Terms & Conditions for Use of Website/App – Owned by Energy Technology Savings, Inc. DBA Logical Buildings (hereinafter “Logical Buildings”)

Terms of Use & Privacy Policy

These Terms of Use & Privacy Policy document (“Terms”) govern your use of this website or app (“Website/App”) and by using this Website/App, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Website/App. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Terms at any time without further notice. If we do this, we will post the changes to these Terms on this page. If you have a user account prior to any such changes, you will be prompted to review the revised Terms, and accept them, prior to logging in to your user account. Your continued use of the services after any such changes constitutes your acceptance of the new Terms.

If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Website/App. You agree to (1) provide accurate, current and complete information about yourself; (1) protect and secure password and identification information; (3) maintain and promptly update the information you provide to us; and (4) be fully responsible for all use of your account and for any actions that take place using your account.

Latest Revision & Effective Date of Terms is January 1, 2019.

License to use Website/App

Logical Buildings, owns the intellectual property rights in the Website/App and material on the Website/App. Subject to the license below, all of these intellectual property rights are reserved.

Content shall be defined as all information downloaded, uploaded or appearing on the Website/App and which may become available for use or display, including without limitation all designs, text, graphics, pictures, video, information, applications, software, programs, music, sound, audio, diagrams, data, and other files and creative output, in whatever format (“Content”).

Proprietary Rights

All Content is the proprietary property of Logical Buildings, its users or other licensors, with all rights reserved. No Content may be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission, except that the foregoing does not apply to Content that is legally provided by users of the Website/App. See below. You are granted a limited license to access and use the Website/App and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your own personal use, in connection with utilizing the Website/App. Except for your own Content, you may not upload or republish Content on any Internet, Intranet or Extranet services or incorporate the information in any other database or compilation, and any use of the Content not explicitly permitted herein is strictly prohibited. The foregoing license is subject to these Terms. Any use of the services or the Content other than as specifically authorized herein, without the prior written permission of Logical Buildings, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication or otherwise. The foregoing license is revocable at any time by Logical Buildings without notice and with or without cause.

Logical Buildings and each User subject to the Terms acknowledges and agrees that users may retain any and all applicable Intellectual Property Rights with respect to any Content that a user creates or submits using the services, to the extent such user has such rights under applicable law.

Notwithstanding the foregoing, you understand and agree that by submitting Content to any area of the services, you automatically grant (and you represent and warrant that you have the right to grant) to Logical Buildings: (a) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to use, reproduce and distribute your Content within the services, as permitted by you through your interactions on the services, (b) the perpetual and irrevocable right to delete any or all of your Content from Logical Buildings’ servers or those used by Logical Buildings provided by a third party “Servers” and from the services, for any reason, whether intentional or unintentional, and, without any liability of any kind to you or any other party; and (c) a royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive right and license to copy, analyze and use any of your Content as Logical Buildings may deem necessary or desirable for purposes of debugging, testing and/or providing support services in connection with the services.

You further understand and agree that: (i) you are solely responsible for understanding all copyright, patent, trademark, trade secret and other intellectual property or other laws that may apply to your Content hereunder, including without limitation, any rights or obligations you may or may not have concerning Open Source Software; (ii) you are solely responsible for, and Logical Buildings will have no liability in connection with, the legal consequences of any actions or failures to act on your part while using the services, including without limitation any legal consequences relating to your or any other person’s intellectual property rights or proprietary information; and (iii) Logical Buildings’ acknowledgement of your intellectual property rights in your Content does not constitute a legal opinion or legal advice, but is intended solely as an expression of our intention not to require users of the services to forego certain intellectual property rights with respect to Content they submit to the services, subject to these.

Logical Buildings will retain ownership of user account data, regardless of any intellectual property rights in user provided Content.

You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content that is submitted on the services, you do not own the account you use to access the services, nor do you own any data Logical Buildings stores on its Servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights in any Content, if any, do not confer any rights of access to the services or any rights to data stored by or on behalf of Logical Buildings.

Names of Logical Buildings-owned applications or software, graphics, logos, designs, page headers, button icons, scripts and service names are the property of Logical Buildings and may contain registered trademarks, trademarks or trade dress (collectively, the “Marks”) of Logical Buildings. The Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or association or affiliation with Logical Buildings and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Logical Buildings.

Acceptable use

You may view and download for caching purposes only from the Website/App for your own personal use, subject to the restrictions set forth above and elsewhere in the Terms.
You must not:

  • republish material from this Website/App (including republication on another website or app);
  • sell, rent or sub-license material from the Website/App;
  • show any material from the Website/App in public;
  • reproduce, duplicate, copy or otherwise exploit material in this Website/App for a commercial purpose;
  • edit or otherwise modify any material in the Website/App; or
  • redistribute material from the Website/App except for Content specifically and expressly made available for redistribution.

