Welcome to the Terms of Service Agreement ("Agreement"). This is a legal agreement between you and Broker Exchange Network, LLC, a Minnesota limited liability company doing business as EnergyBin.com (hereinafter referred to as "EnergyBin," "We," "Us," or "Our"). EnergyBin provides the services ("Services") offered through EnergyBin.com (the "Site") to You as a registered subscriber or authorized user, subject to the terms and conditions of this Agreement. In this Agreement, "Member," "You," "Your," and "Yourself" refers to an individual accessing the Site, regardless of any particular EnergyBin product or Services purchased or licensed. To the extent applicable, "Member," "You," and "Your" also includes the company or organization, if any, on whose behalf an individual is accessing the Site.
By accessing the Site, You expressly acknowledge acceptance of the terms and conditions of this Agreement. The Agreement will continue in full force and effect until terminated pursuant to Section 5 (Termination). This Agreement is not a transfer of any of EnergyBin's property, rights or interests nor a license of any of EnergyBin's intellectual property.
EnergyBin reserves the right, in its sole and absolute discretion, to modify or discontinue the Site, or modify the terms and conditions of this Agreement, without notice or reason given to You. All modified terms and conditions of this Agreement will be effective 45 days after they are initially posted on the Site. If a modification is unacceptable, You may terminate this Agreement by giving notice of termination to EnergyBin and following the procedures in Section 5 (Termination). If You do not give EnergyBin notice of termination within 15 days of such modification(s), Your continued use of the Site signifies Your acceptance and agreement to be bound by the modification(s) to this Agreement.
EnergyBin accepts only those Members that meet EnergyBin's strict membership criteria. Accordingly, EnergyBin, in its sole and exclusive discretion, accepts only Members who are actively engaged in the solar energy parts industry as resellers, dealers, brokers, service centers, manufacturers, integrators, or variations of the preceding under certain conditions. In the sole and absolute discretion of EnergyBin, free trials and memberships will not be granted to competitors of EnergyBin, including, but not limited to, energy parts listing services, sourcing service websites, energy equipment brokering websites, or any company or individual that is a parent, subsidiary, division, or affiliate of any company or organization that competes with EnergyBin. Competitors or their affiliates approved for membership by standard, erroneous, or fraudulent means are in violation of this Agreement and the law, will be immediately terminated from Service, and may be prosecuted by EnergyBin to the fullest extent of the law. EnergyBin may, in its sole and absolute discretion, deny membership or Service to any person or entity for any reason or no reason.
To join the Site as a trial or subscribing company, logon to www.EnergyBin.com, choose the appropriate link, and fill out the required information. All information submitted to EnergyBin about Yourself and Your company must be valid, current, and accurate to the best of Your knowledge, or denial, termination, or suspension of membership may occur. After filling out and submitting the required information, a EnergyBin representative will review Your application, during which time You may be eligible for a free trial membership ("Free Trial"). During the Free Trial period, Your company will have access to EnergyBin's Basic Service level. The individual who enrolled Your company will be appointed the company administrator ("Administrator") by default. A EnergyBin representative will then e-mail Your Administrator a password ("Password") and login ("Login"). All Logins and Passwords are considered property of EnergyBin and are to be used only by the intended person, the Administrator. Violation of this requirement may cause company suspension or termination of its membership and the Services. The Administrator is responsible for approving individuals within Your company to access the Site as Members ("Members"), and is responsible for managing such Members, their actions, and the security levels for such Members. The security levels may be changed by the Administrator or a EnergyBin representative, in its sole and exclusive discretion. After Your Free Trial period expires, Your company may elect to continue Services. At such time, credit card or other payment information will be required after Your Administrator selects Your service level. The aforementioned rules regarding Administrator, Members, Login, and Password requirements shall continue after Your Free Trial period expires, and the fee for Services membership commences. Company membership may be suspended or terminated at any time without notice or reason in the sole and absolute discretion of EnergyBin.
