TERMS AND CONDITIONS

Effective Date: June 13, 2011

These Website Terms and Conditions (these “Terms”) set forth the terms and conditions for use of this website (this “Website”). In these Terms, “you” or “your” refers to any user of this Website, and “we” or “us” or “our” refers to the owner(s) or operator(s) of this Website.

Please read these Terms and the information referred to or linked to in these Terms carefully and ensure you understand them. From time to time, we may unilaterally modify these Terms, so it is important that you review these Terms every time you use this Website. Any use of this Website is conditioned on your agreement to, and compliance with, all of these Terms. Your initial acceptance of these Terms and your continued use of this Website constitutes your agreement to comply with all of the terms and conditions in these Terms.

  1. Use of this Website
    1. We grant you a limited, non-exclusive, revocable, non-assignable, non-transferable right, without the right to sublicense or grant sublicenses, to access and/or use this Website, the services and features offered to users of this Website (collectively, “Services”), and the material, and information on this Website (“Content”) that is made available by us for your access and/or use under these Terms. The foregoing rights are the only rights granted to you with regard to this Website, the Services, and any Content and are conditioned on your continued compliance with these Terms. We may at any time, with or without prior notice, modify, change, remove, and add any Services, Content, change the address of this Website, or suspend, terminate, prevent access, or undertake maintenance regarding this Website or any part thereof without being liable to you or anyone else, except if and to the extent prohibited by applicable U.S. federal or Texas state or local law.
    2. Use or access to any Services or Content may be conditioned on your registering with this Website and creating a user account (“Registration”). There is no cost for the Registration. The Registration is required to create a user account (“User Account”) and give you access to certain Services and Content not available to users that are not registered. Registration and a User Account are required, without limitation, for posting comments, messages, energy consumption tips, stories, and photos and other images (collectively, “Postings”) on any blog, message board, or similar place on this Website. You agree that all Postings are subject to review and editing by us before they are made available to other users and that we may decide, in our discretion, not to make any Posting available, or to delete or remove any Posting. Please read Section 4 below for more information on our rights regarding Postings. As part of the registration, you will be asked to provide certain personally identifiable information and other information about yourself. Please read our Privacy Policy to know what information we collect and how we use, disclose and share such information. You are solely responsible for maintaining and updating the Information in your Registration information. You agree to ensure that the information in your Registration is always current. You will also be asked to select a user name or identification, such as a screen name or screen identification (each, a “User Name”) and a password (the “Password”). There may be specific requirements or conditions on the selection of the User Name and Password. You agree: (i) not to use your real name or the real name of another person as the User Name, (ii) not to use or select a User Name for any deceptive, fraudulent, unlawful, or illegal purposes, and (iii) that your User Name will be visible to all users of this Website and the internet’s general public while you use this Website. The Password is used to identify you as the authorized user under the User Name. You are also responsible for protecting the secrecy and confidentiality of the Password and liable for any consequences of your sharing the Password with any third party.
    3. You agree that, while accessing or using this Website, you will not:
      1. monitor, gather, obtain, use, access or copy Content, any information residing on any server or database connected to this Website, or any information of other users of this Website by using any robot, bot, spider, crawler, spyware, malware, beacon, engine, device, software, or extraction tool, other than as prescribed by identified functionality provided by this Website, or without legal authorization or permission;
      2. obtain or attempt to obtain unauthorized access, such as circumventing or attempting to circumvent any authentication or other security feature of any system, network, or account associated with this Website. This includes logging into a server or account you are not authorized to access, or probing the security of any system, network, or account.
      3. interrupt, damage, disable, overburden, circumvent, reverse engineer, make unauthorized use, interfere with another’s use of, or impair this Website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; or
