Terms of Service

 

This web site is owned and operated by The Efficiency Network, Inc. (“TEN”). We offer the TEN web site located at www.tensaves.com, and all TEN sites linked to www.tensaves.com by TEN, its subsidiaries and affiliates (collectively, our “Site”) including the Content (as hereinafter defined) and services available from this Site, to you, the visitor, on condition that you accept all the terms, conditions, policies and notices stated or referenced here (collectively the “Terms of Use”).

BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS SITE.

The terms “TEN,” “we,”“us,”“our“ and “ours“ refer to The Efficiency Network, Inc.

Customer Agreement

Some content and services that may be available on this Site require user registration and/or are subject to the terms of our Customer Agreement. To the extent there is a conflict between these Terms of Use and the Customer Agreement, the terms of the Customer Agreement will control. TEN may refuse or cancel any person’s registration at our Site or prohibit any person from using our Site for any reason or for no reason.

Personal Information You Submit to this Site; Privacy

All personal information submitted to this Site will be handled in accordance with TEN’s online Privacy Policy. You represent and warrant that all information that you submit to us about yourself is true, accurate, current and complete. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead us as to your identity or the origin of any personal information submitted.

Other Information or Materials that You Submit to this Site

You agree that you are responsible for all material you submit to us through our Site or upload onto our Site. You may not upload any content that: (a) is abusive, defamatory, false, fraudulent, illegal, libelous, obscene, threatening, or otherwise objectionable; (b) infringes the intellectual property, privacy, publicity or other rights of any party; (c) encourages a criminal offense; or (d) contains chain letters, mass mailings, political or commercial advertising, software viruses, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead us as to your identity or the origin of any material you submit to us through our Site or upload onto our Site. All personal information submitted to this Site will be handled in accordance with TEN’s onlinePrivacy Policy. You represent and warrant that: (a) you own or otherwise control all the rights to any materials you submit; (b) the content of such materials is accurate; (c) such materials do not violate any provision of these Terms of Use; and (d) our use of such materials will not infringe the rights of any person or entity. You agree to indemnify TEN for all claims resulting from content you submit to us through our Site or upload onto our Site.

TEN Products and Services; Other Terms and Conditions

Your use of certain portions or features of this Site may be subject to additional terms, and such terms will be either listed in these Terms of Use or will be presented to you for your acceptance when you sign up to use such features or portions of this Site. Additional terms and conditions also apply to the products or services offered by TEN on this Site. You agree to be bound by and comply with such other written terms and conditions as we may furnish to you in connection with any products or services that you may access or order through the Site. If there is a conflict between these Terms of Use and the terms applicable to a specific portion or feature of the Site or to the products or services offered on or through the Site, the latter terms will control with respect to your use of that portion or feature of the Site or the specific product or service offered on this Site. The following terms and conditions also apply to your use of the Site, and they are incorporated herein by this reference: • Privacy Policy • Copyright Infringement Claims Policy • Unsolicited Idea Policy Each of these policies may be changed from time to time. TEN may also modify the content on this Site and any products or services offered on the Site (including the prices applicable to such products or services), at any time, without notice. Changes are effective immediately upon posting on this Site.

Your Use of the Site, Use Restrictions

On condition that you comply with these Terms of Use, TEN grants you a limited, non-assignable, non-exclusive, non-sub-licensable, non-transferable, personal, and revocable license to enter and use the Site and to access and use the Content in accordance with these Terms of Use. This license is revocable at any time, in TEN’s sole discretion, for any reason or for no reason.

You may access, copy, download and print the information on TEN products and services that are expressly made available by TEN for downloading from the Site, on condition that you: (a) do not modify or delete any copyright, trademark, or proprietary notice language in any copy of such documents; (b) use such information only for non-commercial informational purposes; (c) do not copy or post such information onto any other website or broadcast it in any media; (d) do not modify such information; and (e) do not make any additions to or deletions from such information.

Except as expressly provided in the preceding paragraph, no part of the Site and no content may be copied, displayed, distributed, posted, reproduced, republished, transmitted in any way (including by “mirroring” or “framing”), or uploaded to any other computer, server, web site or other medium for republication or distribution without TEN’s express prior written consent. You agree not to: (a) interrupt or attempt to interrupt the operation of the Site in any way; (b) use any device, software or routine to interfere (or attempt to interfere) with the proper working of the Site or with any other person’s use of the Site; (c) take any action that imposes a disproportionately large or unreasonable load on the infrastructure of the Site (or any systems or networks connected to the Site); (d) test, probe, or scan the vulnerability of the Site (or any network connected to the Site); (e) Breach the authentication or security measures on the Site (or any network connected to the Site); (f) use a “page-scraper,” “robot,” “web crawler” or “web spider” or other similar automated device or program to access any portion of the Site or any Content; (g) utilize any content in any “meta tags” or any other “hidden text” without TEN’s express prior written consent; or (h) “deep-link” to any Content.

