EFFECTIVE JUNE 21, 2009

Introduction
This is a binding legal agreement.  Please review these terms carefully.  

Energy Now Network, LLC, (“Energy Now”) grants you permission to access and use its website (“the Website”) conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Website, including these terms (“the Terms of Use”).  Throughout these Terms of Use, the terms “Energy Now,” “the Website,” and “the Energy Now Website” may be used interchangeably.  Your use of the Website indicates that you have read and accepted the Terms of Use and any subsequent modifications to the Terms of Use.  

These Terms of Use apply to all users of the Website, including users who are also contributors of information, content, and other materials or services on the Website.  

Ability to Accept Terms of Use
In accepting the Terms of Use, you affirm that you are over 18 years of age, that you are an emancipated minor over 13 years of age, or that you are over 13 years of age and possess legal parental or guardian consent to accept these Terms of Use.  You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Use of Energy Now Programming on the Website
The Website contains certain programming created by Energy Now for Energy Now (“the Works”), which Energy Now offers to you, the user, under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 copyright license (“the License”).  In brief, this means that Energy Now, in accordance with the terms and conditions of the License and except where otherwise noted, grants you a worldwide, royalty-free, nonexclusive, perpetual (for the duration of the applicable copyright) license to exercise the right, for any noncommercial purpose, to reproduce the Works, distribute copies of the Works, and publicly display or perform the Works provided that you identify Energy Now as the creator of the Work or Works, use the Works for noncommercial purposes, do not alter the Works in any way, and comply with all other restrictions contained in the License.  Please review the complete License text for all terms and conditions.  Each of the Works is marked on the Website by a Creative Commons icon.  

Use of Website Content
Any content on the Website that is not clearly marked as offered under the License (“Website Content”), is owned by or licensed to the creator of such programming and is subject to copyright and other intellectual property rights under the law.  The Website Content includes but is not limited to programming created by Energy Now for third parties, programming created by third parties, all graphics, logos, art work, and other original work contained on the Website.  

You may access and use the Website Content for personal, noncommercial uses only.  You agree that you will not reproduce, distribute or make derivative works of the Website Content or any of portion or part thereof without the express consent of the creator of the Website Content.  You agree not to alter or modify any part of the Website Content.  You agree not to circumvent, disable or otherwise interfere with security-related features attached to the Website Content or features that prevent or restrict use or copying of that content or enforce limitations on the use of that content.  Additionally, you understand, as set forth in detail below, that Energy Now does not exercise any control over and is not in any way responsible for content created by third parties.

Energy Now Privacy Policy
Energy Now’ Privacy Policy describes the information Energy Now collects and does not collect when you and others use the Website.  It also describes some of the steps Energy Now takes to protect your privacy and how Energy Now uses the personal information you share with it.  The Privacy Policy is part of these Terms of Use.  By agreeing to these Terms of Use, you are also consenting to Energy Now’ use of your personal information in accordance with the Privacy Policy.  

Registration
You may register on the Website by creating a user profile, including a unique user name and password.  You agree that you will provide accurate, current and complete information about yourself when you register on the Website, and promptly update such information to keep it accurate, current and complete.  You may not share your username and password with any other person or authorize any other person to use your username and password.  You are fully and solely responsible for all activities that occur under your username and password.  

General Use of the Website
As a condition to your continued use of the Website, you warrant to Energy Now that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.  In addition, you agree that, when using or accessing any part of, or service provided by, the Website, you will not:

• Violate any applicable law or regulation.
• Interfere with or damage the operation of the Website.
• Infringe the legal rights of others, including but not limited to any intellectual property rights, privacy rights, or publicity rights.
• Use content or information available on the Website for any improper purpose.

Contributing to the Website
The Website includes various areas (“Interactive Areas”) where registered users can post content to the Website, including by posting comments on videos.

