For paid content, Cosmo Logic LLC offers one time payment options and monthly recurring fees. Payment terms are as follows:

• Monthly fees automatically renew on the same date of each corresponding month (example if purchased on March 22nd, renewal date is April 22nd). 
• No payment processing notification will be sent for recurring monthly subscription fees. Receipts for all payments will be available at the user account
• Subscription fees are non-refundable
• Subscriptions may start with a trial week. The trial period is 1 week, or as otherwise specified during sign-up. Energy-models.com reserves the right, in its absolute discretion, to determine your trial refund eligibility.
• Subscriptions apply to a single user. Account sharing is strictly prohibited and will result in termination of the account.
• Billing of your Payment Method for monthly membership fees begins automatically at the end of the free trial period. Your subscription will automatically renew monthly unless you cancel prior to the end of the free trial period. 
• To cancel a recurring subscription, simply go to energy-models.com/user, and select the recurring fees tab. Then select "Cancel" for the corresponding fee. Users will keep access to the training material for the remainder of the term paid.
• Discounts, rebates or other special offers only guaranteed for initial term; monthly subscriptions renew at the full subscription rates
• Transactions disputed through cardholder services shall incur a fee of no less than $200 per transaction or the disputed order amount plus fees (whichever is greater).
• Cosmo Logic reserves the right to permanently suspend any user account when the user has a disputed a transaction. This includes termination of any "Lifetime" licenses.
• If renewal is on final date of month with no corresponding date, the renewal will be on the final date of the next month (January 31, 2008 subscription renews on February 29, 2008)

 Cosmo Logic LLC (“Cosmo Logic,” “we” or “us”) provides a service that allows users to view training videos, purchase files, post jobs, apply for jobs, and discuss energy-modeling issues on the use of certain hardware and software via the Web (the “Service”) through our website accessible at energy-models.com (the “Site”). Please read the following terms and conditions (“Terms of Use”) carefully.  These Terms of Use govern your access to and use of the Site, including all Content, information, products and services therein.  This is a legal agreement between you and Cosmo Logic.  YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, OR BY USING THE SITE, SERVICE (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY.  IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE OR THE SERVICE.

Refunds, and payments for paid content - please read our Payment and Refund Policy.

1) Modification of the Site, Service and Terms of Use. Cosmo Logic reserves the right, in its sole discretion, to modify, discontinue or terminate the Site and Service, or modify these Terms of Use without advance notice.  If we modify these Terms of Use, we will give you notice of the new terms. Your use of the Site or the Service after we have provided such notice will represent your acceptance of the new terms. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Service, and if applicable, cancel your Cosmo Logic account. 

2) Content. Certain types of Content are made available through the Site. “Content” as used in these Terms of Use means, collectively, the text, data, graphics, images, photos, audio and video files made available through the Site, including Third-Party Contributions.  “Third-Party Contributions” as used in these Terms of Use means, collectively, thetext, data, graphics, images, photos, audio and video files and other Content and information which Registered Users (defined below) stream, post, upload or otherwise submit to the Site, including without limitation in Registered-User-created profile pages. Third-Party Submissions provided by you or posted under your direction are “Your Contributions.” Cosmo Logic reserves the right to remove and permanently delete any Content, including Third-Party Contributions, from the Site without notice.  We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any Third-Party Contributions, emails or other materials that are believed to violate these Terms of Use.

3) Accounts and Passwords. In order to access certain features of the Site and the Service, and to post Content, you must register and create an energy-models.com account.  You may create an energy-models.com account at the home screen.  Once you have created an account, you will be a “Registered User.”  In creating an account, you agree to provide accurate, current, and complete information. You are responsible for safeguarding the password that you use to access the Site and the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Cosmo Logic of any unauthorized use of your password. You are responsible for keeping your account information current and accurate; Cosmo Logic will have no liability for failure to deliver notices that result from inaccurate account information or otherwise. If you become a Registered User you consent to the use of:  (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to these Terms of Use; and (b) electronic records to store information related to these Terms of Use or your use of the Site and Service.

