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CleanTechNews.com Terms of Use

Last Updated July 21, 2009

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT. The CleanTechNews.com website is a service offered by EOM Creative, LLC. ("CleanTechNews.com," "we" or "us"). This Terms of Use Agreement (the "Terms of Use" or "Agreement") contains the terms and conditions applicable to your access and use of the CleanTechNews.com website and RSS feeds (collectively, the "Website") and CleanTechNews.com's services (the "Services"), and by using the Website or the Services you accept this Agreement. CleanTechNews.com may amend this Agreement at any time by posting the amended Terms of Use on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. For your convenience, the date of last revision is included at the top of this page. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO VIEW THE WEBSITE OR USE THE SERVICES.

1. License, Acknowledgements and Warranties.

By submitting material to the CleanTechNews.com site ("the Site") you ("User") grant CleanTechNews.com the rights to distribute, display, reproduce, reformat, translate, archive, license, edit, modify and create derivative works and/or excerpts of any such material for purposes of distributing the material as part of CleanTechNews.com's products and services (and the promotion of same).

User warrants and represents that the content of all materials submitted to CleanTechNews.com will be accurate and original; that User owns or is an authorized licensee in the material provided to CleanTechNews.com for distribution; that the material will not violate or infringe upon any copyright, trademark, or other intellectual property, proprietary, personal, privacy, or other rights worldwide of other persons; that the material does not contain anything defamatory or any viruses, scripts, macros or programs, or links to scripts, macros or programs; and that the material complies with all applicable laws and regulations. User further warrants and represents that all recipients included on any distribution list provided by User to CleanTechNews.com have expressly consented to receive advertising and/or promotional email messages from User.

CleanTechNews.com reserves the right to refuse copy deemed inappropriate or not properly sourced. User's right to submit material for distribution through the Site may be revoked for violation of these "Terms & Conditions.” CleanTechNews.com reserves the right to change prices and product/coverage specifications without notice. User understands and agrees that material submitted via the Site services are also subject to the Terms of Use at CleanTechNews.com.

2. User Contributions to the Website

CleanTechNews.com provides users with the opportunity to contribute to the Website. You understand that all information, data, text, links, articles, software, photographs, graphics, video, music, sound, messages and other content posted by you on the Website (collectively, the "User Content"), whether publicly posted or privately transmitted, are your sole responsibility, and that you are solely and exclusively responsible for all such User Content. By posting, providing, or otherwise making available any User Content, you hereby grant to CleanTechNews.com and its affiliates a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such User Content in any form in any medium, and CleanTechNews.com may sublicense all or part of its rights under this license or assign them to third parties. You waive all moral rights with respect to any User Content. You also represent and warrant that: (i) you own the content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section; (ii) your posting of the content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

You acknowledge that CleanTechNews.com does not always pre-screen User Content, but reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Website. Without limiting the foregoing, CleanTechNews.com shall have the right to remove any User Content that violates this Agreement, or is otherwise objectionable as determined in CleanTechNews.com's sole and absolute discretion. You acknowledge that CleanTechNews.com does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate, and bear all risks associated with, your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.

If you discover materials on the Website that violate this Agreement please notify us at customerservice@CleanTechNews.com.

3. Indemnity and Limitation of Liability

User will indemnify and hold harmless CleanTechNews.com and its parent company, affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by CleanTechNews.com to transmit and distribute materials, from any and all liabilities, damages, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or relating to User's breach or alleged breach of these Terms & Conditions or for any alleging conduct that would amount to a breach of any of User's representations and warranties set forth in Section 1 and 2 of these Terms & Conditions.

CLEANTECHNEWS.COM SHALL NOT BE LIABLE TO USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF CLEANTECHNEWS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATED IN ANY WAY TO ANY PROVISION OF THIS AGREEMENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. IN NO EVENT SHALL CLEANTECHNEWS.COM BE LIABLE TO USER FOR AN AMOUNT GREATER THAN THE ACTUAL PAYMENT MADE BY USER TO CLEANTECHNEWS.COM FOR THE PRODUCTS AND SERVICES PURCHASED PURSUANT TO THE TERMS OF THIS AGREEMENT. Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages, so some or all of the above exclusions or limitations may not apply.

4. Disclaimer of Warranties

THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CLEANTECHNEWS.COM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLEANTECHNEWS.COM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. NEITHER CLEANTECHNEWS.COM NOR ANY OF ITS DATA OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

5. CleanTechNews.com's Proprietary Rights and Permitted Use

You hereby acknowledge and agree that, as between CleanTechNews.com and you, all right, title, and interest in and to the Website and the Services, including without limitation any patent rights, patents, business methods, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights pertaining thereto, shall be owned exclusively by CleanTechNews.com.

