Terms and Conditions of Use

Welcome to the Green Button Data Web site located at www.greenbuttondata.org (the "Web site"). The Web site is owned and operated by EnerNex. The following are the Terms and Conditions of Use for the Web site (the "Terms and Conditions").

BY USING THE WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEB SITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEB SITE AND ANY AFFILIATE WEB SITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.

Compliance with Law

Users of the Web site shall abide by all applicable international, federal, state and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.

Disclaimer of Warranties and Limitation of Liability

The content provided on the Web site is presented as a courtesy to be used only for informational purposes and is not represented to be error free. EnerNex makes no representations or warranties of any kind with respect to the Web site or its content, such representations and warranties being expressly disclaimed. EnerNex does not warrant that the Web site or the server(s) that make the Web site available are free of viruses or other harmful components.

Moreover, EnerNex does not represent or warrant that the content of the Web site is accurate, complete or current for any specific or particular purpose or application. By way of example and not of limitation, EnerNex does not represent or warrant that any of the organizations listed as having taken the Green Button? pledge will in fact implement practices that are consistent with the Green Button standards as promulgated by the White House OSTP and the UCA International Users Group. The Web site is not intended to provide, nor should anyone consider that the Web site provides, legal, accounting, tax or other advice. In addition, EnerNex is not endorsing or recommending the use of the means or methods contained on or through the Web site for any special or particular purpose.

In no event will the Foundation or any of its officers, trustees, employees, agents or contractors (collectively, "Representatives") be liable for any damages-whether direct, indirect, special, general, consequential, for alleged lost profits or otherwise-that might result from any use of or reliance on materials or links made available on or through the Web site.

Links to Other Web Sites. From time to time, the Web site may contain links to other Web sites that are not owned, operated or controlled by EnerNex. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web site. We are not responsible for any content, materials or other information located on or accessible from any other Web site, nor any products or services that you buy from that Web site or any donations made through that Web site. We do not endorse, guarantee or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the products or services that you may obtain from using any other Web sites or how any donations you make through such Web sites will be used. If you decide to access any other Web sites linked to or from this Web site, you do so entirely at your own risk.

Intellectual Property

Copyright and Ownership. All of the content featured or displayed on the Web site, including without limitation text, graphics, photographs, images, moving images, sound and illustrations (collectively, "Content"), is owned by EnerNex, its licensors, vendors, agents, and/or content providers, as applicable. All elements of the Web site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. EnerNex reserves the right to track the usage of Content.

Except as may be otherwise indicated in specific documents within the Web site, you are authorized to view, play, print, and download documents, audio and video found on the Web site for personal, informational and noncommercial purposes only. You may not modify any of the materials, and, except as set forth below, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web site. You will not remove any copyright, trademark or other proprietary notices from Content found on the Web site.

Text materials on the Web site may be used, downloaded, reproduced, publicly displayed or reprinted for personal or noncommercial purposes provided that the following attribution appears in all copies: "Reproduced with permission of the Office of Science and Technology Policy, Washington, D.C." Permission to reproduce text materials for commercial application (e.g., book publishing) must be obtained from EnerNex in writing.

Unless we have expressly made a file available for download, prior permission to use, download, reproduce, publicly display or republish any of the non-text materials on the Web site (e.g., software, graphic images, video and audio files) must be obtained from the Foundation or any other designated copyright owner, as applicable.

In using Content in accordance with these Terms and Conditions, you may not (1) state or imply that th e OSTP is endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or (2) represent that you or your organization has a relationship with the Foundation or any of the events, products or servi ces that EnerNex provides unless that relationship is the subject of a written agreement that has been signed by EnerNex.

You will not access any Content from the Web site through any technology or means other than the pages of the Web site itself, the Embeddable Player (as defined below), the Widgets (as defined below) or such other explicitly authorized means as EnerNex may designate.

Trademarks. All trademarks, service marks and trade names of the Foundation that may be used in the Web site (including, but not limited to, the EnerNex name and the EnerNex logo) (collectively, the "Marks") are trademarks or registered trademarks of EnerNex or its licensors, vendors, agents and/or content providers. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Web site, without EnerNex's prior written consent. The use of the Marks on any other Web site or network computer environment is not allowed.

Access and Interference

You agree not to circumvent, disable or otherwise interfere with security-related features of the Web site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Web site or the Content therein.

You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the Web site automatically.

Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Web site or any activities conducted on the Web site; or (c) bypass any measures we may use to prevent or restrict access to the Web site.

Indentification

You agree to indemnify, defend and hold harmless the Foundation and the Representatives from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your use of the Web site, any assistance or services provided by us or the Representatives to you, any alleged unauthorized use of the Web site by you, or any breach or alleged breach by you of these Terms and Conditions. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms and Conditions.

Release

In the event that you have a dispute with one or more other users of the Web site, you release EnerNex and Representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Applicable Law and Jurisdiction

The site is controlled and operated from EnerNex's offices in Knoxville, TN. By accessing the site, you agree to be bound by the terms and conditions of this agreement which is governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any conflict of laws principles. All activity occurring in connection with the site (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of Tennessee.

In connection with any suit, action or proceeding arising from or relating to these Terms and Conditions, you consent to the jurisdiction of the federal and state courts within the State of Tennessee.

Electronic Communications; Binding and Entire Agreement

You agree that (a) these Terms and Conditions constitute an agreement "signed by you" under applicable law; (b) any notices or other communication regarding your use of the Web site may be provided to you electronically (by posting on the Web site, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution. These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and EnerNex and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and Conditions and all documents or notices relating to them and your use of

Severability

If any of these Terms and Conditions is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms and Conditions will be enforceable to the fullest extent permitted by law.

No Waiver

EnerNex's failure to enforce these Terms and Conditions in every instance in which they might apply is not a waiver of any of EnerNex's rights, and the Foundation reserves its right to take all legal steps available to enforce these Terms and Conditions.

Termination

We reserve the right to terminate the Web site and/or these Terms and Conditions at any time without notice for any reason, including, in the case of these Terms and Conditions, for your violation of any of its provisions. The Disclaimer of Warranties and Limitation of Liability, Indemnification, Release and Applicable Law and Jurisdiction provisions of these Terms and Conditions shall survive any such termination.