Terms of Use and Privacy Policy

STATEMENT OF PURPOSE

Thank you for visiting CAChallenge and myenergy.energyupgradeca.org. The goal of the CoolCalifornia Challenge webpages are to provide free resources to help all Californians voluntarily save energy, water and reduce their carbon footprints and save money.

The CoolCalifornia Challenge is administered by Energy Upgrade California

and is a partnership between Energy

Upgrade California®, the California Air Resources Board, and the Cool

Climate Network at the University of

California, Berkeley’s Renewable and Appropriate Energy Laboratory.

 

It is the policy of CAChallenge and myenergy.energyupgradeca.org to limit the collection of personal information and to safeguard the privacy of personal information collected or maintained by CAChallenge and myenergy.energyupgradeca.org. CAChallenge and myenergy.energyupgradeca.org’s information management practices are governed by the requirements of the Information Practices Act (Civil Code section 1798 et seq.), the Public Records Act (Government Code Section 6250 et seq.), and the Government Code Section 11015.5.

AGREEMENT AND THE PARTIES. This is a binding agreement between CAChallenge and myenergy.energyupgradeca.org (“CAChallenge and myenergy.energyupgradeca”, “we” or “us”) and you (“you”), as the user of the CAChallenge and myenergy.energyupgradeca.org website.

TERMS OF USE

1.Binding Effect. By using the internet Site located at CAChallenge and myenergy.energyupgradeca.org (the

“Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these terms of use, as they may be amended by CAChallenge and myenergy.energyupgradeca from time to time in its sole discretion. CAChallenge and myenergy.energyupgradeca will post a notice on the Site any time these terms of use have been changed or otherwise updated. It is your responsibility to review these terms of use periodically, and if at any time you find the set of use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. By using the Site, you signify that you agree of the terms of use and privacy policy. If you do not agree with the terms of use and privacy policy, please do not provide us with personal information, and leave this website.

YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2.User Content. You grant CAChallenge and myenergy.energyupgradeca a license to use the materials you post to the Site. Notwithstanding the other terms of this terms of use and privacy policy, by posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the

Site, you are granting CAChallenge and myenergy.energyupgradeca, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the business of CAChallenge and myenergy.energyupgradeca, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that CAChallenge and myenergy.energyupgradeca may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

3.Compliance With Intellectual Property Laws. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by

laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

4.Inappropriate Content. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. CAChallenge and myenergy.energyupgradeca reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. CAChallenge and myenergy.energyupgradeca intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these terms of use or of any applicable laws.

5.NO WARRANTIES. CACHALLENGE AND MYENERGY.ENERGYUPGRADECA HEREBY DISCLAIMS ALL

WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY

KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CACHALLENGE AND MYENERGY.ENERGYUPGRADECA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CACHALLENGE AND MYENERGY.ENERGYUPGRADECA DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

6.LIMITED LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CACHALLENGE AND MYENERGY.ENERGYUPGRADECA BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY CACHALLENGE AND MYENERGY.ENERGYUPGRADECA. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

7.Affiliated Sites. CAChallenge and myenergy.energyupgradeca has no control over, and no liability for any third party websites or materials. CAChallenge and myenergy.energyupgradeca works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither CAChallenge and myenergy.energyupgradeca nor the Site has control over the content and performance of these partner and affiliate sites, CAChallenge and myenergy.energyupgradeca makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and CAChallenge and myenergy.energyupgradeca assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that CAChallenge and myenergy.energyupgradeca makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these terms of use shall govern your use of any and all third party content.

8.Prohibited Uses. CAChallenge and myenergy.energyupgradeca imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, withoutlimitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CAChallenge and myenergy.energyupgradeca in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

9.Indemnity. You agree to indemnify CAChallenge and myenergy.energyupgradeca for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless CAChallenge and myenergy.energyupgradeca, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these terms of use and privacy policy, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. CAChallenge and myenergy.energyupgradeca will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10.Copyright. All contents of Site are copyrighted by CAChallenge and myenergy.energyupgradeca.org.

