E+CO – INVISIBLE SCHOOLHOUSE

2010

The Invisible Schoolhouse website located at www.invisibleschoolhouse.net and energy.invisibleschoolhouse.net (“the Site”) is owned and operated by E+Co, a Delaware corporation. By registering for the Site by clicking on the “I AGREE” box below, you (the “User”) automatically agree to these Terms of Use. This is a legal agreement between you, the User, and E+Co.

1. PURPOSE AND USE: The content and information on the Site are provided to you, the User, for personal, informational and educational purposes only. Material from the Site may not be copied, distributed, republished or transmitted in any manner without the prior written consent of E+Co. (See our address at 383 Franklin St., Bloomfield NJ, U.S.A.). E+Co makes no representation or warranty, and assumes no responsibility regarding the completeness, accuracy, reliability, suitability or of methods, strategies, forms, or related graphics contained on the website for any purpose. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use the Site and may subject you to legal liability.

2. RESTRICTED BEHAVIOR: As a condition to your access and continued use of the Site, you acknowledge that certain behavior, including but not limited to the activities listed in sub-sections (a) through (g), below, are prohibited. You agree that any such conduct is in violation of these Terms of Use and will immediately and automatically terminate your right to use the Site and may also subject you to legal liability. E+Co, at its sole and absolute discretion, shall determine whether any information transmitted or received on the Site violates any of the Terms of Use. You specifically agree that you shall not:

a. Post or transmit comments or materials that are unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation comments or materials containing nudity, harassing or offensive language, including sexual references and nicknames, racial slurs, hate propaganda and mongering, swearing, or rude or deliberately offensive comments or materials.

b. Engage in disruptive activities on the Site, including but not limited to the posting, transmission, or excessive use of scripts, sound waves, unsolicited messages or spam, or use of viruses, bots, worms, Trojan horses or similar programs or scripts that may disrupt the Site or are otherwise harmful to the Site;

c. Post or transmit any information, software, or other material that, to your reasonable knowledge, may infringe the rights of others, including privacy or publicity rights, copyrights, trademarks, or other proprietary rights, without first obtaining permission from the owner or rights holder;
d. Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;

e. Post or transmit any information or other content that constitutes, or encourages activities that may (a) may be illegal, including but not limited to hacking, cracking, phreaking or acts of terrorism; (b) give rise to civil liability; or (c) otherwise violate any local, state, national, or international law;

f. Post, transmit, or in any way exploit any information, software, or other material for commercial purposes or that contains advertising,“junk mail,” spam, chain letters, pyramid schemes, suveys, mass messages, or spam, whether or not commercial in nature; or

g. Use the services provided by the Site to collect personally identifying information about other users of the Site in violation of our Privacy Policy (See our Privacy Policy at http://energy.invisibleschoolhouse.net/mod/resource/view.php?id=533).

2. INTELLECTUAL PROPERTY: The materials of the Site, including but not limited to documents, text, graphics, pictures, sounds, logos, domain names, computer code, software, and any other elements or components (the “Content”) of the Site excluding User Contributions and Third-Party Content are the proprietary property of E+Co or its licensors. Further, E+Co or its licensors own the copyrights, trademarks, service marks, trade names, and other intellectual property rights (the “IP Rights”), displayed on or associated with the Site. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by E+Co. Except as expressly provided herein, E+Co does not grant you any express or implied rights to the Site or its Content, and all rights in and to the Site and the Content are retained by E+Co.

3. USER CONTRIBUTIONS: You may contribute content to the Site, including but not limited to submission to your user blog, comments to other users’ blogs, pictures, videos, sounds and other similar files or content submitted by you to the Site (User “Contributions”). You hereby grant E+Co and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, incorporate into other works, display, perform and otherwise exploit Contributions made by you for any purpose, including without limitation promoting and redistributing part or all of the Site in any format and through any media channels now known or later developed. You agree to irrevocably waive any claims or other assertion of moral rights or attribution with respect to your Contributions. You are solely responsible for your Contributions and you may expose yourself to liability if, for example, any of your Contributions violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

4. THIRD PARTY WEBSITES: The Site may contain links to other websites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third-Party Content”). Such Third-Party Sites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by E+Co, and E+Co is not responsible for any Third-Party Sites accessed through the Site or for any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Sites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third- Party Site or any Third-Party Content does not imply approval or endorsement thereof by E+Co. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third -Party Content, you do so at your own risk, and E+Co’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

5. INDEMNITY: You agree to indemnify and hold E+Co, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, and representatives of each of them harmless, including for costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Use, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. E+Co reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of E+Co. E+Co will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

6. CHANGES TO TERMS OF USE: E+Co may revise these Terms of Use from time to time without notice. Your continued use of the Site after any posted modification to the Terms of Use indicates your acceptance of the modification. Unless expressly stated otherwise, any new Content introduced after your initial access to the Site shall be subject to the Terms of Use.

7. DISCLAIMER: THE SITE AND ALL OF THE SITE’S CONTENT ARE MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. E+CO MAKES NO WARRANTIES, REPRESENTATIONS, OR COVENANTS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, OR IP RIGHTS OF ANY OF THE SITE’S CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS INFORMATION, FORMS AND ADVICE LISTED ON THE SITE, OR (3) THE CONTENT, ADVICE OR OPINIONS OF OTHER USERS OF THE SITE. E+CO FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN OR RECEIVE FROM E+CO OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.

8. LIMITED LIABILITY: YOU AGREE THAT THE E+CO SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES (EVEN IF E+CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING IN CONNECTION WITH THE USE OR INABILITY TO USE THE SITE BY YOU OR ANY OTHER PARTY OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, OR NETWORK OR SYSTEM FAILURE RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SITE; (2) THE TIMELINESS OR ACCURACY OF THE INFORMATION OR CONTENT OF THE SITE; (3) YOUR RELIANCE ON THE INFORMATION OR ADVICE LISTED ON THE SITE; (4) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED FROM OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (5) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (6) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (7) ANY OTHER MATTER RELATING TO THE SITE.

9. TERMINATION: E+Co reserves the right (but is under no obligation) to terminate or suspend your account or your ability to use the Site, in whole or in part, at E+Co’s sole discretion, for any or no reason, and without notice or liability of any kind. Termination of your account may include: (i) removal of access to all offerings within the Site; (ii) deletion of your password and all related information, files and materials associated with or inside your account (or any part thereof), including your content; and (iii) barring of further use of the Site. You agree that E+Co shall not be liable to you or to any third party for any termination of your account.

10. JURISDICTION; GOVERNING LAW: This Agreement shall be deemed and treated as though it were entered into, executed, and performed solely in New York and the laws of the State of New York, without regard to its conflict of law rules, apply to all matters relating to use of the Service and shall without limitation govern this Agreement. You agree by use of the service to submit to the jurisdiction of the courts of New York with appropriate subject matter jurisdiction and that any actions you file with respect to use of the Service or concerning the this Agreement shall be brought in a court of competent jurisdiction in New York. In any legal action relating to enforcement or breach of this Agreement, the prevailing party shall be entitled to recovery of costs, fees, and expenses of the action, including without limitation attorney ’s fees and accounting fees.