Information on the Site
“Content” means any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on GridPoint.com. GridPoint.com and the Content are provided to you without charge as a convenience and for your information only, and GridPoint does not represent or warrant that: the Content is accurate or complete; the Content is up-to-date or current; GridPoint has a duty to update any Content; the Content is free from technical inaccuracies or typographical errors; the Content is free from changes caused by third party; or access to GridPoint.com will be free from interruptions, errors, computer viruses or other harmful components. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other Content available on or through GridPoint.com. Under no circumstances will GridPoint be liable for any loss or damage caused by your reliance on information obtained on or through GridPoint.com.
Collection of Certain Information
Your Account and Password
If you are required to establish or use an account on GridPoint.com and have been provided with a user name and password for such purpose, you are responsible for maintaining the strict confidentiality of that information. You are also responsible for any activity conducted under your account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of GridPoint.com’s security; and (b) ensure that you log-off and exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, and control access to and use of your account. It is also your sole responsibility to notify us if you desire to cancel your account on the Site. GRIDPOINT WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS PROVISION.
You acknowledge you are fully responsible for all activities that occur through the use of any password, user ID or other access methods (each, an “Access Method”) that may be granted to you by GridPoint as a registered participant of the GridPoint Platform, whether or not such use is authorized by you. You agree not to access or attempt to access any password-protected portions of the Site without an authorized Access Method or through any means other than by utilizing your authorized Access Method with the appropriate web page or web tools.
Compliance with Laws
You represent and warrant that your use of GridPoint.com will comply with any and all applicable international, federal, state and local laws and regulations and that you will not restrict or inhibit any other user from using and enjoying GridPoint.com.
Except where otherwise expressly provided by GridPoint, all comments, feedback or information submitted to GridPoint through or in association with the Site (collectively, “Feedback”) shall be considered non-confidential and GridPoint’s property. By submitting such Feedback to GridPoint, you agree that you assign to GridPoint, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Feedback, and that GridPoint shall be free to use such Feedback in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.
GridPoint Does Not Endorse Comments of Users
GridPoint does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Site. Any information or material placed on the Site are the views and responsibility of those who post the statements, and do not necessarily represent the views of GridPoint.
GridPoint.com may contain links or pointers to other websites maintained by third parties or may provide third party content on GridPoint.com. Third party content or links are provided for your convenience and information only, and does not indicate endorsement or sponsorship by, or affiliation with, GridPoint. GridPoint reserves the right to terminate a link to a third party website at any time. Linked websites are not under our control and GridPoint is not responsible for their availability, content, advertising, products or materials, including any further links in a third party site. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature. GridPoint will not be held directly or indirectly responsible or liable for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other Internet site (regardless of whether GridPoint.com is directly or indirectly linked thereto). Any concerns with a third party website should be directed to that website’s administrator or webmaster. In most cases, GridPoint is not aware that a third party has linked to GridPoint.com, and a third party link to GridPoint.com is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. Any website linking to GridPoint.com (a) may link to, but not replicate, the Content; (b) should not create a browser, border environment or frame the Content; (c) must not imply that we are endorsing it or its products; (d) must not misrepresent its relationship with us; (e) must not present false information about our products or services; and (f) must not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
Third Party Rights
Some of the provisions within this document are for the benefit of the GridPoint Parties. The GridPoint Parties as individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Disclaimer of Warranties
GRIDPOINT.COM CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GRIDPOINT MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF INFORMATION CONTAINED ON THE SITE, OR THAT GRIDPOINT.COM WILL BE ERROR-FREE OR AVAILABLE FOR UNINTERRUPTED USE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRIDPOINT THROUGH GRIDPOINT.COM SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnity; Limitation of Liability
Modification or Discontinuance of the Site by GridPoint
At any time, without notice to you, and for any or no reason, GridPoint may modify or discontinue the Site and/or the GridPoint Platform. GridPoint shall in no way be held liable for any consequence which results from GridPoint’s decision to modify or discontinue providing the Site and/or the GridPoint Platform.
Governing Law and Forum
GridPoint exclusively retains all intellectual property rights (including patents, trademarks, copyrights, and trade secrets) and moral rights (including, rights of attribution and authorship) throughout the world in and to Content within GridPoint.com and all derivative works and improvements based on them (as each of those terms is defined and applied under U.S. copyright and patent law, respectively) including, without limitation, all materials that result from our performance of any services, and the trademarks listed below. GridPoint.com is protected by U.S. and worldwide copyright laws and treaty provisions. The Content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Some Content on GridPoint.com is reproduced with permission from third party sources, and that Content is the property of those third party sources. You may not reprint, republish, resell or redistribute these materials in any form or manner without our express written consent or the express written consent of the applicable rights holder. If you violate these restrictions, you may be subject to civil and criminal penalties.
The following is a non-exclusive list of GridPoint trademarks and service marks in the United States and other countries or jurisdictions:
GRIDPOINT INTELLIGENT ENERGY MANAGEMENT ®
GRIDPOINT PROTECT ™
GRIDPOINT CONNECT ™
GRIDPOINT CENTRAL ®
GRIDPOINT SMARTGRID PLATFORM ™
GRIDPOINT SMARTGRID GATEWAY ™
GRIDPOINT ENERGY MANAGER ™
GRIDPOINT INTELLIGENCE ™
To the extent a name, logo or design does not appear on the above list, such lack of appearance does not constitute a waiver of any intellectual property rights that we have established in our product or service names or logos, or in product configurations or designs, all of which rights are expressly reserved. If we use a trademark on GridPoint.com that is not ours, such other trademarks are the property of their respective owners.
No Rights Granted
Nothing on GridPoint.com should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any GridPoint trademarks without written permission. Requests to use trademarks owned by other companies which may be mentioned on GridPoint.com should be directed to such other companies. You are not authorized to use our logo as a hyperlink to GridPoint.com unless you obtain our written permission in advance.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials found on GridPoint.com infringe upon your copyright, you may notify GridPoint by providing our agent designated below with the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Deputy General Counsel
2801 Clarendon Blvd., Suite 100
Arlington, VA 22201
You should consult your legal advisor before filing a DMCA notice or counter-notice. Please be aware that there can be substantial penalties for false claims.
Questions and Comments
Updated September 1, 2009