AGREEMENT BETWEEN USER AND ENERGY MANAGEMENT COMPANY

The Energy Management Company web site (the "Web site") is offered to you ("you," "your" or "user") conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Web site constitutes your agreement to all such terms, conditions and notices. Additionally, the Web site may contain additional terms that govern particular features or offers such as promotions, forums, chat services or other features. Except as expressly provided in such promotional terms, these terms of use shall be binding between you and The Energy Management Company.

MODIFICATION OF THESE TERMS OF USE

Energy Management Company reserves the right to change the Web site as well as the terms, conditions and notices under which the Web site is offered, including but not limited to any charges associated with the use of the Web site You are responsible for regularly reviewing these terms and conditions. Your use of the Web site shall be conclusively deemed an acceptance of these terms.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise agreed in writing by Energy Management Company, the Web site is for your personal and non-commercial use. Energy Management Company grants you a limited, revocable and nonexclusive license to access and make personal use of the Web site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer exploit for any commercial purpose, or sell any content, information, software, products or services obtained from the Web site without express written consent from Energy Management Company. You may not create a hyperlink to the Web site on any other Web site or location on any computer network without express written consent from Energy Management Company.

TRADEMARKS AND COPYRIGHTS

All content on Web site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, together with the compilation of all content on the site, is the exclusive property of Energy Management Company or its content suppliers and protected by United States and international copyright laws. Unauthorized duplication is a violation of these laws, and may subject you to civil and criminal penalties.

Energy Management Company and other marks indicated on the Web site are registered trademarks of Energy Management Company or its affiliates in the United States and other countries. Energy Management Company graphics, logos, page headers, button icons, scripts and service names are trademarks and trade dress of Energy Management Company or its affiliates. Energy Management Company's trademarks and trade dress may not be used in connection with any other party's product or service, in any manner that is likely to cause confusion among consumers, or in any manner that disparages, dilutes or is harmful to Energy Management Company. All other marks not owned by Energy Management Company or its affiliates are the property of their respective owners.

You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of Energy Management Company or its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Energy Management Company's name or trademarks without Energy Management Company's express written consent.

LINKS TO THIRD PARTY SITES

Energy Management Company has provided links to Internet sites maintained by third parties, over which Energy Management Company has no control. Energy Management Company does not endorse the content, operators, products or services of such sites, and Energy Management Company is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Energy Management Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with, use of or reliance on any such content, products or services available on or through such sites.

INFORMATION DISCLOSURE

Energy Management Company reserves the right, at all times, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Energy Management Company's sole discretion.

APPLICABLE LAW

By visiting the Web site, you agree that the laws of the State of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute arising between you and Energy Management Company.

DISPUTE RESOLUTION

Any dispute relating in any way to the Web site shall be submitted to confidential arbitration in Norfolk, Virginia, except that to the extent, you have in any manner violated or threatened to violate Energy Management Company's intellectual property rights, Energy Management Company may seek injunctive relief or other appropriate relief in any state or federal court in the state of Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to the agreement, whether through class arbitration proceedings or otherwise.

SEVERABILITY

If any of the terms or conditions in these Terms of Use shall be deemed invalid, void or for any reason unenforceable, then that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.