      4. assist, support, incite or cause any third party in engaging in any activity set forth in this Section 1(c) or that otherwise violates these Terms.
    4. When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via this Website or otherwise, satisfy any legal requirement that such communications be in writing.
    5. If any sweepstakes, contests and surveys (“Special Promotions”) are offered by us on this Website, they are subject to the Terms of Contests. Please read the Terms of Contest carefully before participating in any Special Promotion.
    6. YOU ARE RESPONSIBLE FOR PROVIDING, PAYING FOR, AND ENSURING ANY INTERNET CONNECTION AND THE USE OF ANY COMPUTER, HARDWARE AND SOFTWARE NECESSARY OR USED FOR ACCESSING AND USING THIS WEBSITE, AND FOR PAYING FOR AND MAINTAINING SUCH CONNECTION, COMPUTER, HARDWARE AND SOFTWARE.
  2. Ownership of this Website, Services and Content; Marks
    1. We and/or our licensors own this Website, any Services, any Content, and any copy, derivative work, improvement, derivation, translation, and/or transliteration of this Website or any Content, and all copyrights, trademarks, patents, trade secrets, and other intellectual property rights whatsoever, existing wherever and under whatever law, in and to this Website, any page hereof, any Services, and any Content (“Intellectual Property Rights”). Except solely for the right to access and use this Website, the Services, and the Content as expressly set forth in Section 1(a) of these Terms, we do not grant you, and you do not receive, any right, title, interest, or license in or to or regarding, and you may not use or utilize in any way, the Website, any Services, any Content, any Intellectual Property Rights, or any such copy, derivative work, improvement, derivation, translation, and/or transliteration. Should you own or acquire any such right, title, interest, or license, you agree to assign and transfer, and hereby assign and transfer, such right, title, interest or license to us and agree to take such steps as requested by us to ensure and cause such assignment and transfer to the fullest extent possible under applicable law.
    2. The trademarks, service marks, tradenames, logos, domain names, and other names, marks and source identifiers displayed on or used with this Website, any Services or any Content are owned by us or third parties, and this Website’s trade dress is owned by us (collectively, the “Marks”). All Marks not owned by us are the property of their respective owners, and are used by us with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Mark without the express written permission of us or the third party rights holder.
  3. Privacy
    We collect, use, disclose and share information collected from you in accordance with our Privacy Policy. Please read the Privacy Policy carefully and ensure that you understand it before using this Website.
  4. Submissions
    1. We may give you the opportunity to submit Postings on a blog, message board, or similar place on this Website and to submit other comments, suggestions, testimonials, remarks, complaints, ideals, statements or other materials of any kind by mail, e-mail, voice, direct communication through this Website, or in other form (collectively, “Submissions”). You may provide us with any Submission in the manner, and subject to the limitation, stated on this Website as long as the Submission does not violate any law or right of any person or entity and is not threatening, libelous, slanderous, defamatory, pornographic, or otherwise inappropriate.
    2. By providing a Submission, you grant us the irrevocable, world-wide, assignable, transferable, sublicenseable right and license to reproduce, copy, display, publish, disseminate, distribute, dispose of, create derivative works and derivations from, and in any way use and utilize such Submission for any purpose. We shall not be liable to you, and you shall have no claim against us, for any royalty, fee, or payment of any kind in connection with any use or utilization of a Submission or for the compensation or reimbursement of any cost, expense or liability incurred by you. By providing us with a Submission, you expressly agree and consent that we:
      1. are not required to use or publish any Submission and may decide to do so in our sole discretion;
      2. may publish or display the Submission or any part thereof on this Website or in any of our promotional, marketing or informational materials;
      3. may edit the Submission prior to any publication or display thereof and edit, delete, or remove the Submission after any publication or display on this Website;
      4. communicate with you via any e-mail address, text address, or other means of communications that you used or provided to us in connection with providing a Submission or other correspondence with us, and you shall be liable for any costs and fees to your service provider enabling such communication (e.g., text messaging fees); and
      5. may identify you, when publishing or publishing the Submission or part thereof, as the source of the Submission by displaying or setting forth your User Name or your full first name, the initial of your last name, and the city and state of your residency, as provided by you.
