Terms of Use

1. Introduction

Welcome to CLASS 5, Inc. (“CLASS 5″). CLASS 5 is a Minnesota corporation located and doing business at 1750 Commerce Court, White Bear Lake, Minnesota, 55110, USA. You can contact us at (651) 783-5630 or (888) 588-9052.

CLASS 5 creates, packages and sells various physical products related to energy efficiency education and management. These products are packaged together and collectively referred to as the “Plan.” For the benefit of its customers, CLASS 5 supplements the Plan by providing its customers access, via this Members Only Website (the “Website”), to a variety of resources, including software, training, downloadable forms and files, energy usage and cost tracking software access, printable resources, data and product information, message boards and information exchanges (collectively the “Tools”).

THIS IS A LEGAL AGREEMENT. IT GRANTS YOU CERTAIN RIGHTS AND IMPOSES CERTAIN OBLIGATIONS ON YOU RELATED TO YOUR USE OF THE PLAN, THE WEBSITE AND THE TOOLS. This Agreement applies to the entire contents of the Plan, the Website, and all of the Tools.

2. Acceptance of Terms

Use of the Plan, Website and Tools provided by CLASS 5 is subject to the following terms of use (“Terms”). CLASS 5 reserves the right to make any changes to the Terms at any time and it is your responsibility to check for any changes to the Terms. You will be bound by revised versions of the Terms that CLASS 5 posts on the Website. Modifications will be effective immediately upon posting unless we indicate otherwise.

3. Limited Use

CLASS 5 grants you a limited, non-exclusive, non-transferable, non-assignable license to use the Plan, the Website and the Tools. Your license to use our Plan, Website and Tools is subject to your agreement to abide by the Terms in their entirety, as well as any other laws, rules, procedures, policies, terms or conditions that govern use of the Plan, Website and Tools. At any time and for any reason we may revoke your license to use all or any portion of the Plan, Website or any of the Tools.

4. Member Accounts, User Names and Passwords

To use the Plan, Website and Tools, you must purchase the Plan and register as a Member of the Website by providing current, complete and accurate information as prompted by the applicable registration form. To purchase the Plan and register as a Member, you must accept the Terms. Completion of the registration process will require you to enter a serial number which is unique to each Plan. If you do not have or cannot find your serial number, please contact CLASS 5 by calling (888) 588-9052. Each serial number will allow you to register one (1) Member per Plan. If you require additional Members, please contact CLASS 5. You are entirely responsible for maintaining the confidentiality of your serial number(s).

As part of the Member registration process, you will choose a unique user name and a password for the account. You are entirely responsible for maintaining the confidentiality of any user name and password you choose. Sharing of user names and passwords is strictly prohibited. You are responsible for any and all activities that occur under your Member account(s). You are also responsible for all use of the Website and Tools accessed using your Member account(s). You agree to notify CLASS 5 immediately of any unauthorized use of your Member account(s), any other breach of security, or any breach of these Terms.

CLASS 5 will not be liable for any loss you incur as a result of someone else using your Member account(s) whether such use is with or without your knowledge. You, however, are liable for losses incurred by CLASS 5 or any of CLASS 5’s suppliers due to someone else using your Member account(s). You may not use anyone else’s user Member account(s) at any time without first obtaining the express written permission of CLASS 5 and the permission of the Member account holder.

Your Member account(s) expire on each annual anniversary date of Member registration, unless renewed with CLASS 5. Renewals may be purchased online or by contacting CLASS 5 at (888) 588-9052.

5. Non-commercial Use Limitations

Unless otherwise specified in writing by CLASS 5, the Plan, Website and Tools are for your private and non-commercial use. You may use the Plan, Website and Tools only to promote and monitor efforts to reduce energy consumption at facilities you own, lease or manage. Unless expressly and separately authorized in writing, use of the Plan, Website or Tools for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

You may not seek commercial gain by modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling any information, software, products or services obtained from the Plan, Website or Tools, or through any other use of the Plan, Website or Tools, unless expressly and separately authorized in writing by CLASS 5.

To obtain written authorization to make any commercial use of the Plan, Website or Tools, please contact CLASS 5 at (888) 588-9052.

6. Notice Related to Documents

The Plan, Website and Tools include various, checklists, tip sheets, worksheets, forms, templates, reports, booklets, publications, guidelines, lists, form letters, form e-mails, form newsletters, form notices, and other forms and communications. These, together with any other item created using any of the foregoing or similar documents, are collectively referred to in these Terms as “Documents.”

