1. The Site. This Site provides a service ("Service(s)") whereby entities and individuals may collaborate on, and/or develop Solutions for, technical and business issues and problems ("Business Cases") related to electric, energy, natural gas, and/ or water infrastructure systems. Collaborators may be private individuals, commercial enterprises, not-for-profit organizations, local, state, or federal governments (including agencies of the United States government), or other entities. Business Cases addressed collaboratively may have differing levels of difficulty and information required from collaborators. Some SGiX Business Cases may only require limited information from Collaborators, but others may contain detailed information for Solutions, such information located in password-protected areas of the Site (“Private Rooms”). Some information may also be protected by Non-Disclosure Agreements (“NDAs”). By using this Site, you acknowledge that SGiX does not control in any manner the nature, quality, legality or timing of SGiX Business Cases. You agree that SGiX is a neutral forum for SGiX Business Cases and Collaborator-proposed Solutions.
SGiX desires to make your use of this Site enjoyable, and will endeavor to keep postings related to the results of proposed Business Cases as current as possible. However, we do not guarantee that the postings or content on this Site will be current at all times.
2. Eligibility. The Site is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. If you reside in a country that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States or its citizens, you may not use this Site.
3. Member Registration. In order to use certain Services, you must become a registered user ("Member") of the SGiX Site. To be eligible to solve private SGiX Business Cases (see also below for additional description) and access information in the Private Rooms, you must register as a Member and agree to the additional terms and conditions set forth in the Membership Agreement that may be applicable to individual private SGiX Business Cases. You may cancel your registration at any time by contacting firstname.lastname@example.org. As part of the registration process, you may be asked to execute a Non-Disclosure Agreement, and you will be asked to select a password and a log-in name. You agree that your registration information at all times correctly represents your professional affiliation, experience, qualifications and ability to transact business. You may not use a log-in name of another Member. You may not disclose or share your password to any third parties or use your password for any unauthorized purposes. You agree to notify SGiX at email@example.com of any unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or log-in information. Remember, you are responsible for maintaining the confidentiality of your password(s). You agree that SGiX user names are the property of SGiX, and we reserve the right, in our sole discretion, to change, remove or replace any user name for any reason. We may refuse to grant you, and you may not use, a SGiX user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Please note that your user name may be viewed by the public.
4. Information of Others. SGiX does not guarantee the accuracy of the Site or ownership of any information in an SGiX Business Case. While SGiX believes such information is posted in good faith, SGiX does not control the information provided by others that is made available through the Site. Other users’ information may be inaccurate. You agree to look solely to the outside provider of information for any claims you may have regarding their information. If you have a dispute with another user of the Services, you hereby release SGiX from all claims of any kind arising out of such dispute. If you are a California resident, you waive California Civil Code, Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
5. Your Information. You may have the opportunity to communicate with other users. Any information you provide to SGiX or other users during your registration or use of the Services, in any public message area, through any mail feature, written or verbal, or otherwise generated out of your use of the Services, is subject to the following:
a. Your Content. You are solely responsible for the content of your information, postings, or proposed Solutions. SGiX acts solely as a conduit for the distribution and/or publication of that information. Any information that you provide to the publicly-accessible sections of the SGiX site are deemed to be an at-will communication. SGiX reserves the right to take any action with respect to such information that it deems necessary or appropriate in its sole discretion if SGiX believes information is inappropriate for the Site or the Services, may create liability for SGiX, or may cause SGiX to lose (in whole or in part) the services of its Internet service provider, advertisers, or other suppliers. You agree that your information will be accurate and will not, to the best of your knowledge: (a) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, (b) violate any law (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), or (c) be libelous, unlawfully threatening, or unlawfully harassing.
6. Additional Conditions Regarding Submitted Business Case Solutions. If you submit a business case solution to SGiX, you agree that you are the owner of the submitted proposed information and that you are legally free to make the disclosure and to convey the intellectual property rights being offered, if any. You also agree that your proposed solution is subject to the additional terms and conditions in any applicable Member Agreement.
