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Terms and Conditions

Account Creation

Welcome to CUB Energy Saver. CUB Energy Saver is a project of the Illinois Citizens Utility Board (CUB). In order to complete registration, Users of the Site (“Users”) must indicate that they have read and agreed to the Terms of Use (“Terms”). Please read these Terms carefully.

By accessing or using the CUB Energy Saver Web Site (“CUB Web Site”) you signify that you have read,understand and agree to be bound by these Terms, whether or not you are a registered User of the CUB Web Site. CUBEnergy Saver reserves the right, in its sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice; any such change, modification, addition or deletion will be effective when it is posted on the CUB Web Site.

Grant of License

CUB grants you a non-transferable, non-exclusive license to view using a browser and to cache the information and data generated by the CUB Energy Saver Web Site (“Materials”) solely for internal, non-commercial use.You may not copy, reverse engineer, translate, distribute, modify or make derivative works of the Materials. You may not publish, market, or otherwise transfer the Materials or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation or any other means. You shall not use the Materials to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any ownership rights in the Materials. The Materials are copyrighted and may not be copied, even if modified or merged with other Materials. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Materials. The trademarks and service marks and any designs associated with any marks on the web site are trademarks and/or service marks of CUB or third parties under contract withCUB. ALL RIGHTS RESERVED. Any use of trademarks, service marks, product names and company names or logos,including the reproduction, modification, distribution or republication of same without the prior written permission of CUB, is strictly prohibited. Other trademarks, service marks, trade names and company logos referenced are the property of their respective owners.

Files Uploaded to the Site

CUB Web Site Users may upload photos and various other files to the Site. All Users must comply with copyright and similar laws and must not infringe on the rights of others. Note, however, that CUB Energy Saver does not monitor in any manner whether Users are complying with those laws or honoring those rights, and CUB Energy Saver is not responsible for protecting the copyright, license or other similar rights of any User.

Users agree not to use the CUB Web Site to upload files or content that is copyrighted by parties other than the Users uploading the files or content. CUB Energy Saver reserves the right to suspend or otherwise terminate file or content exchanges it believes infringe on rights of others under copyright law or other applicable law.

Please see the section titled “Copyright Complaints” if you believe a file has been uploaded or downloaded illegally using the CUB Web Site.

By uploading files to publicly accessible areas of the CUB Web Site (including Profiles), you grant CUB EnergySaver worldwide, royalty-free and for payment of no compensation of any kind, a non-exclusive perpetual license(s)to use and publicly display such content on the CUB Web Site in connection with the CUB Web Site, the operation of the CUB Web Site and in connection with CUB Energy Saver’s operations. This license exists only for as long as you elect to continue to include such content on the CUB Web Site and will terminate at the time you remove orCUB Energy Saver removes such content from the CUB Web Site. CUB Energy Saver does not claim any rights to a User’sfiles other than the right to display it in the CUB Web Site and the rights set forth above.

Copyright Complaints

If you believe that any material on the CUB Web Site violates any copyright or similar right which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below.

Name and contact information of Agent Designated to Receive Notification of Claimed Infringement:

Bruce Temkin

100 Pearl Street 14th Floor

Hartford, Connecticut 06103, USA

E-Mail Address of Designated Agent: btemkin@brucetemkin.com

To meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must consist of a written communication that includes the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • 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.

Maintaining the Integrity of the Community

CUB Energy Saver believes that the CUB Web Site should be a positive, empowering environment that encourages cordial behavior and activity among its Users.

CUB Energy Saver reserves the right without prior notice to affected Users to remove material (including, but not limited to photos, text, files, User submissions, User profiles, and User accounts) from the CUB Web Site because it is harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous or otherwise deemed, in the sole discretion of CUB Energy Saver, to be objectionable or incompatible with these Terms and/orthe goals of the CUB Web Site.

Users’ Agreement not to use the CUB Web Site for certain purposes:

Users agree not to use the CUB Web Site to upload, post, email, transmit or otherwise make available any content that CUB Energy Saver, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar,obscene, hateful, pornographic, libelous, or otherwise objectionable; upload any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party, or that Users do not have aright to make available under applicable law or any contractual or fiduciary relationships; impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity;upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,”or any other form of solicitation or commercial solicitation, except for the placement of CUB Energy Saver advertisements, if any, using the CUB Energy Saver Advertising System, the legitimate and lawful solicitation of collaborative partners, or the legitimate promotion of eco-friendly activities, events or other related content,as determined by CUB Energy Saver, in its sole discretion; send unsolicited email advertisements to CUB Web SiteUser email addresses; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass anotherUser; or use or attempt to use another User’s account, service or system without prior written authorization from CUB Energy Saver, or create a false identity on the CUB Web Site.

Privacy

CUB Energy Saver takes the privacy of CUB Web Site Users very seriously. CUB Energy Saver does not share personal identifying information (including information Users enter as part of their Profiles) without prior written consent from Users. CUB Energy Saver does not share personal User information with marketers or advertisers;however, CUB Energy Saver may do so in the aggregate without making reference to or identifying individual Users or their contact information.

An important part of the CUB Web Site is the informational profiles Users receive upon registration. Users can choose what information they would like to make public by adding it to their Profiles, and such information will be visible to other Users of the CUB Web Site.

Users agree not to share, syndicate, reproduce, or otherwise disseminate the information from another User’s Profile or other information exchanged via communication facilitated by the CUB Web Site without the express written consent of that User.

Users are not licensed to add other CUB Web Site Users to their mail list (email or physical mail) without that other User’s express written consent. Users may not use our communication tools to send spam or otherwise send content that would violate these Terms.

CUB Energy Saver may disclose information about CUB Web Site Users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. CUB Energy Saver may also disclose information about CUB Web Site Users to law enforcement officers or others in the good faith belief that such disclosure is reasonably necessary to enforce our Terms, respond to claims that any posting or other User Submission violates the rights of third-parties, or to protect the rights,property, or personal safety of CUB Energy Saver, its owners, officers, directors, agents, subsidiaries, joint venturers or employees, the CUB Web Site, its Users or the general public.

Although CUB Energy Saver makes good faith efforts to store information in a secure operating environment not available to the public, CUB Energy Saver cannot guarantee complete security. CUB Energy Saver disclaims liability for unintentional security breaches.

Utility Usage and Savings Data and Related Financial Instruments

CUB Energy Saver may measure your utility usage by logging in to your online utility accounts and downloading the usage data for your registered account or through other means. By providing your utility account information to CUB Energy Saver, you certify that you own the account(s) you have registered with CUB Energy Saver, and you authorize CUB Energy Saver to act as your agent to obtain usage data by logging into those utility accounts or through other means.

You hereby assign the right to aggregate and market financial instruments associated with the reduction inutility usage on your registered account to CUB Energy Saver. This assignment shall remain in effect until you terminate your registered account. You understand that you cannot simultaneously assign this right to any other entity.

You understand that the measurement, creation and marketing of any financial instruments generated from a reduction in utility usage are at CUB Energy Saver’s sole discretion and that CUB Energy Saver makes no warranty as to the marketability or market value of any financial instrument. You agree that any financial instruments generated from reduction in utility usage on the CUB Website are the exclusive property of CUB EnergySaver.

Recommendations and Services of the Web Site

CUB provides its recommendations and informational services on this website on the basis of information provided by you as to your particular requirements and information provided by other sources, including Illinois gas and electric utilities, suppliers and telecommunications companies (“Providers”): 

CUB makes every effort to provide quality service but is not the author of all of the information it provides. CUB acts as a mere conduit of information provided to it by the relevant Providers. Any information regarding price,availability and other information of any product or service is subject to change without notice. CUB accepts no responsibility or liability and does not give any guarantees, undertakings or warranties concerning:

the accuracy, completeness, or current nature of the information provided to CUB by the Providers; and the service, content, functionality, operation, compatibility, install ability, maintenance, level of service or any other matter in connection with any product or service offering of any Provider; and 

any aspect of the terms and conditions of use, installation, function, maintenance, price or payment in connection with any product or service offering of any Provider. 

The Providers and other third party companies and state agencies described on the CUB site are not associated or affiliated with CUB, and Providers may not endorseCUB or the information provided, unless otherwise agreed to by CUB. CUB does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked,downloaded or accessed from any of the services contained on this website, nor the quality of any products,information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Materials. You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. CUB reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Materials. The bill calculators, rate data and other documentation provided here do not constitute official prices, data or offers of the Providers, nor do these materials depict binding offers of Providers. This website offers a free service to you and other users. The Materials regarding telecommunications, utility and energy service plans/packages are for the purpose of the services provided on this website without charging any additional fees to you, should you proceed to accept a product or service found on this website. Any additional charges by any Provider are a matter for disclosure to you by the Provider at the time you choose to accept any product or service offering of the relevant Provider. Providers do not provide information to CUB for this website under any contractual arrangements between CUB and the Provider. CUB does not act as an agent of the Provider in making any recommendations to you and does not receive a benefit under separate arrangements with the Provider. 