4) License Administration and Purchases

 Cosmo Logic’s Limited License to You. Subject to your compliance with the terms and conditions of these Terms of Use, Cosmo Logic grants you a non-transferable, non-sublicensable right to access, view, or stream and, if permitted, download, Content only for your personal, non-commercial use.  You may not further distribute any Content (other than Your Contributions) to third parties or post any Content (other than Your Contributions) to other websites or make any other uses, except as may be permitted by the terms of a Creative Commons license or GNU Free Documentation license that the owner or authorized agent of the User Content may have attached to the User Content when posting it on the Site (for more information about Creative Commons licenses, go to http://creativecommons.org/, for more information on GNU Free documentation license go to http://www.gnu.org/licenses/fdl.html).  You agree not to use any Content commercially (except as may be permitted by a Creative Commons/GNU-FDL license attached to a particular piece of User Content) and not to copy, modify, distribute, publicly display, or perform any Content (except as may be permitted by a Creative Commons license attached to such Content). 

Single user licenses apply to the person named on the account OR, if purchase was made by a 3rd party, the a single user license applies to the intended recipient at the time of the purchase. Account sharing is strictly forbidden. Single user licenses are required to achieve continuing education credits. Continuing education is available to 1 person per single user license unless otherwise specified in writing.

"Lifetime" licenses apply to individuals only and are not transferrable. Cosmo may offer to transfer a license in some circumstances based solely on Cosmo's discretion. Lifetime license grants access to the material advertised at the time of the license and does not include updates. Lifetime is defined as no more than 10 years. 

Group licenses or group connections apply to a single office location. An Office is defined as a single geographical location. An employee of the office is a person whose primary place of employment is at the Office. 

5) Your contributions to site content, and 3rd party content (i.e - the forum, comments, and blogs)

 In accordance with section 7 of the GNU FDL, aggregates have been formed. The following items have been imported from a third party and are subject to the GNU Free Documentation license only:

The following tags identify the items subject to the GNU FDL:

Forum Topics and forum replies with any one or more of the following Forum tags: "equest users", "bldg sim users", "trace users", "hap users"

No license or right is granted, by implication or otherwise, to you, under any intellectual property rights or other proprietary rights now or hereafter owned or controlled by Cosmo Logic or its licensors, except for licenses and rights expressly granted in this Terms of Use, and Cosmo Logic reserves all other rights.  If you want to make commercial use of the Site, Service or any Content, you must enter into a written agreement with Cosmo Logic to do so, in advance of any such use.

6) Your License to Cosmo Logic.

Cosmo Logic does not claim any ownership rights in any of Your Contributions that you may choose to post to or make available through the Site.  After posting or making Your Contributions available through the Site, you continue to retain all ownership or license rights in Your Contributions and you continue to have the right to use Your Contributions as you choose. However, by posting or making available Your Contributions through the Site, you hereby grant to Cosmo Logic a nonexclusive, royalty-free, transferable, sublicensable, worldwide license to use, copy, modify, distribute, publicly display, and publicly perform (whether by means of a digital audio transmission or otherwise) and process Your Contributions or any part of it solely on and through the Site, including but not limited to adapting the format of Your Contributions (for example by encoding or transcoding) for suitable display on the Site.  Your Contributionswill be considered non-confidential and non-proprietary, and Cosmo Logic will be under no obligation of any kind with respect to Your Contributions.  At our sole election, Cosmo Logic may provide authorship attribution by listing your name.

6) Termination; Cancellation We may immediately terminate or suspend your access to the Site and Service and remove any Content (including Your Contributions) from the Site or our servers, in the event that you breach these Terms of Use.  Notwithstanding the foregoing, we also reserve the right to terminate the Site, Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Service.  Upon termination, all licenses and other rights granted to you by these Terms of Use will immediately cease. Cosmo Logic is not liable to you or any third party for termination of the Service or termination of your use of the Service.  UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING YOUR CONTRIBUTIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Cosmo Logic will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

If you have created your account, you may terminate your Energy-models.com account at any time and for any reason by sending an email to admin@energy-models.com. Upon any termination by a Registered User, the related account will no longer be accessible. Any cancellation request not subject to the GNU FDL will be handled within 10 days of receipt of such a request by Cosmo Logic. Any suspension, termination or cancellation will not affect your obligations to Cosmo Logic under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation, including without limitation Sections 6(b), 11, 12, 13, and 15.

