Terms of Use and our Privacy Policy

Please read the following Terms of Use and Privacy Policy carefully. By using www.enerdigm.com and other Enerdigm owned websites (”Site”), you, the user (”you”) indicate that you have read and agree to be bound by these Terms of Use and understand our privacy policies. If you do not agree to these Terms of Use or privacy policies, do not use the site in any manner. Enerdigm Group, Inc. reserves all rights.

Terms of Use

1. Description of Site.

“Site” encompasses Enerdigm owned websites and all of their content and policies, any modifications, updates, enhancements, revisions, new features, and/or the addition of any new web properties. Enerdigm reserves the right to make any Site changes at any time and without prior notice.

2. Site Ownership

The Site, including all text and images appearing herein, is protected by copyright, trademark, patent, trade secret, and other laws. The Site is the property of Enerdigm and all right, title and interest in the Site shall remain with Enerdigm. Nothing in these Terms of Use transfers any rights to you or any third party except as expressly set forth herein. The information on the Site is intended to provide corporate, product, or service information only and may not be used for any other purpose.

3. Hyperlinks are Not Endorsements

A link from the Site to a non-Enerdigm website does not mean that Enerdigm endorses or accepts any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature.

4. Site Use Restrictions

The Site is for your personal and non-commercial use only. You will not (i) post on or transmit to the Site any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law; (ii) modify, copy, distribute, transmit, display, perform, mirror, reproduce, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Site; or (iii) use the Site in any manner that violates any applicable laws, regulations, orders, or other restrictions.

5. Terms of Use Changes

Enerdigm reserves the right to change these Terms of Use at any time without notice to you. All Terms of Use changes are effective immediately. Your continued use of the Site following any Terms of Use changes will mean you accept those changes.

6. Termination

Enerdigm reserves the right to terminate at any time, at its sole discretion, the Site and/or your use of the Site.

7. Information.

You agree to provide Enerdigm with correct personal information, and to update such information on the Site promptly as reasonably necessary.

8. Feedback is the Property of Enerdigm

To the extent permitted by applicable law, all submissions or materials (collectively “Feedback”) sent to Enerdigm or posted to the Site will become the property of Enerdigm. Enerdigm shall have no obligation of any kind with respect to such Feedback and shall be free to exploit such content for any purpose whatsoever.

9. Notices and Procedure for Making Claims of Copyright Infringement.

Enerdigm will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (”DMCA”). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for Enerdigm in accordance with the DMCA: Enerdigm Attention DMCA Designated Agent, 825 San Antonio Road, Palo Alto, CA 94303 Phone:          808.216.3478; E-Mail info@Enerdigm.com.

10. Representation and Warranty Disclaimer.

The information on the Site, including text, images, links, and the information on any websites you may visit through the Site is provided AS-IS by Enerdigm as a convenience to all users, without representation or warranty of any kind to you or any third party, included, but not limited to any express or implied warranties a) of merchantability or fitness for a particular purpose; b) of informational content or accuracy; c) of non-infringement; d) of quiet enjoyment; e) of title; f) that the site will operate error free, or in an uninterrupted fashion; g) that any defects or errors in the site will be corrected; or h) that the site is compatible with any particular hardware or software platform. Efforts by Enerdigm to modify the Site will not be deemed a waiver of these limitations. Enerdigm will not be liable for any losses, loss of use, interruption of business, or any direct, indirect, incidental or consequential damages of any kind whether under these terms of use, statute, regulation, common law precedent, doctrine or otherwise even if Enerdigm was advised of the possibility of such damages or was negligent. In jurisdictions that prohibit the exclusion or limitation of liability for consequential or incidental damages, Enerdigm’s liability is limited to the greatest extent permitted by law.

11. Indemnification

You will indemnify, defend and hold Enerdigm harmless against any and all claims, losses, liabilities, suits, damages and disputes, including attorneys fees, arising from your use of the Site.

12. Jurisdiction and Venue

These Terms of Use are entered into and granted in the State of California and will be governed by and construed in accordance with the laws of the State of California, excluding any law or conflicts of law principle that would apply the law of another jurisdiction, and excluding the California Uniform Computer Information Transactions Act. Exclusive jurisdiction for any dispute, controversy or claim arising out of or in connection with these Terms of Use will be only in the federal or state court with competent jurisdiction located in Palo Alto, California. You consent to the exercise of personal jurisdiction by such courts in any such action.

13. Contact Information

If you have any questions or comments regarding these Terms of Use or the Site, please contact Enerdigm.

14.  Copyright and Trademarks

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Enerdigm Group, Inc., its subsidiaries and affiliates or its content suppliers and protected by United States and international copyright laws.  The compilation of all content on this site is the exclusive property of Enerdigm and protected by U.S. and international copyright laws. All software used on this site is the property of Enerdigm or its software suppliers and protected by United States and international copyright laws.  “Enerdigm” is a trademark of Enerdigm Group, Inc.

Privacy Policy

Effective January 1, 2007

Privacy Notice Table Of Contents:

Our Commitment To Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it accessible throughout the enerdigm.com website.

The Information We Collect:

This notice applies to all information collected or submitted on the enerdigm.com or affiliated websites. On some pages, you can make requests, order products and register to receive materials. The types of personal information collected at these pages may/may not include:

Name

Address

Email address

Phone number

Credit/Debit Card Information

(etc.)

The Way We Use Information:

We use the information you provide about yourself/your organization when placing a request only to complete that request. We do not share this information with outside parties except to the extent necessary to complete that request.

We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

You can register with our website if you would like to receive our newsletter as well as updates on our new products and/or services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.

We use non-identifying and aggregate information to better design our website. For example, we may track what number of individuals visited a certain area on our website, or that X number of men and Y number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Our Commitment To Children’s Privacy:

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13

How You Can Access Or Correct Your Information

You can access all your personally identifiable information that we collect online and maintain by sending us a SASE request. Please include a note that specifies your request/s. We use this procedure to better safeguard your information.

You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.

How To Contact Us

Should you have other questions or concerns about these privacy policies, please write us at admin@enerdigm.com.