Terms of Use and Privacy Policy

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of Elevate Energy’s website (the “Website”) is expressly conditioned on your acceptance of the following ”Terms of Use”. By using the Website, you signify your assent to these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use the Website.

1. OWNERSHIP. Except for items in the public domain, the information and all other materials comprising the Website (collectively, the “Materials”), are wholly owned by (or licensed to) Elevate Energy and/or its content providers. The Website contains copyrighted material, trademarks, and other proprietary information. Elevate Energy owns a copyright in the selection, coordination and arrangement of the Website. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of Elevate Energy or such other party that may own the Materials.

2. USE OF WEBSITE. Except for your non-commercial personal use, the Website may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the Website and/or the Materials, in whole or in part, may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials. The use of the Materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

By uploading or otherwise submitting a file or other information (”Contribution”) to the Website, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to Elevate Energy a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, view, print and display the Contribution for that user’s personal use.

3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are financially responsible for all uses of the Website by you and those using your login information.

4. ACCOUNT ACCESS. You agree that you are solely responsible for maintaining the integrity of your online account access user ID and password. You further agree to only establish online account access for your own account(s) or for those accounts to which you have been granted express permission to access. Elevate Energy is not liable for damages or losses incurred by either the account owner or the user in the event that a user establishes account access to an account which is not his/hers and for which he/she has not been granted permission to access by the account owner.

5. PRIVACY. You have read, and agree to the terms of, the Elevate Energy Privacy Policy, the terms of which are incorporated herein. You consent to the use of your personal information by Elevate Energy and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Elevate Energy Privacy Policy.

6. NO WARRANTIES AND LIMITATION OF LIABILITY. Your use of the Website is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files, data or other material (including software) obtained through the Website. Elevate Energy strives to ensure the accuracy of the information presented on the Website, however, due to circumstances beyond Elevate Energy’s control we cannot guarantee the accuracy of all information. For this reason, neither Elevate Energy nor any of its affiliates, subsidiaries, business units or content providers can guarantee the accuracy, truthfulness or reliability of any information provided on or by means of the Website.

THE WEBSITE AND THE CONTENT PROVIDED HEREON IS PROVIDED “AS IS”, AND NEITHER ELEVATE ENERGY NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION OF THE WEBSITE OR ANY MATERIALS. No oral advice or written information given to you by Elevate Energy or any of its affiliates, subsidiaries, business units, content providers, employees, agents, or the like shall create any warranty. Neither Elevate Energy nor any of its content providers, agents, or the like warrants that access to, or use of, the Website will be uninterrupted, virus-free, or error-free, or that the Website (including, without limitation, any content on the Website) will meet any particular criteria of performance or quality. ELEVATE ENERGY, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT ELEVATE ENERGY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE. FURTHERMORE, ELEVATE ENERGY, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE.

7. LIMITATION OF LIABILITY. Elevate Energy and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable for (a) any damages of any kind including, without limitation, direct, indirect, incidental, consequential and/or special damages, arising out of your use of, or inability to use, the Website, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Elevate Energy has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, Elevate Energy and each of its affiliates, subsidiaries, business units, content providers, licensors, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.

The provisions of this Section 7 and Section 6 above represent a reasonable allocation of the risks under these Terms of Use. Elevate Energy’s willingness to allow you to use the Website reflects this allocation of risk and the limitations of liability specified herein.

8. INDEMNIFICATION. You agree to indemnify Elevate Energy and each of its affiliates, subsidiaries, business units, content providers, licensors, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of the Website including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.

9. LINKS. The Website may contain links to websites operated by parties other than Elevate Energy. Such links are provided for your reference only. Elevate Energy does not control such websites and is not responsible for their contents. Elevate Energy makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Website’s inclusion of links to other websites does not imply Elevate Energy’s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

10. GOVERNING LAW. These Terms of Use are and shall be governed by the laws of the state of Illinois, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Cook County, the state of Illinois, United States of America, in all questions and controversies arising out of your use of this Website and these Terms of Use.

11. NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct or trade practice between you and Elevate Energy shall modify any provision of these Terms of Use.

12. MODIFICATION. Elevate Energy may at any time modify these Terms of Use and your continued use of this Website will be conditioned upon the terms of use in force at the time of your use.

13. ADDITIONAL TERMS. Additional terms and conditions may apply as set forth elsewhere on other portions of the Website. Such additional terms and conditions are incorporated into these Terms of Use, and you agree to abide by such other terms and conditions.

14. SEVERABILITY. These Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

15. INTELLECTUAL PROPERTY NOTICES. All contents of the Website are Copyright © 2014 Elevate Energy and/or its suppliers. All rights reserved. Product and company names mentioned in the Website are the trademarks of their respective owners.

16. ENTIRE AGREEMENT. These Terms of Use, together with those terms incorporated herein by reference or otherwise referred to herein constitute the entire agreement between you and Elevate Energy relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.

Privacy Policy

Elevate Energy is committed to protecting your privacy. This Privacy Policy explains our information gathering and dissemination practices for the Elevate Energy website (the “Website”). If you have questions or concerns regarding Elevate Energy’s Privacy Policy, please email Elevate Energy at info@elevateenergy.org.

1. WHAT INFORMATION IS COLLECTED. We collect a limited amount of personal information from you in certain areas of the Website for various reasons. The following is a description of what information is collected:

Registration Information. Registration may be necessary to use certain areas of the Website. When you register at the Website, we ask you for a few items of personal information. All of this information is used to deliver a more personal and pertinent experience for users of the Website.

IP Addresses. An IP address is a number assigned to your computer when you connect to the Internet. As part of the protocol of the Internet, web servers can identify your computer by its IP address. In addition, web servers may be able to identify the type of browser and/or type of computer you are using. Elevate Energy collects IP addresses and related information for the purposes of system administration, to assess the traffic to the Website and to maintain and improve the Website. We do not link IP addresses to your personally identifiable information. We can and will use IP addresses, however, to identify a user when we feel it is necessary to enforce compliance with our Website Terms of Use or to protect our service, the Website, customers or others.

Use Of Cookies. Cookies are small bits of information that some websites (including the Website) transfer to an individual’s hard drive for research purposes. Elevate Energy uses cookies to analyze the traffic, such as total visitors and pages viewed on the Website, and make improvements based on the data we collect. Elevate Energy never saves passwords or credit card information in cookies. The use of cookies has become a standard in the industry, especially at websites that provide any kind of personalized service. Most browsers are initially set up to accept cookies. You can usually set your browser to refuse cookies or indicate when a cookie is being sent. If you refuse cookies, you may not be able to use some of the functionality of the Website. The Website’s advertisers and other partners may also use cookies in connection with the services and websites to which the Website links. We do not control these cookies.

2. WHO IS COLLECTING THIS INFORMATION. Elevate Energy collects the information described above via the Website. In the case of third-party features such as advertising, co-branded areas or links to other websites, such third parties may also collect information. You should review the applicable privacy policies of these third parties before providing personally identifiable information. Elevate Energy is not responsible for any actions or policies of such third parties.

3. HOW COLLECTED INFORMATION IS USED. In General. Elevate Energy uses registration information to learn more about how visitors use the Website and to measure areas of interest. This allows Elevate Energy to build features and functionality that will enhance your Website experience. Elevate Energy may also use your email address to send you information about new features and services, to share information about energy conservation programs and to provide you with conservation tips, or to send you information about special offers from Elevate Energy’s partners, unless you indicate on the registration screen that you do not wish to receive this type of information.

We might also use this information to respond to emails, provide customer support, enforce the Website Terms of Use or other similar matters. Aggregate information is also used to help us run and maintain the Website, study traffic patterns and generally learn about the usage of the Website.