All Documents are the copyrighted work of CLASS 5. Permission to use, reproduce, and distribute Documents is granted, subject to the “Non-commercial Use Limitations” of Paragraph 5 above, provided that (1) the copyright notice shown below appears in all copies of the Documents; (2) no Document is posted or copied on any network computer or broadcast media; and (3) no modification of any Document is made other than completing fields of templates and forms as indicated in written instructions of CLASS 5 related to such templates and forms. All other modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling of Documents is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Documents specified above do not include the design or layout of the Class5energy.com website or any other CLASS 5 owned, operated, licensed or controlled site. Elements of CLASS 5 websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any CLASS 5 website may be copied or retransmitted unless expressly permitted by CLASS 5.

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE PLAN, WEBSITE OR TOOLS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CLASS 5 AND/OR ITS RESPECTIVE SUPPLIER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DOCUMENTS DESCRIBED HEREIN AT ANY TIME.

7. Copyright Notice

© 2012, CLASS 5, Inc. All Rights Reserved.

8. Notice Related to Software

The Tools include access to certain software, forms and computer utilities used to manage, track, and report on energy usage and cost avoidance (collectively “Software”). The Software is the copyrighted work of CLASS 5 and/or its suppliers. Certain Software is web-based. Use of web-based Software is governed exclusively by these Terms. Use of any downloadable Software is governed by these Terms and by the end user license agreement, if any, which accompanies the Software or is included with the Software. An end user will not be able to install any downloadable Software accompanied by or including an end user license agreement unless he or she agrees to the end user license agreement. To the extent the Terms are inconsistent with the terms of any such end user license agreement, the end user license agreement shall control.

The Software is made available subject to the “Non-Commercial Use Limitations” of Paragraph 5 above. Any other use of the Software is expressly prohibited. Any reproduction or redistribution of the Software (except as expressly authorized by an end user license agreement) is expressly prohibited. Any reports or other documents created or printed while using the Software are Documents under these Terms. Permission to use, reproduce, and distribute such reports and other documents is subject to all of the restrictions that exist for Documents. Any use of the Software and any reports or other documents created or printed while using the Software in a manner not authorized by these Terms (or a separate end user license) may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY A LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

9. Warranties

CLASS 5 AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE PLAN, WEBSITE AND TOOLS FOR ANY PURPOSE. THE PLAN, WEBSITE AND TOOLS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CLASS 5 AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE PLAN, WEBSITE AND TOOLS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CLASS 5 DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF THE PLAN, WEBSITE OR TOOLS.

IN NO EVENT SHALL CLASS 5 OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PLAN, WEBSITE OR TOOLS, THE PROVISION OF OR FAILURE TO PROVIDE THE PLAN, WEBSITE OR TOOLS, OR INFORMATION AVAILABLE FROM THE PLAN, WEBSITE OR TOOLS.

PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE PLAN, WEBSITE, AND TOOLS.

10. Notice Regarding CLASS 5 Data

CLASS 5 has developed at great expense valuable data related to energy efficiency, education, and management (“Data”). This Data is contained in or may be derived from the Plan, Website and Tools. Except to the extent you are authorized to use the Documents, the Software and the other Tools, you may not copy, download, scrape, store, publish, transmit, retransmit, transfer, distribute, disseminate, broadcast, circulate, sell, resell or otherwise use the Data, or any portion of the Data, in any form or by any means. Except to the extent you are authorized to use the Documents, Software and other Tools, you may not sell, license, sublicense or distribute Data (including printouts and downloaded data) to third parties or use the Data as a component of or as a basis for any material offered for sale, license, or distribution. Except to the extent you are authorized to use the Documents, Software and other Tools, all rights, title and interest in the Data, in all languages, formats and media throughout the world, including copyrights, are and will continue to be the exclusive property of CLASS 5. Any use of Data not authorized by these Terms will be prosecuted to the maximum extent possible.

11. No Unlawful or Prohibited Use

As a condition of your use of the Plan, Website and Tools, you will not use the Plan, Website or Tools for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website or Tools in any manner that could damage, disable, overburden, or impair any CLASS 5 server, or the network(s) connected to any CLASS 5 server, or interfere with any other party’s use and enjoyment of the Plan, Website or any of the Tools. You may not attempt to gain unauthorized access to any portion of the Website or any of the Tools, other accounts, computer systems or networks connected to any CLASS 5 server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Plan, Website and the Tools.

