Terms of Use
Agreement between User and the Site
Welcome to switchon.org. The switchon.org website (the “Site”) is comprised of various web pages operated by Switch Energy Alliance (“SEA”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
The Site is a non-profit site.
SEA is a 501(c)(3) dedicated to inspiring an energy-educated future that is objective, nonpartisan, and sensible. SEA’s global video- and web-based approach engages students and general viewers in a positive conversation to work collaboratively on energy challenges. SEA reaches millions of people of all ages where they live and learn: online, in classrooms, in professional training, and in museums.
Privacy
Your use of the Site is subject to SEA’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending emails to SEA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that SEA is not responsible for third party access to your account that results from theft or misappropriation of your account. SEA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
If you are under the age of thirteen, you may not use this website without written permission from a parent or guardian.. Parental consent is required for the collection, use, or disclosure of information regarding children under thirteen, and SEA will not knowingly collect, use, or disclose any personal information from a child under the age of thirteen if the parent does not provide such consent. If you are a parent and you would like to grant your child written permission to access this website or have questions regarding our data collection practices, please contact us using the contact information provided at the end of this agreement.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of SEA and SEA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SEA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SEA of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain’s, you hereby acknowledge and consent that SEA may share such information and data with any third party with whom SEA has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SEA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SEA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SEA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of SEA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SEA or our licensors except as expressly authorized by these Terms.
Materials Provided to the Site or Posted on Any SEA Web Page
SEA does not claim ownership of the materials you provide to the Site (including feedback and suggestions) or post, upload, input or submit to any SEA Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting SEA, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by SEA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SEA Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Nondiscrimination Policy and Procedure
Switch Energy Alliance (SEA) is committed to a policy of nondiscrimination in the conduct of its business operations, programs, and activities, including meeting its responsibilities under 40 C.F.R. Parts 5 and 7 and other federal and state laws, and to the delivery of equitable and accessible services.
It is SEA’s policy to ensure full compliance with federal nondiscrimination laws in all of its business operations, programs, and activities. SEA will not discriminate based on race, color, national origin, disability, religion, marital status, sex, veteran status, sexual orientation or age in any programs, services, or activities.
Any SEA employee who believes he or she has been subjected to discrimination shall refer to the Employee Handbook for complaint procedures.
Any member of the public who believes he or she has been subjected to discrimination under 40 C.F.R. Parts 5 and 7 on the basis of race, color, national origin, disability, religion, marital status, sex, veteran status, sexual orientation or age and wants to file a complaint may do so following the outline below. The complaint must be in writing and contain information about the complainant and the alleged discrimination including:
The name, address, and phone number of complainant;
The name of the department and/or employee(s) against whom the complaint is filed;
The location, date, and a thorough description of the alleged violation; and
The signature of the complainant or his or her designee.
The complaint shall be submitted as soon as possible, but no less than 30 calendar days after the alleged violation to:
Switch Energy Alliance
Attn.: Manager of Operations
10900 Stonelake Blvd, Bldg 2, Suite 100, Austin, TX 78759
Phone: (512) 680‐4197, info@switchon.org
The Manager of Operations will provide a written response to the complaint within 45 calendar days after beginning the investigation and issue one of three letters:
a closure letter summarizing the allegations and stating that there was not a violation and that the case will be closed; or
a letter of resolution summarizing the allegations and describing the informal resolution mutually agreed to by the complainant and the department about which the complaint was submitted; or
a letter of finding (“LOF”) summarizing the allegations and the investigation of the alleged complaint and explaining any remedial action to be taken by SEA.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SEA agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SWITCH ENERGY ALLIANCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SWITCH ENERGY ALLIANCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SWITCH ENERGY ALLIANCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWITCH ENERGY ALLIANCE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWITCH ENERGY ALLIANCE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
SEA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and SEA as a result of this agreement or use of the Site. SEA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SEA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SEA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SEA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SEA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
SEA reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. SEA encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
SEA welcomes your questions or comments regarding the Terms:
Switch Energy Alliance
3500 Oakmont Blvd., Suite 100
Austin, Texas 78731
Email Address:
info@switchenergyalliance.org
