Terms & Conditions of Use

Thank you for visiting the Links' online portal ("Portal"). By accessing and using the Portal, you and your employer shall be deemed to have accepted to be legally bound by its Terms and Conditions. If you or your employer do not agree to these Terms and Conditions, you are directed not to utilize the Portal in any manner. Your continued right to access and use the Portal is contingent upon compliance with these Terms and Conditions and Links reserves the express right to refuse access for violation of any of the terms contained herein.

By accessing and using the Portal, you as a Portal user, acknowledge and agree that: (i) the data being accessed and all other information made available through the Portal and its connected electronic services ("Data") contains proprietary information collected, compiled and owned by Links, and (ii) you shall hold the Data, and information contained in the Data, strictly confidential. You expressly agree that you will not, nor allow others to, copy, reproduce, distribute, display in public, transfer, communicate or otherwise disclose in any form, in whole or in part, the Data or any information included in the Data to any party outside of your employer ("Third Party").

Your ability to access the Portal is not and shall not be construed as a grant of a license to the Portal or the information contained therein. The rights of access granted to you by Links, or Links' licensee, is individual, personal and cannot be shared, transferred, or assigned. You and your employer shall be liable to for any unauthorized use of the Portal or the Data or disclosure by you or your employer, its affiliates, its representatives, or any Third Party who receives the Data, directly or indirectly, from you or your employer, its affiliates or representatives. Links retains the right to include unique identification seeds in the Data to assist in identifying any instances and origins of copying, reproduction, distribution, display, transfer, communication or other improper disclosure.

The Data are collected, compiled, published and otherwise made available by Links with the intent of providing Portal users with relevant, although not necessarily fully definitive, information as to customers' energy spend. You acknowledge that Links does not maintain or represent that the information and opinions presented in the Data necessarily reflect the opinions or perspectives of all customers and/or the complete market for the products and/or services covered by the Data because data and information of this type are inherently impacted by certain factors including, but not limited to, sampling error, timing of collections, respondents' own product/service weightings, geographic distribution of customer bases, ongoing competitive and market dynamics, etc. Inclusion in or exclusion from the Data should not be construed as reflecting a company's market share or prominence in any category of product or service. Data contained in the Portal is provided "as-is" and without warranty of any kind, express or implied.

Whenever you provide information related to the Portal or your access to the Portal, you agree to: (a) provide true, accurate, current and complete information; and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, Links may, without notice, suspend or terminate your access to the Portal and refuse any and all current or future use of the Portal (or any portion thereof).

The Portal requires a password for accessing the Data. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account identification. No person other than you may use your account at any time. You agree to immediately notify Links of any unauthorized use of your password or account, or any other breach of security related to the Portal, your password or account. Without limiting any rights which may otherwise have, reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Portal and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize use under your account. The security of your personally identifying information is important to Links. Links will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Portal is invulnerable to all security breaches, and that makes no warranty, guarantee, or representation that use of any of the Portal is protected from viruses, security threats or other vulnerabilities.

Links may change or modify these Terms and Conditions from time-to-time without notice other than posting the amended Terms and Conditions on the Portal. The amended Terms and Conditions will automatically be effective when posted on the Portal. Your continued use of the Portal after any changes in these Terms shall constitute your consent to such changes. Links reserves the right to change, modify or discontinue, temporarily or permanently, the Portal (or any portion thereof), including any and all content contained on the Portal, at any time without notice. You agree that Links shall not be liable to you, or to any third party for any modification, suspension or discontinuance of the Portal (or any portion thereof).

