EnerNOC | Pulse Energy
Welcome to our website. EnerNOC, Inc. owns, controls and maintains this site for your information and education and as a service to the internet community. Any information contained or referenced in this website is suitable only as an introduction to our company. For specific information please contact us directly.
Through your access to and use of this website, you accept, without limitation or qualification, the terms and conditions set forth below. Please review the following terms and conditions concerning your use of our website. By accessing and using any information and/or materials from our website, you agree to be bound by these terms and conditions. We reserve the right to change these terms and conditions from time to time at our sole discretion. If you do not agree with these terms and conditions, do not use our website. In the case of any violation of these terms and conditions, we reserve the right to seek all remedies available by law and in equity for such violations. These terms and conditions apply to all visits to our website.
All contents on our website are, to the extent possible, protected by copyright or are otherwise proprietary. You may view and copy materials on the public portions of our website solely for non-commercial, personal and informational use. Any copy of this material or information you copy shall retain all copyright and other proprietary notices in the same form and manner as on the original. No other use of the information is authorized. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright of any third party or ours.
Although we have attempted to provide accurate information on our website, we assume no responsibility for the accuracy of the information. In particular, we may not update our website on a daily or other regular basis. As such, the information and materials contained on our website may be out of date or include omissions or other errors. We may change the information provided on our website at any time without notice and we will not be liable in any way for possible consequences of such changes.
All information provided on our website is provided "AS IS" without warranty of any kind. We disclaim all warranties, express or implied, including those of merchantability and fitness for a particular purpose. Furthermore, we shall not be liable in any manner whatsoever for direct, indirect, incidental, consequential or punitive damages resulting from the use of, or inability to use, the information on our website or any information provided through linked websites. In addition, we shall not be liable in any way for possible errors or omissions in the content of our website.
We make no representation or warranty, express or implied, that any use of the information contained in our website will not infringe on any patent, copyright or trademark.
This website is also not intended to be used in making any decision relating to an investment in the securities of EnerNOC, Inc. Investors or prospective investors are urged to review and carefully consider the investment materials that we provide in connection with any offering of securities, and all information contained on this website is qualified in its entirety by reference to such investment materials, including the risk factors contained in those investment materials.
Any communication or material you transmit to our website by electronic mail or otherwise, or user content that you post to our website, including any data, feedback, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Unless specifically agreed to by us in writing, we shall have no obligation of any kind with respect to such information, and shall be free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in such information, including, without limitation, responses to questionnaires or through postings to this website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving this website. Furthermore, by posting any User Content on our website, submitting any communication, material or User Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce, modify, disclose or distribute such information in any media, software or technology of any kind now existing or developed in the future.
We do not accept unsolicited materials or ideas for use, and are not responsible for the similarity of any of its content or product offerings to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against EnerNOC, Inc. and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. The sender of any communications to this site shall be responsible for the content and information contained therein, including its truthfulness and accuracy.
This website contains third party information. Such information is, wherever reasonably possible, marked with the name of the source. Such third party information does not necessarily represent our views and we take no responsibility whatsoever for such third party information, nor do we adopt or endorse any such information.
You agree to indemnify, defend and hold harmless EnerNOC, Inc., its subsidiaries, affiliates, directors, officers, employees, agents and assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to, or associated with, your use of this website and any violation of these terms and conditions by you.
Our website may contain hyperlinks to websites owned and/or controlled by other parties. Access to any other website is at your own risk and will result in you leaving EnerNOC's website. Where we provide a hyperlink to a third party's website, we do so because we believe that such website contains or may contain material which is relevant to that on our website. EnerNOC has not reviewed all of these third party sites and does not control and is not responsible for the accuracy or reliability of any information accessible from these websites. In certain instances, a hyperlink may connect you to a third-party's website containing views contrary to those expressed on our website or otherwise held by EnerNOC.
Our trademarks include: EnerNOC, GET MORE FROM ENERGY, ENERBLOG, CARBONTRAK, POWERTRAK, POWERTALK, CAPACITY ON DEMAND, CELERITY ENERGY, CLEAN GREEN CALIFORNIA, ONE CLICK CURTAILMENT, EnerNOC PLC PREDICTOR SERVICE, ENODE, FLUX, ENERGY FOR EDUCATION, ONTARIO LIGHTS THE WAY, SOUTH RIVER ENERGY RISK REPORT CARD, THE CLEANEST KWH IS THE ONE NEVER USED, and THE GREENEST KILOWATT-HOUR IS THE ONE NEVER USED. Other trademarks, servicemarks and trade names appearing in this website are the property of their holders.
