Last Updated: September 5th, 2014

BY ACCESSING OR USING ANY OF OUR WEBSITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE ANY OF OUR WEBSITES.

These Terms of Use ("Terms") apply to your access to and use of any website of the Building Energy Inc. ("Building Energy," "we" or "us"), including www.buildingenergy.com (collectively, the "Site"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Building Energy for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to be responsible to us if you violate these Terms.

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email, posting a notice on the Site and/or by posting the revised Terms to the Site and updating the "Last Updated" date above. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you may not continue accessing or using the Site.

All questions or comments about the Site or their contents should be directed to info@buildingenergy.com.

  1. Privacy Policy

    Please refer to our Privacy Policy [insert hyperlink] for information about how Building Energy collects, uses and discloses information about users of our Site.

  2. Eligibility

    You represent and warrant that you (a) are at least 18 years old, or, if not, that you will use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms, (b) have not been previously suspended from accessing the Site, and (c) have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party.

  3. Copyright and Limited License

    Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Building Energy logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Building Energy or its licensors and are protected by U.S. and international copyright laws.

    You are granted a limited, non-transferable, non-exclusive license to access and use the Site Materials; provided, however, that such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site Materials, except as expressly permitted on the Site; or (f) any use of the Site Materials other than for its intended purpose. Any use of the Site Materials other than as specifically authorized herein, without the prior written permission of Building Energy, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

  4. Trademarks

    "Building Energy," the Building Energy logos and any other product or service name or slogan contained in the Site are trademarks of Building Energy or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Building Energy or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with guidelines that Building Energy may provide you from time to time.

    You may not use any metatags or any other hidden text utilizing "Building Energy" or any other name, trademark or product or service name of Building Energy without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Building Energy and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.

  5. Hyperlinks

    You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Building Energy or any of our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Building Energy logo or other proprietary graphic of Building Energy to link to the Site without the express written permission of Building Energy. Further, you may not use, frame or utilize framing techniques to enclose any Building Energy trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Building Energy’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Building Energy or any third party.

  6. Third-Party Content

    Building Energy may provide third-party content on the Site, including advertisements and promotional offers,and may provide links to Web pages and data and content of third parties (collectively the "Third-Party Content"). Building Energy does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Building Energy is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk. The inclusion of Third-Party Content on the Site does not imply affiliation, endorsement or adoption by Building Energy of any Third-Party Content or any information contained therein. Your business dealings or correspondence with, or participation in the promotional offers of, any any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site.

  7. Feedback

    You may provide Building Energy with information and feedback (including, without limitation, questions, comments, suggestions, or the like) regarding the performance, features, functionality and your overall experience using the Services ("Feedback"), You hereby grant to Building Energy an exclusive, royalty-free, irrevocable, perpetual worldwide right and license to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute any such Feedback without limitation. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including, without limitation, developing, making, marketing, distributing and selling products and services incorporating such Feedback. You will not provide any such Feedback to any third party without Building Energy’s prior written consent in each instance. We will have no obligation to consider, use, return or preserve any Feedback you provide to us. Any Feedback you provide to us may or may not be treated confidentially by us, and we will have no obligation or liability to you for the use or disclosure of any Feedback. You should not to expect any compensation of any kind from us with respect to your Feedback.

  8. Repeat Infringer Policy; Copyright Complaints

    In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Building Energy has adopted a policy of terminating, in appropriate circumstances and at Building Energy’s sole discretion, users or account holders who are deemed to be repeat infringers. Building Energy may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

    If you believe that anything on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

    Name of Designated Agent: Magnus Cheifetz
    Address: 205 SW Pine Street, Portland, Oregon. 97204
    E-Mail Address: info@buildingenergy.com

    Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  9. No Third-Party Beneficiaries

    These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations to any such third party.

  10. Modifications to the Site

    Building Energy reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Building Energy will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

  11. Governing Law

    Any dispute between the parties will be governed by these Terms and the laws of the State of Oregon and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.

  12. Termination

    Notwithstanding any of these Terms, Building Energy reserves the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.

  13. Severability

    If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.