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General Terms & Conditions

General Terms & Conditions

(Updated 9/5/09)

1. Contract. By visiting the Site you are entering into a contract with Decent Energy as outlined in these General Terms. If you do not agree to these General Terms then you may not Use the Site.

2. Definitions

Decent Energy”, “DE”, “we’ , or “us” means Decent Energy, Inc., a Massachusetts corporation with a principal place of business at 4745 W 136th St, Suite 10, Leawood, KS 66224.

Content” means all works authored by Decent Energy, its employees or consultants, including collection and arrangement of all articles, layouts, designs, artwork, surveys, blogs, recordings and other offerings that Decent Energy makes available through the Site.

General Terms and Conditions”, or “General Terms means these general terms and conditions for the Use of the Site and any business dealings you may have with Decent Energy, as may be adopted and amended by Decent Energy, Inc., from time to time and posted to the Site.

Marks” means all trade marks, trade dress, service marks, and service dress.

Site” means this web site, the primary domain of which is www.decentenergy.com, and its sub-domains, forwarding domains, and related urls, the Marks, and Content.

Supplemental Agreement” means any (a) registration agreement Decent Energy adopts for the registered users of the Site, (b) Decent Energy sales order containing supplemental terms and conditions that are accepted by you without modification, or (c) an integrated written agreement signed by both parties. The term “Supplemental Agreement” specifically excludes email exchanges and discussion or conversation.

Use” executing, copying, performing or displaying, creating collective or other derivative works based upon, or distributing any Content or Marks or obtained through this Site, or the exercise of any proprietary right through the Site.

You” refers to you individually, and in a representative capacity for any persons, businesses, or other affiliates, whether or not having a distinct legal existence, that makes “Use” of the Site, Content and or Marks through or as a result of your efforts.

3. Updates. We may update these Terms at any time, and the current version posted on the Site will supersede any prior versions. Absent entering into a Supplemental Agreement, you are not entitled to rely on us not changing these Terms or the provisions.

4. Identification of Marks. The marks “Decent Energy” (text and or logo), Decent Energy Supply (text or logo), DE Licensing & Consulting (text and or logo), “DE’s Cambridge Clean Energy Incubator” (text and or logo), are the services marks of Decent Energy, Inc. Certain other marks of other third parties are used on the site, and we have made an effort to identify the marks, and their respective holders in context. All good will relating to Decent Energy’s Marks shall inure solely to Decent Energy, Inc. All good will relating to third party Marks shall inure solely to their respective holders.

5. Limited License. Subject to the Terms, you have a revocable right to access the Site and review our Content for the limited purposes of, and to the limited extent necessary to:

(i) deciding whether or not you want to follow up with us regarding a possible business relationship as vendor, customer, partner, or installing contractor (through a subcontract or as an Installer-Dealer);

(ii) for your general information in educating yourself about the role that efficiency measures and renewable resources may play in addressing your energy needs within your own household or business (but not in connection with the development or marketing services or goods to others), or

(iii) as a teaching resource as a part of conducting non-commercial educational programs through non-profit or community organization.

You may make a limited number of copies of printed Content as reasonably necessary to accomplish the forgoing grants.

6. Reservation of Rights; Restrictions. No Use of the Site, Marks, or Content is permitted except as explicitly granted by these Terms.  Any use, display, reproduction or distribution of the Content, Marks, or the Site not specifically granted under Section 5 is expressly prohibited. Decent Energy reserves all rights with respect to any breach of these General Terms by you. Without limiting the other remedies available to it, if you violate the prohibitions of the preceding sentence then Decent Energy shall be entitled to injunctive relief without the necessity of posting a bond. Certain of the Content or Marks are displayed on or accessed through the Site are licensed to Decent Energy by third parties. As intended third party beneficiaries of the provisions of these Terms of Agreement, Decent Energy’s licensors shall be entitled to enforce their rights in their Content or Marks independently.

7. Specific Prohibitions. In keeping with the restrictions identified under Section 6, and not by way of limiting the generality of the prohibitions contained there:

(a) You may not link your web site or any third party web site to this Site or any Content posted on this Site, whether accomplished by hyperlinks, deep links (if you want to link to this Site or any Content on it, please send us your request to \n This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it , and we will try to address your request within a week from the date we receive it);

(b) You may not include us, the Site, our Marks or any Content in a web directory;

(c) You may not make use of the Site or any of or Marks as meta-tags, or advertising key words in connection with any web site you own, control, or maintain.

