Website Terms of Use

This Web site (www.kldenergy.com, this "Site") is provided by KLD Energy Technologies, Inc. and its affiliates (collectively "KLD," "we" or "us"). Your use of this Site is governed by and subject to these terms and conditions of use (this "Agreement"). Please read this Agreement carefully and thoroughly. By accessing and using this Site, you agree that you have read and understand this Agreement, and that you accept and agree to be bound by the terms and conditions set forth in this Agreement in their entirety without limitation or qualification, as well as by all applicable laws and regulations. If you do not agree to the terms and conditions of this Agreement, please do not continue to access and use this Site.

Changes to Terms
This Agreement may be updated by KLD from time to time, and may be amended to incorporate additional terms specific to certain additional KLD products or services, which you choose to purchase or license. All such updates and changes are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, posting a revised version of this Agreement or other notice on this Site. You should view this Agreement often to stay informed of changes that may affect you, as your continued use of this Site signifies your continuing consent to be bound by the terms of this Agreement. We expressly reserve the right to make any changes to this Agreement, or to the Site and its contents, at any time without prior notice to you.

Access, Registration and Use
In this Agreement, "you" refers to an individual accessing this Site, regardless of any particular KLD products or services purchased or licensed. To the extent applicable, "you" also includes the corporation or other legal entity (your "Company"), if any, on whose behalf you are accessing this Site. Though registration is not generally required to access and use features and materials that we make available on the Site, you may be required to register with KLD as a subscriber in order to take advantage of certain identified features and benefits of the Site. You agree that all information that you provide to KLD in connection with your access to and use of the Site (including, but not limited to, all information that you may provide in the subscriber registration process) is true, accurate and complete to the best of your knowledge, belief and ability, and that you will maintain and routinely update such information to keep it true, accurate and complete at all times. We reserve the right to terminate this Agreement and to refuse, restrict or discontinue service or access to the Site, or any portion or features of this Site, to you or any other person or entity, for any reason or for no reason whatsoever, at any time, and without notice or liability, including, but not limited to, termination of your use of the Site, in the event that any information provided by you in the basic registration or subscriber registration process is, at such time or at any time thereafter, untrue, inaccurate or incomplete or if you otherwise fail to comply with the terms and conditions of this Agreement or any license, purchase order or other agreement that you have with us. Except as otherwise permitted in writing by KLD, no Content (as defined in this Agreement - see "Proprietary Content", below)) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download Content for non-commercial, personal use only. If you do so, you agree to retain all copyright and other proprietary notices contained on such materials. You may not use, distribute, modify, transmit, or post the Content of the Site for public or commercial purposes, including any text, images, audio, or video without KLD's written permission. You may not mirror any material contained on this site on any other server. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KLD without express written consent. You may not use any meta tags or any other "hidden text" utilizing KLD's name or trademarks without the express written consent of KLD. Any unauthorized use terminates the permission or license granted by KLD.

KLD Privacy Policy
Information that you provide or that we collect about you and your Company through your access to and use of this Site is subject to our Privacy Policy, the terms of which are hereby incorporated into this Agreement by reference. We encourage you to read and become familiar with our privacy practices. To review our Privacy Policy, please click here.

Consents
Before continuing to access and use the Site, you must obtain all required consents and approvals from your Company and from any customers, clients and other third parties who may be affected by, or may need to consent to, your access to and use of the Site and any of the materials, products and services provided through the Site, whether such consents and approvals are required by law or otherwise.

Security
KLD takes commercially reasonable measures to secure and protect information transmitted to and from the Site, however we cannot and do not guarantee that any such communications or any electronic commerce conducted on or through the Site is or will be totally secure. You are responsible for maintaining the confidentiality of any login or ID (your "User ID") and any password that may be assigned to you by KLD, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify KLD of any unauthorized use of your User ID or password or any other breach of Site security of which you become aware. KLD cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID and password.

