Last Updated: February 9, 2016
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY, AS THIS AGREEMENT GOVERNS YOUR USE OF THE 3ESI-ENERSIGHT WEBSITE (the “Website”). BY USING THE WEBSITE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS PLEASE EXIT THE WEBSITE. 3ESI-ENERSIGHT MAY REVISE AND UPDATE THESE TERMS AND CONDITIONS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE WILL MEAN YOU ACCEPT THOSE CHANGES.
3. Permissible Users
4. Other Agreements for 3esi-Enersight Products/Services
5. Personal Information Privacy
By using the Website, you consent to the collection, use, retention, disclosure and deletion of your Personal Information in accordance with applicable law.
You will be given a username and password to access your customer account, investor login and/or demo login portion of the Website. All passwords are the property of 3esi-Enersight, and may be cancelled or suspended at any time by 3esi-Enersight in its sole discretion, without any notice or liability. The use of a password does not restrict 3esi-Enersight’s access to your password-protected information.
YOU MUST KEEP YOUR PASSWORD CONFIDENTIAL AND NOT DISCLOSE IT TO ANY PERSON OR PERMIT ANY OTHER PERSON TO USE IT.
3esi-Enersight is not required to confirm the identity or authority of any person using your password and may act upon any communication that is given with the use of your password. 3esi-Enersight may, in its discretion, require proof at any time of the authority of any person seeking to use your password, and may refuse to accept or act upon any communication if it is not satisfied with such proof.
YOU AND ALL PERSONS YOU REPRESENT ARE JOINTLY AND SEVERALLY LIABLE FOR ANY AND ALL USE AND MISUSE OF YOUR PASSWORD. YOU MUST NOTIFY 3esi-Enersight IMMEDIATELY AT info@3esi-Enersight.com IF YOU KNOW OR SUSPECT THAT YOUR PASSWORD HAS BEEN LOST OR STOLEN OR BECOME KNOWN TO OR USED BY ANY OTHER PERSON.
7. Permissible Use
The Website and its content may not be copied, reproduced, imitated, republished, translated, uploaded, posted, publicly displayed, communicated or made available to the public, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of 3esi-Enersight.
8. Ownership of Website
9. Feedback and Comments
If you give feedback about the Website or any 3esi-Enersight products or services (including any ideas or suggestions for enhancements or improvements) to 3esi-Enersight, then 3esi-Enersight and its suppliers and licensors may use and commercialize the feedback in any way and for any purpose without providing any compensation or attribution to you or any other person.
If you post or submit comments to the Website: (a) you are fully responsible for the comments; (b) you grant to 3esi-Enersight permission to access, view, store, copy and reproduce the comments (in whole or in part) in any of the ways facilitated or provided by the Website; and (c) you represent and warrant to 3esi-Enersight that its use of your comments will not violate the rights of any other person or any applicable laws.
10. Linked Sites
For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”). Linked Sites are independent from 3esi-Enersight, and 3esi-Enersight does not control, endorse, and has no responsibility or liability for Linked Sites or their business, goods, services, content, website use policies or privacy practices. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites are at your own risk.
11. Prohibited Activities
You will not: (a) circumvent the ordinary navigational structure or presentation of the Website or its content; (b) access or obtain the Website content or other data by any means that is not purposely made available to you by the Website; (c) gain unauthorized access to any part of the Website or its content, or any related system, network, service or data, by hacking, password mining or any other means; or (d) test or tamper with the security of the Website or interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.
Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies or any similar or equivalent manual process) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.
Deep links to a Website without the express written permission of 3esi-Enersight are strictly prohibited. 3esi-Enersight in its discretion may cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.
If you have a complaint regarding the Website or content posted on the Website, please send an email with details of your complaint to: info@3esi-Enersight.com.
3esi-Enersight provides the information found on this Website for informational purposes only. The information posted on this Website is not intended as advice to, or concerning, particular readers or circumstances. Although 3esi-Enersight will make a reasonable effort to respond to submissions made through the Website contact forms, 3esi-Enersight does not guarantee that it will respond to submissions made through the Website.
3esi-Enersight DOES NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF OR RELATING TO ANY OF THE FOLLOWING: ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, TRUTHFULNESS, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT; ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY 3esi-Enersight TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Liability Exclusions/Limitations/Indemnity
IN THIS SECTION 14, “3esi-Enersight GROUP” MEANS 3esi-Enersight AND EACH OF ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND CORPORATE PARENTS AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SHAREHOLDERS, DISTRIBUTORS, AND REPRESENTATIVES, JOINTLY AND SEVERALLY.
15. Changes to Website / Termination of Use
16. Governing Law and Disputes
17. Other Matters