, and each of their and our respective licensees, successors and assigns may use User Contributions as an input to aggregate representative market data or market benchmarks developed and published by Company and its affiliates where you are not individually identified and may distribute this information to its licensors in an anonymized aggregated format.
By using the Website, you hereby grant to Company and its affiliates a non-exclusive, royalty-free, fully-paid license to use your company’s logo on the Website community page to indicate your participation in the Program.
By using the Website, you hereby grant Company and its affiliates with permission to access your energy consumption information held within the Schneider Electric Resource Advisor system (RA). This data will be treated confidentially and not disclosed to third parties unless approved by you in writing or as specified in Section 17 of this agreement.
You represent and warrant that:
- 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, licensors and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company or its licensors, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to you or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
8. Monitoring and Enforcement
We have the right (but not the obligation) to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Subject to and if permitted by applicable law, 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.
We also have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate 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 Website.
YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable 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 non-performance of the activities described in this section.
10. Content Standards
These content standards (“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:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe or misappropriate any patent, trademark, trade secret, copyright trade secret, right of publicity or privacy, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. ·Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve contests, sweepstakes, general sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- Contain advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Company.
- Be designed to cause or cause harm, damage, disable, or otherwise interfere with the Website or our licensors.
11. 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 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:
- Your physical or electronic signature.
- 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.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- 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.
- A statement that the information in the written notice is accurate.
- 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:
NEO Network Administration 10350 Ormsby Park Pl, Suite 400, Louisville, KY 40223
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your MCA 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.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
12. Reliance on Information Posted
The Website Content is made available solely for general information purposes. Neither us nor our licensors 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 Website, or by anyone who may be informed of any of its contents.
This Website Content may include content provided or owned by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Website Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any Website Content provided by any third parties.
13. Changes to the Website Content
We may update the Website Content from time to time, but the Website Content is not necessarily complete, error-free or up-to-date. Any of the Website Content may be out of date at any given time, and we are under no obligation to update such Website Content.
14. Information About You and Your Visits to the Website
15. Linking to the Website 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 prior express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain Website Content.
- Send e-mails or other communications with certain Website Content, or links to certain Website Content.
- Cause limited portions of Website Content 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 otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website Content or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
16. Third Party Sites
17. Third Party and Affiliate Licensor Applications and Functionality
17.1 Third Party Licensor Applications and Functionality
17.2 Affiliate Licensor Applications and Functionality
18. The Website and Website Content
For purposes of Program access being provided to you, you acknowledge that Schneider Electric may be compensated by solution providers who are also Program members. If this compensation is tied to a transaction we introduce to you, you will be notified at the time of the introduction.
18.2 Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses, error free 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. NEITHER COMPANY NOR ITS LICENSORS (INCLUDING THEIR RESPECTIVE AFFILIATES) WILL 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, THE WEBSITE CONTENT, THE PROGRAM, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE WEBSITE CONTENT, THE PROGRAM, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, ITS LICENSORS (INCLUDING THEIR RESPECTIVE AFFILIATES) NOR ANY PERSON ASSOCIATED WITH COMPANY OR ITS LICENSORS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, THE PROGRAM, OR THE WEBSITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS LICENSORS (INCLUDING THEIR RESPECTIVE AFFILIATES) NOR ANYONE ASSOCIATED WITH THE COMPANY OR ITS LICENSORS REPRESENTS OR WARRANTS THAT THE WEBSITE, THE WEBSITE CONTENT, THE PROGRAM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, WEBSITE CONTENT, THE PROGRAM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY AND ITS LICENSORS (INCLUDING THEIR RESPECTIVE AFFILIATES) HEREBY DISCLAIM 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.
19. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS LICENSORS, OR THEIR RESPECTIVE AFFILIATES, 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 YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY WEBSITE CONTENT OR CONTENT ON SUCH OTHER WEBSITES, THE PROGRAM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 AND/OR EVEN IF ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
20. Limitation on Time to File Claims
22. Governing Law and Jurisdiction
25. Your Comments and Concerns
This website is operated by Summit Energy Services, Inc., located at 10350 Ormsby Park Pl, Suite 400, Louisville, KY 40223. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.