ALL PORTAL DATA AND INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LINKS: (I) MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR COVENANTS AS TO THE ACCURACY, COMPLETENESS AND/OR RELEVANCE OF THE INFORMATION, DATA, OPINIONS, OR COMMENTS AND/OR ANY DIRECT OR INDIRECT RECOMMENDATIONS INCLUDED IN OR RELATIONSHIPS SUGGESTED BY THE DATA, AND (II) DISCLAIMS ANY AND ALL DAMAGES, COSTS, AND LIABILITIES WHATSOEVER TO THE RECIPIENT OR USER OR ITS REPRESENTATIVES (TANGIBLE OR INTANGIBLE, INCLUDING, BUT NOT LIMITED TO LOSS OF OPPORTUNITY, LOSS OF PROFIT, OR LOSS OF REVENUE) FOR ANY RELIANCE OR USE MADE BY THE RECIPIENT OR USER OR ITS REPRESENTATIVES ON SUCH DATA OR INFORMATION, OR ANY ERRORS THEREIN OR OMISSIONS THEREFROM. BECAUSE THIS DATA AND INFORMATION IS SUBJECT TO THE ABOVE-DESCRIBED LIMITATIONS, YOU AND YOUR EMPLOYER (AND ITS REPRESENTATIVES) SHOULD RELY SOLELY UPON YOUR INDEPENDENT JUDGMENTS, ANALYSIS, ASSUMPTIONS, ESTIMATES, STUDIES, COMPUTATIONS, EVALUATIONS, REPORTS, EXPERIENCE AND KNOWLEDGE WITH RESPECT TO ANY PARTICULAR BUSINESS-RELATED OR INVESTMENT-RELATED DECISION OR CONCLUSION AND THE EVALUATION OF ANY POTENTIAL TRANSACTION, INVESTMENT, UNDERTAKING, STRATEGY OR OTHER INITIATIVE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LINKS THROUGH OR FROM THE PORTAL SHALL CREATE ANY WARRANTY. YOU EXPRESSLY AGREE THAT USE OF THE LINKS DATA IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL LINKS, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, OR ITS SUPPLIERS OF DATA, SOFTWARE, OR OTHER SERVICES, BE LIABLE TO ANY PERSON FOR ANY DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF THE PORTAL, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, LINKS INFORMATION OR DATA CONTAINED ON THIS PORTAL.

You are advised that violating the security of the Portal is prohibited and may result in criminal and civil liability. Links may immediately terminate or suspend your account and access to all or any part of the Portal or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to: (a) breaches or violations of these Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you or your employer (self-initiated account deletions), (d) discontinuance or material modification to the Portal (or any part thereof) or misuse or unauthorized access to the Portal, (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account may include one or more of the following: (a) removal of access to all offerings and content within the Portal, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof), and (c) barring of further use of the Portal. You agree that all terminations and suspensions for cause shall be made in Links' sole discretion and that Links shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, or access to the Portal.

Some portions of the Portal may require you to download software ("Software") in order that you may access the Portal, the services provided through the Portal and/or the Data. The Software may be the property of Links or a supplier, vendor, or licensor to Links. The Data and Software are protected by a variety of laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in the Terms, you are granted a limited, non- sublicensable right to access the Portal, the Data and the Software for your and your employer's use only, except as otherwise permitted. Your right to access the Portal shall not be construed or implied as a license to the Portal or the Data, or the information or software which comprises either.

Trademarks (including but not limited to "Links" and Links' various logo's and graphics, or those which Links allows third parties to display or use) that are used or displayed on the Portal are owned by Links or by third parties other than Links that assist in providing the services on the Portal, or which have bargained for specific rights to use logos on the Portal. The trademarks of Links, and any third party, may not be copied or used, in whole, partial or modified form, without the prior written permission of Links or, if applicable, the third party owner of such trademarks. In addition, custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of Links.

The Terms and Conditions contained herein supplement, but do not amend the terms or conditions of any other written or online terms and conditions or agreements you or your employer may have or will have with Links, including any other terms of use, software license, service, or purchase agreements related to any portal, website, reports or electronic data. To the extent there is any conflict between the Terms and Conditions contained herein and any other terms and conditions or agreements relating to Links' Portal, Data, reports or other information you or your employer have purchased or received from Links, those other express terms and conditions or agreements will govern.