This Agreement is between you, the user of the neenergypartners.com Web Site, the licensor of NEP, and NEP (the "Company"), for the use of all, or part of the Company's Internet web site. This Agreement sets forth the terms and conditions governing the use of this Web Site, currently located at www.neenergypartners.com or the authorized licensor site (this "Site").
The Content on this Site
The Company is providing the links and information on this Site as a convenience to you and is not responsible for the accuracy or content of any such information or linked web sites. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any external site, and that your reliance upon information contained on this Site or on the linking to or content of any external site is at your own risk. The Company explicitly disclaims any responsibility for the accuracy, content or availability of information found on any sites that link to or from this Site.
The Company, in its sole discretion, may add, delete or change some or all of the features of this Site at any time with or without notice.
No Resale of Site
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, without the express, prior written consent of NEP in each instance.
Links to Other Businesses
Comments, Suggestions and Other Content
You may post comments, suggestions and other content as long as the content is not illegal, obscene, threatening or objectionable and does not consist of or contain software viruses, chain letters or mass mailings. You may not use a false identity or e-mail address or otherwise mislead as to the origin of your comments, suggestions or other content. The Company may (but is not obligated to) remove or edit such content, but does not regularly review posted content. If you do post content, you grant the Company a nonexclusive, royalty-free, irrevocable and licensable right to use, publish, distribute and display such content throughout the world in any media. The Company is neither responsible nor liable for any content posted by you or any third party.
Conduct as a User
The Company's services are available only to individuals or businesses that can form legally binding contracts under applicable law. If you do not qualify, you may not use the Company's services.
"Your Information" includes any information you provide to us, including but not limited to, any information you provide (i) through any email feature and/or (ii) your use of the Site.
The Site is committed to protecting the privacy of all our users. Although The Site collects some personally identifiable information in connection with its provision of services via the Internet, The Site does not sell or disclose any personal information about you or your Internet usage without your direct and prior approval, unless required by law, or by search warrant, subpoena or court order. Other than as set forth herein, we will not use your information for any purpose other than to provide you with information, products and services.
Collecting and Utilizing Information
There are several instances on the Site where we ask our members and customers for personal information. Outlined below is a brief summary of the information that we may request and the manner in which we may use it in each circumstance.
1. Enrollment for News Letters
When you enroll for newsletter or premium service the Site will request required information such as; email address. Optional information will also be collected if provided such as; name, business name and address, phone number, energy interests.
The Site reserves the right to use your email address to keep you informed of new products, services and service areas as they are added to our site. If you choose, you can easily be removed from this promotional mailing list.
We do not knowingly collect information from anyone under age 13, and no part of our web site is designed with the intent to attract anyone under age 13. Users under age 13 should not submit any personal information to us.
Sharing Customer Information
NEP does not release any personal information about you or your usage without your direct and prior approval, unless required by law.
NEP does not sell, trade or rent your personal information to others. In the unlikely event that our policy on this matter changes in the future, we will provide clear notice of such change on the site. At that time, you will be given the opportunity to remove your personal information.
NEP will utilize non-personal energy usage data to identify potential cost saving opportunities. If the energy usage data results in an opportunity to reduce your energy costs, NEP will contact you.
174 South Road
Enfield, CT 06082-4414
The materials, data and other information, including all trademarks, service marks and trade names, used or displayed on this Site ("Intellectual Property) are the property of the Company or the licensors of such Intellectual Property and are protected by applicable copyright, trademark and other laws. This Agreement does not grant you any rights in connection with any current or future Intellectual Property owned by the Company or such licensors.
The Company will enforce its intellectual property rights to the fullest extent of the law. The name of NEP or the NEP logo may not be used in any way, including in advertising or publicity pertaining to distribution of Materials on this web site, without prior written permission. NEP prohibits use of the logo as an electronic link to any NEP site unless establishment of such a link is approved in advanced by NEP in writing.
THE SERVICES AND THE INFORMATION, PRODUCTS AND MATERIALS CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, GRAPHICS AND LINKS, ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND ANY SUCH INFORMATION, PRODUCTS AND MATERIALS, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE USE OF, OR ACCESS TO, THE SITE OR THE SERVICES. OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS, INCLUDING BUT NOT LIMITED TO TELECOMMUNICATIONS NETWORK DISRUPTIONS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION ON, OR ACCESSIBLE VIA, THIS SITE OR THE RESULTS OF YOUR USE OF THIS SITE.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE, THE INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES AND/OR PROVISION OF ANY INFORMATION, PRODUCTS, MATERIALS OR LINKS AVAILABLE ON, OR ACCESSIBLE VIA, THIS SITE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
U.S Government Restricted Rights
The Materials on this web site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations, including, but not limited to, the restrictions provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents and employees, harmless from and against any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site.
The Company makes no representation that the content on this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.
By using this Site, you agree to the submission of any dispute arising out of or relating to this Agreement or the Company's services to the state and federal courts of the State of Connecticut, USA.