    3. We do not return any Submission provided to us in hard copy. We have no obligation or responsibility regarding any Submission. Thus, please do not submit originals or documents you would like to keep. We are not liable for any loss, destruction or disposal of any Submission. Any Submission submitted by you is submitted at your own risk.
    4. Entries for any Special Promotion will be accepted only in the form requested by us.
  5. DISCLAIMERS; EXCLUSION AND LIMITATION OF LIABILITY
    1. WE PROVIDE ANY ACCESS TO AND USE OF THIS WEBSITE, ANY SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL PROMOTION), AND ANY CONTENT ON AN “AS IS” “WHERE IS” BASIS. YOU ACCESS AND USE THIS WEBSITE, ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL PROMOTION, ANY CONTENT, AND YOUR USER NAME AND PASSWORD AT YOUR OWN RISK. WE MAKE NO WARRANTIES AND REPRESENTATIONS WITH REGARD TO THIS WEBSITE, ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL PROMOTION, ANY CONTENT, YOUR USER NAME AND PASSWORD, OR ANY ACCESS, ACCESSIBILITY, USE, OR UTILITY THEREOF (INCLUDING, WITHOUT LIMITATION, THAT ANY ACCESS TO OR USE OF THIS WEBSITE, ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL PROMOTION, OR ANY CONTENT WILL BE FREE OF INTERRUPTIONS, ERRORS, DELAYS, OR OUTAGES OR WILL ACHIEVE PARTICULAR RESULTS OR MEET YOUR REQUIREMENTS). WE DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND COVENANTS, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, WORKMANSHIP, TITLE, LICENSE, AND NON-INFRINGEMENT.
    2. NEITHER WE NOR ANY OF OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR LIQUIDATED, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, DAMAGE TO PROPERTY, WITH REGARD TO AND IN CONNECTION WITH THIS WEBSITE, ANY SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL PROMOTION, ANY CONTENT, ANY USER NAME, ANY PASSWORD, ANY USE OR ACCESS THEREOF, OR ANY DELAY, INTERRUPTION, FAILURE OR INABILITY OF SUCH USE OR ACCESS, EXCEPT FOR ANY DIRECT DAMAGES RESULTING FROM OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. IF THIS SUBSECTION (c) IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT OF US$50.
    3. WE DO NOT PROVIDE ANY LEGAL OR OTHER ADVICE ON THIS WEBSITE, ANY SERVICES, OR ANY CONTENT. NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH OR FROM THIS WEBSITE CONSTITUTES OR WILL GIVE RISE TO ANY WARRANTY.
    4. THE DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 5 ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU.
    5. NEITHER WE NOR ANY OF OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS SHALL BE LIABLE FOR ANY ACT OR EVENT THAT IS BEYOND OUR OR ITS CONTROL AND WHICH COULD NOT BE REASONABLY ANTICIPATED OR PREVENTED THROUGH THE USE OF REASONABLE MEASURES, INCLUDING, BUT NOT LIMITED TO, AN ACT OF GOD, ACT OF THE PUBLIC ENEMY, TERRORISM, WAR, INSURRECTION, RIOT, FIRE, EXPLOSION, LABOR DISTURBANCE OR STRIKE, NATURAL DISASTER, WILDLIFE, UNAVOIDABLE ACCIDENT, EQUIPMENT OR MATERIAL SHORTAGE, BREAKDOWN OR ACCIDENT TO MACHINERY OR EQUIPMENT, OR GOOD FAITH COMPLIANCE WITH AN ORDER, LAW, RULE, REGULATION, OR RESTRICTION BY A GOVERNMENTAL, MILITARY, OR LAWFULLY ESTABLISHED CIVILIAN AUTHORITY.
    6. IF AND TO THE EXTENT THAT ANY APPLICABLE LAW PROVIDES THAT, NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION 5, ANY DISCLAIMER, EXCLUSION OF LIABILITY, OR LIMITATION OF LIABILITY, OR PART THEREOF, SET FORTH IN THIS SECTION 5 IS NOT VALID OR ENFORCEABLE, THE DISCLAIMER OR EXCLUSION OF LIABILITY OR LIMITATION OF LIABILITY UNDER THIS SECTION 5 SHALL BE INTERPRETED TO BE EFFECTIVE TO THE GREATEST EXTENT TO EFFECT THE PURPOSES AND INTENT OF SUCH PROVISIONS AS WRITTEN HEREIN AND AS PERMISSIBLE UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY, THEREFORE, IF THIS IS THE CASE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  6. Indemnification
    You agree to indemnify, defend, and hold harmless us, our affiliates, and the officers, employees, agents, vendors, contractors, consultants, licensors, or suppliers of us or our affiliates (collectively, the “Indemnitees”) from any damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) on account of any claim, suit, action, demand, or proceeding made or brought against any Indemnitee, or on account of the investigation, defense, or settlement thereof, arising in connection with: (i) your registration as a user of this Website or any use of your User Name and/or Password, (ii) your direct or indirect access to and your viewing, use, and downloading of this Website or any Content, and/or use of any Services (including, without limitation, any Special Promotion) or any Content, (iii) any communication by you or on your behalf, (iv) any breach of any law or any of these Terms by you or anybody acting on your behalf, (v) any negligence, willful misconduct, or strict liability of you or anybody acting on your behalf, regardless of any contributory, sole, or comparative negligence of us, and/or (vi) any loss, destruction, corruption, disclosure, or use of or damage to any Content as a result of any act or omission by you or on your behalf.
