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Terms & Conditions

nopec.org Terms and Conditions of Use

Welcome to the nopecinfo.org website (the “Website”). This Website is provided solely inform member communities and the public about the Northeast Ohio Public Energy Council (“NOPEC”) and for no other purposes. The terms “we”, “us”, “our” and “NOPEC Entities” refer to NOPEC, Inc., an Ohio corporation and its member, NOPEC, and any future affiliates or subsidiaries of NOPEC and NOPEC, Inc. The term “you” refers to any person using or visiting the Website and/or any person contributing or viewing content on this Website.
This Website is offered to you conditioned upon your acceptance without modification of any/all the terms and conditions set forth below (collectively, the “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, you may not use or view materials on this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement upon providing notice by a general posting on the Website, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.

USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that (i) all information supplied by you on this Website is true, accurate, current and complete; (ii) you have the right to use or are the owner of any content you post on the Website; (iii) if you have signed-up to receive electronic delivery of the NOPEC Entities’ newsletter, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you; and (iv) you are 13 years of age or older. The Website is not to be used by anyone under the age of 13. We retain the right in our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, content or services obtained from or through this Website. Additionally, you agree not to:

  1. Use this Website or its contents for any commercial or promotional purpose, except as expressly allowed in writing by the NOPEC Entities;
  2. Use the Website in a manner that may create a conflict of interest, such as submitting false or fraudulent reviews and ratings, trading reviews with other business owners or writing or soliciting any other kinds of “fake” reviews and ratings, posts or comments;
  3. Remove or modify any copyright, trademark or other proprietary rights notice on the Website or on any materials printed or copied off of the Website;
  4. Record, process or mine information about other users or members;
  5. Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  6. Violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  7. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  8. “Frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization;
  9. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by the NOPEC Entities in connection with the Website or the services;
  10. Use the Website to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys or other mass messaging, whether commercial in nature or not;
  11. Use the Website for keyword spamming or to otherwise attempt to manipulate natural search results;
  12. Use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  13. Use the Website to submit or transmit pornography or illegal content;
  14. Use the Website in violation of this Agreement or any applicable law;
  15. Access, retrieve or index the Website to for purposes of constructing or populating a searchable database of business reviews;
  16. Use the Website to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person or otherwise interfere with another user’s use of the Website;
  17. Attempt to gain unauthorized access to the Website, member accounts, computer systems or networks connected to the Website through hacking, password mining or any other means; use the Website or any Website content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses“); use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website; make excessive traffic demands; use the Website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to the Website or Website content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, features that prevent or restrict the use or copying of Website content or features that enforce limitations on the use of the Website.

PRIVACY POLICY

We will undertake reasonable efforts to protect your privacy. Please click here to review our current Privacy Policy, which also governs your use of nopecinfo.org, to understand our practices.

USE OF INTERACTIVE AREAS

Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant the NOPEC Entities a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name and contact information that you submit in connection with such Submission. You acknowledge that the NOPEC Entities may choose to provide attribution of your comments or reviews at our discretion. You further grant the NOPEC Entities the right to pursue at law any person or entity that violates your or the NOPEC Entities’ rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary to you.
The Website may contain review services, blogs, discussion forums, bulletin boards or other areas in which you or third parties may post or other content, messages, materials or other items on the Website (“Interactive Areas“). If we provide such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Website any of the following:

  1. Any message, data, information, text, music, sound, photos, graphics, code or any other material (“Content”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  4. Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including the NOPEC Entities;
  5. Unsolicited promotions, political campaigning, advertising, contests, raffles or solicitations;
    Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  6. Viruses, corrupted data or other harmful, disruptive or destructive files;
  7. Content that is unrelated to the topic of the Interactive Areas in which such Content is posted; or
  8. Content or links to Content that, in the sole judgment of the NOPEC Entities, (i) violates the previous subsections herein; (ii) is objectionable; (iii) restricts or inhibits any other person from using or enjoying the Interactive Areas or the Website; or (iv) may expose the NOPEC Entities or its users to any harm or liability of any type.