7. Ownership and Limited License. (a) SGiX shall retain all ownership in the Site and all content generated by SGiX that is displayed on the Site, except the information covered by the Creative Commons License as specified in sections 8 and 9 herein. SGiX grants you a non-exclusive, revocable right to use the Site provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify your self-generated content on the Site. The license granted to you by SGiX is a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SGiX. Except as set forth in Section 8(b), this license does not include any copying or distribution, resale or commercial use of this Site or its contents; any collection and use of any private Business Case listings, or descriptions; any derivative use of this Site or its contents; any downloading or copying of private Business Case information for the use or benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SGiX. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including Business Case descriptions, images, text, page layout, or form) of SGiX without express written consent. You may not use any meta tags or any other "hidden text" utilizing SGiX's name or trademarks without the express written consent of SGiX. Any unauthorized use terminates the permission or license granted by SGiX. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of smartgridix.com so long as the link does not portray SGiX, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any SGiX logo or other proprietary graphic or trademark as part of the link without express written permission.
(c) Copyright of Submissions to the SGiX Site
If and when any person or corporation (the "Party" or "Parties"), other than from within SGiX, is invited, or volunteers, to add content, or to co-develop content with SGiX, including, but not limited to, comments, written articles, or graphics, that may become text, drawings, photos, videos, presentations, slideware, spreadsheets, software, or other forms of content on the SGiX site, either SGiX will own copyright in the content, or if the Parties wish to maintain ownership, then SGiX, at the time of submission of the content, will be deemed to have been provided with a royalty-free license to use such content without restrictions, unless otherwise negotiated with SGiX prior to the time of the submission.
8. Other Uses of Submissions
SGioX allows the person or organization that sets up a private topic (the "Member/Organizer") to select the license, if any, under which SGiX will publish content submitted under that topic. The license under which SGiX publishes your private Submissions will be indicated in the Private Room of the site. It is your responsibility to ensure that the license is utilized for the content you submit.
SGiX permits anyone to access and freely copy your non-private Submissions to the Site under a Creative Commons Share-Alike Attribution 3.0 License (the "Creative Commons License").
SGiX is not liable for any failure by a third-party to adhere to the attribution requirements or any other elements of these Terms when re-publishing Submissions created using the Site.
The Member/Organizer may grant a license to SGiX (the "Proprietary License") to republish your Submissions to the Member/Organizer of the private topics to which you contribute. When a Proprietary License is used, the Member/Organizer may have the right to determine how your Submissions are published and may elect not to attribute your Submissions directly to you.
All Submissions to the Site, whether Submissions have a single author or multiple authors, are published under one of the two licenses utilized by the Site. When the Creative Commons License is used, SGiX users are legally entitled to re-publish, with attribution, Submissions from topics. It is your responsibility and the responsibility of the Member/Organizer to invite only trusted participants if you wish to guarantee that Submissions will remain private under a Proprietary License. It is your responsibility and the responsibility of the Member/Organizer to address any instances in which a Submission is re-published without authorization by the Member/Organizer or the community of participants. Furthermore, SGiX does not guarantee that private Sites are completely secure. These Sites may be vulnerable to cyber hacking by third parties and therefore should be used at your own risk.
SGiX does not guarantee that the original author of any Submission, or portion thereof, will be correctly attributed.
9. Satisfying SGiX’s Attribution Requirements for Content Published under the Creative Commons License
SGiX's attribution requirements for content published under the Creative Commons License can only be satisfied by copying the appropriate version of the language shown below.
If the Submission, whether authored by a single user or multiple users, is being re-published before the topic has concluded, or if the Submission being re-published, if rated, is not the highest rated Submission:
"This text was created by some members of the SGiX community, using the democratic, collaborative writing tools at smartgridix.com. You can view the most recent version and find more about how it was created <"here," if online, with a hyperlink to the URL from which the text was copied, otherwise "at smartgridix.com">. This text can be republished only if accompanied by this note."
If the Submission being re-published, whether authored by a single user or multiple users, is taken from the topic page after the topic is concluded:
"This text was created by < number > members of the < group name if applicable, otherwise "SGiX" > community, using the democratic, collaborative writing tools at smartgridix.com. You can find more about how it was created < "here" if online, with a hyperlink to the URL from which the text was copied, otherwise "at smartgridix.com" >. It can be republished only if accompanied by this note."
Any software, including, but not limited to, any files and images generated by the software, code and data accompanying the software, owned or licensed by SGiX, used or accessible through the Site, may be used by you solely for accessing or using the Site for purposes expressly stated on the Site and in these Terms. SGiX retains full and complete title to and all intellectual property rights in the software. You agree not to copy, distribute, sell, modify, de-compile, reverse-engineer, disassemble, or create derivative works from any software.
SGiX's services and processes may be covered by one or more patents and may be subject to other trade secrets and proprietary rights. SGiX reserves all such rights. No transfer or grant of right under any patents is made or is to be implied by any provision of these Terms.