11.California Use Only. The Site is controlled and operated by CAChallenge and myenergy.energyupgradeca from its offices in the State of California. CAChallenge and myenergy.energyupgradeca makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as CAChallenge and myenergy.energyupgradeca’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

PRIVACY POLICY

12.Personal Information We May Collect. We collect personal information directly from individuals who volunteer to use some of our services. Collection of this information is required to deliver some specific services, but use of these services is voluntary. We may ask you for certain information referred to on this site as “personal information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, e-mail address, or telephone number. You may be required to provide personal information to access or use certain parts of our website or features of the site. If you do not provide the requested personal information, you may not be able to access or use the features of the site where such information is requested.

13.General Information We May Collect. There may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the Internet. We also collect information about the browser and operating system you used to access the Site, the date and time you visited the Site and the web pages or services you accessed at the Site. Such general information may be collected from you whenever you access the site, whether or not you provide us with any personal information.

14.Use of Personal and General Information. CAChallenge and myenergy.energyupgradeca uses technical information such as cookies and web logs to study how our sites are being used. We can also use cookies to track your preferences so that when you return to our web site, you can navigate more easily without having to re-enter certain information. By analyzing the data that cookies and web logs provide, we can determine how to improve our web sites and ad campaigns to better serve our customers. CAChallenge and myenergy.energyupgradeca does not sell any personal or general information collected. Any distribution of electronically collected personal information will be solely for the purposes for which it was provided to us. However, CAChallenge and myenergy.energyupgradeca may provide or distribute certain lists and statistical reports based on personal or general information as provided by law, but no personal information is sold or distributed and all relevant legal privacy protections still apply to the CAChallenge and myenergy.energyupgradeca.org websites. CAChallenge and myenergy.energyupgradeca is strongly committed to not sharing nonpublic information with third parties. We may share your information only under particular situations, as described in this terms of use and privacy policy. Because we protect all users in this manner, we do not change our behavior in response to a web browser's “do not track” signal.

15.Additional Uses of Personal or General Information. CAChallenge and myenergy.energyupgradeca reserves the right to access, use, preserve, or disclose personal information as required by law or in the good faith belief that such action is reasonably necessary to: (1) comply with the law or legal process served on this website; (2) protect and defend the rights, interests or property of the CAChallenge and myenergy.energyupgradeca, its respective employees, marketing partners, agents or third parties; and (3) to protect the personal safety of State Bar members or members of the public in general.

16.Length of Time Personal and General Information is Retained. CAChallenge and myenergy.energyupgradeca retains the personal and general information voluntarily provided or otherwise obtained from you indefinitely. The information may be provided for future third party use..

17.Opportunity to Have Personal Information Discarded. You may cancel your registration at any time. Additionally, you can choose to have all your personal information deleted from our database. You may opt out, or delete or modify your personal information, by emailing us at challenge@energyupgradeca.org We encourage you promptly to update your personal information when it changes.

18.No Use Of This Site By Persons Under 18 Permitted. CAChallenge and myenergy.energyupgradeca intends only persons who are 18 years or older to use this website. Personal registration information submitted by a person under the age of 18 will not be accepted. Any general information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this policy CAChallenge and myenergy.energyupgradeca is committed to protecting the privacy of children and has no intention of collecting personal data from children under the age of 18. We encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of e-mail and other activities online.

PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a site user is under age 13, we will promptly delete any personal information in that user’s account.

19.Information Practices Act. Any information we acquire, including information collected on our website, is subject to the limitations set forth in the Information Practices Act of 1977 (title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code). may be released if requested as stated in the Information Practices Act of 1977 (see Civil Code Section 1798).

20.Public Records Act. Electronically collected personal information is exempt from disclosure when requested under the California Public Records Act (see Government Code Section 6250).

21.Governing Law. These terms of use and privacy policy shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California, USA in all disputes arising out of or related to the use of the Site.

22.Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these terms of use and privacy policy to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these terms of use and privacy policy shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisionshereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

23.Modifications. CAChallenge and myenergy.energyupgradeca may, in its sole discretion and without prior notice,

(a)revise these terms of use and privacy policy; (b) modify the Site; and (c) discontinue the Site at any time. CAChallenge and myenergy.energyupgradeca shall post any revision to these terms of use and privacy policy to the Site, and the revision shall be effective immediately on such posting. You agree to review these terms of use and privacy policy and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

24.Acknowledgement. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU

HAVE READ THESE TERMS OF USE AND PRIVACY policy AND AGREE TO BE BOUND BY THEM.