The Strategic Energy Management Hub (SEM Hub) Energy Management Assessment (EMA) Tool is developed and maintained by the Northwest Energy Efficiency Alliance on behalf of its funding utilities and organizations.
1. AGREEMENT. Your use of the EMA Tool including all reports and content from the EMA Tool (the “Tool”) is subject to these terms of this legal agreement between you and NEEA. “NEEA” means the Northwest Energy Efficiency Alliance, Inc., an Oregon corporation. By accessing and using the Tool, you accept and agree to comply with these Terms, which form a legal agreement between you and NEEA. If you are using the Tool on behalf of a company or other entity, then “You” and “Your” means that entity and you are binding that entity to these Terms.
NEEA, from time to time, may update or modify the Tool or these terms without prior notice. You understand that Your obligations under these terms shall remain in force for as long as You have account access to the Tool. You further understand that failure to abide by the terms may result in NEEA disabling Your access to the Tool, at NEEA’s sole discretion.
2. NOT PROFESSIONAL ADVICE. The Tool’s content and any reports generated through Your use of the Tool do not constitute legal, architectural, or engineering advice. You are advised to seek the advice of professionals, as appropriate, to evaluate any opinion, advice, product, service or other information provided to You.
3. DISCLAIMER. NEEA AND NEEA’S FUNDERS PROVIDE THE TOOL AND ALL TOOL CONTENT TO YOU “AS IS” AND DISCLAIMS ANY WARRANTY AS TO THE QUALITY, OPERATION OF, OR USE OF ALL OR ANY PART OF THE TOOL AND FURTHER DISCLAIMS ANY WARRANTY THAT (I) THE TOOL WILL OPERATE UNINTERRUPTED OR ERROR-FREE, (II) THE TOOL’S CONTENT OR RESULTS ARISING OUT OF THE USE OF THE TOOL WILL BE ACCURATE, COMPLETE OR ERROR-FREE, OR (III) THE TOOL WILL MEET YOUR NEEDS. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE TOOL OR AGAINST INFRINGEMENT OR MISAPPROPRIATION.
4. LIMITATION OF LIABILITY: TO THE GREATEST EXTENT ALLOWABLE BY LAW, NEEA AND NEEA’S FUNDERS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR INJURY ARISING OR RESULTING FROM YOUR USE OF THE TOOL OR THE ADVICE OR CONTENT PROVIDED, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF NEEA HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
5. NEEA’S WEB SITE TERMS. You acknowledge that you have read and agree to NEEA’s Privacy Policy and Terms of Service at https://neea.org/privacy-and-terms-of-use. NEEA’s Privacy Policy and Terms of Service also apply to your use of the Tool.
6. CONFLICT. In the event that these terms conflict with NEEA’s Privacy Policy and Terms of Service, these terms shall prevail.