BY ACCESSING THE WEB SITE LOCATED AT mcrecc.apogee.net, USING THIS SITE OR ANY RELATED WEB PAGES INCLUDING WITHOUT LIMITATION ANY CONTENT, TOOLS OR APPLICATIONS ACCESIBLE ON SUCH WEB PAGES (COLLECTIVELY REFERRED TO AS “SITE”) IN ANY MANNER, YOU (“YOU”, “YOUR” OR “USER”) AGREE THAT YOU HAVE READ AND AGREE TO THESE TERMS OF USE THAT ARE POSTED ON THE SITE. THE SITE IS PROVIDED BY APOGEE INTERACTIVE AND/OR ITS SUPPLIERS AND LICENSORS (COLLECTIVELY REFERRED TO AS “WE”, “US” OR “COMPANY”).
This Site provides access to certain content, calculators and other applications related to energy and energy use and related matters (“Content”). The tools use calculations based on various factors, including information that You provide. The accuracy of any output from such tools will reflect the information You submit. Since information changes from time to time, we cannot guarantee that the Content is up-to-date or accurate. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice. The applications and tools made available on the Site are proprietary and may not be reverse engineered, decompiled, disassembled, copied, distributed or modified by You. You agree not to modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as expressly permitted in this Agreement. We may terminate your access to the Site if you fail to comply with any of the terms or conditions of these Terms of Use.
If You are provided with login information to access the Site, You are responsible to maintain the privacy and security of your login information, including user names and passwords, and not allow others to use the login information. You will notify us of any breach in secrecy of your login information. You agree to immediately notify Company by e-mail to interaction@apogee.net of any potential breaches of secrecy of the login information and of the departure of any employee with access to the login information. You agree not to link, “frame” or “mirror” any Content or information contained on or accessible from the Site without the prior written approval of the Company or its licensors, as may be appropriate.
You agree not to use the Site for any unlawful purpose or in anyway that might harm, damage, or disparage any other party. Without limiting the proceeding sentence and by way of example, You agree that You will not:
You agree to:
From time to time, the Site may contain references or links to third-party materials (including without limitation web sites) not controlled by the Company or its suppliers or licensors. The Company provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that the Company is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Site.
You agree to indemnify and hold harmless the Company and its licensors and suppliers, and their respective directors, officers, employees, agents and contractors, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, legal and accounting fees) arising from or in any way related to your violation of these Terms of Use or misuse of the Site by you or any of your employees, contractors or agents.
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, EVEN IF THE COMPANY OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT DAMAGES INCURRED BY YOU IN EXCESS OF FIFTY DOLLARS.
THE COMPANY AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Company may amend, modify or otherwise change these Terms of Use by posting such modifications on the Site. In the event any of the provisions of the Terms of Use are held unenforceable or invalid by a court of competent jurisdiction, such provisions shall be deemed severed from the applicable agreement, and the remaining provisions thereof shall remain in full force and effect. Failure of any party to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the future performance of any such terms or conditions. No consent to a breach of any express or implied term of the Terms of Use or any other notice, directive, or rule otherwise posted on the Site shall constitute a consent to any prior or subsequent breach. These Terms of Use will be governed by the laws of the State of Georgia, United States of America.