1. ACCEPTANCE OF TERMS:
The Center for Energy Workforce Development (“CEWD”) currently: (a) provides users with access to, and use of, information regarding various products and services on its web site located at www.CEWD.org
(“CEWD Web Site”), and (b) hosts various list server groups (collectively, “List Server”). The CEWD Web Site and/or the List Server are herein referred to collectively as the “Service”. The Terms and Conditions of Use (“Agreement”) containing the terms, conditions, notices and agreements below (collectively, “Terms”) govern your use of the Service. In the event of any conflict between any one or more provisions in the Terms and in any other document or agreement between CEWD and you related to a specific product or service offered on or through the Service, the provision in the Terms shall govern.
The Service is offered to you conditioned solely upon your acceptance of the Terms without modification or reservation. Any and all rights not expressly granted in the Terms are expressly reserved by CEWD. PLEASE READ THE TERMS VERY CAREFULLY! Your use of the Service means you agree to all of the Terms and agree to them without modification or reservation.
2. DEFINITIONS: There are several words that are used in this Agreement that have a specific meaning in the Agreement. The words defined in this section shall have the following meanings in this Agreement, unless to do so would be contrary to the clear intent of the Agreement:
A. “Advertisers”: Means any person, corporation, or any other entity in whatever form that places an advertisement(s) on the CEWD Web Site.
B. “Content” or “CONTENT”: Means any message, information, data, text, software, images or other materials that you post or transmit on the CEWD Web Site or the List Server.
C. “Information” or “INFORMATION”: Means the editorial content and graphics on the CEWD Web Site and/or the List Server, as well as the computer programs used to generate the pages on the CEWD Web Site and/or the List Server.
D. “Terms”: Means the terms, conditions, and notices in the Agreement.
E. “you”, “your” and “user”: Means all individuals and/or entities in whatever form accessing or using the Service for any reason.
3. TRADEMARK AND COPYRIGHT PROTECTIONS: CEWD is the owner of all intellectual property rights (including copyrights, service marks, and trademarks) in, on, and to the CEWD Web Site. Material published by CEWD on the CEWD Web Site or the List Server may contain other proprietary notices or describe products, services, processes or technologies owned by CEWD or third parties. Nothing in the Terms or through the use of the Service shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of CEWD or any third party, except as expressly set forth and granted in the Terms.
It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the CEWD Web Site or the List Server. You must retain all copyright, service mark, trademark, and other proprietary notices contained on the CEWD Web Site or the List Server on any copy you make of the Information.The CEWD name and logo are trademarks and/or service marks of CEWD. All related product and service names, design marks and slogans are the trademarks or service marks of CEWD, as are the “look” and “feel” of the CEWD Web Site (including color combinations, layout, design and all other graphical elements). All other product, service marks, and trademarks contained on the CEWD Web Site or on the List Server are the property of their respective owners.
All Information on the CEWD Web Site, as well as the computer programs used to generate pages, and the CEWD Web Site are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied or used without the express written permission of CEWD, which reserves all rights. Re-use of any of the Information for any purpose is strictly prohibited without CEWD’s prior written permission. Please contact feedback@CEWD.org to request permission.
4. LIMITED LICENSE AND USE: You are granted a non-exclusive, non-assignable and non-transferable license to use the Service only under the Terms. You are authorized to view and download a single copy of the Information solely for your personal, noncommercial use.
This license is not a sale of any of the respective intellectual property owner’s rights. The Service may be used only by you and you may not rent, lease, lend, sub-license, or transfer the Service or any data residing on it or any of your rights under the Terms to anyone else. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Information or Content contained in the CEWD Web Site or the List Server. Notwithstanding anything set forth herein to the contrary, Content posted using the List Server may be reproduced, except as otherwise restricted by the copyright owner or applicable laws or regulations. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the CEWD Web Site or the List Server. You may not transfer to or store any data residing or exchanged using the Service in any electronic network for use by more than one user unless you obtain prior written permission from CEWD. Please contact feedback@CEWD.org
to request permission.
5. USER RESPONSIBILITIES:
The Service may be used only for lawful purposes. As one of the conditions of your use of the Service, you represent, warrant and agree that you shall not use (or plan, encourage or help others to use) the Service for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls. Any and all information posted on the CEWD Web Site or the List Server by you, including all Advertisers, must comply with all applicable international, national, state, and local laws, regulations, rules, and ordinances. It is your responsibility to ensure that your use of the Service complies with the Terms and to request prior written permission from CEWD for any uses not permitted or expressly specified in the Terms. Please contact feedback@CEWD.org
to request permission.
You understand that all Content whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. You, not CEWD, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available using the Service.
CEWD accepts no responsibility for the opinions and information posted on the CEWD Web Site or the List Server by others. You acknowledge that the security mechanisms of the Service have inherent limitations, and you are solely responsible for determining if the use of the Service sufficiently meets your needs.