Proprietary Content
KLD respects the intellectual property rights of others and expects you to do the same. KLD has expended substantial time, effort and funds to create the Site and to collect and provide the materials, products and services that are available through the Site. You understand and agree that KLD owns or (where required, appropriate or applicable) has been licensed by third parties to use all right, title and interest in and to the Site and the products and services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, icons, music, sounds, software, and other content contained therein, and the collection, design, selection and arrangement thereof (collectively, the "Content,"). You acknowledge that the Content contains valuable proprietary information that is protected by applicable intellectual property and other proprietary rights and laws of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection and trade secrets, and all such rights are and shall remain the property of KLD and its licensors. Use of Content

KLD grants you a limited license to access and make personal use of this Site and the Content for legitimate purposes. Except as expressly provided for in this Agreement or in an applicable, validly executed license or service agreement between you or your Company and KLD, any alteration, modification, reproduction, redistribution, retransmission, redisplay or other use of any Content in any other manner or for any other purpose constitutes an infringement of KLD's intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use, you may not reproduce, perform, create derivative works from, republish, upload, post, retransmit, or redistribute in any way whatsoever any Content from this Site, or any other Web site owned or operated by KLD, without the prior written permission of KLD. Use of the Content or any portion thereof on any other Web site or other networked computer environment is expressly prohibited without prior written permission from KLD. You shall not remove or modify any copyright notice or trademark legend, author attribution or other notice placed on or contained within the Content. Except as expressly authorized by KLD in writing, in no event shall you reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, all or any portion of the Content or the Site, or access to or use of the Content and the Site.

Copyright Agent
KLD has registered a designated agent with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512(c)) and if you believe that your copyrighted material is being used on this Site without required permission, please notify KLD's designated agent at: KLD Energy Technologies, Inc. Attn: Maureen Ratel, Copyright Agent 1201 Spyglass, Suite 100 Austin, Texas 78746

Submissions
By submitting information and material to the Site, whether by e-mail, telephone or other mode of communication, or through access to and use of the Site or the Content including, but not limited to, access to and use of any available pages or applications, submitting or posting feedback, questions, comments, suggestions, ideas, graphics, text, software or computer files of any type, you thereby expressly grant, or warrant that the owner of such material has expressly granted, KLD a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, make and have made, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media or technology now known or hereafter developed, subject to our Privacy Policy, as set forth on this Site.

Compliance with Law
You access and use the Site and the materials, products and services available on or through the Site or KLD at your own initiative and risk. In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. You expressly agree to comply with all applicable laws regarding the transmission of data or information out of the country in which you reside. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. These assurances and commitments by you shall survive termination of this Agreement.

Representations and Warranties
By using this site, you represent and warrant that (i) you understand and agree that this Agreement is a legally binding agreement and the equivalent of a signed, written contract; (ii) you will use this Web site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions of this Agreement; (iii) you are authorized to sign for and bind the contracting party; (iv) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from KLD for any purpose.

Linked Sites
For your convenience, certain hyperlinks may be provided on the Site which link to other Web sites that are not under the control of KLD. KLD does not sponsor or endorse such Web sites and is not responsible for the accuracy, content or any aspect thereof. KLD disclaims all liability for such Web sites, and for any use of the links to such Web sites or use of such Web sites themselves. We also disclaim all liability and make no representations or warranties for any products or services made available, sold or provided to you by any third party. Your use of other Web sites, and the offer or purchase of products or services on or through such other Web sites, is subject to the terms and conditions thereof. You agree that you will bring no suit or claim against KLD arising from or based on your use of, or the offer or purchase of products or services on or through, such other Web sites. Links do not imply that KLD is affiliated or associated with, or is legally authorized to use any trademark, tradename, logo or copyright symbol displayed in connection with or accessible through such links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of KLD or any of its affiliates.

Disclaimer of Warranties
Although KLD strives to make this Site and the materials, products and services provided through this Site helpful, reliable and current, you understand that your access to and use of the Site and all materials, products and services available through it and KLD are at your own initiative and your sole risk. It is your responsibility to take precautions to ensure that any information, materials, software or data that you access, use, download or otherwise obtain on or through the Site and KLD are: (i) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for which you, or your Company, may desire to use them; and (ii) free of viruses and other destructive routines. ALL MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE AND THROUGH KLD ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED. KLD DISCLAIMS ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. KLD DOES NOT REPRESENT, WARRANT OR COVENANT THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE AND THROUGH KLD ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR YOUR COMPANY, MAY CHOOSE TO PUT THEM, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Content and Maintenance of Documents
KLD ASSUMES NO RESPONSIBILITY OR OTHER OBLIGATION WHATSOEVER FOR THE SELECTION, MAINTENANCE AND UPDATING OF DOCUMENTS ACCESSIBLE, ACCESSED AND OBTAINED ON OR THROUGH THE SITE, BY OR ON BEHALF OF YOU, OR YOUR COMPANY. IN NO EVENT SHALL KLD BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS, DAMAGE OR EXPENSE RELATING TO THE SELECTION, MAINTENANCE, UPDATING, RETENTION, AVAILABILITY, ACCESSIBILITY OR USE OF SUCH DOCUMENTS BY YOU, YOUR COMPANY, OR ANY THIRD PARTY.