By submitting Your Contributions to Cosmo Logic, you represent and warrant to Cosmo Logic the following with respect to each submitted file: (a) that you either own all necessary intellectual property rights in the Content or have secured all necessary licenses or other rights to grant the rights in Section 5above; (b) that you have the consent, release, and/or permission of each identifiable individual person in the Content to use the name or likeness of each such identifiable individual person to enable inclusion and use of the Content on the Site; and (c) that no portion of the Content infringes another’s copyright, trademark, patent, trade secret or other intellectual property right, moral right, right of publicity, or privacy, and that no portion of the Content is pornographic (including but not limited to containing any child pornography or any lascivious exhibition of the genitals or pubic area of any person), deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech.

Restrictions. Notwithstanding the license grant in Section 4, you will not:

1. Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit, distribute, and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including but not limited to copyright, trademark, patent, trade secret, or other intellectual property right, moral right or right of publicity);
2. Use, display, mirror, frame, or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including but not limited to search results, the Cosmo Logic name, any Cosmo Logic trademark, logo, or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Cosmo Logic’s express written consent;
3. Share material with any third party outside of the original account holder, screen capture or copy and paste any of the licensed materials or transcripts. Including but not limited to sharing account password with other users, download or attempts at downloading course content (aside from material labeled a download).
4. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except Your Contributions;
5. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, the Service, or the Content;
6. Upload any viruses, worms, Trojan horses, or other forms of harmful computer code, subject Cosmo Logic’s network or servers to unreasonable traffic loads, or otherwise engage in conduct that is disruptive to the ordinary operation of the Site and the Service; 
7. Attempt to probe, scan, or test the vulnerability of any Cosmo Logic system or network or breach any security or authentication measures;
8. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content;
9. Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure protecting the Site or any Content posted on or available through the Site;
10. Use any URL, meta tags, or other hidden text or metadata utilizing a Cosmo Logic name, trademark, URL, or product name without Cosmo Logic’s express written consent;
11. Communicate on or through the Site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, or otherwise objectionable material of any sort;
12. Compile or use other users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Site for any purpose; or
13. Violate any applicable local, state, national, or international law;
14. Harm or threaten to harm Cosmo Logic users in any way;
15. Use the Site for the benefit of any third party or in any manner not permitted by this Terms of Use.

You acknowledge that Cosmo Logic has no obligation to monitor your access to or use of the Site or Content, but has the right to do so for the purpose of operating the Site and the Service, to ensure your compliance with this Terms of Use or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.  Cosmo Logic reserves the right at all times to terminate your account, and delete any and all Content, in whole or in part, for any reason including but not limited to violations of this Section, or of any part of this Terms of Use or of Cosmo Logic’s copyright policy.  Cosmo Logic reserves the right at all times to disclose, in its sole discretion, any Content as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what Cosmo Logic considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.

Notices of Alleged Infringing Activity. Cosmo Logic does not permit copyright infringing activities and infringement of intellectual property rights on the Site or the Service, and Cosmo Logic will remove any allegedly infringing Content if properly notified that such Content infringes on another's intellectual property rights. Cosmo Logic reserves the right to remove Content without prior notice. Cosmo Logic will also terminate a user's access to the Site, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a Third-Party Contribution removed from the Site more than twice. Cosmo Logic also reserves the right to decide whether Content (including Third-Party Contributions) is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Cosmo Logic may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

Digital Millennium Copyright Act 

Cosmo Logic respects copyright law and expects its users to do the same.  In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at https://www.copyright.gov/legislation/dmca.pdf, Cosmo Logic will respond expeditiously to notices of alleged copyright infringement that are reported to Cosmo Logic’s Designated Copyright Agent, identified in the sample Notice below.

Notices of Alleged Infringement for Content Made Available on the Site.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following notice (“Notice”) and delivering it to the Designated Copyright Agent.

