HSGS-Ameresco Terms and Conditions

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEBSITE.

HSGS-Ameresco, LLC. (“HSGS-Ameresco”) maintains this website as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

This website, and the information which it contains, is the property of HSGS-Ameresco and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.

All other product names are trademarks or registered trademarks of their respective owners.

Use of HSGS-Ameresco Website and Its Content
The information contained in this website is for general guidance on topics selected by HSGS-Ameresco. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this website. The information on this website is provided with the understanding that the provision of such information by HSGS-Ameresco and various authors and publishers’ providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this website should not be relied upon or used as a substitute for consultation with professional advisors.

HSGS-Ameresco may alter, suspend, or discontinue this website at any time for any reason, without notice or cost. The website may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this website, you agree to indemnify, hold harmless and defend HSGS-Ameresco from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of this website in violation of these terms.

No part of this website may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that HSGS-Ameresco authorizes you to view, copy, download, and print HSGS-Ameresco documents (such as white papers, press releases, data sheets, and FAQs) that are available on this website, subject to the following conditions:

The documents may be used solely for noncommercial, informational purposes.

The documents may not be modified.

Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this website or any documents displayed on this website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of HSGS-Ameresco or such third party that may own the trademark or copyright of material displayed on this website.

Accuracy of Content and Future Modifications to Website

The information on this website is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors.

HSGS-Ameresco reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

Standards of User Conduct

You may not use this website and its related services (the “Site”) to:

(i) transmit via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials (“Content”) that is or which HSGS-Ameresco considers in its sole discretion to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;

(ii) sell or promote any products or services;

(iii) introduce viruses, worms, Trojan horses and/or harmful code on the Internet;

(iv) display material that exploits, or otherwise exploit, children under 18 years of age;

(v) post any Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;

(vi) promote, solicit or participate in multi-level marketing or pyramid schemes;

(vii) harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;

(viii) impersonate any other person, including but not limited to, an HSGS-Ameresco official, expert or bulletin board leader, guide or host;

(ix) post or disclose any personally identifying information or private information about any third party without their consent;

(x) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including with limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of your business;

(xi) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or

(xii) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity. These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Site.

Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this website infringe your copyright, you may request removal of those materials (or access thereto) from this website by contacting HSGS-Ameresco’s copyright agent (identified below) and providing the following information:

1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3) Your name, address, telephone number and (if available) e-mail address.

4) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6) A signature or the electronic equivalent from the copyright holder or authorized representative.

HSGS-Ameresco’s agent for copyright issues relating to this website is as follows:

Responsible Manager, HSGS-Ameresco, LLC, 217 Cember Way, Suite C, Summerville, SC 29483, Phone: Phone: (843)-718-1866, E-mail: [email protected].

In an effort to protect the rights of copyright owners, HSGS-Ameresco maintains a policy for the termination or blocking, in appropriate circumstances, of users of this website who are repeat infringers.

Availability of Products and Services Mentioned

Information that HSGS-Ameresco publishes on this website may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country or state. Such references do not imply that HSGS-Ameresco intends to announce or make available such products or services to the general public, or in your country or state. Consult your HSGS-Ameresco account representative to determine which products and services may be available to you.

No Warranties

INFORMATION AND DOCUMENTS, INCLUDING PRODUCT AND SERVICE SPECIFICATIONS, PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, HSGS-AMERESCO DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Product and service descriptions and specifications are subject to change. HSGS-Ameresco periodically adds or updates the information and documents on this website without notice.

It is the user’s responsibility to ascertain whether any information downloaded from this website is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL HSGS-AMERESCO BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF HSGS-AMERESCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HSGS-AMERESCO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS YOU PAID TO HSGS-AMERESCO DURING THE MOST RECENT THREE-MONTH PERIOD IN CONNECTION WITH AMOUNTS WHICH YOU PAID FOR USING THIS WEBSITE.]

Links to Third-Party Websites

This website may contain links to non-HSGS-Ameresco websites. These links are provided to you as a convenience, and HSGS-Ameresco is not responsible for the content of any linked website. Any outside website accessed from the HSGS-Ameresco website is independent from HSGS-Ameresco, and HSGS-Ameresco has no control over the content of that website. In addition, a link to any non-HSGS-Ameresco website does not imply that HSGS-Ameresco endorses or accepts any responsibility for the content or use of such a website.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by HSGS-Ameresco of that third party or of any product or service provided by a third party.

Jurisdictional Issues

HSGS-Ameresco makes no representation that information on this website is appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to HSGS-Ameresco and Affiliated Servers

HSGS-Ameresco is entitled to use any information submitted by you for any purpose, without restriction (except as stated in HSGS-Ameresco’s Privacy Statement or in another Agreement between HSGS-Ameresco and you) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to HSGS-Ameresco and accepts responsibility for its accuracy, appropriateness, and legality.

Enforcement of Terms and Conditions

These Terms and conditions are governed and interpreted pursuant to the laws of the State of South Carolina, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Charleston, South Carolina, U.S.A, under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of South Carolina. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, HSGS-Ameresco shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of South Carolina or any other court of competent jurisdiction.

If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. HSGS-Ameresco may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by HSGS-Ameresco, as described above.

For Additional Information

If you have any questions about the rights and restrictions above, please contact HSGS-Ameresco’s Responsible Manager.