You must not use this Website/App in any way that causes, or may cause, damage to the Website/App or impairment of the availability or accessibility of the Website/App; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; or in any way infringes or violates any third party rights, including without limitation all intellectual property rights or any other person’s proprietary information; would violate any right or duty under any law or contractual or fiduciary relationships. You must not use this Website/App to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website/App without Logical Buildings’ express written consent. You must not interfere with or disrupt the services or Servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services; attempt to gain access to any other User’s account or password; or “stalk”, abuse or attempt to abuse, or otherwise harass another user; charge any third party for use of the Services; or modify, adapt, reverse engineer, decompile or attempt to discover the source code of the Services. Logical Buildings reserves the right to monitor and/or limit any user content provided by a user of the Website/App. Your access to the Website/App may be terminated in cases of impermissible use.

Logical Buildings is not responsible or liable in any manner for any Content posted on the Website/App or in connection with the services provided. We do not control and are not responsible for what users post, transmit or share on the Website/App and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable user provided Content you may encounter on the Website/App. Logical Buildings is not responsible for the conduct, whether online or offline, of any user of the Website/App.

Changes to Service

Logical Buildings reserves the right to interrupt the services provided with or without prior notice for any reason. You agree that Logical Buildings will not be liable for any interruption of the services, delay or failure to perform. Logical Buildings has the right at any time for any reason to change and/or eliminate any aspects of the services at its sole discretion.

Data

All Data on the Servers is subject to deletion, alteration or transfer. When using the services, you may accumulate Content, objects, items, scripts, or indicators that reside as data on Servers. This data, and any other data, account history and account names residing on Servers, may be deleted, altered, moved or transferred at any time for any reason in Logical Buildings’ sole discretion. You acknowledge that, notwithstanding any copyright or other intellectual property rights you may have with respect to Content you provide on the services, and notwithstanding any value attributed to such Content or other data by you or any third party, Logical Buildings does not provide or guarantee, and expressly disclaims (subject to any underlying intellectual property rights in the Content), any value, cash or otherwise, attributed to any data residing on the Servers.

You understand and agree that Logical Buildings has the right, but not the obligation, to remove any Content (including your Content) in whole or in part at any time for any reason or no reason, with or without notice and without any liability of any kind.

Liability

LOGICAL BUILDINGS PROVIDES THE SERVICES STRICTLY ON AN “AS IS” BASIS, PROVIDED AND ACCEPTED AT YOUR OWN RISK, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WRITTEN OR ORAL, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, Logical Buildings does not ensure continuous, error-free, secure or virus-free operation of the Website/App, and you understand that you shall not be entitled to make any claim based on our failure to provide services other than as explicitly provided in these Terms. Some jurisdictions do not allow the disclaimer of implied warranties, and to that extent, the foregoing disclaimer may not apply to you.

IN NO EVENT SHALL LOGICAL BUILDINGS OR ANY OF ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, SUBSIDIARIES, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOST PROFITS, ARISING (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) OUT OF OR IN CONNECTION WITH THE SERVICES (INCLUDING WITHOUT LIMITATION ITS MODIFICATION OR TERMINATION), YOUR ACCOUNT (INCLUDING WITHOUT LIMITATION ITS TERMINATION OR SUSPENSION) OR THE TERMS, WHETHER OR NOT LOGICAL BUILDINGS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN ADDITION, IN NO EVENT WILL LOGICAL BUILDINGS’ CUMULATIVE LIABILITY TO YOU FOR DIRECT DAMAGES OF ANY KIND OR NATURE EXCEED TWO HUNDRED DOLLARS (U.S. $200.00).

The Services may enable your interaction with third-party products. These third-party products are outside Logical Buildings’ control and not covered by these Terms. Logical Buildings makes no representations or warranties concerning such third-party products, nor shall we have any liability concerning such third-party products. You should contact the manufacturer of such third-party products for information.

Indemnification

You agree to defend, indemnify and hold harmless Logical Buildings, its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, and distributors, successors and assigns from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from any claims by third parties that your activity on the Website/App or if your Content infringes upon, violates or misappropriates any of their intellectual property rights or discloses their proprietary information.

Privacy of Information

This Privacy Notice describes the types of personal information we collect on the Website/App, how we may use that information and with whom we may share it. We collect personal information in order to provide users with information regarding Logical Buildings products and services and to allow us to understand how users navigate through the Website/App.

Information We Collect & How it is Used

You acknowledge and agree that Logical Buildings, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Website/App. Except as otherwise provided herein, the personal information you provide to us will be used for our internal purposes only. Logical Buildings uses the information it collects to provide and improve services.

If you need assistance updating your personal information you can email Logical Buildings at support@logicalbuildings.com.

