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EBA Terms of Use

By accessing or using any of the Energy Bar Association ("EBA") Internet properties including, without limitation, any site containing the URL: www.eba-net.org, and any other websites operated by the EBA from time to time (collectively referred to as the "EBA Websites") you agree to comply with and be bound by these Terms of Use ("Terms of Use") Please read these Terms of Use carefully as well as the EBA's Privacy Policy which is incorporated herein by reference. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately terminate use of the Websites.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the EBA Websites conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the EBA Websites and the EBA Content (as defined below, Section 9) for your noncommercial personal use and for no other purpose. EBA reserves the right to bar, restrict or suspend any user's access to the EBA Websites, and/or to terminate this license at any time for any reason. EBA reserves any rights not explicitly granted in these Terms of Use.

2. License Restrictions. Unless otherwise expressly stated in these Terms of Use or you receive EBA's prior written consent, you may not modify, translate, create derivative works of, copy, distribute, market, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical), the EBA Websites, any EBA Content (as defined below, Section 9), or any portion thereof. Further, you may not (i) use the EBA Websites for any unauthorized or illegal purpose or activity including, but not limited to, any activity to obtain or attempt to obtain unauthorized access to the EBA Websites, including EBA Content; (ii) interfere with the proper working of the EBA Websites including, but not limited to, the transmission of any virus, worm, trap door, back door, timer, clock, Trojan horse, or other limiting routine, instruction or design; or (iii) interfere with any other person's use and enjoyment of the EBA Websites.

3. Your Acceptance; Revisions to Terms of Use. The EBA Websites are available only to individuals who can enter into legally binding contracts under applicable law. These Terms of Use constitute a legally binding agreement between you and the EBA regarding your use and access to the EBA Websites. By using the Websites you agree to the Terms of Use.

EBA reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the EBA Websites. Your use of the EBA Websites signifies your acceptance of all the terms and conditions contained within the Terms of Use posted at the time of your use. You will be responsible for regularly reviewing the Terms of Use posted to the EBA Websites. No revision to these Terms of Use, including to the Arbitration provision set forth in Section 22, shall apply to a controversy or claim of which had actual notice on or before the date of any such revision.

4. EBA Policies; Additional Terms and Conditions. EBA's Privacy Policy, as well as other additional terms and conditions applicable to certain portions of the EBA Websites (collectively "Additional Terms and Conditions") are incorporated herein by reference. For instance, the Terms of Use for EBA Websites which allow users to post comments and participate in discussion boards will apply to users of those services in addition to these Terms of Use.  To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern. 

5. Click-Through Agreements. Before using certain areas of the EBA Websites you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept" "I Agree" "Okay" "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms of Use and any Click-Through Agreement for the activity in which you choose to participate, the Click-Through Agreement will govern.

6. Personal Login Information. Certain features and areas of the EBA Websites are available only with registration or a login, or an EBA membership. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer.  Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. EBA is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact the EBA immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.

7. Privacy Policy. For information about EBA's data protection practices and EBA's use and protection of your personal information, please read EBA's Privacy Policy which is incorporated into and made a part of these Terms of Use.

8. User Obligations. You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the EBA Websites and not interfere with the use and enjoyment of the EBA Websites by other users or with EBA's operation and management of the EBA Websites. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the EBA Websites, including, without limitation, information required to be provided through an EBA Website registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, EBA reserves the right to terminate your access and use of the EBA Websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the EBA Websites, or defame or otherwise harm any party, including EBA, through your use of the EBA Websites.

9. Proprietary Rights. The content of the EBA Websites includes, without limitation, (i) EBA's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "EBA Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the EBA Websites (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "EBA Content"). EBA Content is the property of the EBA, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any EBA Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the EBA or the owner of such content if the is not the owner.  For reprints, contact the EBA here.  Any use of the EBA Marks without EBA's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the EBA Content, including any such notices appearing on any EBA Content you are permitted to download, transmit, display, print, or reproduce from the EBA Websites.

10. Responsibility for Use of the Internet and Websites and Exclusion of Liability. Use of the Internet and the EBA Websites is solely at your risk and is subject to, without limitation, all applicable local, state, national and international laws and regulations. Unless expressly required by law, the EBA does not guarantee the confidentiality or security of any communication or other material transmitted to or from the EBA Websites over the Internet or other communication network. EBA shall not be obligated to correct or update the EBA Websites or the EBA Content and shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the EBA Websites.

11. No Legal Advice and Disclaimer as to Accuracy of Information. The information on the EBA Websites and EBA Content are for informational purposes only, and is not legal advice or a substitute for legal counsel.

The information contained in the EBA Websites and EBA Content may or may not reflect the most current legal developments; accordingly, information on the EBA Websites are not promised or guaranteed to be correct or complete, and should not be relied upon as such. As legal advice must be tailored to the specific circumstances of each case, nothing provided on the EBA Websites or the EBA Content should be used as a substitute for advice of competent counsel. The materials on the EBA Websites and EBA Content do not constitute legal advice and do not necessarily reflect the opinions of the EBA.

