Terms of Use | Western Energy Institute

Western Energy Institute’s Terms of Use

Acceptance of Terms

Welcome to the website of Western Energy Institute (“WEI”). The following terms and conditions (the “Terms of Use”) govern your access to and use of www.westernenergy.org (the “Site”), including information, documents, and other content available through the Site (collectively, the “Materials”) and various services provided by WEI through the Site (the “Services”).

Please read the Terms of Use carefully before you start using the Site. By accessing or using the Site, Materials, or Services, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to the Terms of Use, you must not access or use the Site.

Changes and Additional Terms
WEI may modify the Terms of Use from time to time in its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time. In addition, when using particular Services or Materials, you are subject to any posted guidelines, rules, or additional terms applicable to such Services or Materials. All such guidelines, rules, or additional terms, including without limitation terms related to event or program registration, are hereby incorporated by reference into the Terms of Use.

License Grant and Restrictions
The Site, Materials, and Services are owned by WEI, its licensors, or other providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. WEI hereby grants you a limited, revocable, nonexclusive, nontransferable right to access and use the Site, Materials, and Services, subject to the Terms of Use. All rights not expressly granted to you in the Terms of Use are reserved by WEI, its licensors, or other providers.

Except as otherwise indicated elsewhere in the Terms of Use or on the Site, you may view, download and print Materials subject to the following conditions:

The Materials may be used solely for personal, informational, internal, noncommercial purposes.
The Materials may not be modified or altered in any way.
The Materials may not be distributed.
You may not remove any copyright, trademark, or other proprietary notices contained in the Materials.
If WEI provides social media features in connection with certain Materials, you may take the actions enabled by provided features.
WEI reserves the right to revoke the authorization to view, download and print the Materials at any time, and any such use shall be discontinued immediately upon written notice from WEI.

The rights specified above to view, download, and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. If you breach any of the Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

Trademark Information
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of WEI or other third parties. You are not permitted to use the Marks without the prior written consent of WEI or the third-party owner of the Marks.

Account Registration
To access portions of the Site and some Materials and Services, you may be asked to provide registration details or other information. It is a condition of your use of the Site that all information you provide is complete, current, and accurate. All information you provide to register with the Site or otherwise, including but not limited to through the use of any Interactive Services (defined below) on the Site, is governed by our Privacy Policy, and you consent to all actions WEI takes with respect to your information consistent with our Privacy Policy. Please note that any non-personal information or material sent through the Site will be deemed non-confidential.

Use and Protection of Login Credentials
You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”), if applicable. You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify WEI immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your Login Credentials or other personal information.

WEI reserves the right to disable your Login Credentials at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Use.

License for User Content
The Site or certain Services may contain member profile pages, forums, groups, and other interactive features (collectively, “Interactive Services”) that allows users to post, submit, publish, display, or transmit to other users content or materials (collectively, “User Content”) on or through the Site.

By submitting User Content to this Site you grant WEI one of the following two types of licenses:

For presentations you create for WEI events, you hereby grant WEI a worldwide, royalty-free, non-exclusive license to reproduce and modify (for purposes of formatting, maintenance or Site administration only) such User Content. You also grant WEI the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Service, including the right to permit other Site users to view, download, and print such User Content subject to the restrictions on use of Materials set forth herein. This license will be in effect until such User Content is removed from the Site.
For all other User Content, including but not limited to comments and postings submitted through the Interactive Services, participation in group discussions, event suggestions, and survey and program evaluation responses, you grant WEI an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute, and sublicense such User Content, and you also agree that WEI is free to use any ideas, concepts, know-how or techniques that you send WEI for any purpose. However, WEI will not release your name or otherwise publicize the fact that you submitted such User Content unless: (a) you grant WEI permission to do so; (b) WEI first notifies you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) WEI is required to do so by law.