You agree not to access the Website by any means other than through the interface that is provided by CleanTechNews.com. You further agree that you will not collect any information from or through the Website or Services using any automated means, including without limitation any script, spider, "screen scraping," or "database scraping" application. You will not damage, disable, overburden, or impair the Website or the Services or interfere with any other party's use and enjoyment of it. CleanTechNews.com may make software available to you for download, and your download and use of such software shall be subject to a separate license agreement.

6. Payment Terms

In the event of a default on the balance owed, User agrees to pay all costs of collection, including legal fees and costs, which are incurred by CleanTechNews.com or its agents.

7. Links and Search Results

The Website may provide links and/or search results, and third parties may provide information that reference or link to other websites or resources. CleanTechNews.com has no control over such sites and resources, and you acknowledge and agree that CleanTechNews.com is not responsible for the content or information contained therein.

8. Trademarks

CleanTechNews.com, the CleanTechNews.com logo, and other marks are trademarks/service marks of CleanTechNews.com. Unauthorized use of any CleanTechNews.com trademark, service mark or logo may be a violation of federal and state trademark laws. All third party trademarks are the property of their respective owners, and cannot be used without permission. Third party trademark references herein do not constitute or imply affiliation with, endorsement, or recommendation of CleanTechNews.com or the Services by the respective trademark owners.

9. Communications with Third Parties

Your dealings or communications through the Website with any party other than CleanTechNews.com are solely between you and that third party. Under no circumstances will CleanTechNews.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto.

10. No Professional Advice

You acknowledge that CleanTechNews.com does not provide professional advice, and you agree that you will not use the Website as a substitute for or supplement to advice from a qualified professional, whether they be a financial, legal or other professional.

11. Modifications to Site

CleanTechNews.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Services, or any portion thereof, with or without notice. You agree that CleanTechNews.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.

12. Force Majeure

If CleanTechNews.com is prevented or delayed in or from performing any of its obligations under the Agreement due to circumstances beyond its control, including but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, CleanTechNews.com shall not be liable for any resulting failure to provide services hereunder.

13. Entire Agreement, Severability, Successors and Assigns

These Terms & Conditions, constitutes the entire agreement between the parties, supersedes any prior agreements whether oral or in writing, and shall bind and inure to the benefit of the parties and their successors and assigns. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

14. Governing Law, Venue and Attorneys Fees

These Terms & Conditions shall be governed by and construed in accordance with the laws of the United States and the State of California. Any dispute arising under or related in any way to these Terms & Conditions shall be adjudicated in a court of competent jurisdiction in the County of San Francisco, California. In the event of litigation to enforce any provision of these Terms & Conditions, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.

15. Termination & Survivability

CleanTechNews.com may, in its sole discretion, terminate or suspend User's access to all or part of the Site, for any reason, including breach of these Terms & Conditions or the Terms of Use. In the event that User's access to this site is terminated or suspended the acknowledgments, payment terms, warranties, indemnities and limitation of liabilities set forth in these Terms & Conditions will survive termination.

16. Suspension and/or Termination Rights

CleanTechNews.com reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Agreement, your registration for any program, your ability to access the Website, your ability to utilize any Services and/or to remove any User Content, for any reason, including without limitation any breach by you of this Agreement or conduct by you that CleanTechNews.com determines in its sole and absolute discretion to be inappropriate. You agree that CleanTechNews.com shall not be liable to you or any third-party for any such suspension or termination.

17. Privacy Policy

We believe that your privacy and the privacy of all of our users is important. Please click here to review our Privacy Policy, to which you hereby consent.

18. Back-Up

CleanTechNews.com is not liable for any lost data resulting from the operation of our Website and/or the enforcement of the Terms of Use (including without limitation content from any e-mail account hosted by CleanTechNews.com), and is not obligated to maintain back-up copies of any contributed User Content or e-mail messages. We recommend that you retain a copy of all User Content that you post or distribute to, or through, the Website.

19. Password and Security

You may receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CleanTechNews.com of any unauthorized use of your password or account or any other breach of security, and (b) log out of your account at the end of each session.

20. Disclosure of Personal Information and User Content

Without limitation of any of the rights granted to CleanTechNews.com herein, you acknowledge and agree that CleanTechNews.com may preserve and disclose your personal information and/or any User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce our rights; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CleanTechNews.com, any individual or the public.

21. Children

The Website is not directed toward children under 13 years of age nor does CleanTechNews.com knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to CleanTechNews.com.

22. U.S. Export Controls

The Website is operated by CleanTechNews.com from its offices in the United States. Those who choose to access the Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

23. Miscellaneous

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. CleanTechNews.com's failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive CleanTechNews.com's right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and CleanTechNews.com with respect to the subject matter hereof; provided, however, that it shall be read in conjunction with any CleanTechNews.com user agreement(s) entered into by you. Any cause of action or claim you may have with respect to this Agreement or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. The failure of CleanTechNews.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.

Please direct any questions you may have about the Terms of Use, or any other legal matters, to the following e-mail address: customerservice@CleanTechNews.com.