Terms of Use

6/15/09
Welcome to My Emissions Exchange (MyEex)

        Please read these Site Rules carefully. (They will surely cure insomnia.) By gaining access to and using this Site or any portion thereof, you agree to be bound (and gagged) by them. These Site Rules may be altered from time to time so you should consult them regularly. (We advise you do this the first thing you do each day….)

Your Use of the Site
  a) Your use of the MyEex website, software, carbon reduction services and products represents a legal agreement between you and MyEex. This document, the Site Rules, describes that legal agreement. (Sounds pretty serious and a tad boring, right?)
 
  b) In order to use MyEex, you must accept the Site Rules, which you can do by actually using the MyEex services or by clicking to Accept the Site Rules option when asked to do so by MyEex. You agree that you are solely responsible for any breach of your obligations under the Site Rules and for the consequences of any such breach. (Ah, whatever you do, make sure you don’t breach your britches.)

  c) If you do not accept the Site Rules, you must leave MyEex.com and discontinue use of MyEex. (Forever banished; a fate worse than having to listen to (you fill in your dreaded artist)).

  d) If you use MyEex, you are responsible for maintaining the confidentiality of your account and password and you agree to accept responsibility for all activities that occur under your password.

  e) You must be 18 years or older to earn credits and be compensated for them.

  f) You agree to use the MyEex only for the purposes that are allowed in the Site Rules and any applicable laws or regulations, including any laws regarding the export of software or data from the United States.

  g) You may be required to provide personal information as part of the MyEex registration process and you agree that all information you give to MyEex will be correct, accurate and current. (Or we’ll send a big guy who drools a lot to your house to rough you up.)

  h) You agree not to access, or attempt to access, any of the MyEex services by any means other than using the interface provided by MyEex. (We’re getting very serious.)

   i) You agree you will not engage in any activity that interferes with or disrupts any of the services of MyEex. (Like you can’t watch television, listen to music or hang with your buddies without first spending hours and hours on MyEex’s site.)

Registration

        Member will be required to register the physical address where the carbon reductions will take place. The measurement, verification and certification of reduction credits will be assigned to this address and the Member represents that they are the legal owners of the utility accounts or fuel deliveries for the address. The Member will be required to provide proof of ownership prior to the certification of any reduction credits.

        Member may request MyEex to collect consumption data directly from the Member’s utility account. To accomplish this, the Member will provide all required account identification and password information to access the Member account. Member authorizes MyEex to logon to the Member account and access consumption data.

        A Member account can not be assigned without prior written approval by MyEex.

Privacy

        MyEex is committed to protecting your privacy as a User. Please refer to our Privacy Policy for information about how your information is protected.
Provision of Service

        MyEex strives to provide the best experience possible for it Members, however there may be times when access to MyEex will be interrupted or unavailable. MyEex assumes no responsibility or liability for any delay, interruption or downtime. (We’re great at shirking responsibility.)

        Some of the content of MyEex.com may be provided by third parties. Although MyEex strives to provide accurate, complete and correct information, MyEex assumes no responsibility for the quality or possible errors and omissions in the provided content. (Shirkers, again.)

        For your convenience, MyEex may provide links to other websites. When you click on one of these links you are leaving MyEex and entering another site. MyEex assumes no responsibility or liability for third party websites and you should review the Terms and Conditions at the third party website before proceeding.

        You acknowledge and agree that MyEex owns all legal right, title and interest to all materials and services including any intellectual property rights for content, materials or registration information associated with MyEex, whether registered or not. You also acknowledge that materials and service may contain information designated as confidential by MyEex and you shall not disclose such information without the prior written consent of MyEex.

Credits

        Once a credit is verified by MyEex (that is, we review and believe the reduction is legit) MyEex will, whenever it chooses, attempt to broker, trade or sell the credits (together with other ‘micro’ credits earned by other MyEex members). For legal purposes, the Member grants MyEex full rights to offer such credits for sale, exchange or whatever transaction MyEex elects in its sole discretion. Member shall receive whatever pre-agreed monies less published fees and/or costs associated with such transactions. Member acknowledges that the market for such credits is not established and may not even yield any profits. Since MyEex is breaking new ground, when MyEex attempts to sell or brokers its Members’ credits, there may not be any buyers. Otherwise, MyEex will try to find the best transaction possible but cannot guarantee success, and if MyEex is unable to sell or broker a Member’s credits, for any reason whatsoever, MyEex shall not be liable to any MyEex Member or other party for the failure to sell or broker such credits.

        Credits are measured, calculated and verified by MyEex using proprietary software and then certified to international standards using unique and proprietary protocols developed by MyEex. As such, any carbon reductions created in the MyEex system can only be certified and sold through MyEex and can not be transferred, assigned, sold or donated to any other parties.