To join as a Member of a Free Trial or subscribing company, visit www.EnergyBin.com, choose the appropriate link, and fill out the required information. All information submitted to EnergyBin about Yourself must be valid, current, and accurate to the best of Your knowledge, or denial, termination, or suspension of membership and the Services may occur. After filling out the required information, a EnergyBin representative may, in its sole and exclusive discretion, grant You access by sending You a Login and Password via e-mail, provided Your company is currently subscribed as a Free Trial or a paying Member, and your application is approved by Your Administrator. All Logins and Passwords are considered property of EnergyBin and are to be used only by the intended person, the Member. Violation of this may cause company suspension or termination of Services. If You cannot find Your company while signing up, contact Your company Administrator.
Your EnergyBin Service is billed either on a monthly or an annual basis unless a custom plan is implemented at EnergyBin's sole discretion. The minimum length of subscription for the EnergyBin Service is twelve (12) months. Other EnergyBin products such as BrokerBox services, custom memberships, or other services are billed annually with a minimum commitment of one (1) year, which services are also subject to this Agreement. Your subscription fees are payable in advance and are not refundable in whole or part.
Accepted credit cards are Visa, MasterCard, American Express, and Discover. Billing will be proactive, taking place on the 1st, 8th, 15th, or 22nd of the month, dependent upon Your Service plan. Invoices are available upon request and unless specifically requested, will not be mailed. If We do mail You an invoice at your request, administrative fees may apply and may be billed to Your account.
Company checks, wire transfers, and ACH payments are also accepted means of payment. Billing will take place annually. EnergyBin will charge a $30 service fee for each check returned NSF or otherwise not honored.
Past due accounts may be suspended or canceled without notice after any payment due becomes 15 days delinquent. EnergyBin reserves the right to charge a late fee of $15 per month on any past due account. You agree to be liable for all attorneys' and collection fees arising from efforts to collect any unpaid balance of Your account(s). You agree to be billed for and to pay any outstanding balance in the event of cancellation or termination of Your account upon demand. Unless You notify EnergyBin of any billing discrepancies within 90 days after they first appear on Your account statement, they will be deemed acceptable by You for all purposes, including resolution of inquiries made by Your credit card issuer. You waive and agree to release EnergyBin from all liabilities and claims of loss resulting from any billing discrepancy or error that is not reported to EnergyBin within 90 days of its publication in Your account.
EnergyBin reserves the right, at any time, to change its fees and billing methods, including the addition of supplemental fees or separate charges for online areas, content, or Services provided by EnergyBin, which will be effective 45 days after posting such changes on the Site (the "Effective Date"). EnergyBin may also elect, in its sole and absolute discretion, to supplement such notice of billing changes through pop-ups, e-mail, or U.S. Mail to the address provided by Your Administrator. If any such change is unacceptable to You, You may terminate Your membership as provided in Section 5 (Termination). Your continued use of the Site after the Effective Date will constitute Your acceptance of such change(s). You acknowledge that the notice efforts outlined in this section are adequate to inform you of any billing changes with respect to the Services.
This Agreement may be terminated by You upon providing 45 days advance written notice to EnergyBin. Three methods of notice of termination are acceptable: (1) e-mail to Sales@EnergyBin.com, (2) fax to 507-292-5747, attention Sales Manager or (3) U.S. Mail to EnergyBin.com 32 7th Ave NE, Rochester, MN 55906, attention Sales Manager. EnergyBin will not provide any refunds under any circumstances to Members who elect to terminate their membership(s) / account(s) prior to the expiration of their membership. In its sole and absolute discretion, EnergyBin may terminate this Agreement and Your access to the Services at any time without notice or reason. In the event EnergyBin receives any "ethics complaint" with respect to You, EnergyBin may, in its sole and absolute discretion, terminate Your access to the Services. You agree not to mine, harvest or script any data located on this Site; in the event that EnergyBin receives any evidence of this activity with respect to You, EnergyBin may, in its sole and absolute discretion, terminate Your access to the Services. The aforementioned activities materially interfere with and cause damage to EnergyBin's business; EnergyBin may seek monetary damages and / or equitable relief from You as a result therefrom. EnergyBin also, in its sole and absolute discretion, may suspend Your access to the Site at any time without notice or reason. In the event Your account is terminated or suspended, no refund will be granted to You.
All Logins and Passwords are the property of EnergyBin and may be revoked at anytime without notice. Logins and Passwords must be appropriate and unique on the Site. Logins and Passwords are to be used only by the intended person, who is the Administrator or Member. Logins and Passwords supplied to the Member are non-transferable and may only be used by the persons registered under those Logins and Passwords. Unauthorized use may cause company suspension or termination of its membership and the Services. Lost Passwords may be retrieved by logging on to Password Recovery, speaking to Your company Administrator, or contacting a EnergyBin representative.