While Cosmo Logic considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing.  Accordingly, if you are uncertain whether material infringes your copyright, you may want to seek the advice of an attorney.

Subpoenas

Cosmo Logic may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act.  You hereby authorize Cosmo Logic to release information about you if required by law or subpoena without notice to you.

1. User Discussion Forums. Cosmo Logic may, but is not obligated to, monitor or review any areas on Cosmo Logic's website where users transmit or post communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such communications.
2. Your Indemnification Obligation. You will defend, indemnify and hold harmless Cosmo Logic, its employees, directors, officers, affiliated companies, and agents from and against any and all claims, damages, costs and expenses, including without limitation reasonable attorneys' fees, arising from or related to (a) your use or misuse of the Site or Service; (b) your violation of these Terms of Use; and (c) any third-party claim in which it is alleged that any of Your Contributions or the use thereof infringes or violates the intellectual property rights, privacy rights, publicity rights, or moral rights of another or is unlawful.
3. What Cosmo Logic Is NOT Responsible For. THE SITE, SERVICE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  COSMO LOGIC MAKES NO WARRANTIES TO YOU, EXPRESS OR IMPLIED, AND DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. COSMO LOGIC MAKES NO REPRESENTATIONS OR WARRANTY THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COSMO LOGIC MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
4. Limitation of Cosmo Logic’s Liability. YOU ACKNOWLEDGE THAT COSMO LOGIC SHALL NOT BE LIABLE FOR THIRD-PARTY CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND THE SERVICE AVAILABLE THROUGH THE SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.  To the full extent permitted by law, and subject to the limitation of the next two sentences, Cosmo Logic’s liability to you for any damages, including but not limited to damages that result from Cosmo Logic’s or any third party’s use of any Third-Party Contributions or from any authorized or unauthorized use of the Site will be limited to amounts paid by you to Cosmo Logic hereunder (if greater than zero).  IN NO EVENT SHALL COSMO LOGIC BE LIABLE TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, OR STRICT LIABILITY OR OTHER THEORY) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY SERVICES AVAILABLE THROUGH THE SITE, EVEN IF COSMO LOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  COSMO LOGIC’S CUMULATIVE LIABILITY TO YOU UNDER THESE TERMS WILL BE LIMITED TO $200.00 (USD) REGARDLESS WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.  You acknowledge that Cosmo Logic has set its prices and entered into this Terms of Use in reliance upon the limitations of liability specified herein, which allocate the risk between the parties and form a basis of the bargain between the parties.  Some jurisdictions do not allow the limitation of liability so the foregoing limitation may not apply to you.
5. Links to Other Materials. The Site may contain links to third-party websites or resources.  You acknowledge and agree that Cosmo Logic is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.  Links to such websites or resources do not imply any endorsement by Cosmo Logic of such websites or resources or the content, products, or services available from such websites or resources.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6. General. Cosmo Logic is based in the United States. If you access the Site or the Servcie  from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Cosmo Logic may assign its rights and delegate its duties under this Terms of Use in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Use.  Nothing in this Terms of Use shall constitute a partnership or joint venture between you and Cosmo Logic. These Terms of Use are governed in all respects by the laws of the State of Wisconsin without regard to or application of choice-of-law rules or principles.  The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.  Any action or proceeding arising out of or related to this Terms of Use or your use of this site must be brought in the state or federal courts of the State of Wisconsin, and you consent to the exclusive personal jurisdiction and venue of such courts. If for any reason a court of competent jurisdiction finds any provision of this Terms of Use invalid or unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible and the other provisions of this Terms of Use will remain in full force and effect.Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of Cosmo Logic to act with respect to a breach of this Terms of Use by you or others does not constitute a waiver and shall not limit Cosmo Logic's rights with respect to such breach or any subsequent breaches.  These Terms set forth the entire understanding and agreement of the parties regarding your use of the Site and the Service, and supersedes any and all oral or written agreements or understandings between the parties, as to such subject matter.

If you have any questions or concerns about this Terms of Use, please contact Cosmo Logic at: info@energy-models.com.
Cosmo Logic Terms of Use (Last Modified: December 28, 2011)

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