SMECO Benchmarking Tool

The Benchmarking Tool allows building owners and property managers to obtain energy consumption data from SMECO in a format that is compatible with the EPA ENERGY STAR Portfolio Manager tool. This is required for BEPS benchmarking reporting by the State of Maryland.

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Terms of Use | Privacy Policy

Terms of Use

OVERVIEW AND IMPORTANT NOTICE

This Terms of Use Agreement ("Terms of Use" or "Agreement") is a legally binding contract between you (“You” either as individual or a legal entity, and whom may be referred to as “Your”) and by ICF International, Inc. and its affiliates, subsidiaries, trusted business partners or alliances, agents, subcontractors, licensors, or third-party vendors (collectively, "ICF" or which may be referred to as “we”, “us”, and “our”). This Agreement governs your access to and use of the webpages, intranet pages, applications, software, features, widgets, online services, tools, electronic mail, and related audio, video, html code, buttons, text, links, or other content (collectively, the “Site(s)") owned, operated, or controlled by ICF.

YOUR ACCESS OR USE OF THIS SITE CONSTITUTES THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND WILL COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, WITHOUT LIMITATION OR QUALIFICATION. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.

We, with or without prior notice and liability, reserve the right, at any time and at our sole discretion, to:

change the terms and conditions of this Agreement;
modify, edit, translate, suspend, restrict access to, or terminate this Site, including eliminating or discontinuing any information, programs, services, or other feature on the Site;
may change, suspend, discontinue, or restrict any aspect of the Sites;
right to block access from a particular Internet address;
deny your use of and/or access to the Sites;
terminate the browsing of, registration with, and use of the Site by you at any time without liability or prior notice for any reason, including for any breach of this Agreement; or
modify, edit, translate, suspend, restrict access to, or terminate these terms and conditions.

Any change(s) we make to the Sites will be effective immediately upon our making such change(s) available on the Sites or otherwise providing notice thereof. You agree that your entering, re-entering, or continued use of the Sites thereafter constitutes your acceptance of such change(s). For your convenience, we will include the last revision date at the bottom of this page. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Eligibility

By downloading, accessing, or using the Sites, any related Content (as defined below), or submitting material (as defined below) of any kind, you represent and warrant that: i) all registration and other information you submit, if any, is truthful and accurate; ii) you will maintain the accuracy of any information you provide; iii) you are at least 18; iv) you are not using another authorized user’s account without his/her permission; and v) your use of the Sites does not violate any applicable law or regulation.

Children

Our Sites are not directed toward children under 13 years of age nor does ICF knowingly collect information from children under 13. If you are under 13, please do not submit any Personal Information to us.

Privacy

Please also review our Privacy Statement, which discloses our information treatment practices.

Confidential Information

ICF does not want to receive confidential or proprietary information from you through the Sites. Please note that any information or material sent to ICF through the Sites will be deemed NOT to be confidential and we will not be required to treat any material your submit as confidential.

Unless otherwise expressly stated, by sending ICF any information or material through the Sites, you grant ICF a royalty-free, worldwide perpetual, irrevocable, non-exclusive, assignable, and fully sublicensable right (including any moral rights) to license, use, reproduce, modify, adapt, edit, copy, display, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) and/or to incorporate it into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such material. Except as expressly stated otherwise, you agree that ICF is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. You permit any other users of the Sites to access, view, store, or reproduce your material for that user’s personal, non-commercial use. Moreover, and except as provided in this Agreement with respect to our right and ability to delete or remove your submitted material, we do not endorse, oppose, or edit any opinion provided by you or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any material displayed, uploaded, linked-to or distributed by you or any other user. We may delete any material for any reason, including content that, in our sole judgment, is offensive, illegal or violate the rights, harm, or threaten the safety of any person.

We will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; (b) we first notify you that the materials or other information you submit to a particular part of the Sites will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Personally identifiable information that you submit to ICF for the purpose of receiving services or engaging in our programs will be handled in accordance with our Privacy Statement.

Ownership and Rights

Content Ownership and Rights.

