Terms of Use

ABATE Website Terms of Use

These Terms of Use (“Terms”) govern your use of the Association of Business Advocating Tariff Equity (“ABATE”, “us” and “we”) website (currently www.abate-energy.org (the “Site”)). By accessing or using the Site, you affirm that you have read, understood, and agree to these Terms. If you do not agree to these Terms, or are unable to comply with them, please do not use the Site.

Regardless of the device you use to access the Site, your use of the Site is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines, or terms or conditions of use specific to the products or services provided by us or made available through the Site.

We may, in our sole discretion and in addition to any other remedies available to us, with or without cause or notice, withdraw, suspend, or discontinue at any time your use of the Site or any of its functions, features, materials, or Content (defined below).

We may update these Terms from time to time. Please check the Terms each time you access or use the Site. If we make material changes to the Terms, we will post the revised Terms on the Site noting the revised effective date. Your continued access to or use of the Site after the effective date constitutes your acceptance of the new Terms.

Your Personal Information (as that term is defined in our Privacy Policy) will be used and protected in accordance with our Privacy Policy [https://www.abate-energy.org/privacy-policy-3]

License and User Conduct

ABATE grants you a personal, revocable, non-transferable, non-exclusive limited license to access and use the Site only for your personal and internal business purposes and strictly in accordance with these Terms. All rights not expressly granted in these Terms are reserved for ABATE.

Your use of the Site pursuant to these Terms is limited to (1) receiving information about our organization, Site, services, and activities; (2) accessing the Site; and (3) communicating with ABATE and other members of the organization. You may access, download, and print Site materials only as necessary to receive information available on the Site and, in doing so, you must retain any and all notices, trademarks, and other markings found on Site materials.

You agree that you will comply with these Terms and that you will not engage in conduct or communications that: (a) are obscene, fraudulent, indecent, defamatory, abusive harassing, or threatening to others, or negatively impacts others’ ability to use the Site; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices, or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Site for any other authorized user; or (g) violate any applicable local, state, national, or international law(s).

You also agree that you will not: (h) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks, or servers by hacking, password “mining” or any other illegitimate means: (i) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, systems, networks, or servers to obtain or attempt to obtain any Content (defined below), materials, documents, or information through any means not purposely made available through the Site; or (j) sell, share, provide access to, license, or distribute any such Content, materials, documents, or information. We reserve the right to bar any such activities or uses, in our sole discretion.

Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content or the Site or access to the same. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof except as expressly permitted herein.

We may make improvements, changes, or amendments to the information, services, products, and other materials on the Site, or terminate the Site at any time in our sole discretion.

The Site that may be accessed from, displayed on, or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Site is appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. We reserve the right to change, suspend, remove, or disable access to the Site at anytime without notice. In no event will we be liable for the removal or disabling of access to the Site, whether temporary or permanent. We may also impose limits on the use of or access to the Site, or portions thereof, in any case, for any reason, and without notice or liability.

You must be 16 or older to access or utilize the Site.

Information You Provide

You agree that all information you provide to us will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide it, and that it does not violate any third party’s intellectual property or privacy rights. Any information or materials you provide us via the Site or otherwise, including feedback, responses to questions, comments, documents, photographs, suggestions, or the like will be deemed to be non-confidential and owned exclusively by ABATE. We will have no obligation of any kind with respect to such information. By uploading, sending, posting, or otherwise providing any information or material, you grant ABATE an unrestricted, irrevocable, worldwide, non-exclusive license to use, reproduce, display, perform, modify, transmit and distribute it. You agree that ABATE is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose in its sole discretion, including for use in creating derivative works.

You agree that we may collect and use technical data and related information, including but not limited to, technical information about the device you use to access the Site. We may, in our legitimate interest in maintaining the Site, also collect information about the system and application software you use as well as information about device peripherals you employ. And we may collect information about your activities on the Site, like the duration and frequency of your usage sessions, information regarding your browsing history, whether you are a first-time or a returning user, links you clicked on while on the website, and your flow and navigation path through the website. This information is gathered periodically and facilitates the development of software updates, the provision of product support, and with the delivery of other services to you (if any). We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services, Content or technologies to you. More information on the collection and use of this information, as well as other information we may collect from you through the Site can be found in our Privacy Policy [https://www.abate-energy.org/privacy-policy-3]

Third Party Sites and Information

Our Site may have links to other websites, or it may refer to information, documents, software, materials, and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication. You agree that ABATE is not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.