  7. Linking; Framing; Alert Banners and Customer Education
    1. In some cases, we may post links to any sites or pages outside this Website, which are provided solely for your convenience, and you access or use such links, sites or pages at your own risk. In other cases, you may access this Website through the link on another website or page or framed by another site. In no event are we responsible or liable for any link, any site or page linked from this Website or linking to this Website, any site or page framed by this Website or part of it or framing this Website or any part of it, or for any contents, data, materials, software, code, virus, worm, or other thing contained in, transmitted by or affecting any such link, linked site or page, linking site or page, framed site or page, or framing site or page. You may not frame this Website or any Content, or deep-link to any part of this Website or any Content, or any part thereof, or cause any banners to appear anywhere on or in connection with this Website or any Content, or any part thereof.
    2. We reserve the right to post alert banners, customer education and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any third parties found on or through this Website (including via linked sites) are solely between you and the third party (including, without limitation, issues related to the content of third party payments, delivery of goods, warranties, and the like). We disclaim all liability in connection with therewith.
  8. Termination
    Except if and to the extent U.S. federal law or Texas state or local law requires otherwise, we may terminate the rights granted to you hereunder, and any and all access to and use of this Website by you, at any time, with or without specific notice, for any reason and without any obligation to you whatsoever (for example, by simply blocking your access to this Website unless such blocking of access is illegal under applicable law, closing this Website, or taking or failing to take any action). Upon termination of your use rights, or access to and use of this Website, you must irrevocably delete and destroy any such copies and installations.
  9. Investigations; Cooperation with Law Enforcement
    We reserve the right, without any limitation whatsoever, to: (i) investigate any suspected breaches of this Website’s security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on this Website, (iii) involve and cooperate with law enforcement authorities in investigating any such matters, (iv) prosecute violators of these Terms to the full extent of the law, and (v) delete or modify any content on the site, including any materials or items you may have acquired through your use of this Website. We agree to take all reasonable precautions to ensure that Your Personal Information is not viewed or taken by any person other than as necessary in connection with any of the foregoing.
  10. Miscellaneous
    1. You and we are independent contractors, each without the power or authority to bind, contract or commit the other. We are not, and nothing in the Terms, on this Website, or in any Content shall be interpreted that, directly or indirectly, we are a partner, joint venturer, co-owner or otherwise participant in a joint or common undertaking with you, or that we are an employer or agent of you or that you are an employee or agent of us. Neither these Terms nor your access and use of this Website, any Services, or any Content establishes any agreement or other relationship between you and any of our affiliates, vendors, contractors, consultants, licensors, or suppliers or any obligation or duty of our affiliates, vendors, contractors, consultants, licensors, or suppliers to you.
    2. Nothing in these Terms, on this Website, or in or on Services or any Content, or any act or omission, including, without limitation, selection or seeking or failure to select or seek a certain right or remedy, constitutes, and shall not be construed to constitute, any waiver by us of any right or remedy under, or for a breach of, these Terms, which waiver must be express and written.
    3. Should any section, or portion thereof, of these Terms be held invalid by reason of any law existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any governmental body, such section or portion thereof shall be validly reformed so as to approximate the intent of these Terms as nearly as possible and, if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; these Terms shall not otherwise be affected.
    4. These Terms constitute the entire terms and agreement regarding your access and use of this Website, the Services, and any Content. We may, at any time, without the need for notice, assign, transfer, convey, or delegate any rights or obligations under these Terms.
    5. These Terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions whose application would result in the application of the law of a different jurisdiction.
    6. If you have any questions or inquiries regarding these Terms or this Website, please contact us using the Contact Us link below.

