These Terms & Conditions (this “Agreement”) contain the complete terms that apply to your use, participation, access and interaction with the websites and social media platforms owned and operated by The RCS Network, including but not limited to, the www.MassSave.com website, our Facebook page, and Twitter account (individually and collectively referred to as the "Site"). As used herein, the words “user,” “you” and “your” mean users of the Site and the words “we,” “our,” and “Network” mean The RCS Network, the owner and operator of the Site. This Agreement constitutes a binding legal agreement between you and the Network. Your use of the Site on any device (including but not limited to, personal computer, smartphone, tablet, smartwatch or other mobile device) constitutes an acceptance of this Agreement and your intent to be legally bound by the terms herein, and therefore, if you do not accept the terms stated herein, please discontinue your use of the Site immediately. This Agreement is subject to change and may be modified at any time, and any such modification shall be effective immediately upon posting of the modified Agreement on the Site. If you find changes in these terms that are unacceptable, you should discontinue your use of the Site immediately. Your continued use of the Site after modification to the Agreement constitutes your acceptance of such modified Agreement. Your right to use the Site will terminate immediately, without any further action by Network, if you breach any terms of this Agreement.
Section 1. General Terms
- (a) The Site is a venue with the purpose of offering information about ways to manage your energy use and related costs. Network’s mission is to provide valuable information to users; however, there may be content provided or generated by third parties that is incorrect. The Site may contain inaccuracies or typographical errors. Any offers, sales or purchases you make with another person or entity, or decisions you make facilitated through the Site are strictly on your own. You must do your own due diligence and use your best judgment.
- (b) Network reserves the right to expel users and prevent their further access to the Site for violating this Agreement or the law. Parents and guardians are solely responsible for use of this site by their children under the age of 18. Minors may not use this site without parental supervision.
- (c)You acknowledge and agree that Network has the right to monitor the Site electronically from time to time in its sole discretion, and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users.
- (d) If Network is notified of communications or content that does not allegedly conform to this Agreement, it may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the content or termination of use of the Site. Network has no liability or responsibility to users for performance or nonperformance of such activities. If a user views content or receives communications allegedly inconsistent with this Agreement, an email may be sent to [email protected] stating the observed behavior. Following receipt of such correspondence, decisions will be made regarding user terminations, removal of posted content, or other actions deemed appropriate by Network in its sole discretion. All decisions made by Network are final and do not imply nor impose on Network any responsibility or liability for the form, content, or accuracy of the original, or any future, posted content by or communications between anyone.
Section 2. Copyright and Other Restrictions on Use of the Site and Site Content
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(a) Authorization of Use and General Prohibited Uses. Network authorizes you to view a single copy of the Site in your web browser, solely for your lawful, non-commercial and personal use as expressly permitted by and subject to the restrictions contained in this Agreement. You may not download or save the Site or any portion thereof, except as such downloading may occur automatically by your web browser for caching purposes. The Site shall not be used by any person to post, transmit, display, publish, or distribute content that
- (i) violates this Agreement,
- (ii) infringes the copyright, trademark, trade secret or other intellectual property rights of others or violates the privacy or publicity or other personal rights of others,
- (iii) is fraudulent, deceptive, defamatory, obscene, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity, including without limitation, a sexually-explicit or parody image or text, chain letters and pyramid schemes, or
- (iv) violates applicable laws, including without limitation, consumer protection and trade laws and regulations.
- (b) Copyright; Prohibition Against Copying. The contents of the Site, such as the compilation and arrangement of content including text, graphics, images and other materials, and the hypertext markup language (HTML), scripts, active server pages (ASP), content provided by RSS feed, Atom feed or other web feed or other content or software used in or provided through the Site (the "Material"), are protected by copyright under both United States and foreign laws. All rights reserved. Unauthorized use of the Material may violate copyright, trademark, and other laws. Regardless of the extent to which the Material is protected by copyright, you agree that you may not sell or modify the Material or copy, display, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise use Material in any form or media for any public or commercial purpose, including the generation of derivative material, except as expressly permitted by Network. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. The use of the Material on any other website or other telecommunication media or in a networked computer environment for any purpose, without the prior express written permission of Network, is prohibited.
- (c) Trademark. MASS SAVE® is a registered service mark of Network, and the MASS SAVE logo is a service mark of Network. Network’s service marks may not be used by the user in connection with any product or service that is not offered by Network in any manner that is likely to cause confusion in the marketplace, or that disparages or discredits Network.
- (d) Social Media. You agree that, by posting or sharing any information or content on any of our social medial platforms, you grant us a world-wide, perpetual, royalty-free license to use and reproduce such information or content on our Site.