        Member understands and agrees that calculation, certification and sale of credits are at the sole discretion of MyEex and n accordance with the Terms of Use, Member eligibility requirements and recognized certification standards.
Submissions and Communications

        If you submit to MyEex , any information, correspondence, reviews, videos, photographs, articles, graphics or other materials (“Communications”) for any reason, including in connection with contests or discussions at MyEex, you agree as follows:
  a) You grant to MyEex a non-exclusive, perpetual, non-revocable, royalty free license to use, modify, copy, distribute, transmit, publicly display, perform or adapt without compensation to you;

  b) You warrant that you are the owner of Communications you submit, or have been granted all the rights necessary from the owner to submit such Communications to MyEex for the use by MyEex;

  c) You warrant that the use and posting of all Communications you submit to MyEex will not infringe the intellectual property rights of or otherwise violate the rights of any third party;

  d) You shall be solely liable for any damage resulting from any infringement of copyright, trademark, or other proprietary right resulting from your submitting Communications to MyEex.

  e) You hereby waive all rights to claims against MyEex for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity in connection with the Communications.

  f) You will not post any content that is illegal to post or contains bigotry or incites bigotry or violence towards any person, group, place or thing, violence or nudity (even partial).

  g) You will not solicit, collect or post personal information of other Members which includes but is not limited to name, address, phone number or e-mail address.

  h) You will be nice and use common sense and (however weird you want) humor in all your Communications.
Copyright, Trademarks, Patents, & Intellectual Property

        MyEex owns the copyright in the pages, information and material displayed on this Site, the arrangement thereof and in the screens displaying them. You are responsible for obeying all applicable copyright and other intellectual property laws. MyEex permits you to copy information pertaining to your use of the Site and as necessary and incidental to your using it. You may print only so much of this Site as is reasonable to support your use of it. Save as expressly permitted, we prohibit any copying, republication or redistribution of the content of this Site unless we have given our consent in writing. (But just ask us, we’ll probably agree.)

        The domain name of this Site, MyEex.com, My Emissions Exchange and the designs associated therewith are our service marks, which we will protect and defend to the maximum extent of the law.

        You may not copy or distribute third party material published at this Site in any way for commercial purposes without express written permission from the copyright owner.

        You may not deep link to this Site nor frame it without express written permission.

Procedure for Making Claim of Copyright Infringement

        If you believe that your work has been copied in a way that constitutes copyright infringement, please contact My Emissions Exchange per the following instructions:

    Send us a notice including:

            1 – An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest,

            2 –A description of the copyrighted work that you claim has been infringed upon,

            3 –A description of where the material you claim is infringing is located on the site,

            4 – Your name, address, telephone number and e-mail address,

            5 – A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law,

            6 – A statement by you, under penalty of perjury, that information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

            Send notice to:

            My Emissions Exchange Attn: Copyright Agent

            E-mail: info@myeex.com

License

        MyEex gives you a personal, worldwide, royalty free, non-exclusive, non-assignable, non-sublicensable and non-transferable license to use the software provided to you by MyEex as part of the services from MyEex. You may not, nor allow others to do so, copy, download, modify, decode, decompile or otherwise attempt to extract the source code of the MyEex software, unless granted permission in writing from MyEex.

Warranty

        We present the content of this Site on an “as is” basis. We do not warranty the accuracy, adequacy or completeness of such content and specifically disclaim liability for errors or omissions. We do give any warranty whether express or implied and disclaim specifically any warranty of non-infringement of third party rights, title, fitness for a particular purpose of freedom from computer virus, Trojan horse, time bomb, or cancelbot. (We’re shirking again…)

Limits of Liability

       You agree that MyEex will not be liable for any special, direct, indirect, incidental or consequential damages arising in connection with this Site, your use of it, your inability to use it, any failure to perform, error, omission, delay, failure to transmit, computer virus or other malfunction and will not be so liable even if you advise MyEex of the possibility of such damages. Losses and expenses associated with the use of or failure to use hyperlinks to other sites on the Internet are all at your own risk. We do not monitor, verify or investigate any such other resources and so are not responsible for their content.

Termination of Relationship

The Site Rules will continue to apply until terminated either by you or MyEex as described below:
  a) If you want to terminate your legal agreement with MyEex, you may do so at any time, by notifying MyEex in writing and closing your account. In the event that you terminate your agreement with MyEex and you have earned credits you will forfeit any rights in such credits and MyEex may sell, transfer, etc. for its own benefit.

  b) MyEex may at any time terminate its legal agreement with you for the following reasons:
   
  a. MyEex is required to do so by law

  b. You have breached the Site Rules

  c. Provision of MyEex services is no longer commercially viable
    Credits that you have earned and have been certified will be sold and the net proceeds deposited in your account.

  c) If the relationship is terminated, all of the legal rights, obligations and liabilities that you and MyEex have benefited from or which are expressed to continue indefinitely shall be unaffected by this termination.
Laws of Governance

        By visiting MyEex, you agree that the laws of the State of New York, without regard to principles of conflict of laws, shall govern these Site Rules and your relationship with MyEex. You and MyEex agree to submit to exclusive jurisdiction of the courts in any state or federal court in Westchester County, New York to resolve any legal matter arising from these Site Rules.

Arbitration

        Any controversy or claim arising out of, or relating to the use of MyEex.com, or the breach of the Terms of Use shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Consumer Due Process Protocol. The judgment on the award rendered by the arbitrator(s) shall be final and may be entered in any court having jurisdiction thereof.

Contact Us

        If you encounter any objectionable material appearing on this Site, if you have any questions about this policy or wish to contact us about any issue, you may do so by sending an e-mail to info@myeex.com.