You and Your Administrator are responsible for the deletion of Members and their user information when a Member of Your company quits, is terminated, or engages in conduct that violates the terms of this Agreement. You understand and agree that unauthorized logins are prohibited even when accomplished with legitimate Logins and Passwords. Unauthorized logins include, but are not limited to, competitors and their affiliates, terminated Members, and site hackers.
EnergyBin's Site is protected under copyright and other laws. Any reproduction or distribution of this Site information, by, for, or to any third party, is expressly prohibited.
EnergyBin does not represent that its Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. Membership in, and use of, the Services are void where prohibited. Software from the Services is subject to United States export controls and may not be downloaded, exported, or re-exported: (i) into (or to a national or resident of) any country with which the U.S. maintains a trade embargo prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List or Entities List. By downloading or using such software, You represent and warrant that You are not (a) located in or a national or resident of any such country or (b) on any such list or acting on behalf of any person or entity on any such list.
Additionally, You agree that You will not:
Each Member agrees to conduct Site business in an appropriate, honest, and ethical manner, including, but not limited to, accurately describing the Member's company, the Member's information, and the quantity, condition, age, stock status, price, and description of products the Member lists on the Site. Manipulation of the system to obtain premium listings is expressly prohibited. If any manipulation occurs, EnergyBin encourages You to report such conduct. Site business not conducted in good faith may result in suspension or termination of Services in EnergyBin's sole and exclusive discretion.
You understand and agree that information disclosed through EnergyBin's Site includes proprietary information belonging to EnergyBin. You agree not to copy or disclose to third parties, in whole or in part, any portion of the information, including, but not limited to, Site design, software, navigation, features of the Site, and information concerning other Members and the products they list on the Site. You further agree not to allow third parties to view Your screen sessions and the information contained in them while accessing the Site. The provisions of this Section 8 (Confidential Disclosure) survive termination or expiration of this Agreement.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that You upload, post, e-mail, transmit, or otherwise make available on Our Site ("Your Content"). You certify that You own all intellectual property rights in Your Content. You hereby grant Us, Our affiliates, and Our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license (through multiple tiers) to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on Our Site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
EnergyBin is, unless otherwise stated, the owner or licensee of all rights in this Site and its contents, software, databases, and Services. The materials contained in this Site are protected by the copyright and trademark laws and other laws of the United States, as well as international conventions and the laws of other countries. No user of this Site has any right, title, or interest in the Site, its content, any intellectual property therein, unless any content, software, databases, or services have been specifically licensed to You in writing by EnergyBin or by its licensor.
You are prohibited from using the Site or its Services to transmit, route, provide connections to, or store any material that infringes copyrighted works, trademarks, or otherwise violates, or promotes the violation of, the intellectual property rights of EnergyBin or any third party.
EnergyBin is committed to respecting others' intellectual property rights, and We ask Our Members to do the same. EnergyBin may, in its sole and absolute discretion, terminate the accounts or access rights of Members who violate others' intellectual property rights.
If You believe that Your work has been copied in a way that constitutes copyright infringement on Our Site, please deliver the following information to EnergyBin's Copyright Agent:
Attn: Copyright Agent
32 Seventh Ave. N.E.
Rochester, MN 55906
If You have a dispute with one or more Members or users of the Site, You hereby release EnergyBin (and its managers, governors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which reads: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states, nations, and jurisdictions waive their rights under analogous laws, statutes, and regulations. The provisions of this Section 11 (Release) survive termination or expiration of this Agreement.
You hereby agree to indemnify, defend, and hold EnergyBin and all of Our managers, governors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "EnergyBin Parties") harmless from and against any and all allegations, demands, claims, liabilities, damages, losses, fines, penalties, costs, and expenses of whatsoever nature (including attorneys' fees) incurred by any EnergyBin Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
You may not enter into any settlement that adversely affects EnergyBin without Our prior written approval. We reserve the right, at Our own 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.
The provisions of this Section 12 (Indemnity) survive termination or expiration of this Agreement.