Our Sites may contain comment areas, text, documents graphics, photographs, videos, illustrations, other images, maps, trademarks, trade names, service marks, logos, information obtained from our licensors, questionnaires, tools, other interactive features, and other materials or information (“Content”). All rights, title, and interest to the Content on the Sites remains with us or are provided with permission of the owner.

Copyright Ownership and Rights.

Our Sites, including, but not limited to, all text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, video, artwork, computer code (including HTML, CSS, XML, and JavaScript), interactive features, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any Content contained on or available through the Sites, unless otherwise indicated, are owned by ICF or its licensors either through copyright registration or common law. Any downloadable or printable programs, information, or materials available through the Sites and all trade secrets and know-how related thereto, unless otherwise indicated, are owned by ICF or its licensors.

Trademarks Ownership and Use of Marks Restrictions.

ICF or its licensor’s logos, taglines, slogans, and all other names relating to ICF programs or services are either registered or common law trademarks, trade dress, service marks, or the like of ICF or its licensors (“Marks”). You may not, absent ICF’s or its licensor’s prior written consent, use such Marks. All other trademarks displayed on this site or through links to other sites are the property of the respective trademark owner.

License Grant

ICF grants you a worldwide revocable, nontransferable, nonexclusive, nonsublicensable, nonassignable license to access, display, and use the Sites and the Content for personal, non-commercial purposes provided you comply with the terms and conditions of this this Agreement, and all copyright, trademark, and other proprietary notices remain intact. You may not sell or license the Content you access on or through the Sites). All other use of our Site is prohibited (i.e., no other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Content). All other rights, title, and interest to the Content are expressly reserved by ICF or its licensors.

License Reservations and Restrictions

Except for the limited license granted in this Agreement, ICF and its licensors retain all right, title and interest in the Sites, Content, and/or materials, including patent, trademark, copyright, trade secret, or other proprietary or intellectual property rights.

Limitations on Trademark, Copyright, Site, and Content Use. Except for your use as authorized above or without our prior written permission, you

may not modify, reproduce, or distribute the Content, design or layout of the Sites, or individual sections of the Content, design, or layout of the Sites, without ICF’s or its licensors’ express prior written consent.

may not license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from the Sites.

may not use, copy, distribute graphics, photographs or other visual elements obtained through the Sites separately from the accompanying text without our or the original owner’s prior express written consent.

may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Sites or any Content, information, data or materials provided through the Sites.

may not “mirror” any Content contained in this Site or any other server.

may only view and use a single copy of the Content obtained from this Site for your personal, non-commercial use.

may only use and access the Sites solely for your personal, non-commercial use.

may not or attempt to deface, shut down, or otherwise damage the Sites.

may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Sites or any contents, information, data or materials provided through the Sites in any manner not expressly permitted by this Agreement or the Sites.

may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Sites, or directly or indirectly permit any third party to use or copy the Sites.

must adhere to ICF’s linking policy as follows: (i) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with ICF’s names and trademarks; (ii) the appearance, position, and other attributes of the link may not create the false appearance that you or your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with ICF, (iii) when selected by a user, the link must display the Sites on full-screen and not within a "frame" on the linking website, and (iv) ICF reserves the right to revoke its consent to the link at any time and in its sole discretion. Use or misrepresentation of any of ICF and or its licensors’ logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted. You may not integrate or make use of all or part of the Sites in ways that would confuse or mislead visitors as to the nature and origin of this Site’s content.

may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Sites or in any way reproduce or circumvent the navigational structure or presentation of the Sites to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Sites; (ii) attempt to gain unauthorized access to any portion or feature the Sites, including without limitation, the account of any other authorized user or any other systems or networks connected to the Sites or to any server used by ICF or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Sites or any network connected to the Sites, or breach the security or authentication measures on the Sites or any network connected to the Sites; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Sites; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or systems or networks of ICF or networks connected to the Sites, (vi) use any device, software, or routine to interfere with the proper working of the Sites or any transaction conducted on the Sites, or with any other person’s use of the Sites; (viii) use the Sites to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Sites without ICF and or its licensors’ express, separate and prior written permission; (x) create an intact reproduction of a page or pages of the Sites into another website; or (xi) use the Sites in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ICF and or its licensors.