PRIVACY POLICY STATEMENT

Effective Date: June 13, 2011

Please read this Privacy Policy Statement (this “Privacy Policy”) carefully and ensure that you understand it before using this website (this “Website”). Your use of this Website and any information, material, services, and features offered to users of this Website (collectively, “Services”) is subject to this Privacy Policy. In this Privacy Policy, “you” or “your” refers to any user of this Website, and “we” or “us” or “our” refers to the owner(s) or operator(s) of this Website.

This Privacy Policy intends to provide you notice of our management practices of Information, what Information is collected and how it is used and stored. Your use of this Web site constitutes Your acceptance of this Privacy Policy and any other applicable terms. The Website Terms and Conditions for this Website are hereby incorporated by reference.

What Information is Covered by this Privacy Policy?

This Privacy Policy applies to any information, data, comments, suggestions, testimonials, photos and other images, media, remarks, complaints, ideals, statements or other materials of any kind that you submit, send or provide to us (collectively, “Information”), including, without limitation, any personal and Personally Identifiable Information and data (including, but not limited to, your name, address, zip-code, location, e-mail address, and telephone, cell phone, or mobile device number or address) that you provide to us as part of the registration with this Website, use of this Website, in communications with us, or otherwise (“Personally Identifiable Information”).

What Personally Identifiable Information Do We Collect?

We respect your privacy and are committed to protecting Personally Identifiable Information that you provide in connection with your use of this Website.

Registration

You may register with this Website and create a user account (“Registration”). There is no cost for the Registration. The Registration is required to create a user account (“User Account”) and give you access to certain Services or areas of this Website not available to users that are not registered. As part of the registration, you will be asked to provide certain Personally Identifiable Information and other Information about yourself, such as your name, address, and e-mail address. You are solely responsible for maintaining and updating the Information in your Registration information. You agree to ensure that the Information, including, without limitation, your name, address and e-mail address, in your Registration is always current.

You will also be asked to select a user name or identification, such as a screen name or screen identification (each, a “User Name”) and a password (the “Password”). There may be specific requirements or conditions on the selection of the User Name and Password. Please do not use your real name. You agree not to use the real name of another person as a User Name or to select or use a User Name for any deceptive, fraudulent, unlawful, or illegal purposes. Your User Name will be visible to all users of this Website and the internet’s general public while you use some Services. Therefore, please exercise discretion when using Services. This Privacy Policy does not apply to any Information that you disclose publicly in the context of using Services. The Password is used to identify you as the authorized user under the User Name. You are also responsible for protecting the secrecy and confidentiality of the Password and liable for any consequences of your sharing the Password with any third party.

This Website may permit you to create a profile that, or parts of it, is visible to other users of this Website or the Internet’s general public (“Profile”). You are solely responsible for the creation, management, maintenance and updating of the Information in your Profile. If the creation of your Profile permits you to identify parts that are public and private, you are solely responsible for determining the public or private status of any Information in your Profile.

You may access, edit, deactivate, or remove your Profile by signing in to your User Account and following the directions there. You can also use the Contact Us page to request deactivation of your User Account and Registration. After deactivation or removal of your User Account, you will not be able to access Information or areas of this Website requiring Registration. To do so, you will have to register again and create a new User Account. Following deactivation or removal of your User Account, we may, but will not be obligated, continue storing any Information that you provided to us. We will treat such Information in accordance with this Privacy Policy but reserve the right to delete and destroy it at any time.

Special Promotions and Contests

To participate in some Services such as sweepstakes, contests and surveys (“Special Promotions”), you will need to provide Personally Identifiable Information. Your Information may be collected by us or by a third party, such as a co-sponsor or a vendor involved in, or providing services in connection with, a Special Promotion. If you enter a contest, sweepstakes or other Special Promotion on this Website or through a Service on this Website, we will collect your Personally Identifiable Information and other Information. We will use, disclose and share your Personally Identifiable Information and other Information as set forth in “How Do We Use, Disclose, and Share Information? – Personally Identifiable Information” below.

Information Collected by Other Means or Media

In some situations, we may also collect Personally Identifiable Information and other Information about you through other means, directly or indirectly. For example, if you access this Website or any Services via your internet service provider (ISP) or wireless carrier or through another third party, we may collect Information directly from you or through the third party. In each of these cases, we will apply this policy to any Personally Identifiable Information.

Customer Service

We may offer support and technical assistance through customer service centers via telephone, online chat, or e-mail. Whenever you communicate with customer service, you agree that an operator may view, use and change Information in your User Account to provide the assistance that you need.

What Non-Personally Identifiable Information Do We Collect?

As part of the registration process for some Services, you may be asked to provide information that is not Personally Identifiable Information. For example, you may be asked to provide Information concerning your use of electricity and energy, and the like. This Information is generally optional but may be included in your User Account profile. We requests this Information to understand you and your use of electricity better and to also bring to your attention new services, programs, or offers that may be of interest to you.

