TERMS OF USE & PRIVACY POLICY

INTRODUCTION

Welcome to www.nextechenergy.com (the “Website).  This Website is owned and operated by Nextech Energy Systems, LLC (“NXT”) of 1165 N. Clark Street, Chicago IL  60610.

This Website, including any sub-site accessible through the Website, is operated by NXT its subsidiaries, affiliates and/or related entities. NXT offers this Website, including all information, tools and services available from this Website, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here.

PLEASE READ THESE TERMS OF USE AND PRIVACY POLICY CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE AND PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.

NXT reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use & Privacy Policy, at any time. It is your responsibility to check these Terms of Use & Privacy Policy periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use & Privacy Policy, NXT grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

TERMS OF USE

WEBSITE ACCESS AND USE

Access to the Website including, without limitation, documents, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof (the “Website Content”) is the exclusive property of and owned by NXT, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. When using the Website, you agree to comply with all applicable federal, state, and local laws including,     without limitation, copyright laws. NXT reserves the right to refuse or cancel any person’s registration for this Website or prohibit any person accessing or using this Website for any reason whatsoever. NXT, or its licensors or content providers, retain full and complete title to the Website Content, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in NXT’s sole discretion. NXT neither warrants nor represents that your use of the Website Content will not infringe on the rights of third parties not affiliated with NXT. NXT is not responsible if information the Website Content is not accurate, complete or current. The Website Content is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Website or the Website Content is at your own risk.

 

USER RESPONSIBILITY

You may access, copy, download and print the material contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of Website Content, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website for purposes competitive to NXT, is expressly prohibited.

Except as expressly permitted in these Terms of Use and unless you have not obtained prior written consent from NXT, you may not:

  • Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
  • Circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Website or Website Content;
  • Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose. nextechenergy.com grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
  • Collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
  • Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
  • Attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
  • Decompile, reverse engineer, or disassemble any portion of any the Website.
  • Use network-monitoring software to determine architecture of or extract usage data from the Website;
  • Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g. using another person’s Membership without permission, etc.);
  • Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
  • Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.

Furthermore, you agree to cooperate fully with NXT to investigate any suspected or actual activity that is in breach of these Terms of Use.

 

TRADEMARKS

Trademarks, logos and service marks displayed on this Website are registered and unregistered trademarks of NXT, its subsidiaries, affiliates, licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner’s prior written permission, except as otherwise described herein. NXT reserves all rights not expressly granted in and to the Website and Website Content.

 

USER SUPPLIED MATERIAL

You acknowledge that you are responsible for any material you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Website any material that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any material. You may not upload commercial content onto the Website.

If you do submit material, and unless we indicate otherwise, you grant NXT and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that NXT is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to NXT. You grant NXT and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Website will be handled in accordance with the Website’s online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify NXT for all claims resulting from material you supply.

NXT is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Website, including material you provide to us, and so we have an absolute right to remove any material from the website in our sole discretion at any time.

 

USER REGISTRATION                                                                                    

In order to access or use some features of the Website, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to this Website.

If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you may create a username and password (a Membership), which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately of any breach of security or unauthorized use of your Membership.

 

THIRD-PARTY LINKS

This Website may contain links to other websites, some of which are operated by NXT or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. NXT is not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Links from this Website to any other website do not mean that NXT approves of, endorses, or recommends that website. Different terms and conditions may apply to your use of any linked websites. NXT is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.

 

INDEMNIFICATION

You agree to indemnify and hold harmless NXT, and its employees, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with: (i) your access to or use of the Website; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

 

DISCLAIMERS

EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NXT DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.

 

LIMITATION ON LIABILITY 

UNDER NO CIRCUMSTANCES SHALL NXT, AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT IS TO    STOP USING THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE WEBSITE OR ANY LINKS ON THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT POSTED BY A THIRD-PARTY OR CONDUCT OF A THIRD-PARTY ON THE WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO   EVENT SHALL THE CUMULATIVE LIABILITY OF NXT,AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY NXT DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

 

CHOICE OF LAW

These Terms of Use shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules.

 

CHANGES TO TERMS

NXT may add to, change, or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms posted on this Website apply as soon as they are posted. By continuing to use this Website after any changes are posted, you are indicating your acceptance of those changes. NXT may add, change, discontinue, remove, or suspend any other Website Content, including features and specifications of products described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability. In addition, we reserve the right to provide you with operating rules or Additional Terms that may govern your use of the Website generally, unique parts of the Website, or both (Additional Terms). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

 

MISCELLANEOUS

Any delay or failure on the part of us to exercise or enforce any rights under these Terms of Use to which we may be entitled shall not, in any event, be construed as    a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

 

PRIVACY POLICY

NOTICE

Your privacy, and the privacy of all registered users of www.nextechenergy.com, is important to us. Accordingly, we have adopted the following Privacy Policy. Our Privacy Policy is based on the principles of notice, choice, access and security in the collection and use of all information regarding our users and their activities at our site.

This policy describes the types of information we may collect from your or that you may provide when you visit the Website and our practices for collecting, using, maintaining, protecting and disclosing that information.