You agree that when using the Plan, Website and Tools you will not:

  • Use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
  • Use any material or information, including images or photographs, which are made available through the Tools in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
  • Advertise or offer to sell or buy any goods or services for any business purpose.
  • Download any file posted by another user of the Tools that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Plan, Website or Tools.
  • Harvest or otherwise collect information about others, including e-mail addresses.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Tools or other user or usage information or any portion thereof.

 CLASS 5 has no obligation to monitor use of the Plan, Website or Tools by you or others. However, CLASS 5 reserves the right to review materials posted to the Website or Tools and to remove any materials in its sole discretion. CLASS 5 reserves the right to terminate your access to any or all of the Website or Tools at any time, without notice, for any reason whatsoever.

CLASS 5 reserves the right to at all times to disclose any information as CLASS 5 deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of CLASS 5.

CLASS 5 does not control or endorse the content, messages, or information provided by you or others using the Plan, Website and Tools and, therefore, CLASS 5 specifically disclaims any liability with regard to the content, messages, or information provided by you or others using the Plan, Website and Tools and any actions resulting from use of the Plan, Website and Tools by you or others.

Materials provided by you or others when using the Plan, Website or Tools may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you post or download materials.

12. Information and Materials Provided to CLASS 5

When you open an account and use the Website and Tools, you will be providing CLASS 5 with certain information and materials (collectively referred to as “Submissions”). CLASS 5 does not claim ownership in any of your Submissions. However, by posting, uploading, inputting, providing or submitting your Submissions you are granting to CLASS 5, its suppliers and affiliates permission to use your Submissions, including without limitation the rights to (a) copy, distribute, transmit, publically display, publicly perform, reproduce, edit, translate and reformat your Submissions; (b) publish your name and the name and address of any facility associated with your account in connection with your Submissions; (c) the right to use, study, evaluate and publish any data contained within your Submissions; and (d) the right to sublicense such rights to third parties.

By transmitting your Submissions to CLASS 5, irrespective of the manner of transmission, you represent and warrant that you either own or otherwise have the right to (a) transmit the Submissions to CLASS 5 without violation of (i) any copyrights, trademark rights or trade secret rights of others, or (ii) any obligation of confidentiality owed to others; and (b) authorize CLASS 5 (and CLASS 5’s sublicensees) to use the Submissions as contemplated by these Terms without violating (i) any copyrights, trademark rights or trade secret rights of others, or (ii) any obligation of confidentiality owed to others. You further represent and warrant that all information contained in the Submission, after reasonable inquiry and investigation by you, is truthful, accurate, and not misleading.

With respect to Submissions containing images, photographs, pictures or other graphical representations (collectively referred to as “Images”) you further represent and warrant that a person depicted in such images, if any, and each owner of any property (tangible or intangible) depicted in such images, if any, has provided consent to use the Images as contemplated by these Terms.

CLASS 5 is under no obligation to use any of the Submissions you provide and CLASS 5 may delete, destroy, or modify any of your Submissions at any time without notice to you and within CLASS 5’s sole discretion. No compensation will be paid to you by CLASS 5 for any use made by CLASS 5 of your Submissions.

13. Links to Third Party Websites

The Plan, Website and Tools may contain links to websites which CLASS 5 does not control. CLASS 5 is not responsible for the contents of any linked website or any other website linked to a linked website. The inclusion of any such link does not imply any affiliation, connection or association between CLASS 5 and the owner or operator of any linked website and does not imply any endorsement, sponsorship, or approval of the linked website or its contents by CLASS 5.

14. Idea Submission Policy

To avoid potential misunderstandings or disputes, please do not send to CLASS 5 any ideas and materials which you believe to be proprietary or confidential. CLASS 5 will assume all ideas and materials you send to CLASS 5 are not proprietary or confidential and are available for CLASS 5 to use. CLASS 5 makes no representations or assurances that any ideas and materials you send to CLASS 5 will be treated as confidential or proprietary.

15. Trademarks

The following are U.S. trademarks of CLASS 5:

CLASS 5 (Ser. No. 85/169300)

SCHOOLS FOR ENERGY EFFICIENCY (Reg. No. 3,361,045)

SEE SCHOOLS FOR ENERGY EFFICIENCY (Ser. No. 76/669668)

SCHOOLS FOR ENERGY EFFICIENCY (Ser. No. 85/497563)

Any rights not expressly granted herein are reserved.

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