| Users may only maintain one registration, regardless of whether registrations are currently active or not. By accepting this agreement, you certify that you have no other registration with ecocalc.com and you certify that all information you provide during the registration process is accurate. This clause applies to data that is essential for registration, and also to data that you may opt to supply during registration. You understand and accept that all data you provide to ecocalc.com will be treated according to our privacy policy Users must have a valid email address registered with us at all times. If an email that we send to you should bounce for some reason, your account may be temporarily suspended until you contact us with a verifiable email address. Please note that any information users enter on our site to make purchases, etc, will be processed by third parties (e.g. Visa, PayPal). In such cases, users will need to consult the privacy policy of the relevant third party to become versant with their data protection policies. Except as expressly provided in this agreement, all of the content on this site is the property of ecocalc.com and is protected by UK and international copyright laws. "Content" means any information, mode of expression, or other material and services found on ecocalc.com. Content is divided into two categories; content that is only accessible after an account user has logged in is "secure content", and the remainder is "free content". Our free content is intended for individual and personal use only. Accordingly, you may make one copy of our free content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright 2008 ecocalc.com (eTrend Ltd) All rights reserved" Any other copying, distribution, storing or transmission of any kind, or any sort of commercial use of our content is strictly prohibited without our prior written permission. Secure content is intended for account holder use only. Secure content may be divulged to an "end user" when the following conditions are met (1) the "end user" name is provided in the appropriate form during the project definition/set-up stage (2) the "end user" clearly indicates to the account holder that he/she has read, understands and accepts the terms and conditions (as laid out in this document). All users who register before this day (20/08/2008) will be given free access to the "auto" version of sunnyCALC™, electriCALC™ and billCALC™ for a minimum of 2 months from this date. Users may gain access to the "pro" version of sunnyCALC™ as per the price schedule. Users acknowledge that they understand that sunnyCALC™ and associated services will contain errors due to the following non-exhaustive list of error sources (1) errors, both known and unknown, in ecoPAGES™ database (i.e. weather, demand profile and electrical characteristics of equipment, etc.) (2) assumptions and estimations used to redress known errors in ecoPAGES™ (3) assumptions and estimations used in computation scripts, equations and formula used to manipulate and process ecoPAGES™ data in pursuit of results (4) assumptions and judgments used in the application of research data to the situation in hand. Although ecocalc.com took great care in the creation and testing of SunnyCALC, it cannot and does not guarantee the accuracy of the simulation results. You understand and accept that all data should be evaluated by an informed energy professional before basing important decisions upon it. Users must read and understand our disclaimer before subscribing to ecocalc.com. You must understand and accept the disclaimer before subscribing to ecocalc.com Users must not remove or obscure the ecocalc.com logos, etc, or make any alterations to any documents or printouts provided by ecocalc.com. You must not try to conceal the origin of any documents or reports generated by ecocalc.com. All such documents must be accompanied by a copy of these terms and conditions. sunnyCALC™ is normally made available to customers for a set number of projects (known as sites OR projects OR properties). Each project can have a set number of simulations (known as the quota OR credits) at a set price. Price/site/quota combinations are called 'packages OR subscriptions OR accounts subscriptions OR account levels'. Packages are defined in our price schedule or in this document. Customers cannot switch surplus quota from one site to another site. Customers must use up their quota within 6 months of the subscription date. ecocalc.com may change packages at any time, without prior notice. If customers experience difficulties that are caused by problems within the control of ecocalc.com or its hosting provider, the normal course of redress will be to reactivate the customer's subscription. ecocalc.com will only reactivate subscriptions in the cases where its records show that the simulation did not complete for reasons within the control of the ecocalc.com or its hosting provider, providing the visitor notifies (as per instruction in the welcome email sent at the time of subscription) ecocalc.com of the problem within 7 days of the subscription. ecocalc.com will not store the simulation results for a period longer than one month. However, it will store the simulation set-up data for a period of 6 months, or longer by special request. ecocalc.com will not refund subscriptions in cases other than where the simulation did not complete for reasons within the control of the ecocalc.com or its hosting provider, providing the visitor notifies (as per instruction in the welcome email sent at the time of subscription) ecocalc.com of the problem within 72 hours of the subscription and there is a verifiable reason rendering the reactivation of the simulation valueless to the visitor. ecocalc.com and the sunnyCALC™ simulators and security use "sessions" and "cookies", and your computer must accept them to use our site. Users agree to not participate in or contribute to any discussions, forums or other communication mediums in a manner that is likely to negatively impact on our business. Users agree to indemnify, defend, and hold harmless eTrend Ltd (and ecocalc.com), and its parent, affiliates, directors, officers and employees from and against any claim, liability, cost, damage or loss we may incur (including, without limitation, lawyers' fees) as a result of any violation by users of obligations under these terms and conditions. By using our service, users are agreeing to be bound by all of these terms and conditions. Except where specifically stated otherwise, we may change or update these terms and conditions of service at any time without prior notice. Your continued use of ecocalc.com means that you accept any new or modified terms. We may offer you other products and services. There is no implied suggestion that these other offers will be subject to the same or similar terms and conditions as this offer. If any provision in this agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect. This agreement shall be governed by the laws of England and Wales as if the agreement was a contract wholly entered into and wholly performed within this jurisdiction. |