You agree to adhere to the following rules when posting or distributing content of any type, including information, data, text, messages, graphics, photographs, video, audio, or other files or materials, or links to third party sites (“User Content”) in any of the Interactive Areas.  You agree not to use the Website to upload, post, transmit or otherwise make available any User Content that Energy Now deems, in its sole discretion, to be:

• False, defamatory, misleading, fraudulent, abusive, threatening, racially offensive, sexually explicit, obscene, harmful, vulgar, hateful, profane,  illegal, or otherwise objectionable.
• Harassing of any other contributors to the Website or other third parties.
• Personally attacking an individual whose identity can be easily learned from what you post.  (An example of a personal attack includes posting negative comments about an individual in a way meant to demean that person.  Note that posting your opinion about someone’s ideas or actions is not a personal attack.)
• Revealing of private or personal matters concerning any person.
• User Content that violates the property rights of others, including unauthorized copyrighted music, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion.
• Advertisements or other User Content focused on the promotion of third party commercial events or businesses, or any request for or solicitation of money, goods, or services for private gain.
• User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships, such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.  
• User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.  
• User Content directly or indirectly soliciting responses from minors (defined as anyone under 18 years of age).

You represent and warrant that the User Content that you post is your own, is licensed to be posted, uploaded and downloaded by the owner, is in the public domain, or is otherwise free of copyright or other restrictions (such as trade secret protections and third party proprietary rights, including privacy and publicity rights).  If any part of the User Content is not your original work, it is your responsibility to obtain permission from the copyright owner before making that User Content available on the Website.  

You are solely responsible for User Content you upload, post, transmit or otherwise make available to others using this Website.  Under no circumstances will Energy Now be liable in any way for any User Content posted on or made available through the Website by you or any third party.  

Energy Now and its designees have the right, but not the obligation, in their sole discretion, to remove or prevent access to, in whole or in part, any material submitted by you, for any reason or no reason, including any material they deem in violation of Energy Now’ standards.  

Ownership of User Content Posted by You
If the User Content you post to the Website is your original work, then you own the copyright in your work.  Energy Now does not claim any copyrights in original works created and posted by individual visitors to the Website.  However, by uploading, posting, transmitting or otherwise making any User Content available on or through the Website, you are granting Energy Now an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or form, both on the Website and in any other publication on the internet or in any other medium, in any location, without any obligation of notice, attribution or compensation to you.  

Ownership of Feedback Submitted by You
Energy Now welcomes your comments and feedback regarding the Website.  All comments, feedback, ideas, questions, designs, data or the like regarding or relating to the Website or the business of Energy Now (collectively, “Feedback”) submitted to Energy Now, will be considered NON-CONFIDENTIAL and NON-PROPRIETARY with regard to you, but Energy Now reserves the right to treat any such Feedback as the confidential information of Energy Now.  By submitting Feedback to Energy Now, you assign to Energy Now, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback.  Energy Now will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques therein, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without providing any notice, attribution, or compensation to you.

Third Party Information, User Content, and Links
The Website contains information provided by third parties as well as links to third party websites that are not owned or controlled by Energy Now.  You understand that Energy Now does not monitor or pre-screen information or User Content posted on or available from the Website and that it has no obligation to do so.  You further understand that Energy Now exercises no control over and assumes no responsibility for the accuracy, correctness, suitability, completeness, integrity, or currency of any information posted on or made available through the Website by any author, poster, or User Content provider other than Energy Now.

The inclusion of any link to a third party site does not imply endorsement by Energy Now of such site, but is for your reference and convenience only.  Energy Now has not reviewed all third party sites linked on the Website and is not responsible for the content, policies, or practices of third party websites or for the products or services featured thereon, and makes no representations as to the accuracy or reliability thereof.  Viewing or using any third party site is at your own risk and subject to the terms of use and privacy policies of such sites.

Agent to Receive Notification of Claimed Infringement
Energy Now does not knowingly publish, or permit individuals to publish, copyrighted materials without permission.  If you believe that any materials published on the Website have been used in a way that constitutes copyright infringement and if you are authorized to act on behalf of the owner of the copyright that is allegedly infringed, please notify Energy Now’ Copyright Agent of any alleged infringement.  Pursuant to the Digital Millennium Copyright Act (“DMCA”), your notice to the Copyright Agent should be in the form of a written, signed statement containing the following information:

• a description of the infringing material;
• a description of the copyrighted work or works that you believe has been infringed;
• the name of the owner of the copyright;
• your name;
• your address, telephone number and/or e-mail address;
• a statement that you have a good faith belief that the allegedly infringing use was not authorized by the owner, an agent for the owner, or by law;
• a statement that all of the information you have provided is true; and
• a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner.  