Limitation of Liability
NEITHER KLD, ITS SUBSIDIARIES, CONTRACTORS, SUPPLIERS, CO-BRANDERS AND OTHER SIMILAR ENTITIES, NOR THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING (ALL SUCH INDIVIDUALS AND ENTITIES AS LISTED HERETOFORE IN THIS SENTENCE, COLLECTIVELY, THE "KLD ASSOCIATES"), SHALL BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE, NEGLIGENT USE OR NON-USE, OR YOUR RELIANCE ON OR FAILURE TO RELY ON THE SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS AND SERVICES ACCESSIBLE, ACCESSED OR USED ON OR THROUGH THE SITE; (B) ANY DECISIONS MADE OR NOT MADE, OR ACTIONS TAKEN OR NOT TAKEN BY YOU, YOUR COMPANY, OR ANY THIRD PARTY WITH REGARD TO, IN RELIANCE ON, OR AS A RESULT OF, ACCESS AND USE OF THE SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE; (C) KLD'S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL THE KLD ASSOCIATES BE LIABLE TO YOU, YOUR COMPANY OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION AND CLAIMS OF THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE, NEGLIGENT USE OR NON-USE OF MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE, THE USE, COPYING OR DISPLAY OF THIS SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF KLD), EVEN IF KLD WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF THE KLD ASSOCIATES SHALL BE LIMITED IN ACCORDANCE WITH THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF ANY OF THE KLD ASSOCIATES ARE FOUND LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE KLD ASSOCIATES' COLLECTIVE, AGGREGATE AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.

Indemnification
You agree to indemnify, defend and hold all of the KLD Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), made by any third party due to or arising out of content, data or information you submit, post to or transmit through the Site, your access to and use, negligent use or non-use of the Content, the Site and other materials, products and services available on or through the Site, your violation of this Agreement or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.

Miscellaneous
This Agreement and the KLD Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms), together with any applicable, validly executed licenses or services agreements between you or your Company and KLD collectively constitute the entire agreement with respect to your access to and use of the Site and the materials, products and services available on or through the Site, and it supersedes all prior or contemporaneous communications and proposal, whether electronic, oral or written between you and KLD with respect to such matters. Our electronically or otherwise properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement and you agree that you shall not contest the admissibility or enforceability of KLD's copy of this Agreement in a court in connection with any proceeding arising out of this Agreement. This Agreement does not confer any rights, remedies or benefits upon any person other than you and KLD. KLD may assign its rights and duties under this Agreement at any time to any party without notice. You may not assign this Agreement without the prior written consent of KLD. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.

Jurisdiction
This Site was created and is presently maintained, located and controlled by KLD in the State of Texas. This Agreement shall be governed by and construed under the law of the State of Texas, without regard to conflicts of law principles or rules thereof. This is the case regardless of whether you reside or transact business with KLD in Texas or elsewhere. Any legal action arising out of or related to this Agreement and your access to and use of this Site must be commenced within one year after the cause of action arises. YOU AGREE AND UNDERSTAND THAT KLD AND YOU EACH WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY. KLD and you each agree to use your best efforts to settle any dispute or claim arising out of, or relating to, for resolution of any matters related to interpretation, construction or enforcement, or otherwise in connection with this Agreement, the KLD Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of this Site and the materials, products and services available on or through this Site. If KLD and you cannot reach a written settlement agreement within thirty (30) days of your initially raising the controversy or claim, KLD and you shall submit any controversy or claim arising out of, or relating to, this Agreement to binding arbitration in Austin, Texas administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate KLD's intellectual property rights, KLD may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to his Agreement, whether through class arbitration proceedings or otherwise.

Term and Termination
Without limiting its other remedies, KLD may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the license granted under this Agreement if you fail to comply with any term or condition of this Agreement. Upon such violation, you agree to terminate access to the Site.

Modifications to Agreement
KLD may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to the Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. KLD does not and will not assume any obligation to notify you of changes to this Agreement. International Users and Export Control Laws The Site can be accessed from countries around the world. KLD makes no representation that the Site, or the services and products available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its services or products are illegal is prohibited.

Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent or agreement you transmit through the Site, including but not limited to any consent you give to receive communications from KLD solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. Questions Regarding Terms of Access Please contact us with any questions regarding this Site or these Terms of Use by e-mail here or by calling our customer service line at 512-807-2888. Acknowledgement YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE KLD PRIVACY POLICY REFERENCED HEREIN.