Rewards Points

In order to earn or redeem rewards points, you must attempt to link your CUB Energy Saver account.

You cannot earn more than 250 points per month.

Membership

Registration with CUB Energy Saver is free of charge. CUB Energy Saver agrees to terminate memberships upon receipt of termination notification from members. CUB Energy Saver, in its sole discretion and without prior notice, reserves the right to add, remove, or make modifications to the features included in particular memberships at any time, including the right to adjust storage and bandwidth limits associated with different classes of membership.

Users are responsible for maintaining the confidentiality of account and password information and agree to accept responsibility for all activities that occur under the User’s account or password.

Children Under Age 13

Children Between the Ages of 13 and 18

CUB Energy Saver recommends that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.

User Disputes

Users of the CUB Web Site are solely responsible for their interactions with other CUB Energy Saver Users,whether on or off the CUB Web Site. The CUB Web Site may enable Users to apply terms (“User’s Terms”)to various interactions with Users, such as contests, games, groups, events and friend requests. Users of the CUBWeb Site are solely responsible for the User’s Terms they apply to their membership in contests, games,groups, events and friend requests on the CUB Web Site. CUB Energy Saver is not responsible for enforcing User’sTerms or arbitrating, hearing or settling disputes over User’s Terms that may arise between Users. CUBEnergy Saver reserves the right, but has no obligation, to monitor disputes between Users of the CUB Web Site.

Proprietary Rights

All material on the CUB Web Site, including, but not limited to, design, text, graphics, other files, and their selection and arrangement (the “Material”) is the sole property of CUB Energy Saver or licensed by CUBEnergy Saver under valid licensing agreement between CUB Energy Saver and applicable third parties. All rights are reserved. No Material may be modified, copied, distributed, framed, reproduced, republished, downloaded,displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of CUB Energy Saver.

All trademarks, logos, trade dress and service marks on the CUB Web Site are either trademarks or registered trademarks of CUB Energy Saver and may not be copied, imitated, or used, in whole or in part, without the prior written consent of CUB Energy Saver.

Contests and Other Campaigns

CUB Energy Saver hosts or sponsors contests and other campaigns on the CUB Web Site. All final decisions related to any aspect of a contest or campaign hosted or sponsored by CUB Energy Saver on the CUB Web Site rest solely with CUB Energy Saver.

CONTEST OFFICIAL RULES

ILLINOIS CITIZENS UTILITY BOARD (CUB) "CUB ENERGY SAVER FREE MONTH OF ELECTRICITY CONTEST" OFFICIAL RULES.

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE ENTRANT'S CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.

ELIGIBILITY AND CUB ENERGY SAVER FREE MONTH OF ELECTRICITY CONTEST PURPOSE: CUB Energy Saver Free MONTH OF ELECTRICTY Contest ("Contest") is operated and hosted by CUB ("Operator") on the CUB Energy Saver Web Site, www.cubenergysaver.com ("CUB Web Site"). The contest is open to registered members of CUB and who are 18 years of age or older at the time of entry (“Entrants”). The Contest is subject to the CUB Web Site Terms & Conditions, located at www.cubenergysaver.com/terms. The goal of the Contest is to expand CUB Energy Saver membership by having eligible consumers visit the CUB Web Site and register as a CUB member. Current CUB Energy Saver members are not eligible to participate in this Contest.

Employees, contractors, directors and officers of CUB, its partners and sponsors, and their affiliated companies, distributors, web design, advertising, and promotion agencies involved in the administration, development, and execution of this Contest (collectively, "Contest Parties"), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same households of each (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest).

TO ENTER: Entrants will sign up to be a CUB Energy Saver Member and link their utility bill at the CUB Energy Saver Web Site. Entrants must successfully complete step 3 in the enrollment process linking their ComEd electric utility account to be eligible. The Contest will run for a period of six (6) weeks and two (2) days commencing on April 16, 2012 and terminating on June 1, 2012 (“Contest Period”).

ENTRY REQUIREMENTS. No purchase is necessary to enter the Contest. By entering the Contest, you hereby warrant and represent that your activity on the CUB Web Site conforms to the requirements set forth herein. * You must not post material which is (or promoting activities which are) harmful, threatening, abusive, disparaging, harassing, vulgar, obscene, hateful, pornographic, or libelous or which has other inappropriate content, or is otherwise objectionable as determined by Operator in its sole discretion; * You shall not defame, misrepresent or make disparaging remarks about any persons, products or companies; and * You shall not use the CUB Web Site in violation of any law.