may not post or transmit through the Sites any material, which contains advertising or any solicitation with respect to products or services.

may not reverse engineer, decompile, disassemble, modify or create works derivative of the Sites or any materials accessed through the Sites.

may not remove any proprietary notices (e.g., copyright and trademark notices) or labels from the Sites or on any materials accessed through the Sites.

may not engage in conduct on or in connection with the Sites that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. You will not cause damage, embarrassment, or adverse publicity to ICF or its licensors.

Compliance with Applicable Law.

You are solely responsible for ensuring your use of the Sites is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations.

You will cooperate with all reasonable requests of ICF and will notify ICF promptly upon learning of any actual or suspected breach of these terms and conditions by you or unauthorized use or abuse of this website.

Third-Party Website Links

ICF, in its sole discretion, or other end users through the use of the Sites may provide links to other sites on the Internet for your convenience in locating related information, programs, and services. ICF has not necessarily reviewed such websites, and they are managed by third parties, over which ICF exercises no control. ICF is not responsible for the availability of these outside resources or their contents. Use of these sites is at your own risk. ICF makes no warranties or representations of any kind as to the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. ICF expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the services provided by, available through, or advertised on these sites and ICF disclaims all liability with regard to your access to and use of such linked sites. Moreover, these links do not imply an endorsement by ICF with respect to such sites or any related i) third party, information, or material; ii) identified candidate for political office; and iii) products or services provided by any third party. ICF has no obligation to monitor, control, or restrict the use of the Sites, or third-party websites accessible via links on the Sites. The inclusion of such a link does not imply endorsement of any site by ICF or any association with its operators. ICF has no obligation to verify any content submitted by you or to provide any registration or other information to you concerning any content.

Site Registration, Passwords, Administration, Security, Monitoring, and Enforcement

ICF may or may not at times require you to have a password and provide registration details to access the Sites or portions of our Site. If ICF does require a password and registration details, it shall be a condition of use of the Sites that all the details you provide are correct, current, and complete. If ICF believes that the details are not correct, current, or complete, ICF will have the right to refuse you access to the Sites, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access the Sites, and you are fully responsible for all activities that occur under your password(s). You agree to notify ICF immediately of any unauthorized use of your password(s). ICF reserves the absolute right not to issue a password to any person or entity.

Registration by you, or such assignment of you, as an authorized user for access to certain areas of the Sites may require both a username and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You agree not to share or give your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of your password. You agree to notify ICF immediately if you suspect any unauthorized use of your Authorized User Credentials. You are solely responsible for any and all uses of your Authorized User Credentials.

You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) that ICF, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of ICF. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate suspension or termination of your Authorized User Credentials. ICF will not be liable for any loss or damage arising from your failure to comply with these obligations. ICF reserves the right to delete or change Authorized User Credentials (with notice) at any time and for any reason.

ICF cannot guarantee the confidentiality of any communication or material transmitted to/from the Sites over the Internet or other global communication network and ICF is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained, or for the consequences of any reliance on such information. You must make your own determination as to these issues.

ICF may obtain access to, block, disclose, and review electronic transmissions and communications made through the Sites at any time. Actual or attempted unauthorized use of the Sites may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. ICF also reserves the right to view, monitor, and document activity on the Sites without notice or permission from you. Any information obtained by monitoring, reviewing, or documenting is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Sites. ICF also will comply with all court orders involving requests for such information. In addition to the foregoing, ICF reserves the right at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Sites, or any portion of functionality, for any reason.

