TERMS OF USE

For FES International, Inc. and Affiliate Internet Web Sites

Last Modified: January, 2014

FES International, Inc. (“FES International & FES”) and its affiliated companies (individually referred to as an “Affiliate” or collectively referred to as “Affiliates”) provide this Web site and other Affiliate sites (individually referred to as a “SITE”, or collectively referred to as “SITES”) and related services subject to the following Terms of Use and the SITE user’s compliance with the Terms of Use set forth below. By accessing any FES International or Affiliate site other than the home page, the user indicates acknowledgment and acceptance of any applicable terms of use. Please read the following information carefully.

1. APPLICABILITY

These Terms of Use apply to the FES International SITE and to all Affiliate SITES, subject to the conditions stated below. An Affiliate is a legal entity that is at least 50 percent owned by either FES International or a direct or indirect subsidiary of FES International. An Affiliate may have its own SITE. An Affiliate SITE may have additional Terms of Use that apply to that SITE. These Terms of Use apply also to an Affiliate SITE, unless otherwise indicated within the Affiliate SITE or modified by specific Terms of Use applicable to the Affiliate SITE. To the extent there is a conflict between these Terms of Use and the Terms of Use (regardless of how denominated) of the Affiliate SITE, the Terms of Use of the Affiliate SITE will control.

FES International and its Affiliate SITES each have Privacy Policy Statements. Applicable Privacy Policy Statements may be viewed on each individual SITE.

2. LAWS AND REGULATIONS

User access to and use of a SITE is subject to all applicable international, federal, state and local laws and regulations.

3. COPYRIGHT INFORMATION

All pages within a SITE are the property of FES International or its Affiliate, unless other ownership is indicated. All information and content, including any software programs available on or through a SITE are protected by copyright. A user is permitted to download information from a SITE that, by its nature or context, is to be copied in order to use SITE-related services. A user is permitted to download information from a SITE for private personal use. A user is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through a SITE for any commercial or public purpose unless the user has the prior written permission of FES International or its Affiliate.

4. TRADE NAMES AND TRADEMARKS

FES International, Inc., and the names of all Affiliates are trade names and/or service marks or trademarks of FES International or its Affiliates. FES International^SM, Partnered Success^SM, The Global Leader In Power System Optimization^SM, Your Partner In Energy Optimization^SM, Energy Optimization Guaranteed^SM, are registered trademarks or service marks of FES International. The FES Solution^TM, The FES Calculator^TM, are trademarks or service marks of FES International.

All other trademarks, service marks and logos used in a SITE are the trademarks, service marks or logos of FES International, the respective Affiliate, or other third party owners.

Users of a SITE are prohibited from using any FES International or Affiliate trade name, trademark, or service mark for any purpose without the written permission of FES International. This includes but is not limited to use as metatags on other pages or sites on the World Wide Web.

5. RISK ASSUMPTION

Unless specifically provided for in the content of a SITE, a user of a site assumes total responsibility and risk of use of the site and related services.

6. SITE ACCURACY

Although FES International and its Affiliates attempt to ensure the integrity and accuracy of all sites, the information, software, products and descriptions of services published on a SITE may include inaccuracies or typographical errors. Other than as required under applicable law or regulation, FES International and its affiliates specifically disclaim any liability for any inaccuracies or errors on a site or a linked site.

Other than as required under applicable law or regulation, FES International and its affiliates do not endorse and are not responsible for (a) the accuracy or reliability of any opinion, advice or statement made by any party through a site or a linked site, or (b) the capabilities or reliability of any product or service obtained from a linked site.

Other than as required under applicable law or regulation, it is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice, or other content available through a site, or obtained from a linked site. A user agrees to seek the advice of a professional, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

7. WARRANTY DISCLAIMER

All content, products, and services on a site or referenced on a site, or obtained from a site to which a site is linked (a linked site) are provided “as is” without warranty of any kind either express, implied or statutory, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.

8. LIMITATION OF LIABILITY FOR USE OF A SITE

Other than as required under applicable law or regulation, FES International and its affiliates and any of their respective officers, directors, employees, or agents are not liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with or relating in any way to a site, site-related services and/or content or information contained within a site, the use of a site or a linked site, or with the delay or inability to use a site or a linked site, even if FES International and its affiliates are made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., a user cannot access his/her internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. FES International and its affiliates cannot and do not guarantee continuous, uninterrupted or secure access to a site.

Other than as required under applicable law or regulation, under no circumstance will FES International or its affiliates be liable for any loss or damage caused by a user’s reliance on information obtained through a site or a linked site, or user’s reliance on any product or service obtained from a linked site.

9. LIMITATION OF REMEDY

Unless specifically provided by law or otherwise stated specifically in a SITE, a user’s sole remedy for problems with a site and/or site-related services is to notify FES International or the applicable affiliate of any problems with the site. FES International’s or an affiliate’s sole obligation will be to attempt to correct any problems with the site.

10. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITE WITH ENTITIES OTHER THAN FES INTERNATIONAL OR ITS AFFILIATES

For products or services obtained from third parties other than FES International or an affiliate, user agrees that FES International or its affiliate is a mere facilitator for the provider of products or services available through the site. Any and all claims regarding any failure or breach with respect to a product or service offered through the site are limited to claims against the product or service provider. FES International and its affiliates hereby disclaim any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the goods or services provided by a third party through the site, including, without limitation, liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such third party supplier.

11. LINKED INTERNET SITES

FES International and its Affiliates prohibit caching, unauthorized hypertext links to a SITE and the framing of any content available through a SITE. FES International and its Affiliates reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the content available on any other Internet sites linked to a SITE. Access to any other Internet sites linked to a SITE is at the user’s own risk.

User acknowledges that Linked Sites may contain rules and regulations, privacy policy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on a SITE. FES International and its Affiliates are not responsible for such provisions, and expressly disclaim any and all liability related to such third party sites or site use.

12. CONFIDENTIALITY OF USER COMMUNICATIONS

Except as required by law and except as may be in accordance with the FES International or its Affiliate Privacy Policy Statements, FES International and its Affiliates will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to FES International and its Affiliates. Postings by a user on any message board or in any chat room will not be protected as confidential and FES International or its Affiliate may use and provide information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) for any purpose whatsoever and as deemed appropriate by FES International or its Affiliate. Each Affiliate will have its own Privacy Policy (regardless of how denominated) that will apply to that Affiliate SITE.

A Linked Site may contain confidentiality or Privacy Policy provisions that differ from the provisions provided by FES International or its Affiliates. FES International and its Affiliates are not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.

13. POSTINGS

[Applies to message boards or chat rooms on a SITE.] FES International and its Affiliates are under no obligation to review any messages, information, or Content (“Postings”) posted on a SITE by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, FES International or its Affiliate may from time to time monitor the Postings on a SITE and may decline to accept and/or may remove any Postings that contain:

• Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
• Advertisements or solicitations of any kind. [Note – This does not apply to a SITE with message boards containing classified advertisements.]
• Messages posted by users impersonating others.
• Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
• Messages by non-spokesperson employees of FES International or its Affiliates purporting to speak on behalf of FES International or its Affiliates or containing confidential information or expressing opinions concerning FES International or its Affiliates.
• Messages that offer unauthorized downloads of any copyrighted or private information.
• Multiple messages placed within individual folders by the same user restating the same point.
• Chain letters of any kind.

14. TRANSMISSION OF PERSONAL DATA

[Applies to a SITE through which proprietary Customer account data may be transmitted.] User acknowledges and agrees that by providing FES International or an Affiliate with any personal or proprietary user information through a SITE, the user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with FES International or its Affiliates’ standard business practices.

User should be aware that Linked Sites might contain transmission of personal data provisions that differ from the provisions provided herein. FES International and its affiliates are not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.

Customers of FES International or an Affiliate may receive solicitations derived from customer lists obtained from non-Site-related sources. Such solicitations do not result from Web Site contacts.

15. USERS BOUND BY SITE CONTENT OR CHANGES TO SITE CONTENT

FES International or an Affiliate may make changes or improvements to a SITE or to information on a SITE at any time. Changes may be made to a Linked Site at any time. Users of a SITE or a Linked Site are deemed to be apprised of, and bound by, the Content or terms and conditions appearing on a SITE or a Linked Site as of the date of use of the SITE or Linked Site.

16. USERS BOUND BY SITE TERMS OF USE OR CHANGES TO SITE TERMS OF USE

FES International and its Affiliates reserve the right to revise these Terms of Use at any time. Third parties may change the terms of use of Linked Sites at any time. Users of a SITE or a Linked Site are deemed to be apprised of, and bound by, any version of the Terms of Use of a SITE or a Linked Site referenced on the SITE or Linked Site as of the date of use of the SITE or Linked Site.

17. VIOLATIONS OF TERMS OF USE OR SITE CONTENT

FES International and its Affiliates reserve the right to seek all remedies available at law or in equity for violations of these Terms of Use or SITE Content, including the right to block access from a particular Internet address to a SITE.

18. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of a SITE is restricted to authorized users only. Unauthorized individuals attempting to access these areas of a SITE may be subject to prosecution.

19. USE OF “COOKIE” FILE FEATURES

FES International and its Affiliates reserve the right to store information on a user’s computer in the form of a “cookie” or similar file for purposes of modifying a SITE to reflect users’ preferences. FES International and its Affiliates each have separate Privacy Policy Statements applicable to individual SITES. Those Privacy Policy statements provide additional information regarding FES International and its Affiliates’ use of cookies as well as procedures for disabling cookies.

20. JURISDICTION/GOVERNING LAW

Users of this SITE agree to submit to the laws of the State of Florida, USA and applicable federal law without regard to conflicts of laws principles.