GRANT OF RIGHTS: All winning Entrants agree: (i) that Contest Parties have the right to use the your name and likeness in any and all media in and in connection with promotion, publicity, marketing and advertising for Contest Parties, and this Contest or other promotions by Contest Parties as Contest Parties' see fit without any further notification or compensation; (ii) that Contest Parties shall have no obligation (express or implied) to use your name and likeness in any manner and you shall not be entitled to any damages or other relief by reason of Contest Parties use or non-use of your name, likeness and related information; (iii) to be bound by these Contest Official Rules; (iv) that you may be contacted by Contest Parties by email regarding this Contest; (v) to indemnify and hold Contest Parties harmless from any and all claims, demands, causes of action and judgments (including attorney's fees, court costs and expert's fees) arising out of or relating to any breach by you of the terms and conditions of these rules, including the representations and warranties made herein. By entering this Contest, you agree to sign and deliver to Contest Parties such documents as Contest Parties may reasonably require to effectuate the rights granted herein.

SELECTION OF WINNERS: At the end of the Contest Period, the Operator will announce the winning Entrants, the number of which will be determined by the ratio of 1 winner per every 10 successful entries. The Winners will receive the following prize: Winners’ electricity bills will be paid for the month of April, 2012 up to a maximum amount of $150 in total (“Winners Prize”). The Winners will be randomly selected and notified by June 18th, 2012. Each Winner will be required to provide the Operator a copy of his/her April, 2012 electricity bill by July 6th, 2012 in order to receive payment of the Winners Prize. The Operator will mail the Winners Prize checks to the applicable Winners by July 12, 2012.

Contest Winners are selected by Operator in its sole and absolute discretion. Any attempt by an Entrant to use any fraudulent mechanism shall give Operator the right to disqualify Entrant in its sole and absolute discretion. Operator is not responsible for any delay or failure to deliver any prizes related to the Contest.

Entrants agree that the Operator has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Operator are final and binding.

GENERAL TERMS: Winners are solely responsible for the payment of any taxes on their respective prizes, if any. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Operator. Prizes are non-transferable, and non-refundable. Winners will be notified by phone and/or e-mail and each winner may be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release as a condition of being declared a Winner. If a prize, or any portion thereof, cannot be awarded for any reason, such prize will be forfeited. By participating in the Contest, entrants thereby release Operator and Contest Parties from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest, and agree to resolve any dispute individually, without resort to any class action. By accepting a prize in the Contest, each Winner agrees that the Operator and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. Each Winner grants permission to Operator and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes and associated actions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Operator reserves the right, in its sole discretion, to cancel, modify or terminate the Contest. This Contest is governed by the laws of the state of New York, U.S.A. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York, U.S.A. for the resolution of any disputes.

LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Operator or Contest Parties resulting from entrants' participation in or attempt to participate in the Contest or downloading any information in connection with participating in the Contest. No responsibility or liability is assumed by the Operator or Contest Parties for technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web, in whole or in part for any reason; traffic congestions on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest. Operator is not responsible for any typographical errors in the announcement of prizes or these Contest Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of the Website is at user's own risk. Operator and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Website. Operator is not responsible for any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws. Should such an attempt be made, Operator reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Operator's failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision. Persons engaging in any of the foregoing activities may be disqualified in Operator's sole discretion.

OPERATOR: Citizens Utility Board 
309 West Washington Street, Suite 800, Illinois 60606 
(312) 263-4282 
Fax (312) 263-4329 
(800) 669-5556

Links to Other Websites

The CUB Web Site contains links to other web sites. CUB Energy Saver has not reviewed all of these web sites and is not responsible for the content, accuracy or opinions expressed in such other web sites, and such other websites are not investigated, monitored or checked by CUB Energy Saver for content, accuracy or completeness.Inclusion of any linked web site on or through the CUB Web Site does not imply CUB Energy Saver’s approvalor endorsement of the linked web site. If Users decide to leave the CUB Web Site and access these other third-party sites, they do so at their own risk.