Unrelated Companies. Elevate Energy occasionally shares limited customer information with companies we hire to provide operational, marketing, or advertising support, companies that help us distribute our products and services, or companies that provide products and services we want to offer. The companies we choose must satisfy our security and privacy requirements. We share your information with these companies only if they agree to treat it confidentially and only if it is legally permissible to do so. We limit the information we provide these companies to what we reasonably believe they need to know in connection with their agreement with Elevate Energy and we don’t permit them to use our customer information for any purposes outside our oversight or control.
Government Authorities and Litigation. Sometimes a law, court order, or other judicial or administrative process requires us to provide information to a government authority or party to a lawsuit. We will provide the information that we in good faith believe is required to comply with the law, order, or other process. We may also have to disclose certain information in court documents if we have to bring an action against you, for example, to collect a debt you owe us.

4. CHOICES IN THE COLLECTION, USE AND DISTRIBUTION OF INFORMATION. At the time of registration, you may be given a choice whether you want to receive information about new features, events, offers and special coverage on the Website and about special offers from Elevate Energy’s partners. When you register, you must click in a box if you do not want to receive either type of information. Unless you affirmatively choose not to receive these materials, your registration information may be used to send you this information. You may later opt out of receiving such information.
It is important to know that you may inadvertently provide personally identifiable information to third parties through your postings to an online forum or participation in a chat session and we have no way to limit their use of the information you may provide. Please keep in mind that, whenever you give out personal information online (for example, in forums, message boards or chat sessions), any of that information can be collected and used by people you don’t know. While we strive to protect our users’ personal information and privacy, we cannot guarantee the security of any information you voluntarily disclose online. Your disclosure in that manner is at your own risk.

5. WITH WHOM THE INFORMATION MAY BE SHARED. Except for your choices described above, we will not knowingly disclose or authorize the disclosure of personally identifiable information (other than aggregate statistical information) to any third party without your consent unless: (1) we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may have breached our Website Terms of Use or who may be causing injury to or interference with (either intentionally or unintentionally) Elevate Energy’s rights or property, other Website users, or anyone else who could be harmed by such activities; or (2) we believe in good faith that the law requires it.

6. CHILDREN UNDER THE AGE OF 13 YEARS. In accordance with the Children’s Online Privacy Protection Act (COPPA), Elevate Energy will not knowingly collect or accept personally identifiable information from a child under the age of 13 without a parent or guardian’s prior consent. Elevate Energy will also allow the parent or guardian of a registered user under the age of 13 to review, update, change, delete or refuse to permit further collection of any and all information collected by the Website. A child’s personally identifiable information will be treated with the same care and respect as an adult’s information. To change, update, review, delete or refuse to permit further collection of your child’s information, please email Elevate Energy at info@elevateenergy.org.

7. LINKS TO OTHER WEBSITES. While you are using the Website, you may be linked or directed to other third-party websites outside the Website that are beyond Elevate Energy’s control. Each of these third parties may have a privacy policy different from that of Elevate Energy. Elevate Energy is not responsible for any actions or policies of such third parties. You should review the applicable privacy policies of these third party websites before providing personally identifiable information.

8. HOW YOU MAY CHANGE, CORRECT YOUR REGISTRATION INFORMATION. If you want to change, correct, update or delete your registration information, please email Elevate Energy at info@elevateenergy.org. This provision applies only to registration information collected via the Website.

9. SECURITY PROCEDURES WE USE. We are very concerned with the security of your personally identifiable information and take great care in providing secure transmission of your information from your computer to our servers. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee the security of any information you transmit to us.

Once we receive your information, we take appropriate steps that we believe are reasonable to protect the security of your data on our system, both internally and from outsiders, and to ensure the integrity of the data we collect. We use a combination of technological and policy methods to protect this data. You are responsible for maintaining the secrecy of your passwords and any account information. Please be aware that Elevate Energy will never ask you for your password in an unsolicited phone call or email.

10. CHANGES IN THESE TERMS. We may change this Privacy Policy from time to time and will post notices on the Website at the time of any material changes to this Privacy Policy. Your continued use of the Website following the posting of changes to this policy will mean you accept those changes.