The information on this website contains forward-looking statements about our business and prospects, such as statements concerning our ability to market, commercialize, and achieve market acceptance for our demand response and other energy management solutions. Such statements are based on management's current expectations and are subject to a number of risks, factors and uncertainties that may cause actual results, events and performance to differ materially from those referred to in the forward-looking statements. These risks include, but are not limited to, changes in the available demand response capacity provided by EnerNOC's programs, loss of a significant customer, technological developments that reduce peak demand or increase power supplies and actions of customers and competitors. Consequently, no forward-looking statement can be guaranteed, and actual results may vary materially.
Last Updated: July, 2013.
The following terms and conditions (these “Terms”) govern each user’s (“you” or “your”) access to, and use of, the websites (“Sites”) and services (the “Services”) that are provided by Pulse Energy Inc., or its subsidiaries and affiliates (“Pulse”, “we”, “us” or “our”) which include resources, information and feedback about your energy use and efficiency.
Pulse provides Services directly to users or it may work with utility providers, public institutions, or other partners (“Partners” and each, a “Partner”) to deliver services to users through partnered websites or platforms (“Partner Sites”). These Partner Sites are governed by these Terms, any terms and conditions of the Partner, and both Pulse’s and the Partner’s privacy policies.
Where our Partner is a utility provider that provides online or offline utility-specific services to you, all utility-specific services, including any collection, use and disclosure of your information in the provision of the utility-specific services, is governed by that utility’s own terms of service (and not these Terms). These utility-specific services are being provided to you by the utility provider and not by Pulse.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ANY OF THE RELATED POLICIES OR GUIDELINES, INCLUDING ANY SUBSEQUENT CHANGES OR MODIFICATIONS TO THEM.
LICENSE GRANT & PROPRIETARY RIGHTS
You acknowledge and agree that the Services, including the software (the “Software”), code, proprietary methods and systems that we use to provide you with the Services, contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties.Pulse hereby grants to you a personal, non-exclusive, non-transferable and non-sublicensable license (the “License Grant”) to use the Services to view, use download and print materials, information and content made available or displayed on the Sites or Partner Sites, as applicable, for your personal, informational and non-commercial use solely in accordance with these Terms.You agree not to (or allow any third party to): (a) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or decompile the Software, or otherwise make it available in human readable form; (b) download, save, sell, rent, distribute or otherwise commercially exploit any part of the Software (however, you are free to download, save and distribute data that is generated using the Software (the “Customer Data”)); (c) use any third party software to extract Customer Data from the Services; (d) remove, obscure, or alter any copyright notice, trademarks, or other proprietary rights notices affixed to or contained within the Software; (e) use the Services to build a similar or competitive product or service or attempt to obtain unauthorized access to the Services, or (f) disclose any confidential information about the Services, or provide access to the Services, to a third party that provides or is developing a competitive product or service to the Services.You also agree not to remove, obscure, or alter Pulse’s, any Partner’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.The Sites and Partner Sites may display names, logos, and other materials that constitute trademarks, tradenames, service marks or logos (“Marks”) of Pulse, Partners or other entities. You are not authorized to use any Marks. Ownership of all Marks and any associated goodwill remains the property of Pulse, Partners or those other entities, as applicable.
Depending on the Services, you may have the ability to submit, email or otherwise publish on the Sites, Partner Sites or the Services certain information, text or materials (your “User Content”). You are solely responsible for all your User Content. You retain ownership and any intellectual property rights in any copyrighted materials that are contained in your User Content. You hereby grant Pulse, and any applicable Partner, a non-exclusive, royalty-free, fully paid, fully sublicensable, worldwide license, under any and all of your copyright and other intellectual property rights related to your User Content, to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content. You agree that any of your User Content or any derivative works thereof may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our customers, us or our Partners. You represent and warrant that your User Content will not:
- Violate any applicable law, statute, ordinance or regulation;
- Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Be or contain material that is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Violate the privacy, publicity, or other rights of third parties;
- Be false or inaccurate or becomes false or inaccurate at any time;
- Disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Contain any viruses, trojan horses, worms, time bombs, trapdoors, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocate or encourage any illegal activity; or
- Have the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.