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.
1.Binding Effect. By using the internet Site located at CAChallenge and myenergy.energyupgradeca.org (the
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.
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.
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
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.
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
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.
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,
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.
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 email@example.com We encourage you promptly to update your personal information when it changes.
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).
23.Modifications. CAChallenge and myenergy.energyupgradeca may, in its sole discretion and without prior notice,
24.Acknowledgement. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU