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Terms of Use

 

General

Welcome to our website. TruSmart Energy owns, controlsand maintains this site for your information and education and as a service tothe internet community. Any information contained or referenced in this websiteis suitable only as an introduction to our company. For specific information pleasecontact us directly.

Through your access to and use of this website, you accept, without limitation or qualification, the terms and conditions set forth below. Please review the following terms and conditions concerning your use of our website. By accessing and using any information and/or materials from our website, you agree to be bound by these terms and conditions. We reserve the right to change these terms and conditions from time to time at our sole discretion. If you do not agree with these terms and conditions, do not use our website.

In the case of any violation of these terms and conditions, we reserve the right to seek all remedies available by law and inequity for such violations. These terms and conditions apply to all visits to our website.

 

Limited License

All contents on our website are, to the extent possible,protected by copyright or are otherwise proprietary.

You may view and copy materials on the public portions of our website solely for non-commercial, personal and informational use. Any copy of this material or information you copy shall retain all copyright and other proprietary notices in the same form and manner as on the original. No other use of the information is authorized. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of any third party or ours.

 

Disclaimers

Although we have attempted to provide accurate information on our website, we assume no responsibility for the accuracy of the information. In particular, we may not update our website on a daily or other regular basis. As such, the information and materials contained on our website may be out of date or include omissions or other errors. We may change the information provided on our website at any time without notice and we will not be liable in any way for possible consequences of such changes.

All information provided on our website is provided"AS IS" without warranty of any kind. We disclaim all warranties,express or implied, including those of merchantability and fitness for a particular purpose.

Furthermore, we shall not be liable in any manner whatsoever for direct, indirect, incidental, consequential or punitive damages resulting from the use of, or inability to use, the information on our website or any information provided through linked websites. In addition, we shall not be liable in any way for possible errors or omissions in the content of our website.

 

We make no representation or warranty, express or implied, that any use of the information contained in our website will not infringe on any patent, copyright or trademark. This website is also not intended to be used in making any decision relating to an investment in the securities of TruSmart Energy. Investors or prospective investors are urged to review and carefully consider the investment materials that we provide in connection with any offering of securities, and all information contained on this website is qualified in its entirety by reference to such investment materials, including the risk factors contained in those investment materials.

 

You are solely responsible for the messages, notes, text,information, and other content that you upload, publish or display(hereinafter, "post") on or through this website (collectively the"User Content"). You may not post, transmit, or share User Content on this website that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to,review this website and may delete or remove (without notice) any website content or User Content in its sole discretion, for any reason or no reason,including User Content that in the sole judgment of TruSmart Energy violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm or threaten the safety of users or others.

 

Any communication or material you transmit to our website by electronic mail or otherwise, or user content that you post to our website,including any data, feedback, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Unless specifically agreed to by us in writing, we shall have no obligation of any kind with respect to such information, and shall be free to use any comments,information, ideas, concepts, reviews, or techniques or any other material contained in such information, including, without limitation, responses to questionnaires or through postings to this website without further compensation, acknowledgement or payment to you for any purpose whatsoever including,but not limited to, developing, manufacturing and marketing products and creating, modifying or improving this website. Furthermore, by posting any User Content on our website, submitting any communication, material or User Content to us, or in responding to questionnaires, you grant us a perpetual,non-exclusive, royalty-free irrevocable license and right to display, use,reproduce, modify, disclose or distribute such information in any media,software or technology of any kind now existing or developed in the future.

 

We do not accept unsolicited materials or ideas for use,and are not responsible for the similarity of any of its content or product offerings to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against TruSmart Energy and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. The sender of any communications to this site shall be responsible for the content and information contained therein, including its truthfulness and accuracy.

 

This website contains third party information. Such information is, wherever reasonably possible, marked with the name of the source. Such third party information does not necessarily represent our views and we take no responsibility whatsoever for such third-party information, nor do we adopt or endorse any such information.

 

You agree to indemnify, defend and hold harmless TruSmart Energy, its subsidiaries, affiliates, directors, officers, employees, agents and assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to, or associated with, your use of this website and any violation of these terms and conditions by you.

 

Hyperlinks

Our website may contain hyperlinks to websites owned and/or controlled by other parties. Access to any other website is at your own risk and will result in you leaving TruSmart Energy's website. Where we provide a hyperlink to a third party's website, we do so because we believe that such website contains or may contain material which is relevant to that on our website. TruSmart Energy has not reviewed all of these third party sites and does not control and is not responsible for the accuracy or reliability of any information accessible from these websites. In certain instances, a hyperlink may connect you to a third-party's website containing views contrary to those expressed on our website or otherwise held by TruSmart Energy.

 

No Unlawful Or Prohibited Use

As a condition of your use of the TruSmart Energy website, you warrant to TruSmart Energy that you will not use the TruSmart Energy website for any purpose that is unlawful or prohibited by these terms,conditions, and notices.

You may not use the TruSmart Energy website in any manner which could damage, disable, overburden, or impair the TruSmart Energy website or interfere with any other party's use and enjoyment of the TruSmart Energy

Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TruSmart Energy Websites.

 

Use Of Communication Services

The TruSmart Energy website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages,calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively,"Communication

Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

 

·      Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

·      Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

·      Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

·      Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

·      Advertise or offer to sell or buy any goods or services for any business purpose, unless such

·      Communication Service specifically allows such messages.

·      Conduct or forward surveys, contests, pyramid schemes or chain letters.

·      Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

·      Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

·      Restrict or inhibit any other user from using and enjoying the Communication Services.

·      Violate any code of conduct or other guidelines which may be applicable for any particular

·      Communication Service.

·      Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

·      Violate any applicable laws or regulations.

 

TruSmart Energy has no obligation to monitor the Communication Services. However, TruSmart Energy reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TruSmart Energy reserves the right to terminate your access to any or all of the Communication

Services at any time without notice for any reason whatsoever.TruSmart Energy reserves the right at all times to disclose any information a necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TruSmart Energy 's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TruSmart Energy does not control or endorse the content, messages or information found in any Communication Service and, therefore, TruSmart Energy specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.Managers and hosts are not authorized TruSmart Energy spokespersons, and their views do not necessarily reflect those of TruSmart Energy.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

 

Forward-Looking Statements

The information on this website contains forward-looking statements about our business and prospects, such as statements concerning our ability to market, commercialize, and achieve market acceptance for our demand response and other energy management solutions. Such statements are based on management's current expectations and are subject to a number of risks, factors and uncertainties that may cause actual results, events and performance to differ materially from those referred to in the forward-looking statements.These risks include, but are not limited to, changes in the available demand response capacity provided by TruSmart Energy 's programs, loss of a significant customer, technological developments that reduce peak demand or increase power supplies and actions of customers and competitors. Consequently, no forward-looking statement can be guaranteed, and actual results may vary materially.

 

Notices And Procedure For Making Claims Of Copyright Infringement

Pursuant to Title 17, United States Code, Section512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.