12. Copyright Agent
SGiX, an internet service provider, respects the intellectual property rights of others. Accordingly, SGiX has a policy of disabling access to any Submission that violates copyright law, suspending access to the Site to any user who uses the Site in violation of copyright law and, where appropriate, terminating the account of any user who uses the Site in violation of copyright law.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)), SGiX implements procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a copyright is being infringed by a user of SGiX, please provide written notice to SGiX for notice of claims of copyright infringement by sending an email to firstname.lastname@example.org.
Your written e-mail notice must:
- Contain your physical or electronic signature;
- Identify the allegedly infringing material in a sufficiently precise manner to allow SGiX to locate the material;
- Contain adequate information by which SGiX can contact you (including mailing address, telephone number and e-mail address);
- Contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; and
13. Compliance with Rules. You agree not to use any device, software, or routine to interfere with the proper working of the Site or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action (including without limitation, spamming) that imposes an unreasonable load on our infrastructure. You agree not to take any actions which may undermine the integrity of our system or the Services, such as: leaving feedback or ratings for yourself; using the Site in violation of local, state, national or international law; uploading of files or content that contain material that violates the intellectual property rights of any third party. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Services and the transfer of the technologies or information with which you are involved, including without limitation, import/export requirements, and SGiX expressly disclaims any liability or responsibility thereto.
14. No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SGiX’s SERVICES ARE PROVIDED "AS IS". SGiX MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESPECTING THE SERVICES.
15. Limitation of Liability and Disclaimer. SGiX has no control over, and is not responsible for the acts or omissions of Members or the public, or the quality or legality of the Business Case solutions sought thereby. SGiX does not warrant or guarantee the accuracy or completeness of any SGiX Business Case definition nor endorse any solution or its offeror.
SGiX SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) YOU SUFFER OR INCUR AS A RESULT OF THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL SGiX BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES IN EXCESS OF $100 REGARDLESS OF THE CAUSE. You agree that you will be responsible for, and at SGiX’s request will defend SGiX from, third party claims arising out of information you provide to SGiX for publication or any breach by you of this agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.
16. Other Contracts, Confidentiality, and Indemnification. You agree that you will not disclose to SGiX or its affiliates, or to any Member, Collaborator or member of the public present on the SGiX site, any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell or license. You agree that you will not discuss any confidential information of your own, other parties, or the Member related to any SGiX Business Case solution, unless you are specifically working within the confines of a Private Room on the Site, in which case you will adhere to the Agreement with respect to the use of that Private Room. All information in Private Rooms shall be deemed “confidential information” for purposes of this Section 16. Should your participation in the Service be found to breach legal obligations you may have with other third parties or in the event of a breach of the confidentiality obligations in this Section 16, you agree to defend, indemnify and hold harmless SGiX and its Members and Collaborators, its and their respective officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with such unauthorized and prohibited disclosure.
17. Third-Party Web Site Links. The Site may contain links to Web sites operated by parties other than SGIX. Such links are provided for reference only and SGiX does not control such Web sites and is not responsible for their contents. SGiX's inclusion of links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
18. No Third Party Reliance. You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of SGiX. This agreement shall have no third party beneficiaries, other than certain Members in accordance with the terms of the applicable Member's or Members' Business Case solution-specific Agreement.
19. Copyright. All content included on this Site, such as text, graphics, logos, button icons, scripts, images, audio clips, digital downloads, data compilations, and software, is the property of SGiX or its Members in the case of Private Rooms, and is protected by United States and international copyright laws. Such property may not be copied, imitated, or used, in whole or in part, without the prior written permission of SGiX. Other trademarks, product names, and company names and logos displayed on the Site are the property of their respective owners.
By uploading your Mark(s) for display on the Site, you grant to SGiX a non-exclusive, non-transferable, royalty-free, worldwide license to use and reproduce your Mark(s) to the extent reasonably necessary: (i) to provide SGiX's services on the Site, including the embeddable service, which is displayed on other web-sites; and (ii) in connection with SGiX's marketing and promotional activities, including use in press releases, marketing and promotional materials and on any web-site operated by SGiX.
The compilation of all content on this site, except for the non-private content contributed or created by the public and Members of SGiX that is subject to the Creative Commons license of sections 8 and 9 above, is the exclusive property of SGiX and protected by U.S. and international copyright laws,. All software used on this site is the property of SGiX or its software suppliers and protected by United States and international copyright laws.
All page headers, custom graphics, logos, button icons and scripts are service marks, trademarks, or trade dress of SGiX or its affiliates or licensors.