If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.

Indemnification

You agree to defend, indemnify, and hold ABATE and its affiliates, partners, agents, and subsidiaries, harmless from all liabilities, claims, and expenses, including attorneys’ fees that arise from your use or misuse of the Site or the Content, or by your conduct that would constitute a breach of any of these Terms by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event, you will cooperate with us in asserting any available defenses.

Intellectual Property

The entire content of the Site, including, but not limited to, text, graphics, data, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, other original works, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is protected by U.S. and international copyright, trademark, and other intellectual property laws and is owned, controlled, or licensed by or to ABATE. Your use of the Site does not grant you any rights to the Site or any of the Content.

The Site and its Content, except for those aspects which may be in the public domain, are protected from unauthorized copying and dissemination by U.S. and international laws and conventions, including those relating to copyright, trademark, trade dress, unfair competition, and intellectual property.

All trademarks, service marks, logos, taglines, copyrightable works, and trade dress depicted on the Site are owned, controlled or licensed by ABATE, licensed to ABATE, or are the property of their respective owners. You agree not to reproduce, imitate, alter, display, distribute, or use such intellectual property, in whole or in part, in any manner, without the prior written permission of ABATE.

Subject to your compliance with these Terms, ABATE grants you a limited, non-exclusive license to access and use portions of the Site, provided that your access and use is lawful and non-commercial and that you do not: reproduce, distribute, or use Content without proper authorization; change or delate any proprietary notices from downloaded or printed materials; copy or post Content on any networked computer or device; broadcast it in any media, including social media; or make any representations or warranties relating to such Content.

Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute, in any way (including “mirroring”) to any other computer, server, device, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent.

Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or its Content except as permitted or consented to by these Terms.

Digital Millennium Copyright Act Notice

ABATE respects the intellectual property rights of others and users of the Site are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.

If you believe our Site (or any portion of the Site) infringes upon your copyrights, please provide the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed;

  • A description of the copyrighted work that you believe has been infringed;

  • The specific location on the Site of this allegedly infringing material;

  • Your address, telephone number, and email address and any other pertinent information sufficient to allow ABATE to contact you about the allegation;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by copyright owners, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

 Notices of claimed copyright infringement should be directed to:

By mail: ABATE, CLAIM OF COPYRIGHT INFRINGEMENT, 215 South Washington Square, Suite 200, Lansing, MI 48933

By email: rwilliamson@clarkhill.com

No Warranties

THE SITE AND ITS CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.

WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE APPARENT OR CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR ITS CONTENT AND OF ANY ACCESS TO OR USE OF THE SITE AND ITS CONTENT.

WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, WRITTEN OR NOT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE).

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT.

Limitation Of Liability

UNDER NO CIRCUMSTANCES SHALL ABATE, ITS AFFILIATES, ITS SUBSIDIARIES, ITS MEMBERS, OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISIN GOUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITE, IF ANY, OR $500, WHICHEVER IS LESS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

Any claim under these Terms must be brought within one (1) year after the cause of action arises or such claim or cause of action is barred. Any claim brought by you is subject to the Limitation of Liability set forth above.

Governing Law and Jurisdiction

These Terms and the resolution of any dispute related to these Terms, the Site, or the Content, will be governed by and construed according to the laws of Michigan, without regard for its conflicts of laws principles. Any action to enforce these Terms or a matter or dispute arising out of the Site or the Content will be held in and subject to the exclusive jurisdiction and venue of the federal and state courts located in United States, Michigan.

Failure by ABATE to insist upon strict enforcement of any provision of these Terms will not be construed as a waiver of any provision or right held by ABATE.

If any of these Terms are deemed invalid, void, or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term.

You may not assign or transfer your rights or obligations under the Terms, by operation of law or otherwise, without ABATE’s prior written consent. Any attempt by you to assign or transfer you rights or obligations under these Terms, without such consent, will be null and void and of no effect. ABATE may assign or transfer its rights and obligations under these Terms, at its sole discretion, without restriction. Subject to the foregoing, the rights and obligations of the parties under these Terms, where properly assigned, shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

Last modified: 9/27/2022