Zeigo Hub Terms of Use

Last Modified: [April 4, 2024]

1.  Acceptance of the Terms of Use

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of hub.zeigo.com, including any content, functionality and services offered on or through hub.zeigo.com (the “Website”), whether as a guest or a registered user. These Terms of Use are entered by and between, on the first part, the Zeigo member and its employees who access the Website  (collectively, “Customer”, “you”, or “your”) and, on the second part, Summit Energy Services, Inc., and its affiliated companies (collectively “Company”, “we”, “our” or “us”). Please read these Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference and can be found at https://www.se.com/ww/en/about-us/legal/data-privacy.jsp. If you do not agree to these Terms of Use or the Privacy Policy, you may not access or use the Website.

By agreeing to these Terms of Use, you represent and warrant that you are authorized to enter into legally binding contracts on behalf of your employer and that your employer agrees to be bound by these terms and conditions.

2.  Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website or Website Content (as that term is defined in “Intellectual Property Rights”) thereafter.

Your continued use of the Website or the Website Content following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3.  Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any Website Content, in our sole discretion without notice. We may create certain limited access content and allow participation in a program to encourage coordination of renewable energy project sourcing and provide supplier education and engagement (“Program”) for which separate fees and separate terms and conditions may apply. A Program will be managed on behalf of a company or companies that have contracted us for advisory and program management services (“Sponsor”). We will not be liable if for any reason all or any part of the Website or Website Content is unavailable at any time or for any period. From time to time, in our sole discretion, we may restrict access to some parts or all of the Website, or Website Content to users, including registered users participating in a Program.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website; and
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the Website Content, you may be asked to provide certain registration details or other information. To participate in a Program, you will be required to provide certain registration details and other information as determined by us. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You will treat your user name, password and any other information provided as part of our security procedures as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You are solely responsible for maintaining the confidentiality and security of your account including username and password. Company is not responsible for any losses arising out of the unauthorized use of your account. You agree that Company does not have any responsibility if you lose or share access to your account. You agree to notify us immediately of any unauthorized access to your account or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You will use reasonable caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Use.

4.  Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, material, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively “Website Content”), are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website and the Website Content for your organization's own use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Website Content, except as follows

• Your computer may temporarily store copies of Website Content in RAM incidental to your accessing and viewing such Website Content.
• You may store Website Content that is automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website Content for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the applicable end user license agreement for such applications.

You must not:

• Modify copies of any Website Content;
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of Website Content; or
• Resell or republish any part of the Website or any Website Content.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or Website Content in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any Website Content is transferred to you, and all rights not expressly granted are reserved by Company and its licensors. Any use of the Website or Website Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The Company name, the terms “Schneider Electric” “Life is On” “Zeigo”, (“Zeigo”) logo and all related names, logos, product and service names, designs and slogans (collectively “Company Marks”) are trademarks of the Company or its affiliates or licensors. You may not use the Company Marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners and all goodwill arising from the use of such marks including, but not limited to, the Company Marks, will inure to the benefit of their respective owners.

5.  Confidentiality

You acknowledge that certain information and materials made available within the password protected areas of the Website as part of a Program may be the confidential information of Company only to be used for your organization's own purposes subject to the terms and conditions of your participation in the Program. You will not disclose such Confidential Information to any third parties or non-user employees during the term of your Website access or at any time for a period of five years following the end of such term unless authorized in writing by Company. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of such Confidential Information, including, at a minimum, those measures you take to protect your own Confidential Information of a similar nature.

You acknowledge that we may collect information regarding your business including electricity usage, contact details and other information you provide during your use of the Website and other interactions. We will not use or disclose such information to any third parties or non-user employees except as provided in the Privacy Policy and as provided in these Terms of Use. Notwithstanding anything to the contrary in these Terms of Use or the Privacy Policy, you agree that:

• Upon Your registration for a Program, Company may use such data for purposes of providing access to the Website and its functionalities and may release only to a Program's Sponsor and third-party Program administrators the following data about You or Your other users of the Website
  • Your company name
  • Your name
  • Business email
  • Job title
  • Location of headquarters or primary office of Customer
  • Customer's annual revenue
  • Identity of other Program Sponsors (in such cases where Customer has multiple Program Sponsors)
  • Sectors or Industries in which Customer is active
  • Electricity load aggregated across all companies participating in a Program
  • Data about emissions by Customer either entered by Customer into the Website or generated by calculation functions contained in the Website
  • Your company's Program engagement metrics
    • Registration status
    • Onboarding status
    • Education participation
    • Renewable electricity or sustainability-related solutions adoption
    • Suitability for renewable electricity or sustainability-related solutions adoption
• Company may disclose and distribute the foregoing information and User Contributions (defined below) to its affiliates, licensors, service providers, consultants, contractors, and alliance partners (collectively, “Service Providers”) to carry out data processing activities and to provide our products, services and online content to you. Service Providers include, without limitation, providers of hosting facilities, information systems, advertising and marketing agencies, IT support, security services, financial services, carriers who deliver products, outside accounting firms, lawyers and auditors; and
• Company may collect your data from and through your use of the Schneider Electric Resource Advisor or ,if you provide your data to Company in another manner (for example, via a manual upload or by using the UtilityAPI), Company may then share such data with Company's third party suppliers, partners and providers in order to provide you with the services. Additionally, if you then request an introduction to one or more solution provider(s), Company may share your data with the solution provider(s) you select for the purpose of helping you obtain any services you may request or require from such solution provider(s).

