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General

Please review the following terms carefully, including the Disclaimer.  This Terms of Use Agreement (the “Terms of Use” or “Agreement”) describes the terms and conditions applicable to your access and use of this Website and the Institute for Market Transformation’s Services.  The terms “we”, “us”, and “our” refer to the Institute for Market Transformation.  “You” and “your” refers to you, as a user of our Website.  “Services” refers to the Institute for Market Transformation’s services accessed via the Website, in which users can access resources and connections to help building owners, operators, designers, contractors, and tenants improve their building’s energy efficiency and energy management. By accessing or using the Website, you signify your agreement to these Terms of Use.  If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Website. 

We reserve the right to modify these Terms of Use at any time, in which case the revised Terms of Use will appear on the Website. Continued use of the Website after we post any such changes will constitute your acceptance of the Terms of Use, as modified.

Privacy Policy

The Institute for Market Transformation respects your privacy.  Please refer to our Privacy Policy which explains how we collect, use, and disclose information. When you access or use the Website, you signify your agreement to the Privacy Policy as well as these Terms of Use. 

Eligibility

By using this Website, you represent and warrant that: (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will not submit any personal information if you are under 13 years of age; and (c) your use of this Website does not violate any applicable law or regulation.

Intellectual Property Rights

  • Institute for Market Transformation’s Limited License to You. Unless otherwise indicated in the Website, the Website and all content and other materials on the Website, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of the Institute for Market Transformation or the Institute for Market Transformation’s licensors, or users and are protected by U.S. copyright, trademark, and other intellectual property laws. The Institute for Market Transformation permits you to view and use a single copy of the materials obtained from this Website solely for your personal and noncommercial use.  Except as expressly permitted on this Website, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Website Materials, or Services obtained from this Website. No graphics, photographs or other visual elements obtained through this Website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or the Institute for Market Transformation. The permission given to you terminates automatically if you breach any of these Terms of Use.  You are not permitted to use the Website Materials except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage this Website. You may not, without The Institute for Market Transformation’s written permission, “mirror” any Content contained in this Website or any other server.
  • Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted, or distributed via the Website in a manner that constitutes copyright infringement, please report the violation to our designated copyright agent by sending written notice by U.S. mail to 1707 L. Street NW, Suite 1050, Washington, DC 20036 or by email to admin@imt.org.
  • Restrictions on Linking and Framing. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your site by the Institute for Market Transformation. However, you may not frame or inline link to any of the content of the Website or incorporate into another website or other service any of our material or intellectual property without the prior written permission of the Institute for Market Transformation. 

Links to Third Party Sites and/or Materials

As part of the Service, we may provide you with links to third party website(s) (“Third Party Sites”) as well as content belonging to or originating from third parties (“Third Party Content”).  These links and content are provided as a courtesy for the convenience of our users. Third Party Sites and Third Party Content are maintained by third parties over which the Institute for Market Transformation has no control and have not necessarily been reviewed by the Institute for Market Transformation.  Use of Third Party Sites and Third Party Content is at your own risk.  The Institute for Market Transformation expressly disclaims any responsibility for the content, materials, the accuracy of the information and/or quality of the products or services provided by, available through, or advertised on these Third Party Sites or in Third Party Content, and the Institute for Market Transformation disclaims all liability with regard to your access to and use of Third Party Sites and Third Party Content.  Moreover, these Third Party Sites and Third Party Content do not imply an endorsement by the Institute for Market Transformation with respect to any third party. 

Disclaimer

Your use of the website and the services is at your own risk. All content on the website is provided to you on an “as is” “as available” basis without warranty of any kind.  Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied, or statutory, regarding the website or service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. Without limiting the foregoing, the institute for market transformation makes no warranty or representation that access to or operation of the website or service will be uninterrupted or error-free.  You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content, or other material obtained by the website or service.

Limitation of Liability

To the maximum extent permitted by law, in no event shall the Institute for Market Transformation, any other party (whether or not involved in creating, producing, maintaining or delivering the website), and/or the officers, directors, employees or agents of any of them, be liable for any direct, incidental, or consequential damages of any kind, including, without limitation, loss of use, loss of income, loss of actual or anticipated profits, loss of business, loss of contract, loss of goodwill or reputation, loss of anticipated savings, loss of, damage to or corruption of data, whether based in contract, tort (including but not limited to negligence), strict liability or otherwise, arising out of or in any way connected with the use of this Website, services, or any content or materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from the Institute for Market Transformation, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the institute for market transformation’s records, programs or services, even if the Institute for Market Transformation has been advised of the possibility of such damages. If you are dissatisfied with the Website, any content, materials, or services on the website, or with any of the website’s terms of use, your sole and exclusive remedy is to discontinue using the Website.

Termination

Notwithstanding any of these Terms of Use, we reserve the right, without notice and in our sole discretion, to discontinue the Website or any Services offered through the Website and to terminate your license to use and block your access to the Website at any time without notice.

Severability/Waiver

In the event that any portion of this Agreement is held to be unenforceable, such portions shall not limit or otherwise modify or affect any other portion of this Agreement. The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement shall not be construed as a waiver of any breach of that provision or of any other provision.

Governing Law and Jurisdiction

The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the District of Columbia. You agree that any action at law or in equity arising or in any way relating to this Agreement shall be filed only in the state and federal courts located in the District of Columbia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Agreement.

Questions & Contact Information

Thank you for your cooperation. Questions or comments regarding the Website should be directed by electronic mail to admin@imt.org.