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Energy Realty

Terms & Conditions

These terms and conditions apply to your access to and use of energy-realty.com and any other website or mobile application that directs to these terms and conditions (collectively, the “Services”), and the information, products and services available through the Services. By using our Services, you accept and agree to comply with all of the terms and conditions set forth below, which form a legally binding agreement between you and energy-realty.com and its applicable subsidiaries and/or affiliates If you are advertising with us, you also accept and agree to comply with all of the terms and conditions of our Advertising Agreement. Please see our Privacy Policy for terms applicable to our data collection and use practices, the terms of which are incorporated in this Usage Agreement by reference.

Updates

We reserve the right to change the terms of this Usage Agreement from time to time, as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. If we make a change to this Usage Agreement that reduces or significantly changes your rights or responsibilities hereunder, we will notify you via email to the email address you have provided to us (for example, in connection with setting up an account) or via a notice on our Services. If you object to any of the changes we make, your choice is to stop using our Services. Your continued use of the Services after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Our Services may change, and we may restrict access to, suspend or discontinue the Services, or any portion of the Services, at any time.

Use at Your Own Risk

We provide the material available through the Services for informational purposes only. Before you act on any information you have found on the Services, you should independently confirm any facts that are important to your decision. For example, the availability and pricing of any real estate listing is subject to change, and you should contact the appropriate listing agent or other real estate professional to verify pricing information and other aspects of the listing. IF YOU RELY ON ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH OUR SERVICES, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY INFORMATION, PRODUCT OR SERVICE.

Posted Materials

You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, "Ideas") to us via the Services, whether by submission to a public area of the website or mobile app (e.g., blogs or message boards) or by other communication to us through email or other means of electronic communication facilitated by the Services. Although we do not claim ownership of content that you post, by submitting communications, materials or Ideas to us or any public area of the Services, you grant Energy Realty, its owners, affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and Ideas (in whole or in part), alone or as incorporated into other works in any form, media or technology now known or hereafter, on a worldwide basis. You also permit any other user of the Services to access, view, store or reproduce the material or Ideas for that user's personal use. Such purposes may include disclosure to third parties. By posting or submitting such information, you hereby waive any claim that Energy Realty misappropriated any such materials, Ideas or any portions of your communication.

Use of Communications Services

We may provide a variety of services on the Services through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas ("Communications Services"). We cannot and do not review every posting made in our blogs, chat rooms, forums, and other areas available for public postings. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff, and we are not responsible or liable for, and do not assume any responsibility in respect of, the views and opinions expressed. We encourage an open exchange of information and ideas, but want everyone to be able to enjoy these Communications Services.

We do not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of the Services (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to the Services, our customers, the public or Energy Realty and its owners, affiliates, licensors or licensees. We reserve the right (but assume no obligation) to review the content of the Services, including blogs, message boards, chat rooms, listings, forums, and other information posted to the website to determine compliance with this Usage Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post, or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

By using the Services, you agree not to post, submit or transmit through the Services any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, fraudulent or otherwise objectionable, that encourages conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to the Services or otherwise to the owners of the Services shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to or through the Services. We reserve the right to deny access to or limit privileges in respect of any Communications Service to anyone who violates this Usage Agreement or who, in our judgment, interferes with the ability of others to enjoy the Services or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Violation of Terms of Use

We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Services, or to identify, contact or bring legal action against you or anyone else who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Services, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that we may preserve and store any communication by you through the Services or any service offered on or through the Services, and may also disclose such data if required to do so by law or we determine that such disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Energy Realty, its employees, users of or visitors to the Services, and the public.

Without limiting any other portion of these Terms of Use, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Services. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Energy Realty may have at law or in equity.

Miscellaneous

Use of the Services by you for spamming is strictly prohibited. By using the Services, you agree not to use information concerning other users of the Services, or any items such users have listed or searched for on the Services (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor.

Questions?

For more information about our terms, please contact us.

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All information deemed reliable but not guaranteed and should be independently reviewed and verified.

The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content or material made available in connection with our website or services infringes your copyright, you (or your agent) may send us a notice requesting that the content or material be removed, or access to it blocked. Notices must be sent in writing by email to info@energy-realty.com. “The DMCA requires that your notice of alleged copyright infringement include the following information: (1) description of the copyrighted work that is the subject of claimed infringement; (2) description of the alleged infringing content and information sufficient to permit us to locate the content; (3) contact information for you, including your address, telephone number and email address; (4) a statement by you that you have a good faith belief that the content in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above information may result in the delay of the processing of your complaint.

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