We ensure all Service Providers working under contract for Company are compliant with data privacy laws and aligned with Company guidelines. Additional terms regarding protection of personal data are found in Section 24.

6.  Your Use of the Website

You may use the Website and Website Content only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the Website Content:

• In any way that violates any applicable federal, state, local or international laws or regulations (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To harvest or collect information about users of the Website.
• To cause injury to any person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or restrict, inhibit or otherwise interfere with any other person's use of the Website or Website Content, including, but not limited to, their ability to engage in real time activities through the Website.
• Use any robot, spider site search/retrieval application or other manual, automatic or artificial intelligence device, process or means to retrieve, index, “scrape,” “data mine” or otherwise access the Website for any purpose, including monitoring or copying any of the Website Content, or reproduce or circumvent the navigational structure or presentation of the Website.
• Use any manual process to monitor or copy any of the Website Content or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any product or service.
• Make available through or in connection with the Website any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Interfere with or disrupt the operation of the Website or the systems, servers, or networks used to make the Website available, including by hacking or defacing any portion of the Website; or violate any requirement, procedure or policy of such servers or networks.
• Use the Website for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Reproduce, modify, adapt, download, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the Website or Website Content except as expressly authorized in these Terms of Use, without Company’s express prior written consent.
• Reverse engineer, decompile, or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark, or other proprietary rights notice from the Website or Website Content.
• Otherwise attempt to interfere with the proper working of the Website.

You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

7.  User Contributions

The Website Content may include message boards, chat rooms, personal web pages or profiles, company web pages or profiles, project web pages or profiles, forums, bulletin boards, whitepapers, case studies, articles, videos, webinars, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to Company, other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Notwithstanding anything to the contrary in any separate nondisclosure agreement or other contract between you and Company, any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates, licensors, and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, worldwide, royalty-free, fully-paid, perpetual and irrevocable license to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You acknowledge that Company and our affiliates, licensors, and service providers, and each of their and our respective licensees, successors and assigns may use User Contributions as an input to aggregate representative market data or market benchmarks developed and published by Company and its affiliates in which you are not individually identified, and Company may distribute such information to its licensors in an anonymized aggregated format.

By using the Website, you hereby grant to Company and its affiliates a non-exclusive, royalty-free, fully-paid license to use your company’s logo on the Website community page to indicate your participation in the Program.

By using the Website, you hereby grant Company and its affiliates permission to access your energy consumption information held within the Schneider Electric Resource Advisor system. This data will be treated as confidential and not disclosed to any third party unless approved by you in writing or as specified in Section 17 (Third Party and Affiliate Licensor Applications and Functionality) of this agreement.

Additionally,

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, licensors and service providers, and each of their and our respective licensees, successors and assigns.
• All your User Contributions do and will comply with these Terms of Use including, but not limited to, the Content Standards.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company or its licensors, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible or liable to you or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

8.  Monitoring and Enforcement

We have the right (but not the obligation) to:

• Remove or refuse to post any User Contributions in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including, but not limited to, instances in which such User Contribution violates the Terms of Useand/or the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Monitor, evaluate, and analyze User Contributions, and any use of and access to the Website for any purpose, including to determine compliance with these Terms of Use and any other operating rules that may be established by Company from time to time.
• Edit, move, delete, or refuse to make available any User Contribution made available through, the Website, for any reason, including violation of these Terms of Use, whether for legal or other reasons.
• Subject to and if permitted by applicable law, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

We also have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Without limiting the foregoing, we reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

9.  Termination

These Terms of Use are effective unless and until terminated by either you or Company. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Website and Website Content. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Website and Website Content for any reason including, if in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Company, you must promptly destroy all Website Content downloaded or otherwise obtained from the Website, as well as all copies of such Website Content, whether made under these Terms of Use or otherwise. The sections of these Terms of Use that by their nature are intended to survive termination shall survive any termination of these Terms of Use.

