Welcome to the PSE Healthy Energy for Healthy Energy (herein referred to as "PSE"or "We") web site (herein referred to as "Site"). Access to this Site, the home page of which is located at http://psehealthyenergy.org, is offered to the public by PSE under the following Terms and Conditions of Use (herein referred to as "Agreement"). This Agreement is intended to constitute a binding contract. By visiting the Site, the user (herein referred to as "You") agree to be bound by this Agreement.
1. Responsible Conduct. You agree to act responsibly and respectfully at this Site.
2. Intellectual Property Rights; Limited License; No Linking. Original material which we post on this Site, including text, data compilations, graphics, logos, and the overall "look and feel" of the Site, is owned by or licensed to PSE, and is protected by applicable domestic and international intellectual property laws. PSE Healthy Energy for Healthy and Sustainable Energy, PSE Healthy Energy, and the PSE logo are trademarks and service marks and the exclusive property of PSE. You are granted a limited license to access the material on this Site for educational and non-commercial purposes, and to print individual copies of any content posted at the Site solely for your own use. Except for viewing our Site for personal purposes, reproduction (other than the individual copies described above), adaptation, distribution, performance, or display of its content, whether by electronic or non-electronic means, is prohibited. In addition, written consent from PSE is necessary prior to creating any hyperlink to this Site.
3. Digital Millennium Copyright Act Compliance. PSE respects the intellectual property rights of others. If you believe that any content appearing on this Site, or on a site that we provide a link to, is an unauthorized copy of your work in a way that constitutes copyright infringement, please contact us by post at: PSE Healthy Energy, P.O. Box 6571, Ithaca NY 14851; or by electronically at: firstname.lastname@example.org
4. Privacy. PSE is committed to protecting your privacy. PSE collects information about you that you provide to us through online donations, volunteer and membership forms, and in correspondence to us. Only PSE staff has access to information provided via correspondence and volunteer forms. PSE contracts with third-party providers for web hosting and management of supporter/membership databases and monies received. Privacy and security of information provided through these parties is governed by privacy and security policies of those parties. PSE accepts no responsibility or liability for third-party policies, disclosures resulting from such policies, or any security breach experienced in a third-party site. We do not sell or share our membership/supporter lists.
5. Notice to Minors. This Site is intended for use by people under the age of eighteen (18) years of age (referred to as "Minors") only under the supervision of a parent, legal guardian or a responsible adult. Minors should seek assistance and guidance from parents or legal guardians or responsible adults before using this Site. As a reminder, the information provided on and through this Site is intended to provide support and general information.
6. Links to Other Sites. PSE may provide links from the Site to other sites that contain additional information as a convenience to you. PSE is not affiliated with the organizations that have created these sites, have no control over content posted at these sites, and make no representations about any such content. If you believe that we have provided a link to a site that contains illegal, inappropriate or infringing material, please notify us so that we may evaluate whether, in our sole discretion, to disable our link.
7. Violations/Indemnification. If you violate any of the terms of this Agreement, you agree that we may deny you further access to the Site. You agree that if asked, you will not attempt to access this Site. You further agree, at your own expense, to defend and indemnify us, and hold us harmless against, all claims that may be asserted against us, and all losses incurred, as a result of any violations of this Agreement by you.
8. Disclaimer of Warranties. In order to provide you with this free service, we are unable to offer any warranties or make any representations about the benefits that you may obtain at this Site. This site is made available to you "as is", without any guarantees about the nature, content, or accuracy – either when posted or as a result of the passage of time – of any material at this site, and without any representations or warranties, expressed or implied, of fitness for a particular purpose, title, or non-infringement. In addition, we make no representations, warranties, or guarantees that this site will be secure or continuously available without interruption. To the extent that you might otherwise believe that any guaranties, warranties, or representations have been made to you, including in this Agreement, you agree that such statements are merely non-binding expressions of policy.
9. Limitation on our Liability. In order to provide you with this free service, we are unable to accept liability for any conduct, acts, or omissions occurring at this Site or any losses you may incur. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT OR INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES. WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, THE LIABILITY OF PSE, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
a. By You. This Agreement may not be modified, either expressly or by implication, except as by obtaining our written consent signed by the PSE executive staff.
b. By PSE. We reserve the right, in our sole discretion, to modify this Agreement, without advance notice. Your right to access this Site is conditioned with your compliance with the then-current version of this Agreement. Therefore, we recommend that you check this Agreement each time you access our Site. It is your responsibility to review this page for possible modifications. We assume no responsibility for your failure to actually receive notice.
11. Dispute Resolution/Jurisdiction.
a. Governing Law. this Site is hosted on servers located in Ithaca NY. You agree that the laws of the state of New York, will govern this Agreement and any dispute that might arise between you and us, without regard to conflict of law principles.
b. Arbitration. All disputes arising out of or relating to this Agreement or the Site shall be resolved by binding arbitration conducted in Ithaca, NY, pursuant to the rules of the American Arbitration Association. However, you agree that we shall be entitled to obtain preliminary injunctive relief in court to enforce any of the terms of this Agreement, or to enforce our intellectual property rights, pending a final determination in arbitration. You consent to the exclusive jurisdiction and venue of state and federal courts located in New York State for such purpose.
12. Complete Agreement; Construction. This Agreement constitutes the entire agreement between you and PSE relating to your access and use of this Site and supersedes any prior or contemporaneous representations or agreements. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve, as closely as possible, the same effect as originally drafted, and all the other portions of this Agreement shall remain in effect.
13. Contact Us. For questions about this Agreement, to report potential infringement on our Site, or to make any suggestions or comments, feel free to contact us. All legal notices shall be sent to:
PSE Healthy Energy
Attn. Legal Notices
404 North Cayuga Street
Ithaca, NY 14851