1. ACCEPTANCE OF TERMS

Speak Energy, LLC ("Speak Energy") welcomes you to our website www.speakenergy.com, and its affiliate sites www.usefulorwaste.com. Speak Energy provides the Speak Energy Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: www.speakenergy.com/web/guest/termsofuse. By accessing and using the Speak Energy Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Speak Energy owned or operated services, you and Speak Energy shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Speak Energy may also offer other services that are governed by different Terms of Service.

2. DESCRIPTION OF SPEAK ENERGY SERVICES

Speak Energy provides users with access to a rich collection of resources, including without limitation various communications and analytical tools, forums, personalized content and branded programming in order to help you save energy, through its network of properties (the "Speak Energy Services"). You understand and agree that the Speak Energy Services may include advertisements and that these advertisements are necessary for Speak Energy to provide the Speak Energy Services. You also understand and agree that the Speak Energy Services may include certain communications from Speak Energy, such as service announcements and administrative messages, and that these communications are considered part of Speak Energy membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Speak Energy Services, including the release of new Speak Energy properties, shall be subject to the TOS. You understand and agree that the Speak Energy Services is provided "AS-IS" and that Speak Energy assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Speak Energy Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Speak Energy Services.

You understand that the technical processing and transmission of the Speak Energy Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Speak Energy Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Speak Energy Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Speak Energy Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Speak Energy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Speak Energy has the right to suspend or terminate your account and refuse any and all current or future use of the Speak Energy Services (or any portion thereof).

4. SPEAK ENERGY PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Speak Energy Privacy Policy at www.speakenergy.com/web/guest/privacypolicy. You understand that through your use of the Speak Energy Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by Speak Energy and its affiliates.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Speak Energy Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Speak Energy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Speak Energy cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Speak Energy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Speak Energy Services. Speak Energy does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Speak Energy Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Speak Energy be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Speak Energy Services.

You agree to not use the Speak Energy Services to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. impersonate any person or entity, including, but not limited to, a Speak Energy official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Speak Energy Service;
  4. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  5. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  6. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, see “Prohibition on Spam” below;
  7. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Speak Energy Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  9. interfere with or disrupt the Speak Energy Services or servers or networks connected to the Speak Energy Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Speak Energy Services, including using any device, software or routine to bypass our robot exclusion headers;
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
  11. "stalk" or otherwise harass another; and/or
  12. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

In using the service, you will:

  1. obey any applicable laws and regulations;
  2. obey any codes of conduct or other notices we provide; and
  3. promptly notify us if you learn of any unauthorized use of any of your accounts or any security breach related to the service.

You understand that the Speak Energy Services and software embodied within the Speak Energy Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Speak Energy and/or content providers who provide content to the Speak Energy Services. You may not attempt to override or circumvent any of the usage rules embedded into the Speak Energy Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Speak Energy Services, in whole or in part, is strictly prohibited.

7. PROHIBITION ON SPAM

Speak Energy's prohibition on spamming and unethical marketing activities. The following are some examples of spamming that may violate the Terms of Service and Speak Energy's Universal Spam Policy:

  1. Manipulating identifiers, such as email headers, to disguise the origin of any content transmitted to or through Speak Energy computer systems.
  2. Relaying email or messages from a third party's mail servers without the permission of that third party.
  3. Using or causing to be used Speak Energy computer systems to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
  4. Using "robots" or otherwise harvesting other's personal information from the Speak Energy site for purposes of sending unsolicited or unauthorized material.
  5. Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
  6. Disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.

8. ENFORCEMENT AND EDITORIAL AUTHORITY

You acknowledge that Speak Energy may or may not pre-screen Content, but that Speak Energy and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Speak Energy Services. Without limiting the foregoing, Speak Energy and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Speak Energy or submitted to Speak Energy, including without limitation information in Speak Energy Message Boards and in all other parts of the Speak Energy Services.

You acknowledge, consent and agree that Speak Energy may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Speak Energy, its users and the public.

9. SUPPORT

For certain services for corporate users, we may offer support. Please see the product specific supplemental agreements in connection with a particular service for more information.

10. INTERSTATE NATURE OF COMMUNICATIONS ON SPEAK ENERGY WEBSITES

When you register with Speak Energy, you acknowledge that in using some Speak Energy Services to send electronic communications (including but not limited to email, sending messages to Speak Energy Instant Messaging or Speak Energy Communities, uploading photos), you will be causing communications to be sent through Speak Energy's computer networks, portions of which are located in California, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Speak Energy's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

11. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SPEAK ENERGY SERVICES

Speak Energy does not claim ownership of Content you submit or make available for inclusion on the Speak Energy Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Speak Energy Services, you grant Speak Energy the following worldwide, royalty-free and non-exclusive license(s), as applicable:

  1. With respect to Content you submit or make available for inclusion on publicly accessible areas of Speak Energy Communities, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Speak Energy Services solely for the purposes of providing and promoting the specific Speak Energy Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Speak Energy Services and will terminate at the time you remove or Speak Energy removes such Content from the Speak Energy Services.
  2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Speak Energy Services other than Speak Energy Communities, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Speak Energy Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Speak Energy Services and will terminate at the time you remove or Speak Energy removes such Content from the Speak Energy Services.
  3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Speak Energy Services other than Speak Energy Communities, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Speak Energy Services are those areas of the Speak Energy network of properties that are intended by Speak Energy to be available to the general public. By way of example, publicly accessible areas of the Speak Energy Services would include Speak Energy Message Boards and portions of Speak Energy Communities that are open to both members and visitors. However, publicly accessible areas of the Speak Energy Services would not include portions of Speak Energy Communities that are limited to members, Speak Energy services intended for private communication such as Speak Energy Mail or Speak Energy Instant Messenger, or areas off of the Speak Energy network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Speak Energy.

