These Terms of Service govern your use of EnergyWindow PowerScape^® Energy Market Knowledgebase services (the "Services") only and do not govern your use of other EnergyWindow services. By accessing and using the Services, you agree to be bound by the following terms and conditions (the "Terms of Service").

Intellectual Property Rights. All information, content and material provided as part of the Services, including, without limitation, all processes, business methods, text, graphics, images, data compilations, forms, and software (collectively referred to as "Proprietary Information"), is the property of EnergyWindow, Inc. ("EnergyWindow") or its content suppliers and members and is subject to protection under United States and international law. YOU MAY NOT SELL, MODIFY, COPY, REPRODUCE, PUBLISH, UPLOAD, POST, TRANSMIT or DISTRIBUTE IN ANY WAY ANY OF THE PROPRIETARY INFORMATION OR ANY OTHER MATERIAL, INFORMATION OR DATA, INCLUDING CODE AND SOFTWARE, FROM THE SERVICES.

Limited License. EnergyWindow grants you a non-exclusive limited license solely to access the Services and the Proprietary Information provided through the Services. The limited license to use the Services granted under these Terms of Service is extended to the subscriber only, and you agree not to provide access to the Services to any third party without EnergyWindow's prior written consent. You may not share with or disclose to any third party your user name or password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify EnergyWindow immediately of any use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. EnergyWindow will not be liable for any loss or damage arising from your failure to protect your password or account information. You agree not to share with or disclose to any unauthorized third party any information available to you through the Services. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to the Services if, in our opinion, your use of the Services may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or might be considered offensive.

No Assignment, Resale or Unauthorized Use. Your subscription belongs only only to you, and is based on a detailed analysis that might not be applicable to another individual or organization. You agree not to resell, assign or transfer any of the Propriety Information or any of your rights or obligations under this Agreement, including to any affiliate, subsidiary, parent, or other related entity or organization.

Privacy. EnergyWindow's privacy policy (the "Privacy Policy") as it may be amended from time to time, is available on the EnergyWindow site, and is incorporated herein by reference. A copy of the current Privacy Policy is attached to this Agreement as Exhibit A. EnergyWindow reserves the right to amend the Privacy Policy in our sole discretion. Member will be notified of any changes to the Privacy Policy.

Disclaimer Of Warranties. Through the Services, EnergyWindow has provided links and pointers to Internet sites maintained by third parties. EnergyWindow's linking to such third party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. THE SERVICES AND THE INFORMATION PROVIDED THROUGH THE SERVICES AND ANY THIRD PARTY SITES ARE PROVIDED "AS IS," WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ENERGYWINDOW DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE USE OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ENERGYWINDOW DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY AND TIMELINESS OF THE INFORMATION PROVIDED THROUGH THE SERVICES. YOUR USE OF AND RELIANCE ON THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. STOCK QUOTES AND RELATED FINANCIAL INFORMATION MAY BE DELAYED AT LEAST 20 MINUTES, AS MAY BE REQUIRED BY THE STOCK EXCHANGES AND/OR THE FINANCIAL INFORMATION SERVICES.

Limitation Of Liability. IN NO EVENT SHALL ENERGYWINDOW BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER RELIEF ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY; EVEN IF ENERGYWINDOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR FOR ANY CLAIMS MADE BY ANY OTHER PARTY. THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU UNDER THIS AGREEMENT SHALL BE THE TERMINATION OF THIS AGREEMENT. ENERGYWINDOW'S LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE AMOUNT OF FEES YOU'VE PAID TO USE THE SERVICES.

Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, ENERGYWINDOW, ITS PARENT AND AFFILIATED COMPANIES, AND EACH OF ITS PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (1) YOUR USE OF THE SERVICES ; (2) ENERGYWINDOW’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS SUCH USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (4) ANY VIOLATION OF THIS AGREEMENT BY YOU INCLUDING, WITHOUT LIMITATION, ANY TRANSMISSION OR DISTRIBUTION OF ANY OF THE PROPRIETARY INFORMATION WITHOUT THE EXPRESSED WRITTEN CONSENT OF ENERGYWINDOW.

Release. Subscriber hereby agrees to release EnergyWindow (and its agents, employees, officers and directors) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services.

Risk of Loss. You shall be solely responsible for use of the Services in connection with your business operations, including, but not limited to, protecting against loss or error resulting from use of any or all of the Services.

Termination. You acknowledge and agree that the Services may be modified substantially by EnergyWindow at any time. EnergyWindow reserves the right to alter features, specifications, capabilities, functions or any other characteristics of the Services. EnergyWindow may discontinue the availability of the Services at any time without notice. EnergyWindow may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Fees and Payment. You agree to pay the Subscription Fees and any other charges incurred in connection with your user name and password for the Services (including any applicable taxes) at the rates in effect when the charges were incurred. Subscription Fees will be billed at the beginning of your subscription or any renewal. All fees and charges are nonrefundable. You are responsible for any fees or charges incurred to access EnergyWindow through an Internet access provider or other third party service. If you are authorized to access the Services through arrangements between your employer and EnergyWindow, some or all of these "Fees and Payments" terms may not apply to you. Please contact your employer for details.

Other. This agreement constitutes the entire agreement between EnergyWindow and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Services. In the event of any conflict between any such third party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

BY CLICKING ON THE "I ACCEPT AND AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.