Your statement must be sent to Energy Now by U.S. mail, fax, or e-mail, addressed as follows:

Levine Sullivan Koch & Schulz, L.L.P.
Attn: Energy Now DMCA Copyright Agent
1050 17th Street, NW, Suite 800
Washington, DC 20036-5514
Fax:  (202) 861-9888
E-mail:  EnergyNowAgent@lskslaw.com

If you believe that certain material was removed, or access thereto was disabled, in error, that is, because the material was not used in a way that constitutes copyright infringement and because you have the authorization from the copyright owner, from the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send to the Copyright Agent a written, signed counter-notice containing the following information:

• a description of the work that was removed or as to which access was disabled and the location at which the work appeared before it was removed or disabled;
• statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
• your name, address, telephone number, and e-mail address; and
• a statement that you consent to the jurisdiction of the federal court in the District of Columbia and that you will accept service of process from the person who provided notification of the alleged infringement.  

If a counter-notice is received by the Copyright Agent, Energy Now may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the provider of the material or the user, the removed material may be replaced, or access thereto restored, in 10 to 14 business days or more after receipt of the counter-notice, at Energy Now’ sole discretion.

Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CLEAN SKIES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  

UNDER NO CIRCUMSTANCES, WILL CLEAN SKIES, ITS SPONSORS, SERVICE PROVIDERS, OR LICENSORS, NOR ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON THIS WEBSITE OR ANY PRODUCT OR SERVICE AVAILABLE THROUGH OR IN CONNECTION WITH THIS WEBSITE.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS.  THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF AN AUTHORIZED REPRESENTATIVE OF CLEAN SKIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.  

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CLEAN SKIES, ITS SPONSORS, SERVICE PROVIDERS AND LICENSORS, AND ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY THE “CLEAN SKIES PARTIES”), UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification
You agree to defend, indemnify and hold harmless Energy Now, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including but not limited to attorneys’ fees, arising from: your use of and access to the Website; your violation of any term of these Terms of Use; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that one of your submissions caused damage to a third party.  This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

Advertisements
The Website may also contain advertisements by third parties.  Unless otherwise specifically stated on the Website, Energy Now does not endorse or make any representation regarding the quality or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.

Real-World Meetings
Energy Now understands that it is possible for individuals to use the Website to exchange information and to meet each other in the real world.  You are advised that Energy Now cannot vouch for the safety of offline meetings of individuals you meet through the Website, and such meetings are held at your sole risk.  Furthermore, you are advised to be careful not to accidentally divulge personally identifying information about yourself, including but not limited to your full name, telephone numbers, street addresses, URLs or e-mail addresses.  If you do provide this information to a third party who you met through the Website, it is at your risk and the Energy Now Parties will have no liability for anything that results from such meetings.  

Termination
You agree that Energy Now may terminate your use of the Website at any time, with or without cause.  You agree that Energy Now will not be liable to you or any third party as a result of such termination.  

Right to Modify or Discontinue Website and User Content
Energy Now reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any part thereof, with or without notice.  You agree that Energy Now will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or any User Content thereon.  

Revision of Terms of Use
As a result of changes to the Website or changes in the law, Energy Now may need to update or revise these Terms of Use.  Accordingly, Energy Now reserves the right to update or modify these Terms of Use at any time by posting any such revised version to the Website, which shall be deemed constructive notice to you.  Your continued use of the site following notice of any modification to it shall be conclusively deemed an acceptance of any such modification.

Disputes
You agree that any dispute arising from, relating to or in any manner connected with this agreement shall be construed under and resolved in accordance with the laws of the District of Columbia, exclusive of its choice of law principles.  Any such dispute shall be litigated only in the local or federal courts of the District of Columbia, to the personal jurisdiction of which you hereby consent.  YOU AGREE THAT ANY CAUSE OF ACTION AGAINST CLEAN SKIES ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

General Provisions
These Terms of Use are governed by the laws of the District of Columbia without regard to its conflict of law provisions.  Waivers to these Terms of Use must be in writing and signed on behalf of Energy Now.  The failure of Energy Now to enforce any provision of these Terms of Use will not constitute a waiver of such provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.  These Terms of Use and the Energy Now Privacy Policy together constitute the entire agreement between you and Energy Now regarding your use of the Website, superseding any prior understandings or agreements.