Section 3. Disclaimer of Liability
- (a) Network does not warrant that the Site will operate error-free or that the Site and its server are free of computer viruses or other harmful mechanisms. Network is not responsible or liable for the costs of servicing or replacing equipment or data incurred through your use of the Site or the Material. Network does not guarantee continuous, uninterrupted or secure access to the Site, and numerous factors outside of Network’s reasonable control may interfere with operation of the Site. The Site contains links to third party websites. These links are provided solely as a convenience to you. Network is not responsible for the content of linked third party website and does not make any representations regarding the quality of products or services offered by, available through, or advertised on such third party website, or the content or accuracy of materials on such third party website. Network disclaims all liability with regard to your access to and use of such linked third party website. If you decide to access linked third party website, you do so at your own risk.
- (b) The Site and the Material are provided on an 'as is' basis without any warranties of any kind. To the fullest extent permitted by law, Network disclaims all warranties, including the warranty of merchantability, non-infringement of third party rights, and the warranty of fitness for a particular purpose. Network makes no warranties about the accuracy, reliability, completeness, intent, usefulness, or timeliness of the Material, content, services and links. Use of the Site is at your own risk.
- (c) You are solely responsible for your use of any portion of the Site and you use them at your own risk. You are solely responsible for any information that you chose to disclose on any portion of the Site and your use of any of our social media platforms within the Site are subject to the terms and conditions and privacy policy of such sites.
Section 4. Disclaimer of Endorsement
Unless specifically indicated otherwise, reference in this site to any specific commercial product, process or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply an endorsement, recommendation or approval by Network.Links for this Site to other third party websites do not constitute an endorsement from Network of such third party website unless otherwise specifically indicated. Such links are provided for informational purposes only and such third party website are not owned, operated by or under the control of Network. It is the responsibility of the user to evaluate the content and usefulness of material or information obtained from other Site.
Section 5. Limitation of Liability
- (a) In no event shall Network, its members, affiliates, agents, suppliers, partners, information providers, and their respective officers, directors, employees, contractors and agents or any third parties mentioned on the Site be liable for any damages whatsoever (including without limitation, incidental, consequential, punitive and exemplary damages, lost revenues, or damages resulting from lost data, inconvenience or business interruption) resulting from the use or inability to use the Site, and the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Network or such other parties are advised of the possibility of such damages. In no event shall Network or the aforementioned parties be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance on the Site or any of its content. In no event shall the aggregate liability to you for all claims directly or indirectly arising from the use of the Site exceed one dollar ($1.00). Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
- (b) Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Agreement are material bargained-for bases of this Agreement, and that they have been taken into account and reflected in determining the consideration given by each party under this Agreement and in the decision by each party to enter into this Agreement.
Section 6. Indemnity and Release
- (a) As a material inducement to provide you with use of the Site, you hereby indemnify, defend and hold Network, and its members, officers, directors, owners, agents, partners, information providers, and affiliates (collectively, the "Indemnified Parties") harmless from and against any and all damages, liability, claims, actions, demands and costs incurred by the Indemnified Parties in connection with any claim arising out of any use or access by you of the Site and any breach by you of this Agreement, including, reasonable attorneys' fees and costs.
- (b) If you have a dispute with a third party involving the Site, you release each of the Indemnified Parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which states, as of the date hereof: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor", or as such section may be amended from time to time.
Section 7. Infringement Notice
It is Network’s policy to respond to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. In accordance with the DMCA, notifications of claimed copyright infringement should be submitted to the following Designated Agent for the Site: [email protected].
To be effective under the DMCA, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- 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;
- 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; and
- 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.
Section 8. Jurisdiction
You agree that this Agreement shall be governed by, and interpreted according to the laws of the Commonwealth of Massachusetts; and you further agree and expressly consent to the exclusive exercise of personal jurisdiction in the courts of the Commonwealth of Massachusetts in connection with any dispute with Network or in any way relating to your use of the Site.
Section 9. General
Nothing herein shall be construed to limit the right of Network to warn, suspend or terminate access to the Site of any user who breaches this Agreement, provides inadequate authentication of identity, or if Network, in its sole discretion, determines that the user's activities pose a possible legal or business risk to anyone, including Network. Network may discontinue or change the Site at any time. This Agreement is personal to you and may not be assigned without the prior written consent of Network. Network makes no claims that any of the Material is appropriate or may be downloaded outside of the United States. Access to the Materials by certain persons, or in certain countries or places of business may not be legal. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Captions are for reference purposes only and do not define, limit, construe or describe the scope or extent of any section. Except as expressly provided in a separate written agreement, this Agreement constitutes the entire Agreement between you and Network with respect to the use of the Site.
Section 10. Questions
If you have any questions about these Terms of Use, please contact us at [email protected].