ICF has the right, but not the obligation, to monitor the Content of the Sites (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any material), to determine compliance with these Terms of Service and any operating rules established by ICF and to satisfy any law, regulation, or authorized government request. ICF has the right and sole discretion to edit, refuse to post or remove any material submitted to or posted on or within the Sites, including, without limitation, the right to remove any material that ICF, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Representations and Warranties

You represent and warrant that: i) you own any material posted by you on or through the Sites or otherwise have the right to grant the license set forth in this Agreement and ii) the posting of any material you submit on or through the Sites does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Disclaimer

Warranty.

YOU EXPRESSLY AGREE THAT USE OF OUR SITES AND THE CONTENT IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. OUR SITES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ICF AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO OUR SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ICF MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH OUR SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. BY USE OF OUR SITES, YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, REPORT, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ICF MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE USE OF OUR SITES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN OUR SITES WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT ICF IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. ICF RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE, AND TO MAKE OTHER CHANGES TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

Site Purpose Disclaimer.

Our Sites, the Content, the material, or any other information contained herein is provided free of charge and primarily for informational and educational purposes only, and could include technical inaccuracies or typographical errors. Information on the Sites is provided with the understanding that ICF is not rendering professional advice or recommendations. You should not rely on any information on the Sites to replace consultations with qualified professionals to meet your individual or organizational needs. The information provided does not create a business or professional services relationship between you and ICF.

Geolocation Disclaimer.

Unless otherwise expressly stated, ICF operates it Sites from its offices in the United States. ICF makes no representation that the Content, materials, or the Sites are available or appropriate for use in other locations. Our Sites may be viewed internationally and may contain references to other ICF services and programs that are not in your country. These references may not imply that ICF intends to announce or provide such policies, programs, or services in your country. Please consult your local ICF site or business contact for information regarding the services and programs that may be available to you. If you choose to access the Sites from locations outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws to the extent permitted by law. You may not use the Sites or export the materials or Contents in violation of United States export laws and regulations.

Limitation of Liability

IN NO EVENT WILL ICF OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER BASED IN CONTRACT, FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, OUR SITES, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF ICF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT.

Indemnity

You agree to indemnify, defend and hold ICF harmless from any and all losses, expenses, liabilities, claims, or demands, costs, including reasonable attorneys' fees, due to or arising out of your use of the Sites and/or breach of this Agreement.

Notice for Claims of Copyright Infringement 

ICF is committed to complying with copyright and related laws, and requires all users of the Sites to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content though the Sites in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

Owners of copyrighted works or such agents, which believe that Content posted on the Sites infringes a copyright under copyright law should Contact Us with a written notice pursuant to the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512(c)) setting forth information as follows: i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; ii) a description of the allegedly infringing copyrighted work; iii) the URL or a specific description of the location on the Sites containing the allegedly infringing copyrighted work; iv) your address, telephone number, and email address; v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Upon our receipt of a proper notice of claimed infringement under the DMCA, we, where warranted, will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Please note, however, that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed and we advise that you send written notice with attachments to us through postal mail.

Forward-Looking Statements

Except for historical information and discussions, some of the information on the Sites and the related documents may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. Any such forward-looking statements speak only as of the date made. These statements may involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in ICF’s filings with the U.S. Securities and Exchange Commission. We undertake no obligation to update any forward-looking statements to reflect events or circumstances arising after the date on which they are made. We refer you to our annual report on Form 10-K and quarterly reports on Form 10-Q on file with the U.S. Securities and Exchange Commission (SEC). These documents identify important factors that could cause the actual results to differ materially from those contained in our forward-looking statements.

Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable pursuant to judicial decree, such provision shall be struck and the remaining provisions shall remain valid and enforceable according to its terms. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

ICF's failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive ICF's right to act with respect to subsequent or similar failures. Any cause of action or claim you may have with respect to this Agreement or the Sites must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

We reserve the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access from a particular Internet address. Any failure by ICF to strictly enforce any provision of the Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of this Agreement.

IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.

Governing Law

To the extent permissible by law, all claims arising out of this Agreement or relating to the Sites will be governed by and construed in accordance with the Commonwealth of Virginia, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to this Site shall be brought exclusively in a state or federal court in or for Arlington County, Virginia, USA, and you submit to personal jurisdiction of those courts for purposes of any action or proceeding to the extent permissible by law. You are responsible for complying with the laws of the jurisdiction from which you are accessing the Sites, and you agree that you will not access or use the information on this Site in violation of such laws.