Use of Information

Like many Websites/Apps, we may use tools (including Google analytics) to collect information from you in order to better understand how you use our Website/App. Logical Buildings may use the information we collect when you use the Website/App to: (This is not an all-inclusive list of uses of the information.)

  • Provide services available through the Website/App;
  • Administer and communicate with you about products, services, events and promotions;
  • Process, record and track your purchases, and payments;
  • Manage our customer information database;
  • Create, administer and communicate with you about your accounts, and respond to your requests or inquiries;
  • Operate, evaluate and improve our business;
  • Protect against fraud and unauthorized transactions;
  • Comply with and enforce applicable legal requirements, industry standards and our policies and terms; and
  • In other ways for which we provide notice at the time of collection.

Sharing of Information

Logical Buildings may share personal information we collect on the Website/App with our service providers who perform services on our behalf. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. In addition, we may share personal information at your request. We may disclose information about you (i) if we are required to do so by law, regulation or legal process, such as a court order or subpoena; (ii) in response to requests by government agencies, such as law enforcement authorities; or (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss; (iv) in connection with an investigation of suspected or actual unlawful activity; or (v) to assist in collecting debt owed by you.

We may also share general, demographic, or aggregated information with third parties, however, such information will not include or be linked to any personally identifiable information without your consent.

We reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Privacy Notice. Our customer service representatives and employees, as well as, customer service representatives and employees of third-parties involved in providing the Logical Buildings products and services to you, may have supervised access to your information so they can answer your questions if you contact us for help and so they can monitor our Servers for technical problems.

Privacy of Children

The Website/App is not directed to or intended to be used by children under the age of 13. Logical Buildings does not knowingly collect personal information from children under the age of 13. If we learn that we have collected personal information of a child under the age of 13 without parental consent, we will delete that data from our systems and terminate the child’s account. If you become aware that a child has provided Logical Buildings with personal information without parental consent, please contact Logical Buildings at suppport@logicalbuildings.com.

Notice to California Customers

Subject to certain limitations under California Civil Code § 1798.83, if you are a California resident, you may ask us to provide you with (i) a list of certain categories of personal information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year and (ii) the identity of certain third parties that received personal information from us for their direct marketing purposes during that calendar year. To make such a request, please contact as indicated in the Contact Information section below.

How We Protect Personal Information

Logical Buildings follows generally accepted industry standards, technical and physical safeguards in order to protect the personal information you provide on our Website/App against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use and other unlawful forms of processing. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, although we strive to use commercially acceptable means to protect your personal information, we do not guarantee the security of any of your private transmissions against unauthorized or unlawful interception or access by third parties.

Logical Buildings may keep the information that we obtain from or about you as long as is permitted or required under the law. If your account is deleted or terminated, we will terminate your access to your account, and we may retain your information as necessary for our future use as authorized under the Terms. We may use retained data to prevent, investigate, or identify possible wrongdoing in connection with the Website/App or to comply with legal obligations. Information may exist in backup storage even after it has been removed from our active databases.

Third Party Sites and Features

Our Website/App includes social media features such as Facebook and Twitter. Your interactions with these features are governed by the privacy policy of the company providing the feature, not by our privacy policy. Our Website/App may contain links to other websites operated by third parties. We do not control what information these websites collect. Other parties may collect personally identifiable information about your online activities over time and across different websites when you use our Website/App.

Other Provisions

By using our Website/App, you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern the Terms and any dispute of any sort that might arise between you and Logical Buildings or any of our affiliates.

The Services are controlled and operated by Logical Buildings from our offices within the United States of America. We make no representation that any aspect of the Services is appropriate or available for use in jurisdictions outside of the United States. Anyone who chooses to access the Website/App from other locations are responsible for compliance with applicable laws.

Logical Buildings’ failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or other similar breaches.

If any provision of the Terms shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

No consent or waiver by Logical Buildings under the Terms shall be deemed effective unless delivered in a writing signed by a duly appointed officer of Logical Buildings.

All or any of Logical Buildings’ rights and obligations under the Terms may be assigned to a subsequent owner or operator of the Website/App in a merger, acquisition or sale of all or substantially all of Logical Buildings’ assets. You may not assign or transfer any or all of your rights or obligations hereunder without the prior written consent of the Logical Buildings, and any attempt to do so is void.

Notwithstanding anything else in the Terms, no default, delay or failure to perform on the part of Logical Buildings shall be considered a breach of the Terms if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Logical Buildings.

The Terms set forth the entire understanding and agreement between you and Logical Buildings. The section headings used herein, including descriptive headings, are for convenience only and shall not affect the interpretation of the Terms.

If you have any questions or concerns about the Terms, please contact support@logicalbuildings.com.