 

INFORMATION COLLECTED

In connection with your use of the Website, we may ask for and collect non-personally identifiable information about you in a number of ways, including tracking your activities through your IP address, computer settings or most-recently visited URL. In addition, we may also ask you to provide certain non-personally identifiable information such as resumes, utility bills, energy usage data, vendor information, etc. A user may have the option to submit information via the Website using a customer service/contact form. The user may be required to provide their name, email address, phone number, business address, and contact information etc. so that we may respond to their inquiry. Also, the customer service/contact form may be routed to our third-party service provider, who may assist NXT in answering user requests from our Websites. We may also collect the information you disclose in any of our chat rooms, discussion groups and/or bulletin boards.

NXT may use any of the information it collects to create and publish website or application content most relevant to you, as well as for the other purposes described above.

 

USE OF INFORMATION

In general, we will only use the information you provide to us for the purpose for which such information was provided. We may also use this information to deliver to you content about our company and promotional material from some of our partners, trend analysis, pattern detection, and site administration. Your information may also be used to contact you when necessary and may be shared with other companies that may want to contact you with offers consistent with your stated preferences. Users may opt-out of receiving future contact and mailings from NXT and other entities and affiliates by following the instructions set forth in the opt-out section provided.

Non-personal demographic and profile data is used to tailor your experience at our site, showing you content we think you might be interested in. This information may also be shared with advertisers on an aggregate non-personal basis.

In addition, NXT may use or disclose personal information we have collected in the good faith belief that NXT is lawfully authorized to do so, or that doing so is reasonably necessary to protect you, to comply with legal process or authorities, to respond to any claims, or to protect the rights, property or personal safety of NXT, our customers, our employees or the public.

 

SECURITY

We use industry-standard encryption methods to transmit your personal registration information and other data uploaded by you to our website from your computer to ours across the Internet, and we restrict access to any transactional portions of our Website to computers running web browsers that support Secure Socket Layer (“SSL”) protocol. To use this protection technology, you need to have SSL-capable browser.

Please remember that you play a valuable part in security as well. Your password to access our password protected portions of our Website should never be shared with anyone and should be changed frequently. And, after you have finished using our Website, you should log off and exit your browser so no unauthorized persons can use our Website with your name and account information. Remember that any information you voluntarily disclose on-line may be collected and used by others without your permission. Furthermore, if you provide any information to parties who operate websites that are linked to or from our Website, different rules may apply to their collection, use or disclosure of your personal information. We encourage you to review these sites’ policies before revealing any sensitive or personal information.

Regardless of the precautions taken by you or by us, “perfect security” does not exist on the Internet. We cannot ensure or warrant the security of any information you transmit to us, and you transmit such information at your own risk.

 

USE OF IP ADDRESSES AND WEB BEACONS

We use IP addresses to analyze trends, administer the Website, track user movement, and gather broad demographic information for aggregate use. Certain pages on our Website may contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. We use log files to store the data that is collected through web beacons.

 

USE OF COOKIES

When you view our Website we may store some information on your computer. This information will be in the form of a “cookie” or similar file. Cookies are small pieces of information stored on your hard drive, not on our Website. Cookies do not spy on you or otherwise invade your privacy, and they cannot invade your hard drive and steal information. Rather, they help you navigate a Web site as easily as possible. We use cookies to deliver content specific to your interests and to prevent you from reentering all your registration data at each connection.

We may use an outside advertisement server company to display ads on our Websites. These ads may contain cookies. The advertisement server company may collect cookies received with outside banner ads. We do not have access to information that would confirm the use of cookies by the advertisement server company.

 

LINKS

Our Websites may contain links to other websites. Please be aware that NXT is not responsible for the privacy practices of third party websites. We encourage our users to be aware when they leave our Website and to read the privacy policies of any website you visit that may collect personally identifiable information.

 

SURVEYS

We occasionally may ask visitors to our Websites to voluntarily complete online surveys and opinion polls about their activities, attitudes and interests etc. These surveys help us serve you better and improve the usefulness of our Websites. In conducting these surveys we may collect personal information including your name, phone number, email address and other demographic information such as zip code or age level.

 

CHILDREN’S POLICY

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information, personal or otherwise, to or on the Website. We do not knowingly collect personal information from children under the age of 13. If we learn we have collected or received personal information from a child under 13 without verification or parental consent, we will delete that information. If you believe you might have any information from or about a child under 13, please contact us immediately.

 

BUSINESS TRANSITIONS

In the event that one of NXT or one of its subsidiaries or affiliates goes through a business transition, such as a merger, divestment, acquisition, reorganization, restructuring, or other similar type of transaction, we may transfer your personal information along with other transferred assets.

 

CHANGES TO PRIVACY POLICY

It may be necessary from time to time for us to modify this policy to reflect changes in the way we collect and use information or changes in privacy-related laws, regulations, and industry standards. Accordingly, we reserve the right to change this policy at any time by posting the revised policy on this Website. This policy was posted on June 15th, 2015. Data will be handled in accordance with the policy in effect at the time the data is used, subject to the user’s right to opt out of revisions to this policy implemented since the data was first collected.

 

CONTACT AND OPT OUT INFORMATION                                                                                                     

You may contact us as at privacy@nextechenergy.com  if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw your consent to sharing your personally identifiable information with others. We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Website.

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