These Terms of Use ("Terms of Use") describe the terms and conditions for use of the HOMER Software websites at https://www.homerenergy.com, and its subdomains, including but not limited to users.homerenergy.com, support.homerenergy.com, success.homerenergy.com, blog.homerenergy.com or any other site ending in “homerenergy.com”; microgridconference.com and microgridnews.com (collectively, the “Website”).  By visiting and/or using the Website, you agree to comply with these terms and conditions.  These Terms of Use may be amended from time to time, and it is your responsibility to review them periodically for any changes.

General

Through the Website, you have access to a variety of resources and content. These include: (a) HOMER software products (“Software”); (b) webpages, data, messages, text, images, articles, photographs, graphics, audio and video such as podcasts and webcasts (collectively, “Materials”); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, email functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) (“Community Services”). Software, Materials, Community Services, and other information, content and services are collectively referred to as “Content.” By accessing or using the Website or the Content provided on or through the Website, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Website and the Content provided on or through the Website (“Terms of Use”) and our Privacy Policy.

Content Ownership

Except for materials licensed from third parties and used with permission, UL owns the copyright, trademarks, and other rights to all Content on the Website. Any use of the Content separate from the Website without our express written permission is forbidden. Comments provided by users or third parties on the Website are not the responsibility of UL. All rights, title and interest not expressly granted with respect to the Website and Content provided on or through the Website are reserved. All Content is provided on an “As Is” and “As Available” basis. UL reserves the right to terminate our permission to use the Materials or Community Services at any time.

Specific Content

Some areas of the Website or Content provided on or through the Website may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Website or Content. If there is a conflict or inconsistency between the Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Website or for specific Content, the latter shall have precedence with respect to your access and use of that area of the Website or Content.

Use of Materials

You may download, store, display on your computer, view, listen to, play and print Materials that UL publishes or broadcasts on the Website or makes available for download through the Website subject to the following: (a) the Materials may be used solely for your personal, informational, internal purposes; (b) the Materials may not be modified or altered in any way; and (c) the Materials may not be redistributed. In exchange for using the Materials, please do not alter them or conceal our copyright notices or proprietary legends.

Use of Community Services

Community Services are provided as a convenience to users, and UL is not obligated to provide any technical support for, or participate in, Community Services. While Community Services may include information regarding HOMER products and services, they are not an official customer support channel for HOMER Software. You may use Community Services subject to the following: (a) Community Services may be used solely for your personal, informational, internal purposes; (b) Content provided on or through Community Services may not be redistributed; and (c) personal data about other users may not be stored or collected.

You agree that you will only post or share information on the Community Services which you have the right and authority to do so. You also agree not to post anything that is (a) defamatory, derogatory, racist, degrading or harassing of another; (b) includes another’s confidential, sensitive or personal information; (c) is obscene; (d) violates or infringes or promotes the violation or infringement of another’s rights, including intellectual property rights; (e) violates or promotes the violation of any applicable laws or regulations; (f) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (g) contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer. UL reserves the right to remove any material it deems violates this section or otherwise is inappropriate.

Acceptance of Terms of Use

You affirm that you are over 18 years old and are able to understand and abide by these Terms of Use. If you are under the age of 18, you affirm that you have the consent of a parent who understands these Terms of Use and will ensure that you abide by the same. Children under the age of 13 are not permitted to access or use the Website.

No Unlawful Use

You agree not to use the Website or Content provided on or through the Website for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines or terms of use posted for a specific area of the Website or Content provided on or through the Website.

Passwords; Third Party Sites; Links

You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Website. The Website provides links to websites and access to content, products and services of third parties. UL is not responsible for the terms or policies of other websites or companies that may be linked to or otherwise accessed through the Website or for third-party content provided on or through the Website. You bear all risks associated with the access and use of such websites and third-party content, products and services.

You may place a link to the Website on your website(s), but we reserve the right to withdraw such permission.

Monitoring

UL has no obligation to monitor the Website or screen Content that is shared on or through the Website. However, UL reserves the right to review the Website and Content and to monitor all use of and activity on the Website, and to remove or choose not to make available on or through the Website any Content at its sole discretion.

Legal Disclaimer

The Website, UL Content and other information are provided “as is” without any warranties of any kind, express or implied, including but not limited to merchantability or fitness for a particular purpose. We cannot and do not guarantee that the Website or any of the Software will operate without interruption or be error or virus-free. Use of the Website is completely voluntary. While we strive to protect the information you provide us, due to the nature of the internet, we cannot and do not guarantee that any information you transmit to us will be secure. In the event of a breach of your Information (as defined in the Privacy Policy), we will notify you and all necessary supervisory authorities as soon as possible, but in no event later than 72 hours after becoming aware of such breach. This notification will include, at a minimum: (1) the nature of the breach, to include the categories and approximate number of individuals affected and category and approximate number of records concerned; (2) the name and contact information of the appropriate point of contact from whom you can get further information; (3) the likely consequences of the breach and (4) the measures taken or proposed to be taken by us to address the breach including, where appropriate, measures to mitigate any possible adverse effects. We reserve the right to change any part of the Website at any time without notice.

Limitation of Liability

IN NO EVENT SHALL UL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE WEBSITE.

Choice of Law; Dispute Resolution

Use of the Website and UL’s policies, these Terms of Use, and the Privacy Policy are governed and interpreted by U.S. federal law or Colorado law, other than its conflicts of laws principles. The Website is hosted in the United States. You agree that any dispute relating to the use of the Website, our Privacy Policy, or these Terms of Use will be decided exclusively by a court of competent jurisdiction in Denver or Boulder, Colorado, USA. You and UL agree to submit to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

Indemnity

You agree to indemnify and hold harmless UL, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Content or Information that you share, your violation of the Terms of Use, the Privacy Policy, or any additional rules, guidelines or terms of use posted for a specific area of the Website or Content provided on or through the Website, or your violation or infringement of any third party rights.

Non-Waiver; Severability

Our failure to enforce any provision of these Terms of Use and/or our Privacy Policy shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms of Use or our Privacy Policy is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use and/or our Privacy Policy shall continue in effect.

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