6. SPECIFIC PROHIBITED USES: While using the Service, you shall not do any of the following:
A. Respond to any commercial opportunity on the Service for any reason other than to utilize the products or services offered.
B. Post or transmit any incomplete, false, or inaccurate information.
C. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in whatever form.
D. Send unsolicited e-mail, telephone calls, mailings or other material to any Advertisers.
E. Post or transmit any Content that you do not have a right to reproduce, display or transmit under any law, regulation, or rule, or under any contractual or fiduciary relationships.
F. Use the Service’s communications features in a manner that adversely affects the availability of its resources to other users (for example, continuous posting of repetitive or duplicative text).
G. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racially, ethnically or otherwise objectionable, harmful to minors in any way, or that may invade the right of privacy or publicity of any other person or entity in whatever form.
H. Upload or transmit any Content that infringes any patent, copyright, service mark, trade secret, trademark, or other proprietary rights.
I. Delete any attributions, legal notices or proprietary designations or labels that you upload to any portion of the Service.
J. Delete or revise any material posted by any other person or entity in whatever form.
K. Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, such as opinions or notices, commercial or otherwise.
L. Post or transmit any Content that contains a virus or corrupted data.
M. Use any device, software, or routine to interfere with the proper operation of the Service or any activity being conducted on the Service.
N. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising, creating, or in any way making up a part of the Service.
O. Violate any applicable international, national, state, or local law, regulation, rule, ordinance, or treaty.
7. LINKS TO OTHER WEB SITES: The CEWD Web Site and the List Server contain hyperlinks or other connections to web sites owned and/or operated by parties other than CEWD. You understand, acknowledge, and agree that CEWD does not control these web sites and is not responsible, nor shall be liable (directly or indirectly) for them, including, but not limited to, their availability, their content or any viruses they may contain. The inclusion of any hyperlinks or connections to web sites operated by parties other than CEWD does not in any way directly or indirectly imply any endorsement of the material on them or any association with their owners or operators.
8. ACCURACY OF MATERIAL: You understand and acknowledge that material and software published on the CEWD Web Site or the List Server, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that CEWD is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the CEWD Web Site or the List Server may be changed or revised from time to time without notice.
9. BUSINESS PRACTICES: You understand and agree that CEWD is not responsible or liable in any way (directly or indirectly) for the Content posted by or on behalf of any Advertiser or any Advertiser’s business practices (or any of the material posted or downloaded by any of them onto the CEWD Web Site). Nothing on the CEWD Web Site or the List Server shall be directly or indirectly deemed to be an endorsement, representation, or warranty regarding any Advertiser, or other third party, whether in connection to its web site or otherwise.
You understand and agree that you must evaluate and bear all risks associated with the use of any Content or in response to any advertisement, including any reliance on the accuracy, completeness or usefulness of the Content or any advertisement.
10. WEB SECURITY RULES: Users are prohibited from directly or indirectly violating or attempting to violate the security of the CEWD Web Site or the List Server, including, without limitation,
A. accessing data not intended for the user or logging into a server or account which such user is not authorized to access,
B. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
C. attempting to interfere with service to any user, host or network, including, without limitation, using any means, including overloading, “flooding”, “mailbombing” or “crashing”,
D. sending unsolicited e-mail, including promotions or advertising of any products or services, or
E. forging any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the Service.
Violations of the Service or network security may result in civil or criminal liability. CEWD will investigate occurrences that may involve violations of the use of the Service and may contact and/or cooperate with law enforcement authorities in prosecuting users or any other person or persons who are involved in any violations of the use of the Service.
11. RIGHTS IN CONTENT GRANTED BY YOU: By submitting (or uploading) Content either onto the CEWD Web Site or using the List Server, you warrant and represent that (a) you own the copyright with respect to the Content or have received permission to submit the Content from the copyright owner(s), and (b) all of your so-called “moral rights” in the Content have been waived; and you automatically grant to CEWD, the List Server and the users of the List Server the royalty-free, perpetual, non-exclusive, irrevocable, transferable right and license to use, transmit, reproduce, modify, adapt, publish, print, distribute, translate, create derivative works from, distribute, perform and display in whole or in part the Content worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.
If the license is limited or restricted in any way or manner, you, the posting party, shall have the sole obligation and responsibility to clearly and completely disclose the limitations or restrictions on use.
12. INDEMNIFICATION: You agree to indemnify and hold CEWD harmless from and against all claims, losses, damages, injuries, awards, and liability – together with the costs, expenses, and reasonable attorneys’ fees in connection therewith – resulting from, arising out of, or in any way connected to your use of the CEWD Web Site or the List Server, your violation of the Terms or your responsibilities, your breach or misrepresentation of any of your warranties or representations, or your violation of any rights of any person.
