Terms of Use and Privacy Policy

Near Zero Internet web site Terms of Use: THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND NEAR ZERO (“WE” “US” “NEAR ZERO”) AND GOVERN YOUR ACCESS TO, AND USE OF, NEAR ZERO’S WEBSITE LOCATED AT NEARZERO.ORG (THE “SITE”). IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE AND/OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. NEAR ZERO RESERVES THE RIGHT TO REVISE THESE TERMS AT ANY TIME AND WE SHALL NOTIFY YOU OF SUCH REVISIONS BY POSTING AN UPDATED VERSION OF THESE TERMS ON THE SITE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

General Use Restrictions

All information, documents, products and services provided on this Site, including trademarks, logos, graphics and images that are not Submissions (as defined below) (the “Materials”) are provided to you by Near Zero or Near Zero’s licensors or partner entities, as applicable.

Near Zero grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials displayed on this Site, provided that such display, copy or download is solely for your personal or internal informational use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any electronic or printed Materials.

Except as stated herein, you acknowledge that you have no right, title or interest in or to the Materials on any legal basis, without the advance written authorization of Near Zero.

Third Party Content

Third parties may provide certain information and content to Near Zero (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor, and may be subject to terms of use and/or privacy policies of such third parties. Please contact the appropriate third party for further information regarding such terms. NEAR ZERO DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Links To Third Party Sites

This Site may provide links to other Web sites or resources over which Near Zero does not have control ("External Web sites"). Such links do not constitute an endorsement by Near Zero of those External Web sites. You acknowledge that Near Zero is providing these links to you only as a convenience, and further agree that Near Zero is not responsible for the content of such External Web sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Your use of the Site is governed by Near Zero Privacy Policy that is available at http://www.nearzero.org/Home/TermsOfUse (the “Privacy Policy”).

Submissions

You acknowledge that you are responsible for any and all information and material that you submit to the Site and/or Near Zero, including, without limitation, your subjective judgments regarding particular energy technologies in text or as quantitative responses to questions (each a “Submission”), and that you, and not Near Zero, will have full responsibility for each such Submission, including its legality, reliability, appropriateness, originality and copyright. Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that Near Zero shall be free to use or disseminate a Submission on an unrestricted basis for any purpose and if you submit information to the Site, you grant Near Zero a nonexclusive, worldwide, royalty-free license to (in any media now known or not currently known or invented) link to, utilize, use, copy, exploit, and prepare derivative works of the Submission, provided, that Near Zero agrees to use any personally identifiable information included in your Submissions in accordance with the Privacy Policy. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION YOU SUBMIT TO NEAR ZERO.

Trademarks and Copyrights

The trademarks, service marks, brands, names, logos and designs (collectively, "Trademarks") of Near Zero or others used on this Site are the property of Near Zero or their respective owners. You may not remove or alter any Trademark. You may not use any Trademark without the express prior written permission of Near Zero or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks. All of the Materials appearing on this Site, including but not limited to, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Near Zero, Copyright © 2006-2007, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Indemnification

You agree to defend, indemnify and hold harmless Near Zero and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys' fees, that arise out of or in connection with your use of the Site or breach of these Terms.

Disclaimer of Warranty

You acknowledge and agree that this Site may include certain errors, omissions, and/or outdated information that may affect the quality of the Materials. You acknowledge that the Materials have not been independently verified or authenticated in whole or in part by Near Zero, and agree that Near Zero does not warrant the accuracy or timeliness of the Materials and further agree that Near Zero has no liability for any errors or omissions in the Materials, whether provided by Near Zero or its licensors.

NEAR ZERO, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

Limitation of Liability

NEITHER NEAR ZERO NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR ANY INFORMATION ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF NEAR ZERO WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

General

Near Zero controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms will be governed by California law and United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with this Site only in the federal and state courts located in Santa Clara County, California. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Near Zero to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Near Zero in writing. The Terms comprise the entire agreement between you and Near Zero and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Thank you for visiting Near Zero’s (“Near Zero”) Internet web site (“Site”) located at the URL: nearzero.org. This Privacy Policy details certain policies implemented throughout Near Zero governing Near Zero’s use of personally identifiable information about users of our Site and users of our services on this Site.

Due to the Internet’s rapidly evolving nature, Near Zero may need to update this Privacy Policy from time to time. If so, Near Zero will post its updated Privacy Policy on our Site located at nearzero.org so you are always aware of what personally identifiable information we may collect and how we may use this information. Near Zero encourages you to review this Privacy Policy regularly for any changes. Your continued use of this Site and/or continued provision of personally identifiable information to us will be subject to the terms of the then-current Privacy Policy.

Information Collection and Use

You can generally visit our Site without revealing any personally identifiable information about yourself. However, in certain sections of this Site, we may invite you to respond to questions and provide your subjective judgments, or invite you to contact us with questions or comments. Due to the nature of some of these activities, we may collect personally identifiable information such as your name, address and e-mail address and other contact information that you voluntarily transmit with your communication to us. We also may collect information about you and your use of our Site and/or our services through your use of our Site and/or services. We may use your personally identifiable information to contact you to deliver certain services or information you have requested, improve the content and general administration of the Site and/or our services.

Children's Privacy

Near Zero recognizes the privacy interests of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. This Site is not intended for children under the age of 13. Near Zero does not target its services or this Site to children under 13. Near Zero does not knowingly collect personally identifiable information from children under the age of 13.

Aggregate Information

The Site may track the total number of visitors to our Site, the number of visitors to each page of our Site, browser type, IP addresses and External Web Sites (defined below) linked to, and we may analyze this data for trends and statistics in the aggregate, but such information will be maintained, used and disclosed in aggregate form only and it will not contain personally identifiable information. We may use such aggregate information to analyze trends, administer the Site, track users’ movement, and gather broad demographic information for aggregate use.

Disclosure

We will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority. We will not sell your personally identifiable information to any company or organization.

Links to Third Party Sites

The Site may provide links to other Web sites or resources over which Near Zero does not have control (“External Web Sites”). Such links do not constitute an endorsement by Near Zero of those External Web Sites. You acknowledge that Near Zero is providing these links to you only as a convenience, and further agree that Near Zero is not responsible for the content of such External Web Sites. Your use of External Web Sites is subject to the terms of use and privacy policies located on the linked to External Web Sites.

Security

We may employ procedural measures, consistent with industry practice, that are reasonably designed to help protect your personally identifiable information from loss, unauthorized access, disclosure, alteration or destruction. Near Zero may internally restrict who in Near Zero has access to your personally identifiable information to help prevent unauthorized access to your personally identifiable information.

Removal from Email Distribution List and Updating/Deleting Personally Identifiable Information

If you no longer wish to receive email from Near Zero, you may contact us by phone or email at the phone number or email address provided below and we will remove you from Near Zero’s distribution list as soon as reasonably possible. Near Zero also provides you with the ability to review, correct and delete any of the personally identifiable information that you have provided to us. If you wish to update, correct or delete any information you have provided to us, you may contact us by phone or email at the phone number or email address provided below. If you have any questions regarding this Privacy Policy please contact us via email at press@nearzero.org or by phone at 650.704.5975.

This Privacy Policy was last updated: November 19, 2012

This Privacy Policy is effective as of: November 19, 2012