Legal

Terms of Use

Last Modified: September 2004

By accessing this site and related services (“Site”), or using any content or information from the Site (“Content”), you (“User”) expressly agree to the following terms and conditions (“Terms”).  User also indicates acknowledgment and acceptance of these Terms.  

1.  RISK ASSUMPTION

User assumes total responsibility and risk of use of the Site and Content.

2. LAWS AND REGULATIONS

Access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.

3. COPYRIGHT INFORMATION

All pages within the Site are the property of DTE Energy Company ("Company"), unless other ownership is indicated. All Content including any software programs available on or through the Site is protected by copyright laws. A User is permitted to download information from the Site which, by its nature or context, is to be copied in order to use the Site.  A User is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any commercial or public purpose unless the User has the prior written permission of Company.

The Site includes the use of many product trademarks and logos registered to others. It also includes graphics, photos and text descriptions from web sites and printed materials owned by others. Company does not claim any ownership rights to materials owned by others. Company DOES claim ownership and copyright protection on the format of Energy TechPro as a whole, and the written text and formatting of content uniquely Energy TechPro. (See the footer of each page for source credit.)

Permission to reuse Content owned by Company can be obtained by contacting the Company Respresentative at the address / email listed below in these Terms.  

4. TRADE NAMES AND TRADEMARKS

Energy TechPro®  and DTE Energy TechPro® are trade names and/or service marks or trademarks of Company.  All other trademarks, service marks and logos used in a SITE are the trademarks, service marks or logos of their respective owners who are clearly identified at their point of use.

User(s) of the Site are prohibited from using Energy TechPro or DTE Energy TechPro trade name, trademark, or service mark for any purpose without the written permission of Company. This includes but is not limited to use as metatags on other pages or sites on the World Wide Web.

5. INTEREST IN HAVING INFORMATION / LINKS ADDED TO THIS SITE

If you are a vendor that offers a product or service that you would like to be considered for  inclusion in this Site or linked to this Site, please e-mail your request to:

Company Representative: Bob Fegan at feganb@dteenergy.com or call 616-776-2919

Mailing Address is:

DTE Energy Company, 444 Wealthy Street SW, Grand Rapids, MI 49503-4023, Attention: Bob Fegan

6.  SITE ACCURACY

Although Company attempts to ensure the integrity and accuracy of the Site and Content, the Site and / or Content may include inaccuracies or typographical errors. Other than as required under applicable law or regulation, Company specifically disclaim any liability for any inaccuracies or errors on the Site, Content or a linked site.

Other than as required under applicable law or regulation, Company does not endorse and are not responsible for (a) the accuracy or reliability of any opinion, advice or statement made by any party through the Site or a linked site, or (b) the capabilities or reliability of any product or service obtained from a linked site.

The vendors and products contained in this Site or linked sites are not necessarily endorsed by Company. Likewise, vendors and products NOT included have not necessarily been refused by Company.

The vendors and products contained within this Site have been selected using the following general criteria:

• they are readily and commercially available in most of the US and Canada through a normal sales and distribution channel

• they are generally recognized as leading products and/or vendors in their field

• they have a web site that is helpful in explaining and providing more information on the Content of the Site

• the product and/or service provides helpful information to Users

• in the case of new or unique technologies, they may be the only options available; new and/or emerging technologies will be identified as such

• they have NOT placed known restrictions on the use and redistribution of information about their company and products in applications such this Site  and/or have given specific approval for their use within this Site

Other than as required under applicable law or regulation, it is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site. A User agrees to seek the advice of a professional, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.

7. WARRANTIES and DISCLAIMERS

All products and services on the Site or referenced on the Site, or obtained from a site to which the Site is linked are provided "as is" without warranty of any kind either express, implied or statutory, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Company does not guarantee the accuracy of information posted by third parties and does not warrant expressly or impliedly any information posted by third parties.

