Legal Information
Acceptance of Terms
The TogetherWeSave.com web site (“Site”) is being provided to you (“You”) by Touchstone Energy Cooperative, Inc. (“Touchstone Energy,” “We,” or “Us”) subject to the following Terms of Use. Please be aware that use of the Site is also subject to any posted guidelines, rules, or policies, which are made a part of these Terms of Use. In the event of a conflict between them, the Terms of Use are controlling. These terms are subject to change from time to time and without prior notice. By using this Site, You agree to abide by the Terms of Use. If You do not agree to these terms, please discontinue Your use of the Site immediately.
Proprietary Rights & Copyright Agent
You acknowledge and agree that this Site contains text, graphics, video and other content that is protected by applicable intellectual property laws, including the Touchstone Energy® name and logo design, which are federally registered trademarks of Touchstone Energy and may not be used without permission. You may view and download materials from the Site on a single computer for Your personal, noncommercial use on the condition that You do the following: retain any copyright or other legal notices contained in any material You download and You do not (and do not allow any third party) to make further use of the Site and any materials obtained from it without getting prior permission.
This Site contains content that We have created as well as content developed by Touchstone Energy Cooperatives and by other third parties with their permission. We respect the intellectual property rights of others and will remove content that appears to infringe any copyright or other intellectual property rights. We reserve the right to terminate any user’s access to the Site who posts infringing material.
If You believe that Your intellectual property has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please contact our Copyright Agent listed below and provide the following information:
- a description of the copyrighted work or other intellectual property that You believe has been infringed;
- a description of where that material is located on the Site;
- Your mailing address, telephone number, and email address;
- a statement by You, made under penalty of perjury, that: (1) You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (2) the above information in Your notice is accurate; and (3) You are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf;
- Your physical or electronic signature.
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: (By mail) Tracey Steiner, NRECA, 4301 Wilson Blvd., Mail Stop EP11-253, Arlington, VA 22203-1860. (By phone) 703-907-5847. (By email) tracey.steiner@nreca.coop.
Your notice will be evaluated and action taken as is appropriate under the Digital Millennium Copyright Act.
User Conduct, Postings & Submissions
We reserve the right to monitor, edit, remove, or refuse to make available anything submitted or posted by You to the Site that violates the Terms of Use or that We deem objectionable or inappropriate. You are responsible for ensuring that anything that You submit or post to or via the Site is lawful and appropriate. When submitting or posting to the Site, You agree to:
- Not submit or post any content that is unlawful, threatening, defamatory, hateful, obscene, or otherwise offensive, or that may be invasive of another’s privacy, business or trade secrets.
- Not send any overly “commercial” content, such as unsolicited advertising, promotional materials, or solicitations.
- Not submit or post any content that may infringe any patent, trademark, trade secret, copyright or other proprietary rights (“Intellectual Property”) of any party. By submitting or posting content through the Site You warrant that You have the necessary right, license or permission to so use any relevant Intellectual Property, and grant to Us irrevocable, transferable, worldwide, and nonexclusive rights and license to display, copy, publish, distribute, transmit, print, and use the Intellectual Property without compensation to You.
- Not knowingly submit or post any content that contains software viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Site or any computer hardware, software or networks connected to the Site, or that otherwise disrupt the normal flow of communications on the Site.
Disclaimers
Disclaimer of Warranties & Limitation of Liability: We strive to offer helpful, accurate and timely energy savings information. However, inadvertent errors can occur and We may experience technical difficulties in the operation of Our Site. Therefore, this Site and all of its content, including third party content and links, are being provided “AS IS” without warranty of any kind, either express or implied, but not limited to merchantability, fitness or non-infringement. If You rely on any data or information found on or through this site, You do so AT YOUR OWN RISK. (If You live in a state which does not permit disclaimers of implied warranties, this part of our disclaimer may not apply to You.) Touchstone Energy will not be liable to anyone for any direct, indirect, special, consequential, or other damages resulting from the use of this Site or any linked web site, even if expressly advised of the possibility of such damages.
Indemnification: You agree to indemnify and hold Touchstone Energy and its officers, directors, employees and agents, harmless from any and all claims, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) related to Your use of the Site, including Your violation of the Terms of Use or the violation of any rights of another.
Miscellaneous
Entire Agreement: The Terms of Use constitute the entire agreement between Us and You regarding Your use of the Site.
Partial Invalidity: The invalidation of any provision or any portion of a provision, of the Terms of Use by any entity with proper jurisdiction and authority does not invalidate the remaining provisions, or the remaining portion of a provision.
Applicable Law, Jurisdiction & Venue: The Terms of Use are governed by, and will be interpreted under, the laws of Virginia, without regard to choice or conflicts of law rules. Any legal action regarding the Terms of Use shall be commenced and heard in the Circuit Court of Arlington County, Virginia or the U.S. District Court for the Eastern District of Virginia. You agree to submit and consent to the jurisdiction and venue of these courts. You agree to irrevocably waive any right You may have to commence any action against Us in any other court as well as any rights or defenses in any action before the above noted courts based on lack of personal jurisdiction or improper or inconvenient venue.
No Waiver: No waiver of any breach by You of the Terms of Use shall constitute a waiver of any other or subsequent breach.
Questions: Questions regarding these Terms of Use may be directed to Tracey Steiner at 703-907-5847 or tracey.steiner@nreca.coop. Mail may be sent to her attention at: NRECA, 4301 Wilson Blvd., Mail Stop EP11-253, Arlington, VA 22203-1860.