Terms of Use –Energy Upgrade California^®

The California Public Utilities Commission (“CPUC”, “We” or “Us”), operator of the Energy Upgrade California^® website (“Site”), sets forth the following Terms of Use (“Terms”) for the Site. By accessing this website you agree to be bound by these Terms. Please read them carefully. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS YOU SHOULD NOT ACCESS OR VIEW THIS WEBSITE.

1. Energy Upgrade California^® is a statewide initiative committed to uniting Californians to strive toward reaching our state’s energy goals. We’re here to give you the tools, knowledge and inspiration to help increase energy efficiency throughout the State of California.

2. We encourage you to use the information provided on this Site for educational and information purposes only. You
shall not use this website for any illegal or commercial purposes and in particular agree that you shall not send, use, copy, post or allow any posting which is defamatory or obscene or which is abusive, indecent or in breach of the privacy of any person. You agree not to send any unsolicited promotional or advertising material, spam or similar materials or any volume messages that may interfere with the operation of this website or with the enjoyment of this website by other visitors.

3. We do attempt to maintain the accuracy of content on this Site. Any errors or omissions should be reported for investigation.

4. Links to third-party sites are provided to you for convenience only and are not under our control. We do not assume any responsibility for the contents of any linked site or any privacy policies employed by other sites.

5. General information presented on this website, unless otherwise indicated, may be used, distributed or copied by you for educational and informational purposes. This Site may make use of copyrighted materials (e.g., photographs, illustrations) which may require additional permissions prior to your use. In order to use any information on this website, you must seek permission directly from us.

6. There are a number of proprietary trademarks or logos (“Marks”) found on this Site. These Marks are owned by us or third parties. By making them available on this Site, we do not grant you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of our or any third party’s intellectual property rights.

7. We shall have the unlimited right to use for any purpose, free of any charge, all information submitted via this site except those submissions made under separate legal contract. We shall be free to use, for any purpose, any ideas, concepts, or techniques contained in information provided through this site.

8. We make no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of this website and expressly disclaim liability for errors and omissions in the contents of this website or via any third party content or links. No warranty of any kind, implied, expressed, or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, and freedom from computer virus, is given with respect to the contents of this website or its hyperlinks to other Internet resources. References or links in this website to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name are for the information and convenience of the public, and do not constitute endorsement, recommendation, or favoring by the State of California, the CPUC or its partners, employees or agents.

9. We control this Site from our offices within the State of California, USA. We make no representation that the Content in this Site is appropriate or available for use in locations other than the United States. These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of California, without regard to its conflict of law principles.

10. These Terms and any supplemental terms and policies posted on the Site, including, without limitation, the Privacy Policy, constitute the entire agreement between you and us, and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

This Use Policy is subject to change without notice.

DMCA Copyright Infringement Takedown Notification

It is our policy to respond to clear, legally valid notices of alleged copyright infringement that comply with the criteria established by the Digital Millennium Copyright Act (“DMCA”) of 1998.

If you are a copyright owner or an agent, and you believe that any content hosted on our website (www.energyupgradeca.org) infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing or via email (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on this website are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled. Include a direct link (URL) to each and every claim of infringement. We cannot action nonspecific claims based on keywords, search queries, title, name, or resemblance (physical or otherwise) to another document.

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

TO IMMEDIATELY REPORT COPYRIGHT INFRINGEMENTS
email to:
[email protected]
Subject: DMCA copyright infringement notification