Submissions

We may give you the opportunity to submit comments, suggestions, testimonials, remarks, complaints, statements or other materials of any kind by mail, e-mail, voice, direct communication through the Website, or in other form (collectively, “Submissions”). Unless you state expressly in the Submission that all or any part of it is confidential, you agree that we can use, share, and disclose any and all of the Submission as set forth in the Website Terms and Conditions and any such Submission and part thereof will not be subject to this Privacy Policy. If and to the extent that you expressly state in the Submission that all or a part of it is confidential, we may use, share, and disclose any and all of the Submission as set forth in the Website Terms and Conditions but will agree not to disclose publicly any of your Personally Identifiable Information in connection with the Submission. You agree that we may disclose you as the source of the Submission internally and among the operator(s) of this Website or if we are required to do so by law or governmental or court order or to enforce any of our rights related to or in connection with the Submission.

Cookies and Related Technology

This Website and some Services and advertisements may contain “cookies,” clear gifs (also known as web beacons or web bugs), or similar technology. A cookie is a piece of data that is sent to your Internet browser, which will store the cookie on your computer if your browser is enabled to accept cookies. Web beacons assist in the delivery of cookies and the collection of non-Personally Identifiable Information, such as “click path” and other data as described above.

We use cookies, clear gifs, frames, server log analysis and other technologies as they are developed to customize your experience with this Website and Services. All sections of this Website where you are prompted to log in or that are customizable require your web browser to accept cookies.

We may track your use of this Website, including, without limitation, clicks from hyper links, hits per week, duration of your visit, and activities during your visit. This Website may capture your Internet Protocol addresses. We use Internet Protocol addresses to help diagnose problems with our server, to administer this Website, and to help ensure the security of your interaction with this Website. Your IP address is used to help identify you.

Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or “Help” screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of this Website and Services may not function properly.

We do not control cookies in third party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. The ads appearing on this Website may be delivered to you by third-party advertising companies. This Privacy Policy does not cover the use of Information collected from you by third party ad servers.

COPPA – Special Notice Regarding Children Under 13

We recognize the sensitivity of Personally Identifiable Information concerning children under the age of 13 and therefore provides this special notice. We are committed to complying with all applicable laws and regulations regarding children, including the Children’s Online Privacy Protection Act (“COPPA”). This Website is not directed at children under the age of 13, and except in limited circumstances allowed by COPPA, we will not knowingly collect, maintain, or disclose any Personally Identifiable Information from a child under the age of 13 without first obtaining consent from that child’s parent or legal guardian.

If we choose in the future to make Services available to children under the age of 13, we will comply with the requirements of COPPA. In that case, the child will be prompted to print out a form for you to complete and mail in to us. The form will list the Information required from both parent/guardian and child, as well as the intended uses of the Information. We will only collect information that is reasonably necessary for your child to participate, and we will not share your child’s Personally Identifiable Information with any third party (except for purposes of fulfillment by a third party that has agreed to protect the information in accordance with this Privacy Policy), unless you specifically consent, or as permitted by COPPA or other applicable law. You may also subsequently revoke your consent and request that your child’s information be removed from our active list. Please refer to the form for instructions and further information.

If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her Personally Identifiable Information without your permission or consent, we will make reasonable efforts to remove the Information from our active list, at your request. To request the removal of your child’s information, please use the Contact Us page and be sure to include in your message the same User Name and password and/or e-mail address that your child submitted.

We encourage parents and guardians to spend time online with their children to become familiar with the types of content available on this Website and the Internet generally.

How Do We Use, Disclose, and Share Information?

Non-Personally Identifiable Information

You agree that we may, from time to time, use, disclose, and share with third parties aggregate, non-Personally Identifiable Information to show general demographic and preference information among users of this Website.

Personally Identifiable Information

We use Personally Identifiable Information about you to deliver Services that you request, to keep you informed about changes affecting our Services or your account, to inform you of other Services or offers in which you might be interested, and to improve and enhance this Website and Services. If you provide us with Personally Identifiable Information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.

If you opt in to receive e-mail from us, you can always opt out of future marketing messages by following the directions in each message to “unsubscribe.” However, if you choose to opt out of marketing messages, we reserve the right to contact you regarding your account status, technical support, product information, changes to account terms, and any other matter that might affect our service to you and/or any products you purchased from us or registered with us, as applicable.