(d) You may not create your own versions of the Marks;

(e) You may not access the Site through use of bots;

(f) You may not make use of the Site as a tool in implementing your own license to third party Marks or Content displayed on the Site. (By way of illustration, and not limitation, if you participate in the Home Performance With ENERGY STAR program then certain third party Content under your own agreement that may confer rights akin to those exercised by Decent Energy. However, you are not entitled to take Content off of the Site or link to the Site to assist you in implementing your own license.)

8. Privacy Policy. On every page of the Site, you will find a link to our Privacy Policy, which is also a part of these General Terms.

9. Warranty Disclaimer. Except as we may agree under a Supplemental Agreement your use of any Content on this Site, including any reliance on Content obtained through the site is on an “AS IS”   basis, and WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER OR NOT IMPLIED, AS TO THE CONTENT AND ANY INFORMATION CONTAINED IN IT.

10. Limitation of Liability; Disclaimer of Consequential Damages. In no event shall Decent Energy have any liability to you in excess of the amounts actually remitted to you for goods or services that are the Subject of a Supplemental Agreement, less any unpaid amounts due thereunder. IN NO EVENT SHALL DECENT ENERGY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

11. Unsolicited Submissions. We do not accept unsolicited disclosures of confidential intellectual property, technology or business information. Any interest in having us review any intellectual property, technology or business confidential information should be summarized in a non-confidential way in a submission to \n This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it . If you choose to make a submission, suggestion or disclosure without our undertaking through a Supplemental Agreement of confidentiality and/or restricted use, then you shall be deemed to have provided us the submission, suggestion or disclosure on a non-confidential, unrestricted basis.

12. Compliance. We do not offer legal services, act as a “finder” or broker-dealer in securities transactions, offer any commodity futures, securities transactions, or franchising arrangements. In no event shall you either make use, or attempt to make use of the Site, Content or Marks, or any products or services obtained through Decent Energy in connection with activities that violate (a) export laws and regulations of the United States of America (including those applicable to dual use technology), (b) anti-money laundering laws and regulations, or (c) other applicable law or regulation.

13. Jurisdiction and Venue. The state and federal courts of competent jurisdiction located within the State of Kansas and the Commonwealth of Massachusetts shall have co-exclusive jurisdiction with respect to any action brought by you against Decent Energy for any transaction or occurrence relating to these General Terms.  Decent Energy shall be entitled to bring an action to enforce these General Terms as otherwise appropriate in any transaction or occurrence in state, federal or foreign courts of competent jurisdiction throughout the world. By using the Site you waive objection to venue whether based on forum non conveniens, or otherwise.

14. Specific Enforcement; Attorneys Fees. We are entitled to specifically enforce the provisions of these terms. We shall be entitled to attorneys’ fees and court costs associated with any action to stop you from violating the prohibitions of these General Terms. All remedies provided for hereunder are cumulative and not in lieu of additional rights and remedies that may be available to Decent Energy.

15. Notices. Any notices to us shall be directed to the Attn: Executive Officer our Headquarters as we identify it on the “Contact Us” page of the site, which we may modify from time to time.  For the purpose of notifying you we may rely upon any information provided to us by you in the course of registering on the Site, posted on your web site, or last identified in filings by you with the applicable Secretary of State.

16. Captions and Headings. The captions and headings of the General Terms are for ease of reference and shall not be given any interpretive effect.

17. Severability. In the event that a court determines any provision of these Terms invalid or unenforceable, such provision shall be severable from the balance of these terms to the limited extent of any such invalidity or unenforceability. In the event of any invalidity or unenforceability of these General Terms, a court of competent jurisdiction shall be entitled to adjust these General Terms with respect to the case then in controversy so as necessary to give effect to the intent of the offending provision.

18. Complete Agreement. Except as may later be provided through a Supplemental Agreement, the General Terms represent the full and complete agreement between you and Decent Energy, and supersedes any and all prior writings, understandings or agreements, except to the limited extent that the same constitute Supplemental Agreements hereunder. Use of the Site by you is acceptance of these General Terms as an agreement made under seal pursuant to the laws of the Commonwealth of Massachusetts. No amendment or waiver of these General Terms is binding except as Decent Energy may agree in writing.

 

 

 
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