Disclaimers

CUB Energy Saver is not responsible for any incorrect or inaccurate content on the CUB Web Site or any otherUser-generated material posted on the CUB Web Site or in connection with the CUB Web Site, whether posted or caused by Users of the CUB Web Site. CUB Energy Saver is not responsible for the conduct, whether online or offline, of any User of the CUB Web Site. The CUB Web Site may be temporarily unavailable from time to time for maintenance or other reasons. CUB Energy Saver assumes no responsibility for any error, omission, interruption,deletion, defect, delay in operation or transmission, communications line failure, theft, destruction,unauthorized access to, or alteration of User communications. CUB Energy Saver is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers,computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to Users or to any otherperson’s computer related to or resulting from participating or downloading materials in connection with theCUB Web Site. Under no circumstances will CUB Energy Saver be responsible for any loss or damage, including, but not limited to, personal injury or death, resulting from anyone’s use or viewing of the CUB Web Site, anyUser Submissions or any other User-generated material posted on or through the CUB Web Site or transmitted toUsers, or any interactions between Users of the CUB Web Site, whether online or offline. THE CUB WEB SITE, ITS CONTENT, USER SUBMISSIONS AND ANY USER-GENERATED MATERIAL ARE PROVIDED “AS-IS” WITHOUT WARRANTIES OFANY KIND AND CUB ENERGY SAVER DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CUB ENERGY SAVER CANNOT PROMISE GUARANTEE AND DOES NOT PROMISE OR GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE CUBWEB SITE. Applicable law may not allow exclusion of certain or all implied warranties, so the foregoing may not apply to you in some respects.

Limitation on Liability

The Materials are provided to you on an AS IS and WITH ALL FAULTS basis. You assume the entire risk of loss in using the Materials. The Materials are complex and may contain some nonconformities, defects or errors. CUB does not warrant that the Materials will meet your needs or expectations, that operations of the Materials will be error free or uninterrupted, or that all nonconformities can or will be corrected. This Limited Warranty is non-transferable.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL CUB ENERGY SAVER BE LIABLE TO YOUOR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE CUB WEB SITE OR THE SERVICE, EVEN IF CUB ENERGY SAVER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CUB ENERGY SAVER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORMOF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO CUB ENERGY SAVER FOR THE SERVICE DURING THE TERM OF MEMBERSHIP; AND (B) ONE HUNDRED DOLLARS ($100).

USERS WILL NOT HOLD CUB ENERGY SAVER RESPONSIBLE FOR OTHER USERS’ ACTIONS OR INACTIONS, INCLUDING FILES UPLOADED TO THE CUB WEB SITE. YOU ACKNOWLEDGE THAT THE CUB WEB SITE IS A VENUE TO EMPOWER ITS USERS TO LIVE MORE RESPONSIBLY IN TERMS OF THEIR IMPACT ON THE ENVIRONMENT. CUB ENERGY SAVER HAS NO CONTROL OVER, DOES NOT GUARANTEE,AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF SERVICES ADVERTISED OR FILES EXCHANGED, THE TRUTH OR ACCURACY OF PROFILES OR OFFERS FOR SERVICES, WHETHER RELATED TO ENERGY USE OR CARBON DIOXIDE REDUCTION OR OTHERWISE.

WE ARE NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE CUB WEB SITE.

IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE CUB ENERGY SAVER (AND ITS OFFICERS, DIRECTORS, AGENTS,SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

CERTAIN LAWS AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU,AND YOU MAY HAVE ADDITIONAL RIGHTS.

Governing Law and Venue

By visiting or using the CUB Web Site, Users agree that the laws of the United States of America and the State of New York, without regard to conflicts of laws principles, will govern these Terms and any dispute of any sort that might arise between you and CUB Energy Saver or any of its affiliates. Any legal action or proceeding related to this Web Site (including, but not limited to, User visits to or use of the CUB Web Site) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York. To the extent you might have in any manner violated or threaten to violate CUB Energy Saver or any of its affiliates’ proprietary or intellectual property rights, CUB Energy Saver may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of New York.

Any claim, action or proceeding by you related in any way to the CUB Web Site and/or the Service (including your visit to or use of the Web Site and/or the Service) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Indemnity

You agree to indemnify and hold CUB Energy Saver, its subsidiaries and affiliates, and each of their owners,directors, officers, agents, contractors, partners, joint ventures and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorney’s fees, arising out of any claim, action,investigation or proceeding made or instituted by any third party due to or arising out of your use of the CUB WebSite (including, but not limited, the Services, Contests or Other Campaigns, User visits to or use of the CUB WebSite) in violation of these Terms or your violation of any law or the rights of a third party.

Other

These Terms together with any other policies of CUB Energy Saver posted by it on the CUB Web Site constitute the entire agreement between you and CUB Energy Saver regarding the use of the CUB Web Site, superseding any prior agreements between you and CUB Energy Saver relating to your use of the CUB Web Site. The failure of CUB EnergySaver to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. CUB Energy Saver reserves the right to make changes to the CUB Web Site,policies, and these Terms at any time. Changes take effect when they are posted on the CUB Web Site. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

The CUB Web Site and its contents are intended to comply with the laws and regulations in the United States.Other countries and jurisdiction may have laws, and regulatory requirements that differ from those in the UnitedStates. Any content, offer or service on the CUB Web Site is void where prohibited.