THE SITE AND SERVICES AND GOODS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY OF ANY KIND. ENERGYBIN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, AND ALL COMMUNICATIONS BETWEEN MEMBERS MADE THROUGH THE SITE, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, OR NON-INFRINGEMENT. In addition, EnergyBin makes no representation or warranty that the operation of the Site will be error free. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You.
The provisions of this Section 13 (No Warranty; As Is) survive termination or expiration of this Agreement.
ENERGYBIN WILL NOT BE LIABLE TO YOU FOR LOST PROFITS, BUSINESS INTERRUPTION, LOST BUSINESS OPPORTUNITIES, LOST DATA OR ANY OTHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ENERGYBIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, ENERGYBIN'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) the total fees You paid to ENERGYBIN in the 12 months prior to the action giving rise to the liability, or (b) $100. ENERGYBIN WILL NOT BE LIABLE TO YOU FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN THE SITE OR SERVICES. Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to You.
Without limiting the foregoing, under no circumstances will EnergyBin be held liable for:
Without limiting the foregoing, You acknowledge that the Site contains links to websites controlled by companies other than EnergyBin, and You agree that EnergyBin is not responsible for and does not endorse, or accept any liability for, the content or use of those websites.
Electronic Communications Privacy Act Notice (18 U.S.C. § 2701-2711): Without limiting the foregoing, EnergyBin makes no guaranty of the confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site. EnergyBin will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade secret information, or any other content transmitted over networks accessed by the Site, or otherwise connected with Your use of the Site.
The provisions of this Section 14 (Limitation of Liability) survive termination or expiration of this Agreement.
Please click here to see Our full Terms and Conditions.
Each Party agrees that any controversy or claim arising out of or relating to this Agreement, the breach thereof, or its subject matter must be settled by binding arbitration in accordance with the commercial arbitration rules (then existing) of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration must be conducted in Rochester, Minnesota, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. If a Member files a claim or counterclaim against EnergyBin, the Member must do so on an individual basis and not with any other Member or as part of a class action. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings of any arbitration held pursuant to this Section 16. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which hereby is expressly excluded. Notwithstanding anything to the contrary, EnergyBin, the Member, or any other party to the arbitration may at any time seek injunctions or other forms of equitable relief from any state or federal court of competent jurisdiction in Olmsted, Ramsey, or Hennepin County, Minnesota (the "Court"), and each party hereby consents to and agrees to submit to the exclusive personal jurisdiction and venue of the Court for the purpose of seeking injunctions or other forms of equitable relief pending the completion of the arbitration.
The provisions of this Section 16 (Arbitration) survive termination or expiration of this Agreement.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
You represent and warrant that You have the legal right, power, and authority to agree to the terms of this Agreement on behalf of Yourself and any subscribing Member affiliated with You. You further agree that Your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that You have formed, executed, entered into, accepted the terms of, and otherwise authenticated this Agreement and acknowledged and agreed that this Agreement is an electronic record for purposes of E-Sign, UETA, and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by You and any subscribing Member affiliated with You. You consent to the use of (a) electronic means to provide You with any notices given pursuant to this Agreement and (b) electronic records to store information related to this Agreement and Your use of the Site and Services.
This Agreement and the rights of the parties hereunder will be governed by, interpreted, and enforced in accordance with the internal laws, and not the laws pertaining to choice or conflict of laws, of the State of Minnesota and the Federal Arbitration Act.
You may not assign or transfer this Agreement or any Member rights or obligations, in whole or in part, by operation of law or otherwise, without the prior written consent of EnergyBin, which may be withheld in its sole and exclusive discretion. EnergyBin may assign this Agreement in whole or in part without Your consent.
No waiver of this Agreement, or any part hereof, will be binding unless made in writing and signed by the party claimed to have made such waiver. No waiver of any breach or condition of this Agreement will be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to enforce subsequently the provision.
This Agreement together with the rules and policies of EnergyBin constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
If any provision of this Agreement is, becomes, or is deemed invalid, illegal, or unenforceable in any jurisdiction, (a) such provision will be deemed amended to conform to applicable laws of such jurisdiction so as to be valid and enforceable or, if such provision cannot be so amended without materially altering the intention of the parties, it will be stricken; (b) the validity, legality, and enforceability of such provision will not in any way be affected or impaired thereby in any other jurisdiction; and (c) the remainder of this Agreement will remain in full force and effect. Furthermore, in lieu of any invalid, illegal, or unenforceable provision, there will be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable.