You agree and consent to the disclosure to, and use by, a subsequent owner or operator of this Website or Service, of any Information about you contained in our database, if we or one of our operators assigns its rights and obligations regarding any of your Information at the time of a merger, acquisition, or sale of all or substantially all of our or its assets related to this Website or Service to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of this Website or any Service signifies your agreement to the subsequent operator or owner’s use of your Information in accordance with the Website Terms and Conditions and this Privacy Policy.

We may work together in order to provide portions of this Website and some Services (e.g., to fulfill prizes won in a contest or sweepstakes, or to provide other support for a Service) with other companies. These companies will handle your Personally Identifiable Information in accordance with this Privacy Policy.

We may also work with third parties to provide some Services on this Website. In connection with those Services, you are deemed to consent to us sharing your Information with third parties who provide services such as processing of credit card transactions, customer service, promotion administration, order fulfillment and/or prize delivery, as applicable. Third parties who provide, or participate in, Services on this Website are prohibited from using our customers’ Personally Identifiable Information for marketing purposes and/or from sharing, selling, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties. If you do not want your information to be used for marketing (or other purposes unrelated to the provision of Services) by a third party who participates in a Service on one of our sites, do not opt in to such use by that third party when you register to participate in the Service.

Please note that whenever you opt in to receive future communications from a third party, your Information will be subject to the third party’s privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

We will not share, sell, rent, or disclose any Personally Identifiable Information that we have collected except as stated herein, or in the following instances: (i) we have been given your consent to disclose; (ii) we have previously informed you of the disclosure, including by means of this Privacy Policy or on this Website, or through the Service where you provided your Information; (iii) we are required by law, legal process, or court order to disclose; (iv) disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, our rights or property, other users of this Website, or anyone else; or (v) to respond to an inquiry, request or complaint that you have made. We may also use IP addresses in cooperation with internet service providers to identify users if we deem it necessary to comply with law, to enforce compliance with this Privacy Policy or the Website Terms and Conditions, or to protect our sites, customers, or others.

Special Promotions and Contests

You hereby give us consent, and upon providing your Personally Identifiable Information and other Information you are also deemed to give us consent, that: (i) we use and store your Personally Identifiable Information and other Information as necessary for the operation of the Special Promotion, and (ii) we can disclose and share your Personally Identifiable Information and other Information as set forth above in “How Do We Use, Disclose, and Share Information? – Personally Identifiable Information”, including, without limitation, to third parties who organize or manage the Special Promotion or provide services in connection with the Special Promotion, such as age verification, customer service, promotion or sweepstakes administration, and/or prize delivery, as applicable. As described in more detail above in “How Do We Use, Disclose, and Share Information? – Personally Identifiable Information”, these third parties are prohibited from using this Personally Identifiable Information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any of it unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their respective privacy policies.

Our Commitment to Data Security

While we take reasonable and appropriate precautions to protect your Personally Identifiable Information from unauthorized disclosure and to prevent possible security breaches in this Website, Services, and customer databases, no web site, internet transmission, computer system, or wireless connection is completely secure. Consequently, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of this Website and Services is at your own risk. We urge you to take steps to keep your Information safe by memorizing your password or keeping it in a safe place (separate from your User Account and Password), logging out of your User Account, and closing your web browser.

Whenever you give us sensitive or confidential Information, we will take commercially reasonable steps to protect the Information by establishing a secure connection with your Web browser. We employs a security technology known as a secure-socket-layer (SSL) to protect the transmission of payment information to the site.

Hyperlinks To and From Other Sites

This Website may frame, and/or contain links to, or advertisements about, other web sites. Other sites may also reference, advertise, or link to this Website. We do not endorse or sponsor other web sites, is not responsible for the privacy practices or the content of other web sites, expressly disclaims any statements or assertions made on such web sites, and denies all liability associated with your use of, and the content on, such other sites and advertisements.

Contact Us Regarding Privacy

We are dedicated to protecting your Personally Identifiable Information as set forth in this Privacy Policy and welcome comments and questions on this Privacy Policy. You may e-mail your questions or comments on the Contact Us page.

Notification of Changes

We reserve the right to change this Privacy Policy and the Website Terms and Conditions at any time. In case of any material change to this Privacy Policy, we will replace this “Privacy Policy” link on the home page of our sites with a link entitled “Updated Privacy Policy” for no less than 30 days. All changes to the Privacy Policy and/or Website Terms and Conditions will be effective when posted, and your continued use of this Website or Service after the posting will constitute acceptance of, and agreement to be bound by, those changes.