Termination of Service

You agree that CUB Energy Saver, in its sole discretion and without prior notice, has the right but not the obligation to delete or deactivate your CUB Web Site account, block your email or IP address, or otherwise terminate your access to or use of the CUB Web Site (or any part thereof), immediately and without notice, and remove and discard any User Submissions within the CUB Web Site, for any reason, including, without limitation, ifCUB Energy Saver believes that you have acted inconsistently with these Terms. Further, you agree that CUB EnergySaver shall not be liable to you or any third-party for any of the foregoing actions or for termination of your access to the CUB Web Site. Further, you agree not to attempt to use the CUB Web Site after said termination.

Without limiting the foregoing, in accordance with the DMCA and other applicable law, CUB Energy Saver has adopted a policy of terminating, in appropriate circumstances and in the sole discretion of CUB Energy Saver,members who are deemed to be repeat infringers of intellectual property rights. CUB Energy Saver may also, at its sole discretion and without prior notice, limit access to the CUB Web Site and/or terminate the memberships of anyUsers who, in the judgment of CUB Energy Saver, infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Advertising

CUB Energy Saver makes no guarantee as to the outcome or result of advertisements placed on the CUB Web Site, if any. Although CUB Energy Saver will always do its best to ensure that ads are placed according to the terms agreed to at the time of purchase, including target audience and advertisement terms, CUB Energy Saver cannot be held responsible for any expected result of placing advertisements on the CUB Web Site, including but not limited to changes in product sales, web traffic, concert attendance, or collaborative interest.

Contests

Illinois Citizens Utility Board (CUB) "CUB Energy Saver Consumer Referral Contest" CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE ENTRANT'S CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.

Employees, contractors, directors and officers of CUB, its partners and sponsors, and their affiliated companies, distributors, web design, advertising, and promotion agencies involved in the administration, development, and execution of this Contest (collectively, "Contest Parties"), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same households of each (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest) are not eligible to participate in this Contest. Void where prohibited.

Entrants will refer Illinois public utility consumers to the CUB Web Site with a personalized signup link and instruct the consumers to register as a new CUB member (“Referrals”). The Contest will run for a period of two (2) weeks commencing on December 9, 2010 and terminating on December 23, 2010 (“Contest Period”). At the end of each week of the Contest Period, the Operator will send an email to Entrants with a Contest leader board (“Contest Leader Board”). At the end of the Contest Period, the Operator will announce the top three (3) Entrants with the highest number of Referrals (the “Referral Winners”). The Referral Winners will receive the following prizes: the top Entrant: $100.00 Amazon gift card; the 2nd Entrant: $50.00 Amazon gift card; and the 3rd Entrant: $25.00 Amazon gift card.

However, the Operator may invalidate any Referral in its sole and absolute discretion if the Operator has reason to believe the Referral information was obtained in a manner that impugns the integrity of the Contest. All such decisions made by the Operator are final.

ENTRY REQUIREMENTS. No purchase is necessary to enter the Contest. By entering the Contest, you hereby warrant and represent that your activity on the CUB Web Site conforms to the requirements set forth herein.

  • You must not post material which is (or promoting activities which are) harmful, threatening, abusive, disparaging, harassing, vulgar, obscene, hateful, pornographic, or libelous or which has other inappropriate content, or is otherwise objectionable as determined by Operator in its sole discretion;
  • You shall not defame, misrepresent or make disparaging remarks about any persons, products or companies;
  • You shall not use the CUB Web Site in violation of any law.

GRANT OF RIGHTS: Any Entrants who refer members to CUB Energy Saver as part of this contest agree: (i) that Contest Parties have the right to use the your name and likeness in any and all media in and in connection with promotion, publicity, marketing and advertising for Contest Parties, and this Contest or other promotions by Contest Parties as Contest Parties' sees fit without any further notification or compensation (ii) that Contest Parties shall have no obligation (express or implied) to use your name and likeness in any manner and you shall not be entitled to any damages or other relief by reason of Contest Parties use or non-use of your name, likeness and related information; (iii) to be bound by these official rules; (iv) that you may be contacted by Contest Parties by email regarding this Contest; (v) to indemnify and hold Contest Parties harmless from any and all claims, demands, causes of action and judgments (including attorney's fees, court costs and expert's fees) arising out of or relating to any breach by you of the terms and conditions of these rules, including the representations and warranties made herein. By entering this Contest, you agree to sign and deliver to Contest Parties such documents as Contest Parties may reasonably require to effectuate the rights granted herein.