The provisions of this Section 20 (General Provisions) survive termination or expiration of the Agreement.
This is EnergyBin Usage Policy, which supplements the service agreement of each user of EnergyBin's services (each, a "Subscriber"). Every Subscriber is subject to this Usage Policy, and by virtue of using EnergyBin's services, network, and/or systems (collectively the "Services") agrees to be bound by this Usage Policy. EnergyBin will revise this Usage Policy from time to time. A Subscriber's use of the Services after revisions to the Usage Policy are posted on EnergyBin's web site will constitute such person's acceptance of any changes or additions to the Usage Policy.
Subscribers may only use the Services for lawful purposes.
Subscribers violate this Usage Policy when they (or their affiliates or customers) engage in the following prohibited activities.
Any violation of any person's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. EnergyBin is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below).
Spamming, whether or not it overloads the Services or disrupts service to EnergyBin's Subscribers, is prohibited. The term "spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial message over the Internet or maintaining an open SMTP policy. EnergyBin reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were from an opt-in email list.
Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
"Hacking" and related activities is prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
We do not allow the use of anonymous proxy scripts on our servers. They can be very abusive to the server resources, affecting all users on that server.
The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software are prohibited.
The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. EnergyBin is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.
Transmission of any material in violation of any Federal, State or local regulation is prohibited. The use of the Services to engage in any activities that are determined by EnergyBin, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available Ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. EnergyBin will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
EnergyBin Web Hosting intends to offer services to host web sites, not store data. Using an account as an online storage space for archiving electronic files is prohibited.
Subscriber shall comply with all applicable laws and its published privacy policies with regard to private or confidential information and cookies used on its web site.
Engaging in any activity that, in EnergyBin's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, EnergyBin's business, operations, reputation, goodwill, customers and/or customer relations, or the ability of EnergyBin's customers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate this Usage Policy. In addition, a Subscriber's failure to cooperate with EnergyBin in correcting or preventing violations of this Usage Policy by, or that result from the activity of, a customer of a Subscriber is a violation of this Usage Policy.
In general, EnergyBin does not monitor its customers' web sites or activities to determine whether they are in compliance with this Usage Policy. However, when EnergyBin becomes aware of any violation of this Usage Policy, its Terms of Service Agreement or the terms and conditions of any other EnergyBin user agreement, EnergyBin may take any action to stop or correct such violation, including, but not limited to, shutting down a web site, denying access to the Services or to the Internet, and/or removing information. In addition, EnergyBin may take action against a Subscriber or a customer of such Subscriber because of the activities of such customer. EnergyBin reserves the right to take any such action even though such action may affect other customers of the Subscriber.
EnergyBin may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and web site activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request, to protect EnergyBin or others from harm, and/or to ensure the proper operation of the Services. EnergyBin has no obligation to notify any person, including the Subscriber about whom information is sought, that EnergyBin has provided the information.
In accordance with the Digital Millennium Copyright Act, EnergyBin has adopted a policy that provides for termination of web sites hosted by EnergyBin that are found to infringe on copyrights of third parties, which is included in EnergyBin's Terms of Service.
IF YOU DO NOT AGREE TO THIS USAGE POLICY, YOU MUST DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A SUBSCRIBER, CANCEL YOUR ACCOUNT.
You may review the most current version of the Usage Policy at our Web site. EnergyBin may change the Usage Policy, in whole or in part, at any time at EnergyBin's sole discretion. Posting of such changed Usage Policy on its Web site shall constitute notice of such changes to you, although EnergyBin may choose additional types of notice. EnergyBin will use reasonable efforts to provide you with 7 days advance notice of changes to the Rules that materially and adversely impact your use of the Services. Your continued use of the Services following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy is to cancel your account as described below.
We collect personal information about You in various ways, such as through this site and social media channels; at Our events and through phone and fax; and in connection with Our interactions with clients and vendors. We may collect the following types of personal information (as permitted under local law): contact information (such as name, postal address, email address and telephone number); username and password when You register on this site; geolocation data in connection with certain features of this site; information You provide about friends or other people You would like us to contact; and other information You may provide to us, such as in surveys or through the “Contact Us” feature on this site.