10.  Content Standards

These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe or misappropriate any patent, trademark, trade secret, copyright trade secret, right of publicity or privacy, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. ·Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve contests, sweepstakes, general sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
• Contain advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Company.
• Be designed to cause or cause harm, damage, disable, or otherwise interfere with the Website or our licensors.

11.  Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Zeigo Administration 10350 Ormsby Park Pl, Suite 400, Louisville, KY 40223

zeigo@se.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your MCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

12.  Reliance on Information Posted

The Website Content is made available solely for general information purposes. Neither we nor our licensors warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website Content may include content provided or owned by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Website Content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any Website Content provided by any third parties.

13.  Changes to the Website Content

We may update the Website Content from time to time, but the Website Content is not necessarily complete, error-free or up-to-date. Any of the Website Content may be out of date at any given time, and we are under no obligation to update such Website Content.

14.  Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website or Website Content, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

15.  Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link that in any way suggests any form of association, approval or endorsement on our part without our prior express written consent.

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain Website Content.
• Send e-mails or other communications with certain Website Content, or links to certain Website Content.
• Cause limited portions of Website Content to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website Content or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.

Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

16.  Third Party Sites

References on the Website to any names, marks, products or services of third parties, or links to third party sites and resources are provided for your convenience only and are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services. This includes links contained in advertisements, including banner advertisements and sponsored links. Company and its affiliates have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them nor any responsibility for the acts or omissions of any operator of any such site or platform. If you decide to access any such third-party websites or platforms, you do so entirely at your own risk and subject to the third party's terms and policies (including its privacy policy).

17.  Third Party and Affiliate Licensor Applications and Functionality

17.1 Third Party Licensor Applications and Functionality

The Website and Website Content may give you access to products, applications, software, services, materials and/or functionality (collectively, “Third Party Applications”) that are owned and/or licensed by Company's third-party licensors (collectively, “Company's Licensor(s)”). The end user license agreements provided by or made available by Company's Licensors shall govern your use of and rights and obligations with respect to Third Party Applications. In the absence of a separate end user license agreement provided by or made available by Company's Licensors, these Terms of Use shall govern your use of Third Party Applications.

17.2 Affiliate Licensor Applications and Functionality

The Website and Website Content may give you access to products, applications, software, services, materials and/or functionality (including sales transaction functionality) (collectively, “Affiliate Applications”) that are owned and/or licensed by Company’s affiliated licensors (collectively, “Company’s Affiliated Licensor(s)”). The end user license agreements provided by or made available by Company’s Affiliated Licensors shall govern your use of and rights and obligations with respect to Affiliate Applications. In the absence of a separate end user license agreement provided by or made available by Company’s Affiliated Licensors these Terms of Use shall govern your use of Affiliate Applications. Any sales transaction functionality is not provided by the Website and Company shall have no liability whatsoever for such sales transaction functionality.

Schneider Electric Digital, Inc. is a Company Affiliated Licensor and by using the Affiliate Applications provided and/or owned by Schneider Electric Digital, Inc. you agree to Schneider Electric Digital, Inc's SE Exchange terms and conditions and privacy policy set forth at https://exchange.se.com/terms-and-conditions and https://exchange.se.com/privacy-notice or successor URL.

18.  The Website and Website Content

18.1  Disclosure

For purposes of Program access being provided to you, you acknowledge that Schneider Electric may be compensated by solution providers. If this compensation is tied to a transaction that we introduce to you, you will be notified at the time of the introduction.

18.2  Disclaimer of Warranties

You acknowledge and agree that we cannot and do not guarantee or warrant that the Website will be free of viruses, error free or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. NEITHER COMPANY NOR ITS LICENSORS (INCLUDING THEIR RESPECTIVE AFFILIATES) WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, THE WEBSITE CONTENT, THE PROGRAM, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE WEBSITE CONTENT, THE PROGRAM, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY, ITS LICENSORS (INCLUDING THEIR RESPECTIVE AFFILIATES) NOR ANY PERSON ASSOCIATED WITH COMPANY OR ITS LICENSORS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, THE PROGRAM, OR THE WEBSITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS LICENSORS (INCLUDING THEIR RESPECTIVE AFFILIATES) NOR ANYONE ASSOCIATED WITH THE COMPANY OR ITS LICENSORS REPRESENTS OR WARRANTS THAT THE WEBSITE, THE WEBSITE CONTENT, THE PROGRAM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, WEBSITE CONTENT, THE PROGRAM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY AND ITS LICENSORS (INCLUDING THEIR RESPECTIVE AFFILIATES) HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

19.  Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY, ITS LICENSORS, OR THEIR RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY WEBSITE CONTENT OR CONTENT ON SUCH OTHER WEBSITES, THE PROGRAM, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND/OR EVEN IF ANY REMEDY HEREIN FAILS OF ITS ESSENTIAL PURPOSE.

