Hoosiers for Renewables Terms of Use

(Effective as of October 10, 2019)

 

Welcome to the Terms of Use Agreement for Hoosiers for Renewables (the “Company”). For purposes of this Agreement, “Website” refers to the Company’s website, which can be accessed at www.HoosiersforRenewables.com. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Website.

 

The following Terms of Use apply when you view or use our Website at www.HoosiersforRenewables.com. 

 

Please review the following terms carefully. By using the Website you agree to be bound by the terms and conditions presented herein. Should you disagree with any of the terms and conditions presented here, your sole recourse is to discontinue use of the Website.  

 

PRIVACY POLICY

The Company respects the privacy of its users. Please refer to the Company’s Privacy Policy (found here) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Website you signify your agreement to the Privacy Policy as well as these Terms of Use.

 

ABOUT THE WEBSITE

The Website may allow you to sign up for email updates, find information about renewable energy benefits in Indiana, connect with local initiatives and officials, personally contribute to support renewable energy, and learn how to get involved in supporting renewable energy in Indiana.  

 

 

USE RESTRICTIONS

The Website is a general purpose website and is not targeted towards children under 13. By registering an account on the Website, you represent and warrant that you (i) are 18 years of age or older and (ii) have not previously been suspended or removed from the use of the Website by the Company. If we become aware that you are under 18, we will terminate your registration.

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Your permission to use the Website is conditioned upon the following use, posting and conduct restrictions:

You agree that you will not under any circumstances:

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  • access the Website for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Website;collect or harvest any personal data of any user of the Website;

  • use the Website for the solicitation of business in the course of trade or in connection with a commercial enterprise;

  • use the Website for any unlawful purpose or for the promotion of illegal activities;

  • attempt to, or harass, abuse or harm another person or group;

  • provide false or inaccurate information when registering an account;

  • interfere or attempt to interfere with the proper functioning of the Website;

  • make any automated use of the Website, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;   

  • bypass any robot exclusion headers or other measures we take to restrict access to the Website, or use any software, technology, or device to scrape, spider, or crawl the service or harvest or manipulate data;

  • circumvent, disable or otherwise interfere with any security-related features of the Website or features that prevent or restrict use or copying of content, or enforce limitations on use of the Website or the content accessible via the Website; or

  • transmit, upload, publish, or link to the Website any virus, worm, defect, malware, Trojan horse, software bomb or other malicious feature designed to damage, degrade, or disrupt in any manner the performance of the Website or another user’s browser or computer.

 

 

 

LINKS TO OTHER WEBSITES AND/OR MATERIALS

As part of the Website we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through our Website or any Third Party Applications, Software or Content posted on, available through or installed from our Website, including the content, accuracy, offensiveness, opinions, reliability, safety, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave our Website and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from our Website or relating to any applications you use or install from the Third Party Site.

 

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Website may carry registered or other trademarked symbols that are the sole property of their respective owners. You may view, print, and download portions of the content and/or information of the Website solely in connection with your use of the Website, and solely for your personal use or records. We reserve the right to revoke this authorization at any time.  Reproduction, copying, or redistribution of materials on the Website for commercial purposes is strictly prohibited without the express written permission of the Company. In printing or downloading content and/or information from the Website, you agree not to change or delete any proprietary notices, trademarks, and the like from any printed or downloaded content and/or information. Except as otherwise provided in these Terms of Use or as consented to in writing by the Company, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any content and/or information appearing on the Website. Furthermore, you may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile, or otherwise examine the Website source code. If you make use of the Website other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties and/or legal or equitable remedies available to the Company or its licensor.

 

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Website’s email and messaging system will not constitute legal notice to the Website, the Company, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

 

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

We may also use your email address to send you other messages, including information about the Website. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to info@hoosiersforrenewables.com or mail to the following postal address:

 

Customer Support

Hoosiers for Renewables

3500 DePauw Blvd.

Suite 2100

Indianapolis, IN 46268

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Opting out may prevent you from receiving messages regarding the Website, or special offers.

 

 

DISCLAIMERS AND LIMITATION OF LIABILITY;

 

THE WEBSITE, ITS CONTENTS, AND ANY LINKS PROVIDED IN THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS, AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT ARISE OUT OF ITS USE. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES,  DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ATTORNEYS’ FEES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH DAMAGES WERE FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

 

MODIFICATION OF TERMS OF USE

We may amend these Terms of Use at any time by updating this posting. Any and all relevant portions of these Terms of Use will apply automatically to all such modifications, improvements, deletions, and/or amendments as they appear on the Website. It is your sole responsibility to check the Website from time to time to view any such changes in this Agreement. Your continued use of the Website or the service signifies your agreement to our revisions to these Terms of Use.

 

GENERAL TERMS

If any part of this Terms of Use Agreement is held or found to be invalid or unenforceable, that portion of the Agreement will be construed as to be consistent with applicable law while the remaining portions of the Agreement will remain in full force and effect. Any failure on our part to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement survive any transfer or termination of this Agreement.

 

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

These Terms of Use and your use of the Website shall be governed by and construed in accordance with the federal laws of the United States of America and the laws of the State of Indiana, without regard to conflict of law provisions. Any disputes arising from this Website Terms of Use Agreement shall be subject to the exclusive venue of the State or Federal courts located within the Southern District of Indiana.

 

We may assign or delegate these Terms of Use and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.