When You visit this site, We may collect certain information by automated means, such as cookies, web beacons and web server logs. The information We may collect in this manner includes IP address, unique device identifier, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on this site, dates and times of visits to this site and other usage statistics. A “cookie” is a file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and is used to transmit information collected through cookies back to a web server. Through these automated collection methods, We may obtain “clickstream data,” which is a log of the links and other content on which a visitor clicks while browsing a website. As the visitor clicks through the website, a record of the action may be collected and stored. We link certain data elements We have collected through automated means, such as Your browser information, with other information We have obtained about You to let us know, for example, whether You have opened an email We sent to You. Your browser may tell You how to be notified when You receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies You may not be able to use all of the features of this site. To the extent required by applicable law, We will obtain Your consent before collecting personal information using cookies or similar automated means.
The providers of third-party apps, tools, widgets and plug-ins on this site, such as social media sharing tools, also may use automated means to collect information regarding Your interactions with these features. This information is collected directly by the providers of the features and is subject to the privacy policies or notices of these providers. Subject to applicable law, EnergyBin is not responsible for these providers’ information practices.
We use the information described above to perform the following activities (as permitted under local law): creating and managing online accounts; managing Our client and vendor relationships; sending promotional materials, alerts regarding available positions and other communications; communicating about, and administering participation in, special events, promotions, programs, offers, surveys, contests and market research; responding to individuals’ inquiries; operating, evaluating and improving Our business (including developing, enhancing, analyzing and improving Our services; managing Our communications; performing data analytics; and performing accounting, auditing and other internal functions); protecting against, identifying and seeking to prevent fraud and other unlawful activity, claims and other liabilities; and complying with and enforcing applicable legal requirements, relevant industry standards, contractual obligations and Our policies.
We also may use the information in other ways for which We provide specific notice at or prior to the time of collection.
In addition, We use information collected through cookies, web beacons, pixels, web server logs and other automated means for purposes such as customizing Our users’ use of this site; delivering content tailored to Our users’ interests and the manner in which Our users use this site; and managing this site and other aspects of Our business. To the extent required by applicable law, We will obtain Your consent before collecting information using cookies or similar automated means.
We also use third-party analytics services on this site, such as those of Google Analytics. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze Your use of Our Sites. The information collected through these means (including IP address) may be disclosed to these analytics providers and other relevant third parties who use the information, for example, to evaluate use of the Sites. To learn more about these analytics services and how to opt out, please visit the following sites and any sites contained in the country-specific addenda:
Google Analytics: https://tools.google.com/dlpage/gaoptout
If You have applied for employment with EnergyBin, the Personal Data submitted with Your job application will be used to process and consider Your job application. We will not sell the data on Your application to unaffiliated third-parties for their marketing purposes. We may share the data on Your applications with recruiters, consultants, attorneys, background services and Our affiliates. The data on Your application may also be used for certain regulatory, compliance and legal purposes, consistent with this Privacy Statement.
To the extent the Personal Data You provide contains details of Your: racial or ethnic origin; political opinions or beliefs; religious beliefs; membership in a trade union or political party; physical or mental health condition; sexual life; commission (or alleged commission) of an offence or related proceedings; job evaluations or educational records, You expressly authorize EnergyBin to handle such details for the purposes of Your job application and for the other purposes described herein.
By submitting data to us online, You are sending it to the United States, where it will be subject to the protections afforded under US laws that may be different from the laws in Your country and which Your country may consider not to provide adequate privacy protections. If You do not agree that Your submission of Your application data will be governed solely by United States law, EnergyBin will not accept Your application.
We share the personal information We collect from You with vendors who perform services on Our behalf based on Our instructions. We do not authorize these vendors to use or disclose the information except as necessary to perform services on Our behalf or comply with legal requirements.
In addition, We may disclose information about You if We are required to do so by law or legal process; to law enforcement authorities or other government officials based on a lawful disclosure request; and when We believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer personal information We have about You in the event We sell or transfer all or a portion of Our business or assets (including in the event of a reorganization, dissolution or liquidation).
Information collected through third-party plug-ins and widgets on this site (such as information relating to Your use of a social media sharing tool) is collected directly by the providers of the plug-ins and widgets. This information is subject to the privacy policies of the providers of the plug-ins and widgets, and [Company Name] is not responsible for those providers’ information practices.