Entire Agreement

This Agreement, along with the Privacy Statement, constitutes the entire understanding and agreement between ICF and you with respect to this Site and any transactions contemplated in the Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged in the this Agreement.

Updated June 11, 2019.

Privacy Statement

ICF Utilities Privacy Statement

Southern Maryland Electric Cooperative (SMECO), its wholly owned affiliates and subsidiaries (collectively, SMECO understands that privacy is important to you, and we respect your privacy concerns. ICF is a SMECO authorized contractor assisting the operation of select services for SMECO.

This Privacy Statement (“Privacy Statement”) applies to the webpages, applications, features, widgets, online services, social media, email, and related content (collectively, the “Site(s)") that display or link to it operated by ICF International, Inc. and its affiliates, subsidiaries, trusted business partners, agents, subcontractors, or third-party vendors (collectively, "ICF" or which may be referred to as “we”, “us”, and “our”) in support of and under the direction of SMECO, as well as any information ICF collects offline in connection with our services or programs in support of and as directed by SMECO. This Privacy Statement only applies to sites that display or link to this Privacy Statement.

ICF is a privacy-conscious organization and your trust is paramount to us. This Privacy Statement discloses our information treatment practices, from what type of information we gather and track about Site users to how we collect, use, process, share, or transfer such information. This Privacy Statement also describes the choices available to you regarding the use of, your access to, and how to update and correct your information.

By using this Site, you consent to the information practices described in this Privacy Statement and to our Terms of Use. Unless otherwise expressly stated and to the extent permissible by law, if you reside outside the United States and continue to use the Sites, you understand and agree that your information may be processed in the United States where laws regarding the processing of information may be less stringent than the laws in your country.

If you have questions regarding this Privacy Statement or you want to let us know about the Site or marketing permissions, please Contact Us.

How We Collect Your Personal Information

At the direction of SMECO, We collect information about you from a variety of sources through automatic means and from information voluntarily provided by you that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, you, a household, or device (“Personal Information”). We only will process that data if we consider it fair and lawful to do so and at the direction of SMECO. Personal information does not include publicly available information from government records, deidentified data, or aggregate consumer information.

Personal Information voluntarily provided by you:

Information that you provide by filling in forms on the Site. This includes information provided at the time of registering to use the Site, subscribing to our service, posting material, submitting an incentive or program participation application, registering for an event, signing up for a mailing list, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Site.

Records and copies of your correspondence with us, including email addresses.
Your responses to surveys that we might ask you to complete for research purposes.
Information shared by you through following a link from an ICF email address to a feature on one of the Sites.
Details of transactions you carry out through the Site and of the fulfillment of your orders or requests for service. You may be required to provide financial information before requesting service through the Site.

If we collect Personal Information from you at any other time on the Sites, we will either link to this Privacy Statement, link to our other applicable privacy statements, or state that Personal Information is being collected at that time and it is always a voluntary submission. Due to the open nature of the Internet, ICF requests that you do not send us unsolicited proprietary or other confidential information through the Sites.

Information we collect automatically:

We also may collect information through the use of various technologies to enhance your experience on the Site. For example, when you visit the Sites, we may automatically log certain information that your browser sends us, such as your IP address, browser type and language, access time, and referring website addresses (“Automated Non-Identifiable Data”). We may collect information about the pages you view within the Sites and other actions you take while visiting us. We may use such technologies to determine whether you've opened an e-mail or clicked on a link contained in an e-mail.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

These may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies and remove existing cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. By using the Sites, you agree that we can place cookies and other similar technologies on your device as soon as you visit the Sites or click a link in a targeted email we have sent you. Note that current “Do Not Track” initiatives are not recognized by the Sites. Please, however, follow the steps under the below Your Rights section if you would like to decline cookies. If you have any queries about these cookies or would like more information about them, please Contact Us.
Web Beacons. Pages of the Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Flash Cookies. Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

