Use of AGENTIS ENERGY Service
It is necessary to register in order to visit this website. You will need to log into the Service using the information provided by your utility to access your account information and services and information specific to your account. Logging in gives you access to the current and future services and functionality that we establish and maintain. AGENTIS ENERGY will innovate and change the Service periodically to ensure the best experience for our users. You acknowledge and agree that the form and nature of the services may change without prior notice to you.
You are solely responsible for all activity that occurs on your account. You agree to keep your credentials secure, and to notify AGENTIS ENERGY immediately of unauthorized use of your account or security breach. AGENTIS ENERGY will not be liable for any losses caused by any unauthorized use of your account. You may never use another Member's account without permission.
You may be offered the opportunity to define your Member profile and how you interact with the Service by changing your account settings. By providing AGENTIS ENERGY your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including monthly summary emails, personalized recommendations, or changes to features of the Service. You may opt out of receiving some emails, or change your preferences and account profile, however opting out may prevent you from receiving important information.
You agree to use the services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to access (or attempt to access) any of the services by any means other than through the interface that is provided by AGENTIS ENERGY, unless you have been specifically allowed to do so in a separate agreement with AGENTIS ENERGY. You specifically agree not to access (or attempt to access) any of the services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the services.
You agree that you will not engage in any activity that interferes with or disrupts the services (or the servers and networks which are connected to the services).
Unless you have been specifically permitted to do so in a separate agreement with AGENTIS ENERGY, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the services for any purpose.
All aspects of the Service are subject to change or elimination at AGENTIS ENERGY's sole discretion. AGENTIS ENERGY reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that AGENTIS ENERGY will not be liable to you for any interruption of the Service, delay or failure to perform.
You are solely responsible for your interactions with other AGENTIS ENERGY Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. AGENTIS ENERGY shall have no liability for your interactions with other Users, or for any User's action or inaction.
Our Proprietary Rights
The services and software, the information and materials made available through the website and all software used to make the website and web services available are and shall remain the property of AGENTIS ENERGY or its licensors, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as otherwise expressly authorized in writing in advance by AGENTIS ENERGY, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any services or software, all or any part of the site, or any materials made available through the site.
You may submit comments or ideas about or through the Service ("Ideas"), including without limitation about how to improve the Service or our products. By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place AGENTIS ENERGY under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, AGENTIS ENERGY does not waive any rights to use similar or related ideas previously known to AGENTIS ENERGY, or developed by its employees, or obtained from sources other than you.
This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the site infringe your copyright, you (or your agent) may send The AGENTIS ENERGY a notice requesting that The AGENTIS ENERGY remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send The AGENTIS ENERGY a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to: Attn: DMCA Notice AGENTIS ENERGY, Inc. 776 N. Oaklawn Ave, Elmhurst, IL 60126
Details are available at http://www.copyright.gov/onlinesp/.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there are penalties for false claims under the DMCA.
Recommendations and Services of the Website
AGENTIS ENERGY provides its recommendations and informational services on this website on the basis of information provided by you as to your particular requirements and information provided by other sources, including your electric utility. AGENTIS ENERGY accepts no responsibility or liability and does not give any guarantees, undertakings or warranties concerning: the suitability or accuracy of a specific recommendation to improve energy efficiency; the accuracy, completeness, or current nature of the information provided to AGENTIS ENERGY by the utility or it's contractors or providers; and the Service, content, functionality, operation, compatibility, install ability, maintenance, level of Service or any other matter in connection with any product or Service offering of any Provider; and any aspect of the terms and conditions of use, installation, function, maintenance, price or payment in connection with any product or Service offering of any Provider.
The providers and other third party companies and state agencies that may be directly or indirectly referenced or may directly or indirectly provide content are not associated or affiliated with AGENTIS ENERGY. AGENTIS ENERGY does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, down loaded or accessed from any of the services contained on this website, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the materials.
You hereby acknowledge that any reliance upon any materials shall be at your sole risk. AGENTIS ENERGY reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the materials. The bill calculators, rate data and other documentation provided here do not constitute official prices and cannot be used to make claims against AGENTIS ENERGY or your utility.
Links to Third Party Sites
The site may contain links to sites owned or operated by parties other than AGENTIS ENERGY. Such links are provided for your convenience only. AGENTIS ENERGY does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, AGENTIS ENERGY specifically disclaims any responsibility if such sites:
- infringe any third party's intellectual property rights;
- are inaccurate, incomplete or misleading;
- are not merchantable or fit for a particular purpose;
- do not provide adequate security;
- contain viruses or other items of a destructive nature; or are libelous or defamatory.
AGENTIS ENERGY does not endorse the content, or any products or services available, on such sites. If you establish a link to such sites, you do so at your own risk and without the permission of AGENTIS ENERGY.
You agree to defend, indemnify and hold harmless AGENTIS ENERGY and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information about you or that you submit via your account or the Service; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, AGENTIS ENERGY, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.
AGENTIS ENERGY does no warrant, endorse, guarantee or assume responsibility for any product or Service advertised or offered by a third party through the AGENTIS ENERGY Service or any hyperlinked website or Service, or featured in any banner of other advertising, and AGENTIS ENERGY will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Exclusion of Liability
Your use of the website of any software, Service or materials available through the website is at your own risk.
Neither AGENTIS ENERGY, nor any of its affiliated entities, or any other party involved in creating, producing, or delivering the site, nor any of their respective directors, officers, employees, agents, shareholders, licensors, and representatives are liable for any direct, indirect, punitive, incidental, special, consequential, exemplary, punitive or other damages arising out of or in any way connected with the use of this site, the services, software, content or user content whether base on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages, included without limitation damages for loss of profits, use, data, loss of other intangibles, loss of security of information you have provided in connection with your use of the site, the services, software, content or user content, or unauthorized interception of any such information by third parties, even if advised in advance of such damages or losses. In particular, and without limitation, neither AGENTIS ENERGY nor any affiliated entity will be liable for damages of any kind resulting from your use of or inability to use the site, the services or software, or resulting from any content or user content posted on the site by AGENTIS ENERGY or any third party. Your sole remedy for dissatisfaction with the site is to stop using the site. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AGENTIS ENERGY without restriction.
Governing Law and Venue,
By visiting or using the AGENTIS ENERGY website or web services, users agree that the laws of the United States of America and the State of Illinois, without regard to conflicts of laws principles, will govern these Terms and any dispute of any sort that might arise between you and AGENTIS ENERGY or any of its affiliates. Any legal action or proceeding related to this website or web services (including, but not limited to, User visits to or use of the AGENTIS ENERGY website) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Cook County, Illinois. To the extent you might have in any manner violated or threaten to violate AGENTIS ENERGY or any of its affiliates' proprietary or intellectual property rights, AGENTIS ENERGY may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum NON-CONVENIENS with respect to, non-exclusive venue and jurisdiction in the state and federal courts Illinois.
Any claim, action or proceeding by you related in any way to the AGENTIS ENERGY website and/or the Service (including your visit to or use of the website and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.