We maintain administrative, technical and physical safeguards designed to protect the personal information You provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
For Your convenience and information, this site may provide links to third-party sites, apps and services that may be operated by companies not affiliated with EnergyBin. These companies may have their own privacy notices or policies, which We strongly suggest You to review. We are not responsible for the privacy practices of any non-EnergyBin sites, apps or services.
EnergyBin Attn: Privacy Officer Address: 32 7th Ave NE, Rochester, MN 55906
All of Us have an interest in confirming that the products advertised through the site are not counterfeit or in any other way infringe on the intellectual property rights of others.
If You are a EnergyBin member that lists products for sale, You are solely responsible for the description of the item and for the authenticity of that item. If Your listing or product violates any EnergyBin policy, any regulation, rule or law, or is reported to Us by an owner of the intellectual property rights of the product or listing that the product or listing violates any rights of the intellectual property owner, the listing may be removed by Us and We may terminate Your membership. If a complaint is made against You alleging that You have sold counterfeit product or have otherwise violated the Intellectual Property rights of others, we will allow you to explain Your version of the facts giving rise to the complaint made against You. To help verify that the product and listing does not infringe on the intellectual property rights of the owner, EnergyBin has created an Intellectual Property Rights Owners Protection (“I PROP”) Program for any alleged violations of the property rights of others (See IPROP page 3 – for reporting suspected violations). Even if You are not the owner of the intellectual property rights, but believe there may be a violation, please report any potential violations. This Policy does not replace or supersede any other obligations You have as a Member of EnergyBin.
The following are only general guidelines to help You create listings that don’t infringe on the intellectual property rights of others. Those are only general guidelines that are not legal advice and are not to be construed as such. If You have questions about whether Your product or listing infringes the intellectual property rights of others, You should contact the manufacturer of the product you are listing, or an intellectual property attorney.
Make sure what You are selling is authentic;
Your product must be authentic. You must list only parts or products that are authentic. You may not list any counterfeit products. Legally it is no excuse to say that You did not know Your product was not authentic. It is Your obligation to investigate Your source for the products You list and to ensure that all products You list are authentic;
It is Your responsibility as a Seller to make sure that products You list do not infringe the intellectual property rights of others. If You are not sure the product You are listing is authentic, contact the intellectual property rights owner/manufacturer with any questions;
Use brand names and images appropriately;
Create your own content;
Contact the owner of the intellectual property before You create Your listing if You have any questions.
When selling a brand name product, You may mention the brand, and You may include photos that You have taken or that You have permission to use. Do not use the manufacturer’s text, images or logo unless you are authorized to do so. Do not suggest You are an authorized dealer or re-seller if You are not.
EnergyBin respects the intellectual property rights of others. If You think that a listing or product on the site is a violation of Your intellectual property rights, including copy rights, trademark or is a counterfeit product, please follow our Intellectual Property Rights Owners Procedure for making claims of infringement. (LINK)
EnergyBin investigates and responds promptly to any complaint alleging violations of intellectual property rights.
If You believe that a listing or product on the site violates Your intellectual property rights, please follow the procedure immediately following this section to report an alleged violation.
EnergyBin created the I PROP program to help protect the intellectual property rights of Sellers and purchasing EnergyBin members. The owners of intellectual property rights are ultimately responsible for protecting their intellectual property and We are not experts in the intellectual property rights of others. We need your help in identifying those listings on products that You believe violate your intellectual property rights, or those of others.
If You believe that an item or listing infringes on your intellectual property rights, or those of someone else, please report the alleged infringement by completing and submitting an online notification form.
You may instead submit a report in writing. In order to analyze Your complaint, please provide the following information:
A signature of the person making the complaint alleging violation of the intellectual property rights of the owner of the intellectual property in directing that the person signing the report is authorized to act on behalf of the intellectual property owner;
A description of the listing or product that you assert violates your intellectual property rights;
The mail address, phone number and email address for you;
Your statement that you have a good faith basis for asserting that there is a violation of the intellectual property rights of the owner.
EnergyBin’s agent for notice of claims of alleged violations of intellectual property rights may be reached at: Support@EnergyBin.com.