SELECTION OF WINNERS: Referral Winners are selected by Operator in its sole and absolute discretion based on the total number of Referrals generated by each Entrant. Any attempt by an Entrant to use any fraudulent mechanism shall give Operator the right to disqualify Entrant in its sole and absolute discretion. In the event of a tie, the tied Referral Winners will be awarded the same applicable prize described above for the particular place that each individual Referral Winner would have been in if the tie had not occurred. Operator is not responsible for any delay or failure to deliver any prizes related to the Contest.

Entrants agree that the Operator has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Operator are final and binding.

GENERAL TERMS: Winners are solely responsible for the payment of any taxes on their respective prizes, if any. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Operator. Prizes are non-transferable, and non-refundable. Winners will be notified by phone and/or e-mail and each winner may be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release as a condition of being declared the winner. If a prize, or any portion thereof, cannot be awarded for any reason, such prize will be forfeited. By participating in the Contest, entrants thereby release Operator and Contest Parties from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest, and agree to resolve any dispute individually, without resort to any class action. By accepting a prize in the Contest, each winner agrees that the Operator and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. Each Referral Winner grants permission to Operator and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes and associated actions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Operator reserves the right, in its sole discretion, to cancel, modify or terminate the Contest. This Contest is governed by the laws of the state of New York, U.S.A. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York, U.S.A. for the resolution of any disputes.

LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Operator or Contest Parties resulting from entrants' participation in or attempt to participate in the Contest or downloading any information in connection with participating in the Contest. No responsibility or liability is assumed by the Operator or Contest Parties for technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web, in whole or in part for any reason; traffic congestions on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest. Operator is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of the Website is at user's own risk. Operator and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Website. Operator is not responsible for any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws. Should such an attempt be made, Operator reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Operator's failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision. Persons engaging in any of the foregoing activities may be disqualified in Operator's sole discretion.

OPERATOR:

Citizens Utility Board 
208 South LaSalle Street, Suite 1760, Chicago, Illinois 60604 
(312) 263-4282 
Fax (312) 263-4329 
(800) 669-5556

Questions and Feedback

Definitions of Certain Terms Used in these Terms of Use

“CUB Energy Saver Web Site” – The web site located at www.cubenergysaver.com,www.cubenergysaver.org, and all of their various sub-domains.

“CUB Energy Saver” – CUB Energy Saver is a project of Citizens Utility Board, a nonprofit,nonpartisan organization the mission of which is to represent the interests of residential utility customers inthe State of Illinois. For more information, visitwww.citizensutilityboard.org.

“User’s Terms” – agreements made between members using the interface provided by the CUBWeb Site, including, but not limited to, agreements related to contests, games, groups, events, and wagers.

“User(s)” – Individuals who visit the CUB Web Site and do not register and individuals who register with the CUB Web Site and become free members.

“User Submissions” – includes files uploaded by Users to the CUB Web Site and files uploaded byUsers to Profiles (including User photos and other media the CUB Web Site may accept as part of the Profile).

CUB Energy Saver DOES NOT claim any ownership rights to User Submissions.

Citizens Utility Board
208 South LaSalle Street, Suite 1760, Chicago, Illinois 60604
(312) 263-4282
Fax (312) 263-4329
(800) 669-5556

Contests

Illinois Citizens Utility Board (CUB) "CUB Energy Saver Free Summer Contest" CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE ENTRANT'S CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.

ELIGIBILITY AND CUB ENERGY SAVER FREE SUMMER CONTEST PURPOSE: CUB Energy Saver Free Summer Contest ("Contest") is operated and hosted by CUB ("Operator") on the CUB Energy Saver Web Site, www.cubenergysaver.com ("CUB Web Site"). The contest is open to registered members of CUB and who are 18 years of age or older at the time of entry (“Entrants”). The Contest is subject to the CUB Web Site Terms & Conditions, located at www.cubenergysaver.com/terms. The goal of the Contest is to expand CUB Energy Saver membership by having eligible consumers visit the CUB Web Site and register as a CUB member.

Employees, contractors, directors and officers of CUB, its partners and sponsors, and their affiliated companies, distributors, web design, advertising, and promotion agencies involved in the administration, development, and execution of this Contest (collectively, "Contest Parties"), and the immediate family members of each (spouse, parent, child, sibling, grandparent, and spouse or "step" of each) and those living in the same households of each (those persons whether related or not who live in the same residence for at least three months during the twelve-month period preceding the start date of the Contest) and current CUB Energy Saver members are not eligible to participate in this Contest. Void where prohibited.

