Terms & Conditions
These TOU may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Service or website by you will constitute your acceptance of any changes or revisions to these TOU.
This Web site, including but not limited to the Housing Tides Report, text, content, photographs, video, audio and graphics, and goods (collectively referred to as the “Service”), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by EnergyLogic through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of EnergyLogic. You agree to protect the proprietary rights of EnergyLogic and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by EnergyLogic or its suppliers and licensors of content to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify EnergyLogic in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and EnergyLogic, at all times be and remain the sole and exclusive property of EnergyLogic. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to EnergyLogic for its exclusive use. Except as specifically permitted by the TOU, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without EnergyLogic’s prior written approval.
In order to obtain access to certain portions of the Service, including those portions that require a fee or payment for access, you will be required to select a username and a password. You agree that we may use this username and password to identify you. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that EnergyLogic, in its sole discretion, deems offensive or inappropriate.
You represent and warrant that the information provided in your Registration is complete and accurate to the best of your knowledge, and you will inform us of any changes to your Registration information. You are responsible for the use of any password you create as part of your Registration and for maintaining its confidentiality. EnergyLogic reserves the right to deny, restrict or terminate your access to any Content or feature reached via such Registration process for any reason, including our inability to verify the authenticity of your registration information. You shall immediately notify EnergyLogic of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account.
EnergyLogic, Inc. does not warrant the security of any information users may forward, or be requested to provide, to any third parties. Users are deemed to have irrevocably waived any claims against the EnergyLogic, Inc. for any loss or damage suffered as a result of any access to or interaction with any other websites via this website.
Restrictions on Use
You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOU. You agree to use the Service solely for your own individual use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of EnergyLogic or any of the referenced information suppliers.
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Service without EnergyLogic’s prior written consent. You may not offer any part of the Service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of EnergyLogic. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party.
You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service. You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of EnergyLogic, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of EnergyLogic. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
The materials and tools contained on the Service are provided by EnergyLogic for your individual use on an “as is, as available” basis and may be used by you for informational purposes only. You acknowledge that you are using the Service at your own risk. EnergyLogic assumes no responsibility for errors or omissions in these materials. EnergyLogic makes no commitment to update the information contained herein. EnergyLogic makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Service, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the housingtides.com website, or that use of the housingtides.com website will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by EnergyLogic or any other party on the Housing Tides Report shall create any warranty or liability. The content provided through the Housing Tides Report should be used for informational purposes only; the content is not intended to be a substitute for professional advice. Always seek the advice of a relevant professional with any questions about any investment, financial or other decision you are seeking to make.
EnergyLogic does not warrant or make any representations regarding the use or the results of the use of the materials on the Service in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall EnergyLogic or any of its subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Service, specifically the Housing Tides Report. Your sole remedy in the event of any deficiency, defect, failure, error or interruption in the services offered for sale through EnergyLogic shall be to request that EnergyLogic correct the matter or, if EnergyLogic fails to do so, to discontinue use of the Service. In no event shall EnergyLogic’s liability exceed an amount equal to all fees paid by you to EnergyLogic in connection with your use of the Service.
Limitation of Liability
EnergyLogic does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by EnergyLogic or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that EnergyLogic, its owners, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of EnergyLogic, its owners, directors, officers, employees, representatives, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against EnergyLogic by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by EnergyLogic. EnergyLogic is therefore not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to the Service. EnergyLogic does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites that may be linked to the Service. EnergyLogic is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that EnergyLogic and/or third-party references to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOU. (iii) You acknowledge that: (a) the Service is provided for information purposes only and is not intended for trading purposes; (b) the Service may include certain information taken from stock exchanges and other sources from around the world; (c) EnergyLogic does not guarantee the sequence, accuracy, completeness, or timeliness of the Service; (d) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which EnergyLogic is a party; (e) none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by EnergyLogic to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or any other investment; and (f) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, EnergyLogic, its owners, directors, officers, employees, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Service including, but not limited to delays, errors, or interruptions in the transmission or delivery of the Service.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ENERGYLOGIC, ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF ENERGYLOGIC HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ENERGYLOGIC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
EnergyLogic periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. EnergyLogic shall have no liability for the resulting unavailability of the Service Tides Report or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to EnergyLogic.
Paid Content and Fees
Purchasers of paid content are not permitted to share, distribute, sell, or otherwise transfer their user name or password to other individuals. The user name and password is for the purchaser’s sole use. Significant or unusual use of a single password (including but not limited to significant use of a single password on multiple computers or devices) could result in suspension of that password. Paid content is protected by copyright laws, and may not be transmitted (whether by e-mail or otherwise), reproduced, republished, distributed, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of EnergyLogic.
EnergyLogic reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time EnergyLogic requires a fee for portions of the Service or the Service as a whole, EnergyLogic will require you to register and create an account. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account.
You agree, at your own expense, to indemnify, defend and hold harmless EnergyLogic, its owners, directors, officers, employees, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) use by someone using your account; (iii) a violation of the TOU by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.
You may terminate the TOU, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service.
You agree that, without notice, EnergyLogic may terminate the TOU, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOU will terminate immediately without notice from EnergyLogic if you, in EnergyLogic’s sole discretion, fail to comply with any provision of the TOU.
EnergyLogic shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOU by you or EnergyLogic, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.
The TOU shall be governed and construed in accordance with the laws of the United States and the State of Colorado, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in the State of Colorado with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOU.
If any provision of the TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOU will remain in force.
The TOU and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and EnergyLogic and govern your use of the Service.