This Site has been designed to comply with the laws of the Commonwealth of Pennsylvania and of the United States. It is intended for use by users resident in the United States. We recognize that it is possible to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any Content or your use of the Site is contrary to the laws of the jurisdiction where you are when you access it, the Site is not intended for you, and you may not use the Site. You acknowledge that use of this Site may be subject to the customs and export control laws and regulations of the United States and may also be subject to the customs, export, import or other laws and regulations of the country in which you use the Site. You acknowledge that it is your responsibility to comply with those laws and regulations and you agree to fully abide by those laws and regulations.

TEN reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice for any reason or for no reason. Termination of your access or use will not waive or limit any other right, relief, or remedy to which TEN may be entitled at law or in equity. You agree that TEN will not be liable to you (or to any third party) for termination of your access to this Site. You agree that any violation of these Terms of Use by you constitutes an unlawful and unfair business practice, and will cause irreparable harm to TEN, for which monetary damages would be inadequate, and you agree that injunctive or equitable relief would be appropriate in such circumstances. If TEN takes legal action against you in connection with your violation of these Terms of Use, you agree to pay TEN’s reasonable attorneys’ fees and other costs of such action.

Links to Other Sites

This Site may contain links to other websites that are maintained by third parties. These links are provided for your convenience only. These sites are not under our control. Use of these links will cause you to leave this Site. We are not responsible or liable for the content, products or services offered on other sites. We make no representation or warranty regarding any other site or the content, information, products or services offered through or appearing on other sites. We neither sponsor nor endorse the owners or operators of other sites or the content, products, or services they offer. Use of third-party websites is entirely at your own risk. Your use of any third-party sites is subject to the terms and policies applicable to the sites that you access.

Transactions with Advertisers

You may enter into correspondence or transactions with, or participate in promotions of, advertisers who promote their products, services or Content on this Site. You acknowledge and agree that any such correspondence, transaction or participation, including the delivery of and the payment for products, services or Content, is solely between you and any such advertiser and is entirely at your own risk.

Trademarks and Copyrights, Intellectual Property Ownership

All Content on our Site (including, without limitation artwork, audio clips, code, downloads, graphics, icons, images, logos, music, software, text, user interfaces, and visual interfaces as well as the arrangement, coordination, design, expression, “look and feel,” structure, and selection, thereof) (hereinafter “Content”) is the exclusive property of and owned by TEN, its licensors, or its content providers. This Site and all Content, is protected by copyright, trade dress, trademark, and other intellectual property and unfair competition laws of the United States and other jurisdictions. TEN neither warrants nor represents that your use of this Site or the Content will not infringe the rights of any third party. Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of TEN, its licensors or content providers, or other third parties and are the property of their respective owners. Nothing on this Site or in these Terms of Use grants you any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise expressly described herein. Neither you nor any third parties acting on your behalf are permitted to use our proprietary marks as “meta tags,” without our prior written consent. These marks include, but are not limited to, “TEN,” “The Efficiency Network,” “TEN Saves,” “TEN Care” and “The Efficiency Navigator.” TEN reserves all rights not expressly granted in and to the content and our Site.

Indemnification

You agree to indemnify, defend and hold TEN, its affiliates, and their respective agents, directors, employees, consultants, officers, service providers, and shareholders harmless from and against all claims, costs, damages, demands, expenses (including without limitation reasonable attorneys’ fees), liabilities, or losses, arising out of or in connection with any actual or threatened claim, suit, action or proceeding arising out of or relating to your use of the content or this Site, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any other person or entity.

DISCLAIMER

YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE CONTENT CONTAINED HEREON ARE PROVIDED “AS-IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR THIRD PARTY RIGHTS, AND ANY WARRANTY IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WE MAKE NO WARRANTY OR REPRESENTATION THAT THE CONTENT OF ANY INFORMATION OBTAINED THROUGH THE SITE WILL BE ACCURATE, ADEQUATE, COMPLETE, CORRECT, RELIABLE, TIMELY, OR USEFUL; THAT ANY INFORMATION OBTAINED FROM OTHER USERS IS ACCURATE; THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; THAT THE SITE OR CONTENT WILL BE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SITE OR CONTENT WILL BE SECURE, TIMELY, UNINTERRUPTED, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT ANY DEFECTS WILL BE CORRECTED; THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS; OR THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF ERRORS, CONTAMINATION, VIRUSES, OR OTHER HARMFUL COMPONENTS.

WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME AND FOR ANY REASON OR FOR NO REASON. ALL CONTENT AND INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR SOLE REMEDY AGAINST TEN FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN YOU AND TEN. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING WITHOUT LIMITATION STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SITE, WHETHER MADE BY TEN’S EMPLOYEES, AGENTS, OR OTHERWISE THAT IS NOT SPECIFICALLY CONTAINED OR REFERENCED IN THESE TERMS OF USE SHALL BE DEEMED TO BE A WARRANTY BY TEN FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF TEN WHATSOEVER. TEN MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND LIABILITIES FOR ANY THIRD-PARTY SITES AND FOR THE ACTS, OMISSIONS, AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT.

LIMITATION OF LIABILITY

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND LINKED SITES. YOU ACKNOWLEDGE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR THE OBTAINING OF SUCH MATERIAL AND/OR DATA. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THIS SITE AND THE CONTENT IS AT YOUR SOLE RISK, AND THAT THE SITE IS MADE AVAILABLE TO YOU FREE OF CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT NEITHER TEN NOR ITS AFFILIATES, SUPPLIERS, OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHER DAMAGES OF ANY KIND RESULTING FROM OR ARISING OUT OF YOUR USE OF OR INABILITY TO USE OR DELAY IN USING THE CONTENT OR THIS SITE, OR IN ANY WAY RELATED TO THE SITE OR ANY OTHER SITE YOU ACCESS THROUGH THIS SITE, OR ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND US, OR ANY INACCURACY OF ANY INFORMATION OBTAINED FROM US OR FROM OTHER USERS, OR ANY BREACH OF SECURITY CAUSED BY A THIRD PARTY, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE, OR ANY LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND ACKNOWLEDGE THAT THESE TERMS OF USE ALLOCATE THE RISKS BETWEEN YOU AND TEN, AND BUT FOR THIS ALLOCATION OF RISK AND LIMITATION OF LIABILITY, WE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITH YOU OR PERMITTED YOU TO USE OUR SITE OR CONTENT.

IN JURISDICTIONS THAT LIMIT THE SCOPE OF OR PRECLUDE LIMITATIONS OR EXCLUSIONS OF REMEDIES OR DAMAGES, OR OF LIABILITY, SUCH AS LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR DO NOT PERMIT IMPLIED WARRANTIES TO BE EXCLUDED, THE LIMITATION OR EXCLUSION OF WARRANTIES, REMEDIES, DAMAGES OR LIABILITY SET FORTH ABOVE IS INTENDED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY STATE, COUNTRY OR OTHER JURISDICTION.

Governing Law

These Terms of Use and, to the fullest extent permitted by applicable law, all matters arising out of or relating in any way to these Terms of Use (whether arising in contract or tort), shall be governed by and construed in accordance with the law of the Commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than Pennsylvania.

Changes to These Terms of Use

TEN reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, by posting revised terms on this Site. It is your responsibility to check this Site periodically for any changes to these Terms of Use. Your continued use of the Site following the posting of changes means that you agree to the changes.

Entire Agreement

These Term of Use, the policies linked hereto or referenced herein, and the operating rules and use restrictions posted on this Site constitute the entire agreement and understanding between you and TEN with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and TEN with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision contained in these Terms of Use is held by a competent tribunal to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of these Terms of Use, and the remainder of these Terms of Use shall be enforced. In addition, the invalid, illegal or unenforceable provision shall be deemed to be automatically modified, and, as so modified, to be included in these Terms of Use, such modification being made to the minimum extent necessary to render the provision valid, legal and enforceable.

How to Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact us by:

The Efficiency Network, Inc. 1501 Reedsdale Street, Suite 401 Pittsburgh, PA 15233
Thank you for visiting our Site.

Last updated: 9 October 2014

COPYRIGHT INFRINGEMENT CLAIMS POLICY

If you believe that your copyrighted work has been copied in a way that amounts to copyright infringement and is accessible on this Site, please provide TEN’s copyright agent with the following information:

All copyright notices should be addressed to: Copyright Agent
The Efficiency Network, Inc.
1501 Reedsdale Street, Suite 401
Pittsburgh, PA 15233
Tel: 412-429-8888
Fax: 412-429-8889
copyright@tensaves.com
(Only copyright notices will be accepted at this email address. All other communications will be deleted)

Unsolicited Idea Policy

We do not accept or consider unsolicited ideas, including ideas for new advertising, new promotions, new or improved products or services, or marketing plans (hereinafter “Unsolicited Submissions”). Please do not send any Unsolicited Submissions to us. If, despite this request, you still submit an Unsolicited Submission, then you agree that by uploading the Unsolicited Submission onto our Site or by sending the Unsolicited Submission through our Site, the Unsolicited Submission and its contents become the property of TEN, without any compensation to you, regardless of what your letter, email or any other accompanying communication states. Recognizing such, you agree that we may copy, commercially exploit, display, distribute, publish, reproduce, and use your Unsolicited Submission and its contents for any purpose and in any way, including creating derivative works thereof. We have no obligation to review any Unsolicited Submission or to keep any Unsolicited Submission confidential.