Entrants will sign up and link their utility bill at the CUB Web Site. The Contest will run for a period of nineteen (19) days commencing on June 13, 2011 and terminating on June 30, 2011 (“Contest Period”). At the end of the Contest Period, the Operator will announce the winning Entrants, the number of which will be determined by the ratio of 1 winner per every 20 successful entries. The Winners will receive the following prize: Winners’ electricity bills will be paid for the months of June, July and August of 2011 up to a maximum amount of $500 in total. All such decisions made by the Operator are final.

ENTRY REQUIREMENTS. No purchase is necessary to enter the Contest. By entering the Contest, you hereby warrant and represent that your activity on the CUB Web Site conforms to the requirements set forth herein.

  • You must not post material which is (or promoting activities which are) harmful, threatening, abusive, disparaging, harassing, vulgar, obscene, hateful, pornographic, or libelous or which has other inappropriate content, or is otherwise objectionable as determined by Operator in its sole discretion;
  • You shall not defame, misrepresent or make disparaging remarks about any persons, products or companies;
  • You shall not use the CUB Web Site in violation of any law.

GRANT OF RIGHTS: All winning Entrants agree: (i) that Contest Parties have the right to use the your name and likeness in any and all media in and in connection with promotion, publicity, marketing and advertising for Contest Parties, and this Contest or other promotions by Contest Parties as Contest Parties' sees fit without any further notification or compensation (ii) that Contest Parties shall have no obligation (express or implied) to use your name and likeness in any manner and you shall not be entitled to any damages or other relief by reason of Contest Parties use or non-use of your name, likeness and related information; (iii) to be bound by these official rules; (iv) that you may be contacted by Contest Parties by email regarding this Contest; (v) to indemnify and hold Contest Parties harmless from any and all claims, demands, causes of action and judgments (including attorney's fees, court costs and expert's fees) arising out of or relating to any breach by you of the terms and conditions of these rules, including the representations and warranties made herein. By entering this Contest, you agree to sign and deliver to Contest Parties such documents as Contest Parties may reasonably require to effectuate the rights granted herein.

SELECTION OF WINNERS: Contest Winners are selected by Operator in its sole and absolute discretion. Any attempt by an Entrant to use any fraudulent mechanism shall give Operator the right to disqualify Entrant in its sole and absolute discretion. Operator is not responsible for any delay or failure to deliver any prizes related to the Contest.

Entrants agree that the Operator has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Operator are final and binding.

GENERAL TERMS: Winners are solely responsible for the payment of any taxes on their respective prizes, if any. No cash equivalent or substitution of any prize is offered, except at the sole discretion of the Operator. Prizes are non-transferable, and non-refundable. Winners will be notified by phone and/or e-mail and each winner may be required to complete, sign and return an Affidavit of Eligibility and Liability/Publicity Release as a condition of being declared the winner. If a prize, or any portion thereof, cannot be awarded for any reason, such prize will be forfeited. By participating in the Contest, entrants thereby release Operator and Contest Parties from any and all claims, damages or liabilities arising from or relating to such entrant's participation in the Contest, and agree to resolve any dispute individually, without resort to any class action. By accepting a prize in the Contest, each winner agrees that the Operator and Contest Parties shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. Each Referral Winner grants permission to Operator and those acting under its authority to use his/her name, photograph, voice and/or likeness, for advertising and/or publicity purposes and associated actions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation. If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Operator reserves the right, in its sole discretion, to cancel, modify or terminate the Contest. This Contest is governed by the laws of the state of New York, U.S.A. By entering, Entrants consent to the jurisdiction and venue of the federal, state and local courts located in New York, New York, U.S.A. for the resolution of any disputes.

LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by Operator or Contest Parties resulting from entrants' participation in or attempt to participate in the Contest or downloading any information in connection with participating in the Contest. No responsibility or liability is assumed by the Operator or Contest Parties for technical problems or technical malfunction which may affect the operation of the Contest, including but not limited to any of the following occurrences: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent to or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web, in whole or in part for any reason; traffic congestions on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Contest. Operator is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of the Website is at user's own risk. Operator and the Contest Parties are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Website. Operator is not responsible for any attempt by an entrant or other individual to deliberately damage or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, which may be a violation of criminal and civil laws. Should such an attempt be made, Operator reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Operator's failure to enforce any term of these Contest Rules shall not constitute a waiver of that provision. Persons engaging in any of the foregoing activities may be disqualified in Operator's sole discretion.

OPERATOR

Citizens Utility Board 208 South LaSalle Street, Suite 1760, Chicago, Illinois 60604 
(312) 263-4282 
Fax (312) 263-4329 
(800) 669-5556