13. MONITORING: CEWD is under no obligation to monitor the Content or any other material residing on or transmitted using the Service. However, you agree that CEWD may at any time and from time to time monitor the Content to:
A. comply with any applicable law, regulation, rule, or other government requests in its sole determination,
B. operate the CEWD Web Site or List Server or to protect CEWD and any users and Advertisers, in CEWD’s sole determination and/or
C. for any other purposes as CEWD may deem reasonably necessary or appropriate in its sole determination.
14. INFORMATION PRIVACY: CEWD does not guarantee that any personal information posted or transmitted will be prevented from being viewed or used by any particular person.
15. DISCLAIMER OF WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CEWD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. CEWD MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE, THE CONTENT, THE INFORMATION SPECIFICALLY AND/OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL,OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, AND/OR SPECIFICATIONS, (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND (f) MATERIAL ACCESSIBLE FROM THE CEWD WEB SITE OR THE LIST SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CEWD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST CEWD AS THE PROVIDER OR HOST OF, OR ANY IN OTHER CAPACITY RELATED TO, THE SERVICE FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THE CEWD WEB SITE OR THE LIST SERVER OR FOR ANY OTHER REASON.
CEWD ACCEPTS NO RESPONSIBILITY FOR THE OPINIONS AND INFORMATION POSTED ON THE LIST SERVER BY OTHERS.
YOUR SOLE REMEDY FOR ANY OF THE FOREGOING IS TO STOP USING THE SERVICE.
16. LIMITATIONS OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT CEWD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CEWD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE INABILITY TO USE THE SERVICE (OR ANY HYPERLINKS), OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT IS ERROR-FREE, ACCURATE AND/OR CURRENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO EITHER THE SERVICE SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.
17. EXCLUSIONS FROM LIABILITY LIMITATIONS: SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU. FURTHER, IF ANY EXCLUSIONS OR LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN CEWD ‘S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON SHALL BE LIMITED TO THE LESSER OF YOUR COST OF THE SERVICE OR U.S. $100.00.
18. COMPLIANCE AND COOPERATION WITH LAW ENFORCEMENT: You understand and agree that CEWD shall comply with and/or otherwise cooperate with international, national, state or local law enforcement officials or authorities relating to your use of the Service or material provided by you using the Service.
You acknowledge and agree that CEWD may preserve the Content and may also disclose the Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of CEWD, its users or any person.
19. ENTIRE AGREEMENT: The Terms represent the entire agreement between us, and our respective heirs, successors and assigns, and supersede any and all prior understandings, statements, or representations, whether electronic, oral or written, regarding the Service or the Content or Information on the CEWD Web Site or the List Server. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. MODIFICATIONS OF THE TERMS: CEWD shall have the right to modify any one or more of the Terms at any time and from time to time without prior notice. The Terms on the CEWD Web Site are the current applicable provisions that govern your use of the Service. By using the Service, you have agreed to and accepted all of the Terms without modification or reservation.
21. TERMINATION: CEWD shall have the right to terminate your use of the Service for any reason at any time without prior notice.
22. WAIVER: A waiver of any obligation or right under the Agreement shall not be effective unless in writing executed by the party against whom it is being enforced, and shall not be construed as a waiver of any other obligation or right under the Agreement.
23. ENFORCEMENT: The Terms shall be governed by federal law and the laws of the District of Columbia. You consent to the exclusive jurisdiction and venue for any action or dispute in the local and federal courts located in the District of Columbia, United States of America.
24. EQUITABLE RELIEF: You acknowledge that monetary damages may not be a sufficient remedy for the breach of the Agreement and that CEWD shall be entitled without waiving any other rights or remedies, to such injunctive or equitable relief, as may be deemed proper by a court of competent jurisdiction. You hereby agree that in the event of a breach or threatened breach of the Agreement by you, it will not be necessary to prove monetary damages and irreparable harm will be presumed.
25. PROHIBITION ON USE: The use of the CEWD Web Site or the List Server is unauthorized in any jurisdiction that does not give effect to all of the Terms. CEWD makes no claims or representations that the CEWD Web Site or the List Server may be lawfully viewed or downloaded outside of the United States of America. Access to the Information may not be legal by certain persons or in certain countries. If you access the CEWD Web Site or the List Server from outside of the United States of America, you do so at your own risk and are responsible for compliance with the laws, regulations, rules and any other requirements (in whatever form) of your jurisdiction.
26. SEVERABILITY: The Terms in the Agreement are severable and shall be construed to the extent of their enforceability in light of the parties’ mutual intent if deemed at all unenforceable by a court of competent jurisdiction.
27. SUCCESSORS AND ASSIGNS: You agree that your heirs, successors and assigns shall be bound by the Terms in the Agreement.