12. Third Party Information. The EBA Websites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the EBA Websites are those of the respective third party and not of EBA or its affiliates. EBA makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.

13. Notice For Claims Of Intellectual Property Or Copyright Infringement; Agent For Notice Of Infringement.  The EBA respects the intellectual property of others, and, particularly as to user generated content in comments and on discussion boards, as applicable, we ask our users to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the EBA’s Copyright Agent the following information: 

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located on the site;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is     not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.  

The EBA’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

            By mail:
            Energy Bar Association
            Attn: Lisa A. Levine, CAE
            Executive Director
            1990 M Street, NW
            Suite 350
            Washington, DC 20036

            By phone: (202) 223-5625
            By fax: (202) 833-5596
            By email:
EBAadmin@eba-net.org

14. Advertisers. The EBA Websites may contain advertisements of third parties. The inclusion of advertisements on the EBA Websites does not imply endorsement of the advertised products or services by EBA. EBA shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the EBA Websites. Further, EBA shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the EBA Websites. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.

15. Links to Third Party Websites. The EBA Websites may provide links (including any link through an on-line banner advertisement) to other sites on the Internet for your convenience. These other sites are maintained by third parties over which exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the EBA Websites, you do so entirely at your own risk.

16. Links to Websites, Content, Sharing of Content. Links posted by third parties to the EBA Websites and/or EBA Content may not use the EBA trademark or logo and shall not suggest that EBA promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, Websites, content, or information. Any links to any portion of the EBA Websites shall be the responsibility of the linking party. EBA reserves the right to require any linking party to disable or remove any link that violates EBA's policies, rights or causes interruption or deterioration of EBA Content. 

Sharing of Content.  You may download or copy EBA Content and other downloadable items displayed on the EBA Websites for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any EBA Content for other than personal use is expressly prohibited without prior written permission from, or the copyright holder identified in the copyright notice contained in the EBA Content.

17. Warranties Disclaimed. THE WEBSITES AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER EBA, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, MEMBERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, CONTRACTORS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "EBA PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE EBA WEBSITES OR EBA CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE EBA WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EBA WEBSITES WILL MEET YOUR EXPECTATIONS; OR (iv) EBA CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE EBA WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

18. Exclusion of and Limitation of Liability. THE EBA PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE EBA WEBSITES AND/OR ANY EBA CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE EBA WEBSITES AND/OR EBA CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE EBA WEBSITES, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE EBA WEBSITES; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EBA WEBSITES; (vii) FROM ANY DELAY OR FAILURE OF THE EBA WEBSITES ARISING OUT OF CAUSES BEYOND EBA'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE EBA CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE EBA WEBSITES; (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITES; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE EBA WEBSITES OR EBA CONTENT.

IN THE EVENT YOU ARE DISSATISFIED WITH, OR DISPUTE, THESE TERMS OF USE, THE EBA WEBSITES AND/OR THE EBA CONTENT, YOUR SOLE RIGHT AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE EBA WEBSITES, EVEN IF THAT RIGHT OR REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE. YOU CONFIRM THAT HAS NO OTHER OBLIGATION, LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PARTY.

19. Exclusions permitted by law. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 17 AND 18 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND EBA'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the EBA Parties from and against all claims arising from or in any way related to your use of the EBA Websites and/or EBA Content, a violation by you of these Terms of Use, or any other actions connected with your use of the EBA Websites and/or EBA Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys fees. EBA will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the EBA Parties other than under this Section.

21. Term and Termination. These Terms of Use will take effect at the time you begin using the EBA Websites. EBA reserves the right, with or without notice, at any time and for any reason to deny you access to the EBA Websites or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Use at any time by ceasing to use the EBA Website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the EBA Websites, including any EBA Content, in your possession.

22. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Chicago, IL. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. EBA reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the District of Columbia.

23. Governing Law. These Terms of Use and all matters regarding your use of the EBA Websites shall be governed by, construed in accordance with, and enforced under the laws of the District of Columbia applicable to contracts made and executed and wholly performed in the District of Columbia, without regard to choice of law principles. Neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. Printed copies of any and all agreements and/or notices in electronic form shall be admissible in any legal, investigative or regulatory proceedings.

24. Waiver and Severability. The failure of EBA to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

25. Complete Agreement. These Terms of Use, together with any revisions. any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the EBA relating to the EBA Websites and its use by you, and supersedes any previous written or oral communication regarding use of the EBA Websites. The EBA Websites are intended to be consistent with and in furtherance of the EBA's policies adopted by the EBA Board of Directors.

26. Contact Information. If you have any questions or concerns regarding these Terms of Use or the EBA Websites, please visit our "Contact Us" page.

27. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the EBA Websites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

28. Use of Websites and Content outside of the United States. EBA makes no claims regarding access or use of the EBA Websites or the EBA Content outside of the United States. If you use or access the EBA Websites or the EBA Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms of Use.

Revised December 5, 2011


 

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2000 M St., N.W., Suite 715 | Washington, D.C. 20036

Phone: (202) 223-5625 Fax: (202) 833-5596 E-mail: admin@eba-net.org

© 2014 : PRIVACY POLICY TERMS OF USE


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