Terms and Conditions

These Terms of Use govern your use of the Institute for Energy Economics and Financial Analysis (IEEFA) website at ieefa.org and any other website or online service that IEEFA provides.

You accept the Terms by using IEEFA’s services, and you accept any changes to the Terms by continuing to use our services after we post changes.

1. Grant of License. Subject to these Terms and your continued compliance therewith, IEEFA provides you with a personal, revocable, nonexclusive, nontransferable license to use our services, to the extent attribution is to IEEFA, and the text, graphics, information, and other content made available by IEEFA, including without limitation, content obtained through widgets, RSS feeds, APIs or other similar means.

In furtherance of IEEFA’s mission to inform the public debate on important issues, you may access, print, copy, reproduce, cite, link, display, download, distribute, broadcast, transmit, and publish IEEFA content provided that all copies display all copyright and other applicable notices and provided further that you do not use IEEFA content in any manner that implies, suggests, or could otherwise be perceived as attributing a particular policy or lobbying objective or opinion to IEEFA, or as an IEEFA endorsement of a cause, candidate, issue, party, product, business, organization, religion or viewpoint.

In the event that you translate IEEFA content into another language you must include the following disclaimer: “IEEFA has published the original content in English but has not reviewed or approved this translation.” Any rights not expressly granted herein are reserved.

Under no circumstances may IEEFA content be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written permission of IEEFA, except to the extent such content is obtained through a widget, RSS feed, or other similar means.

2. Citation. “[Report Title].” IEEFA, Cleveland, OH ([Publication date]) [URL].

3. Prohibited Conduct. You may not access or use, or attempt to access or use, IEEFA’s services to take any action that could harm IEEFA or any third party, interfere with the operation of IEEFA, or use our services in a manner that violates any laws. For example, and without limitation, you may not:

• impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
• engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
• take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the website or any activity conducted on the website or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the site;
• engage in any other conduct that restricts or inhibits any person from using or enjoying the site, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.

Violations of system or network security may result in civil or criminal liability.  We may investigate and work with law enforcement authorities to prosecute users who violate these Terms.  We may suspend or terminate your access to our services for any or no reason at any time without notice.

4. Intellectual Property Rights. All content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations and is owned by IEEFA. Except as expressly provided herein, IEEFA does not grant any express or implied right to you or any other user of our services.

5. Privacy Policy. By using the Services, you consent to IEEFA’s processing of your information consistent with our Privacy Policy.

6. Third-Party Sites. IEEFA.org may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.

7. Disclaimer of Warranties; Limitation of Liability. IEEFA does not provide tax, legal, investment, financial product or accounting advice. IEEFA reports are for information and educational purposes only. Reports are not intended to provide, and should not be relied on for, tax, legal, investment, financial product or accounting advice. Nothing in our reports is intended as investment or financial product advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, opinion, endorsement, or sponsorship of any financial product, class of financial products, security, company, or fund. IEEFA is not responsible for any investment or other decision made by you. You are responsible for your own investment research and investment decisions. Reports are not meant as a general guide to investing, nor as a source of any specific or general recommendation or opinion in relation to any financial products. Unless attributed to others, any opinions expressed are our current opinions only. Certain information presented may have been provided by third-parties. IEEFA believes that such third-party information is reliable, and has checked public records to verify it where possible, but does not guarantee its accuracy, timeliness or completeness; and it is subject to change without notice.

8. Indemnification. You agree to indemnify, defend and hold IEEFA and our affiliates, directors, officers, employees, agents and assigns harmless from and against any and all loss, costs, expenses (including reasonable attorneys’ fees and expenses), claims, damages and liabilities related to or associated with your use of the services and any alleged violation by you of these terms. We reserve the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with such cooperation as we reasonably request.

9. User Submissions. IEEFA welcomes your feedback and suggestions about how to improve our services. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through our services, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for IEEFA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary. You hereby waive any moral rights you may have in your Submissions. You represent that you have obtained the consent of all individuals who are identifiable in your Submissions, or of the individual’s parent or legal guardian if the individual is under 18 years old, to include the individual’s likeness in your Submissions and for us to enjoy all of the rights and privileges that you grant to us under these Terms.

You remain fully responsible for Submissions, and you agree not to provide Submissions that:

• infringe on the copyright, trademark, patent or other intellectual property rights of any third party;
• are false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
• violate a third party’s right to privacy or publicity;
• degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
• contain epithets or other language or material intended to intimidate or to incite violence; or
• violate any applicable local, state, national, or international laws.

You understand and agree that we are not responsible for any Submissions.  We are not obligated to publish or use your Submissions.  We may monitor, review, edit, remove, delete, or disable access to your Submissions at any time, without prior notice and in our sole discretion, for any or no reason.

10. U.S. Copyright Infringement Claims. This site contains copyrighted material, the use of which may not have been specifically authorized by the copyright owner. The Institute for Energy Economics and Financial Analysis is making it available to advance understanding of environmental, consumer, economic and governmental issues. This constitutes fair use of such copyrighted material as provided for in U.S. Copyright Law, Section 107. Accordingly, the material on this site is made available without profit to those who have requested it for research and educational purposes. If you wish to use copyrighted material from this site for purposes beyond fair use, you must obtain permission from the copyright owner.

If you believe in good faith that your work has been reproduced or is accessible on the site in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:

• identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
• identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
• your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Our designated agent is:

By Mail:
INSTITUTE FOR ENERGY ECONOMICS AND FINANCIAL ANALYSIS
14900 Detroit Avenue Suite 206
Lakewood, OH 44107
Attn: Executive Director

By Email:
[email protected]

Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content.  We will terminate the privileges of users who repeatedly infringe copyright.  Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.

11. Choice of Law and Forum.  If you use IEEFA’s services from the European Union, these Terms will be governed by and shall be construed in accordance with the law of your home country, and the courts of your home country will have exclusive jurisdiction over any claim or dispute arising out of or relating to our services. Otherwise, you agree that your access to and use of our services will be governed by and will be construed in accordance with the law of the District of Columbia, without regard to principles of conflicts of laws.  You agree that any claim or dispute arising out of or relating to our services must be resolved by a federal district court located in Washington, D.C., unless agreed upon by all parties.

Any use of geographical names on this site does not imply the expression of any opinion whatsoever on the part of IEEFA concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. IEEFA takes no position on any sovereignty disputes between states; any reference to states, territories, or places on this is without prejudice to the outcome of any sovereignty disputes, legal disputes, or dispute resolution processes between states.

12. Miscellaneous. These Terms constitute the entire agreement between you and IEEFA, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of our services.

Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations.  Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our services or information provided to or gathered by us with respect to such use.