You represent and warrant that:

You own or control all rights in and to your User Content and have the right to grant the licenses granted above to WEI and its licensees, successors, and assigns.
All of your User Content complies with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not WEI, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. WEI is not responsible, or liable to any third party, for the content or accuracy of User Content posted by you or other users of the Site.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use, and you agree not to:

Submit User Content that is protected by copyright, trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant WEI all of the license rights granted herein.
Publish falsehoods or misrepresentations that could damage WEI or any third party.
Submit User Content or otherwise post or transmit material that WEI determines is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
Post advertisements, solicitations of business, or other promotional material without WEI’s prior written consent.
Impersonate another person or entity or misrepresent your affiliation with a person or entity.
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by WEI, may harm WEI or Site users or expose them to liability.
Engage in conduct that is prohibited by WEI’s Antitrust Guidelines.
Collect or store personal data about other Site users in connection with the prohibited activities described in these Terms of Use.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs of a destructive or otherwise malicious nature.
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Otherwise attempt to interfere with the proper working of the Site.

Monitoring and Enforcement

WEI has the right to:

Remove or refuse to post any User Content for any reason or no reason in WEI’s sole discretion.
Take any action with respect to User Content that WEI deems necessary or appropriate in its sole discretion, including if WEI believes that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for WEI.
Establish general practices and limits on the use of the Services, including, but not limited to, limits on retention time, file size, and storage space for User Content. WEI shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with the Services.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, WEI may fully cooperate with any law enforcement authorities or court order requesting or directing WEI to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS WEI FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WEI DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WEI OR LAW ENFORCEMENT AUTHORITIES.

WEI does not review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, WEI assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. WEI has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Linking to the Site and Social Media Features

You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does not damage WEI’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on WEI’s part without WEI’s express written consent.

The Site may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Site.
Send emails or other communications with certain content, or links to certain content, on the Site.
Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use social network features as provided by WEI solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions that apply to those features. WEI may disable any social media features and links at any time without notice.

Notification of Copyright Infringement

WEI will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or accessible from this Site, please provide WEI’s Copyright Agent a written notice containing the following elements:

A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
A description of the copyrighted work or works you claim have been infringed;
Identification of the allegedly infringing material and information reasonable sufficient to permit WEI to locate the material on the Site;
Your contact information, including your name, address, telephone number, and email address;
A statement that you have a good faith belief that the use of the copyrighted material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in your written notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

For further pursuance of copyright issues contact WEI as follows:

By Mail:
Western Energy Institute
Attn: Copyright Infringement Issue
1001 SW 5th Ave., Suite 325
Portland, OR 97204

By Phone: 503 231-1994
By Fax: 503 231-2595
By E-mail: info@westernenergy.org

Geographic Restrictions

The owner of this Site is based in the state of Oregon in the United States. WEI makes no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

WEI cannot and does not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. WEI WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, SERVICES, OR MATERIALS.

YOUR USE OF THE SITE, SERVICES, AND MATERIALS IS AT YOUR OWN RISK. THIS SITE, SERVICES, AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER WEI NOR ANY PERSON ASSOCIATED WITH WEI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, MATERIALS, OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WEI NOR ANYONE ASSOCIATED WITH WEI REPRESENTS OR WARRANTS THAT THE SITE, MATERIALS, OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, MATERIALS, OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WEI OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

WEI MAY MAKE CHANGES TO THE MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS OR SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES MAY BE OUT OF DATE, AND WEI MAKES NO COMMITMENT TO UPDATE THE MATERIALS OR SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL WEI, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, MATERIALS, OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Third-Party Sites

The Site may contain links to third-party web sites that are not under the control of WEI. WEI makes no representations about any other web site to which you may have access through the Site. When you access a non-WEI web site, you do so at your own risk and subject to the terms of use for the non-WEI web site. WEI is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on third-party sites or for the quality of any products or services available on such sites. WEI provides these links merely as a convenience and the inclusion of these links does not imply that WEI endorses or accepts any responsibility for the content or uses of third-party web sites.

Indemnity

You agree to defend, indemnify, and hold harmless WEI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to your User Content, your use of Materials or Services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.

Governing Law and Jurisdiction

The Site (excluding linked sites) is controlled by WEI from its offices within the state of Oregon, United States of America. By accessing the Site, you and WEI agree that all matters relating to your access to, or use of, the Site will be governed by the laws of the State of Oregon, without regard to the conflicts of laws or principles thereof. You and WEI also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Portland, Oregon.