The Personal Information We Collect

The types of Personal Information we collect and have collected at the direction of SMECO within the last twelve months:

Category	Example	Collected	Disclosed
Identifiers	Real name, alias, email address, account name, online identifier, and IP address	Yes	Yes, to affiliates, service providers, and other vendors
Personal information categories listed in Cal. Civ. Code 1798.80(e)	A name, signature, address, or telephone number.	Yes	[Yes, to affiliates, service providers, and other vendors] OR [No]
Protected classification characteristics under California or federal law	Age, race, ethnicity, national origin, citizenship, religion, marital status, medical condition, disability status, sex, sexual orientation, veteran or military status, and genetic information.	Yes	[Yes, to affiliates, service providers, and other vendors] OR [No]
Commercial information	Products or services purchased, obtained, or considered from ICF.	Yes	[Yes, to affiliates, service providers, and other vendors] OR [No]
Biometric information	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information	No	No
Internet or other similar network activity	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	Yes	Yes, to affiliates, service providers, and other vendors
Geolocation data	Physical location or movements.	Yes	Yes, to affiliates, service providers, and other vendors
Sensory data	Audio, electronic, visual, thermal, olfactory, or similar information.	No	No
Sensitive personal information	Communications the consumer has with a third party, Biometric data processed to identify an individual, sexual orientation or sex life, financial account details in a combination that gives access to an account, genetic data, government-issued numbers, health data, philosophical or religious beliefs, precise geolocation, racial or ethnic origin, and union membership	No	No
Professional or employment-related information	Current or past job history or performance evaluations.	No	No
Non-public education information (FERPA)	Grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	No	No
Inferences drawn from other personal information	Profile reflecting a person's preferences, characteristics, predispositions, behavior, attitudes, abilities, and aptitudes.	Yes	Yes, to affiliates, service providers, and other vendors

How We Use Your Personal Information

ICF and its trusted business partners, agents, subcontractors, or third-party vendors only use Personal Information for purposes consistent with this Privacy Statement and as directed by SMECO. This may include to:

Fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote, ask a question about our products or services, register for services, or submit an application we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns;
provide, support, personalize, and develop the Site, products, and services.
create, maintain, customize, and secure your account with us;
process your requests, purchases, transactions, and payments and prevent transactional fraud;
provide you with support and respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
provide Site functionality, including customizing your view of the Site in a registration-based area or to tailor the information you receive from us;
help maintain the safety, security, and integrity of the Site, products and services, databases and other technology assets, and business;
test, research, analyze, and develop products, including to develop and improve the Site, products, and services;
respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred;
communicate with you, including via research surveys;
facilitate your participation in your requested private or public forum, send you direct mail, email, or telephone contact from us. Please be aware that when you voluntarily make your Personal Information available for viewing by third parties online, such as on a blog or public message board, your information can be viewed, collected, and used by individuals and companies outside of ICF. ICF is not responsible for any unauthorized third-party use of such information that is provided in a public forum;
facilitate you conducting business with us if you are a supplier or a business partner;
protect the rights or property of ICF, our business partners, suppliers, clients, or others when we have reasonable grounds to believe that such rights or property have been or could be affected;
disclose your Personal Information as required by law and when we believe that disclosure is necessary to protect our rights, or the rights of others, or to comply with a judicial proceeding, court order, or legal process served on the Sites;
market to you. The information you provide to us, as well as the information we have collected about you indirectly, may be used by us for marketing purposes; and
implement or utilize various tools, including:
- Rebate Applicant Portal: We may use a rebate application portal to process rebates. If you visit and submit an application through the Site, we request that you provide us with personal information. We may provide your application information to a utility partner to validate and process payments;
- Home Auditing Tools: We may use a home auditing tool that allows a 3rd Party to collect personal information and data on your home or business in order to provide energy savings improvements;
- Scheduling Tools: We may use tools to schedule appointments or site visits that require personal information;
- QA/QC Inspection tools: We may use Inspection tools that collect personal information, as well as information regarding your energy savings improvements; and
- Procurement Portal: We use this procurement portal to capture qualifications and proposals. If you visit and submit qualifications or a proposal through the Site, we request that you provide personal information, e.g., name, email address, and company information.