8. LIMITATION OF LIABILITY

Other than as required under applicable law or regulation, Company and its affiliates and any of their respective officers, directors, employees, or agents are not liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with or relating in any way to the Site, Content, or Site related services the use of the Site or a linked site, or with the delay or inability to use the Site or a linked site, even if Company its affiliates are made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect a User's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., a User cannot access his/her internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure event. Company and its affiliates cannot and do not guarantee continuous, uninterrupted or secure access to the Site or Content.

Other than as required under applicable law or regulation, under no circumstance will Company or its affiliates be liable for any loss or damage caused by a user's reliance on information obtained through the Site or a linked site, or User's reliance on any product or service obtained from a linked site.

9. LIMITATION OF REMEDY

Unless specifically provided by law or otherwise stated specifically in the Site, a User's sole remedy for problems with the Site and/or site-related services is to notify Company of any problems with the Site. Company’s  sole obligation will be to attempt to correct any problems with the Site.

10. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITE WITH ENTITIES OTHER THAN DTE ENERGY, INC. COMPANY OR ITS AFFILIATES

For products or services obtained from third parties other than Company or an affiliate, User agrees that Company or its affiliate is a mere facilitator for the provider of products or services available through the Site. Any and all claims regarding any failure or breach with respect to a product or service offered through the Site are limited to claims against the product or service provider. Company and its affiliates hereby disclaim any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the goods or services provided by a third party through the Site, including, without limitation, liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such third party supplier.

11. LINKED INTERNET SITES

Company reserves the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the User's own risk.

User acknowledges that linked sites may contain rules and regulations, privacy policy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site.  Company is not responsible for such provisions, and expressly disclaim any and all liability related to such third party sites or site use.

12. CONFIDENTIALITY OF USER COMMUNICATIONS

Except as required by law and except as may be in accordance with the Company. Privacy Policy Statement, Company will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to Company.

A linked site may contain confidentiality or privacy policy provisions that differ from the provisions provided by DTE Energy, Inc. DTE Energy, Inc. are not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.

13. POSTINGS

There currently is no provision for users to post content directly within this site. All suggestions for content additions, changes, deletions, etc., must be directed to the attention of the Company Representative.

14. TRANSMISSION OF PERSONAL DATA

User acknowledges and agrees that by providing Company with any personal or proprietary user information through the Site or via e-mail, the User consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Company's standard business practices.

User should be aware that linked sites might contain transmission of personal data provisions that differ from the provisions provided herein. Company is not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.

Customers of Company or its affiliates may receive solicitations derived from customer lists obtained from non-Site-related sources. Such solicitations do not result from Site contacts.

15. USERS BOUND BY SITE CONTENT OR CHANGES TO SITE CONTENT

Company may make changes or improvements to the Site or Content at any time. Changes may be made to a linked site at any time. Users of the Site or a linked site are deemed to be apprised of, and bound by, the Content or terms and conditions appearing on the Site or a linked site as of the date of use of the Site or linked site.

16. USERS BOUND BY SITE TERMS OF USE OR CHANGES TO SITE TERMS OF USE

Company reserves the right to revise these Terms of Use at any time. Third parties may change the terms of use of linked sites at any time. User of the Site or a linked site are deemed to be apprised of, and bound by, any version of the Terms of Use of the Site or a linked site referenced on the Site or Linked Site as of the date of use of the Site or linked site.

17. VIOLATIONS OF TERMS OF USE OR SITE CONTENT

Company reserves the right to seek all remedies available at law or in equity for violations of these Terms or Site or Content, including the right to block access from a particular Internet address to the Site.

18. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Site is restricted to authorized User(s) only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

19. USE OF "COOKIE" FILE FEATURES

Company reserves the right to store information on a User's computer in the form of a "cookie" or similar file for purposes of modifying the Site to reflect Users' preferences.

20. JURISDICTION/GOVERNING LAW

User of this Site agrees to submit to the laws of the State of Michigan, USA and applicable federal law without regard to conflicts of laws principles.