20.  Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE WEBSITE CONTENT, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21.  Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, the Program, any use of the Website Content or services and products obtained from the Website other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website

22.  Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

23.  Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

24.  Personal Data and Privacy

24.1  Each of Company and Customer will comply with its respective obligations under Data Protection Laws and must procure compliance with any such laws by its respective affiliated companies, suppliers and users. Customer must ensure that all data processing activities it performs when using the Website comply with all applicable laws and regulations. Customer must obtain all required consents and make all required notifications for the performance of these Terms of Use, including with respect to the use of cookies and similar technologies by Customer or Customer's clients for their own purposes. Customer is responsible for any Personal Data that Customer or Customer's clients upload, download, collect, store, use, share, create, modify, delete or otherwise process with the Website.

24.2  If and to the extent that Company processes Personal Data as Data Controller, Customer's and Customer's clients Personal Data will be processed as described in privacy notices and policies made available by Company and in Company's Data Privacy & Cookie Policy published on https://www.se.com/. You are advised to check these privacy notices and privacy policies. Company will act as an independent controller and no joint controllership, or equivalence, over the data processing activity may be assumed between Company, Customer and/or Customers' Clients.

24.3  If and to the extent that Company processes Personal Data as Data Processor, Customer acts as Data Controller with respect to any Personal Data comprised in Customer Data, except when Customer acts as Data Processor with respect to its Clients’ Personal Data, in which case Company is a sub-processor.

24.3.1  When Company acts as a Data Processor or a sub-processor, Company will process Personal Data only on documented instructions from Customer, including where required by Data Protection Laws with respect to transfers of Personal Data to third countries. Customer agrees that these Terms of Use constitute documented instructions. Customer's instructions must comply with applicable laws and regulations including Data Protection Laws. Customer is responsible for the accuracy, quality and legality of Personal Data and of the data processing activity and for determining if the technical and organizational measures meet the Customer's requirements. Company will inform Customer if Company or its sub-processors can no longer meet their obligations under this section. Where required by Data Protection Laws, Company will inform Customer if it believes that its instructions infringe Data Protection Laws.

24.3.2  Company will ensure that the personnel involved in processing Personal Data will be bound to maintain the confidentiality and security of Personal Data and to act on instructions from Customer.

24.3.3  To the extent Customer, in its use of the Website, does not have the ability to address a request from a data subject exercising their data protection rights, Company, taking into consideration the nature of the processing activity, will provide reasonable assistance to Customer, at Customer cost, for the fulfillment of Customer's obligations to address this request.

24.3.4  Company will notify Customer without undue delay after becoming aware of a Personal Data breach and will assist Customer in addressing the breach as appropriate taking into consideration the circumstances of the breach, the nature of the processing activity and the information available to Company.

24.3.5  Where required by Data Protection Laws, taking into consideration the nature of the data processing activity and the information available, Company will assist Customer, at Customer cost, for the fulfillment of Customer’s obligations relating to security, data protection impact assessments and consultation of data protection authorities.

24.3.6  Unless agreed otherwise in writing between Company and Customer, the details of the data processing are contained in these Terms of Use.

24.3.7  Customer authorizes the use of the following sub-processors:

24.4  Definition of defined terms used in this section:

24.4.1 “Data Protection Laws”:  means all applicable laws relating to the protection of Personal Data, privacy and electronic communications as amended from time to time after these Terms of Use have been entered into. Depending upon (i) the scope of the activities performed in connection with Customer data or Customer's clients data and/or (ii) the country or state where such activities are performed, these laws may include the European General Data Protection Regulation 2016/679 (“GDPR”), the California Data Protection Laws, the UK Data Protection Laws, the Data Protection Law(s) of the People's Republic of China, the Data Protection Law(s) of Mexico, the Data Protection Law(s) of Switzerland, and the Data Protection Law(s) of any other relevant country.

24.4.2 “Data Controller” and “Data Processor”:  have the meaning given by GDPR unless other Data Protection Laws apply, in which case, each of these terms will be interpreted in light of the closest equivalent term in the applicable Data Protection Laws.

24.4.3 “Personal Data”:  has the meaning given to this term under the GDPR unless other Data Protection Laws apply, in which case, this term will be interpreted in light of the closest equivalent term in the applicable Data Protection Laws.

25.  General

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Company. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.

25.  Your Comments and Concerns

This website is operated by Summit Energy Services, Inc., located at 10350 Ormsby Park Pl, Suite 400, Louisville, KY 40223. All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: zeigo@se.com.