How We Share Your Information

We may share your Personal Information by disclosing it to a third party for a business purpose and under the direction of SMECO. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract, including the selling of your Personal Information. In the preceding twelve (12) months, we have disclosed personal information for a business purpose to the categories of third parties indicated in the chart below. We do not sell personal information.

All third-party vendors are required to implement security measures and are subject to contractual prohibitions on selling or sharing any Personal Information. When Personal Information is transmitted to other websites, it is protected through the use of encryption.

To see how we will share or disclose your information, please refer to the above table.

Please note that we also share Personal Information with government entities, including law enforcement, only in the following circumstances: (1) when required to do so as a matter of law; (2) to assist in the investigation of a potential crime impacting ICF, its employees, its customers, or the communities we serve; or (3) when required in response to legal process (e.g., subpoena, warrant).

Linking to Non-ICF Websites and Third-Party Applications

To allow you to interact with other websites on which you may have accounts (such as Facebook and other social media sites) or join communities on such sites, we may provide links or embed third-party applications that allow you to log in, post content, or join communities from the Sites. We provide links to other websites for your convenience and informational purposes only. ICF is not responsible for the content, accuracy of, or cookies set by any third-party linked site that is not operated by or on behalf of ICF or for any other links contained in such third-party sites. The inclusion of any link to a website not owned by ICF is not an endorsement by ICF of the site or its contents or accuracy and does not suggest that the opinions expressed on a third-party site are representative of the views or opinions of ICF. You may wish to review the privacy statements in use on third-party sites before interacting with such third-party websites.

ICF assumes no responsibility for any links to the Sites from another party's website. You may post a link to any portion of the Site without prior written permission. However, any such links must not use framing techniques or in any way represent the Site or its content as being connected with another organization. In addition, you may not use any meta tags or hidden text in your website that incorporate the ICF name or the names of any ICF affiliate, subsidiary, business, program, or service.

Personal Information Accuracy, Privacy, and Security

We intend to maintain Personal Information in an accurate, complete, current, and secure manner. In the event of changes in your Personal Information, you may inform us to make sure that our information is up-to-date.

We implement commercially reasonable physical, administrative and technical safeguards to help us protect the confidentiality, security, and integrity of your Personal Information and prevent the unauthorized loss, misuse, access, interception, disclosure, and alteration.

Unfortunately, no data transmission over the Internet is 100% secure. While we strive to protect your Personal Information, we cannot ensure or warranty the security of any such Personal Information or fully ensure that your private communications and other Personal Information will not be inadvertently disclosed to third parties by ICF or its business partners, agents, subcontractors, or other third-party vendors.

Residents of certain states may have additional personal information rights and choices. Please see the additional information below for additional information or instructions on how you may exercise your rights.

Changes to this Policy

At our own discretion, we may occasionally amend or supplement this Privacy Statement. The “Effective Date” reference at the top of this page indicates when we last revised this Privacy Statement, and any changes to this Privacy Statement will become effective when we post the revised Privacy Statement on the Sites. Your continued use of the Sites or engagement in the Interactions after we implement such changes also will constitute your affirmative consent to the revised Privacy Statement.

Retention

Under the direction of SMECO and limited to those purposes as a Service Provider or Processor, we will retain and use your each category of Personal Information identified in the above table according to applicable law and only as long as necessary to fulfill your requests or inquiries, provide services, comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

Children's Online Privacy Protection

ICF is committed to protecting children's privacy online. The Sites are not intentionally designed for or directed at children under the age of 13. In accordance with the Children's Online Privacy Protection Act of 1998 (COPPA), ICF will not intentionally collect, maintain, or distribute information about anyone under 13 years of age. If we become aware that we have inadvertently received Personal Information from a user under the age of 13, we will delete these data from our records.