12. CONTRIBUTIONS TO SPEAK ENERGY

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Speak Energy through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Speak Energy is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Speak Energy shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Speak Energy may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Speak Energy without any obligation of Speak Energy to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Speak Energy under any circumstances.

13. INDEMNITY

You agree to indemnify and hold Speak Energy and its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Speak Energy Services, your use of the Speak Energy Services, your connection to the Speak Energy Services, your violation of the TOS, or your violation of any rights of another.

14. NO COMMERCIAL REUSE OF SPEAK ENERGY SERVICES

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Speak Energy Services (including Content, advertisements, Software and your Speak Energy ID).

15. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Speak Energy may establish general practices and limits concerning use of the Speak Energy Services, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Speak Energy Services, the maximum number of email messages that may be sent from or received by an account on the Speak Energy Services, the maximum size of any email message that may be sent from or received by an account on the Speak Energy Services, the maximum disk space that will be allotted on Speak Energy's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Speak Energy Services in a given period of time. You agree that Speak Energy has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Speak Energy Services. You acknowledge that Speak Energy reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Speak Energy reserves the right to modify these general practices and limits from time to time.

Speak Energy Instant Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your Speak Energy accounts located on Speak Energy servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on Speak Energy too. Your agreement to this TOS constitutes your consent to allow Speak Energy to store these communications on its servers.

16. MODIFICATIONS TO SPEAK ENERGY SERVICES

Speak Energy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Speak Energy Services (or any part thereof) with or without notice. You agree that Speak Energy shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Speak Energy Services (or any part thereof).

17. TERMINATION

You may terminate your Speak Energy account, any associated email address and access to the Speak Energy Services by submitting such termination request to Speak Energy.

You agree that Speak Energy may, without prior notice, immediately terminate, limit your access to or suspend your Speak Energy account, any associated email address, and access to the Speak Energy Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Speak Energy Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Speak Energy Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Speak Energy's sole discretion and that Speak Energy shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Speak Energy Services.

Termination of your Speak Energy account includes any or all of the following: (a) removal of access to all or part of the offerings within the Speak Energy Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Speak Energy Services.

Upon termination or cancellation of the service by you or us for any reason, Speak Energy may delete your data permanently from our servers. You are responsible for taking all necessary steps to back up your data and ensuring that you maintain your primary means of business. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later.

18. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Speak Energy Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Speak Energy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Speak Energy Services.

19. LINKS

The Speak Energy Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Speak Energy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Speak Energy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

20. SPEAK ENERGY'S PROPRIETARY RIGHTS

You acknowledge and agree that the Speak Energy Services and any necessary software used in connection with the Speak Energy Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Speak Energy Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Speak Energy or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Speak Energy Services, such Content or the Software, in whole or in part.

Speak Energy grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Speak Energy Services. You agree not to access the Speak Energy Services by any means other than through the interface that is provided by Speak Energy for use in accessing the Speak Energy Services.

You remain the owners of any trademarks, logos, brands, intellectual property rights or confidential information (“User Rights”) provided to Speak Energy for the purpose of customizing your Speak Energy Service Platform. However, you hereby grant Speak Energy a personal, non-transferable and non-exclusive right and license to use such User Rights in order to provide you with your Speak Energy Service Platform.

21. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SPEAK ENERGY SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SPEAK ENERGY SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPEAK ENERGY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. SPEAK ENERGY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SPEAK ENERGY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SPEAK ENERGY SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SPEAK ENERGY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SPEAK ENERGY SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SPEAK ENERGY SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPEAK ENERGY OR THROUGH OR FROM THE SPEAK ENERGY SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

22. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPEAK ENERGY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SPEAK ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SPEAK ENERGY SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SPEAK ENERGY SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SPEAK ENERGY SERVICE.

23. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU.

24.NOTICE

Speak Energy may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Speak Energy Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Speak Energy Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Speak Energy Services in an authorized manner.

25. TRADEMARK INFORMATION

You agree that all of Speak Energy’s trademarks, trade names, service marks and other Speak Energy logos and brand features, and product and service names are trademarks and the property of Speak Energy, LLC (the "Speak Energy Marks"). Without Speak Energy's prior permission, you agree not to display or use in any manner the Speak Energy Marks.

26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Speak Energy respects the intellectual property of others, and we ask our users to do the same. Speak Energy may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Speak Energy's Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Speak Energy's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Speak Energy, LLC
34937 Silverlock Ct,

Fremont, CA 94555


By email: copyright_violation@speakenergy.com

27. GENERAL INFORMATION

  1. The TOS constitutes the entire agreement between you and Speak Energy and governs your use of the Speak Energy Services, superseding any prior version of this TOS between you and Speak Energy with respect to the Speak Energy Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Speak Energy services, affiliate services, third-party content or third-party software.
  2. Choice of Law and Forum. You and Speak Energy each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Speak Energy, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Speak Energy agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
  3. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Speak Energy Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.