The NOPEC Entities take no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are the NOPEC Entities liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, the NOPEC Entities are not liable for any statements, representations or Content provided by its users in any public forum, reviews page or other Interactive Area. Although the NOPEC Entities have no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, we reserve the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Website at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Website at your sole cost and expense.

 

If it is determined that you retain any rights (including moral rights or rights of attribution) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by the NOPEC Entities or their licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release the NOPEC Entities, and their licensees, successors and assigns, from any claims that you could otherwise assert against the NOPEC Entities by virtue of any such moral rights.

Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Website. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the NOPEC Entities’ systems and customers, or to ensure the integrity and operation of the NOPEC Entities’ business and systems, the NOPEC Entities may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content. The NOPEC Entities’ right to disclose any such information shall take precedence over any terms of the NOPEC Entities’ Privacy Policy.

LIABILITY DISCLAIMER

THE INFORMATION, CONTENT AND SERVICES PUBLISHED OR PROVIDED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. THE NOPEC ENTITIES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF ANY INFORMATION DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, PRICING, PHOTOGRAPHS, AMENITIES, GENERAL DESTINATION DESCRIPTIONS, ETC.).
THE NOPEC ENTITIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY SERVICES OR ADVICE ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES OR ADVICE BY THE NOPEC ENTITIES. ALL SUCH INFORMATION, CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE NOPEC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM NOPECINFO.ORG, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE NOPEC ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO INFORMATION, CONTENT AND SERVICES FOUND ON THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE NOPEC ENTITIES (OR THEIR OFFICERS, OWNERS AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF THE NOPEC ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the NOPEC Entities and all users of the Website. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The limitations of liability provided in this Agreement inure to the benefit of the NOPEC Entities.

The limitation of liability reflects the allocation of risk between the NOPEC Entities and all users of the Website. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose. The limitations of liability provided in this Agreement inure to the benefit of the NOPEC Entities.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the NOPEC Entities and its affiliates and any of their officers, owners, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of this Agreement or the documents referenced herein;
  2. your violation of any law or the rights of a third party;
  3. your posting of any Content;
  4. any dispute between the poster of Content and the subject of such Content; or
  5. any other issues arising out of your use of this Website.

LINKS TO THIRD-PARTY SITES

This Website may contain links to websites operated by parties other than the NOPEC Entities. Such links are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as Viruses, defects and other items of a destructive nature. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators.

COPYRIGHT AND TRADEMARK

All contents of this Website are copyrighted by one or more of NOPEC. All rights reserved. NOPEC, the company’s logo and all other product or service names or slogans displayed on the Website are registered and/or common law trademarks of NOPEC and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of NOPEC or the applicable trademark owner. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the NOPEC Entities and may not be copied, imitated or used, in whole or in part, without the prior written permission of NOPEC. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by any of the NOPEC Entities.

The NOPEC Entities respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide NOPEC’s Designated Agent, Bricker & Eckler LLP, the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed, including any copyright registration numbers;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your full name, address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

NOPEC’s Designated Agent for notice of claims of copyright infringement on the Service is Bricker & Eckler LLP who can be reached as follows:

By mail:
NOPEC Copyright Agent
Bricker & Eckler LLP
100 S. Third Street
Columbus, OH 43215

By email:
copyright@bricker.com

GENERAL

This Website is operated by a U.S. entity located in, and this Agreement is governed by the laws of, the State of Ohio, USA, without regard to any conflicts of law provisions. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS IN DELAWARE OR FRANKLIN COUNTIES, OHIO USA, AND YOU HEREBY STIPULATE TO THE FAIRNESS AND CONVENIENCE OF PROCEEDINGS IN SUCH COURTS FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE WEBSITE OR ITS USE. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and any of the NOPEC Entities as a result of this Agreement or use of this Website.
To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) year from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Agreement shall continue in effect.
Notices to you may be made via email or regular mail. The NOPEC Entities may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on or through the Website.
This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and the NOPEC Entities with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and the NOPEC Entities with respect to this Website.

Any rights not expressly granted herein are reserved.

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