Your Rights

U.S. Domestic and International Residents

General. You may, at any time, exercise your right to decline to supply certain information while using the Sites. Please bear in mind that you, however, may not be able to access certain content or participate in some features on the Sites. If you tell us that you do not want us to use your information to make further contact with you beyond fulfilling your request, we will respect your wishes. You may be entitled to know whether we hold Personal Information about you and, if we do, to have access to that Personal Information and require it to be corrected if it is inaccurate. We generally do not make decisions by purely automatic means, but if we do, you may have the right to object. If we are going to use your Personal Information in a manner different from that stated at the time of collection, we will notify you, and you will have a choice as to whether or not we can use your Personal Information in such a way.

Marketing. You may, at any time, exercise your right to prevent us from sharing marketing materials with you by checking certain boxes on our forms, utilizing the unsubscribe or opt-out mechanisms in the emails we send you, indicating so when we call you, or sending an email to SMECOBusiness@icf.com or visiting Do not sell or share my personal information | Limit the use of my sensitive personal information | ICF. In such cases, we will retain minimum Personal Information to note that you opted out in order to avoid contacting you again.

If you have subscribed to one or more of our newsletters or receive information from ICF via email or postal mail and would like to modify or cancel these messages, please follow the instructions included in the message, and send an email to  SMECOBusiness@icf.com. For best results, please forward a copy of the mailing you received from ICF.

Your State Privacy Rights. State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about your state’s privacy rights, please read the applicable section below.

Privacy Questions and Access

You can exercise any of your rights by Contacting Us or submitting any requests regarding exercising your rights in writing to:

ATTN: Data Protection Team
ICF
1902 Reston Metro Plaza,
Reston, VA 20190 USA
E-mail: dataprotection@icf.com
Please note that you may be required to prove your identity before we can fulfill your request.

Additional Information for Residents of Certain States

Residents of some states have certain choices (“State Consumer Rights") regarding ICF’s use and disclosure of your personal information. Depending on your state of residence, these State Consumer Rights may include:

Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information related to you we have collected during the past 12 months. This may include:
- The categories and specific pieces of personal information we have collected about you
- The categories of sources from which we collected the personal information
- The business or commercial purpose for which we collected or sold the personal information
- The categories of third parties with whom we shared the personal information
- The categories of personal information about you that we sold or disclosed for a business purpose, and the categories of third parties to whom we sold or disclosed that information for a business purpose
Rectification: You have the right to have your Personal Information corrected or amended by a business or other organization if it is inaccurate.
Portability: You have the right to receive your Personal Information in an easily understandable format, and to the extent technically feasible, in a structured, commonly used, machine-readable format.
Deletion: You have the right to request that we delete certain personal information we have collected from you. Exceptions apply.
Restrict the Sharing and Use of Sensitive Information: Subject to limitations, you have the right to limit the sharing of certain information deemed “sensitive.” An example of sensitive information is your Social Security Number, bank account number, racial origin, or religious beliefs.
Restrict the sharing of Personal Information: Subject to limitations, you have the right to limit how we share your Personal Information.
Opt-Out of Sale: You have the right to opt-out of the sale of your personal information.
Opt-Out of Targeted Advertising: You have the right to opt-out of the processing of personal data for targeted advertising purposes.
Opt-Out of Profiling: You have the right to opt out of profiling based on personal data.
Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.
Non-discrimination: You have the right to not be discriminated against for exercising your privacy rights
Automated Decision-Making:

These rights are dependent upon your state of residence and may be subject to certain limitations or exceptions. Please see the following list of states to determine what State Consumer Rights apply to you:

California – Access, Rectification, Deletion, Restriction of Sensitive Information, Portability, Opt-out of Sales, Automated Decision-Making.
Delaware – Access, Rectification.
Nevada – Opt-out of Sales
Virginia – Access, Rectification, Deletion, Restriction, Portability, Opt-out of Sales, Opt-out of targeted advertising, Opt-Out of Profiling, Non-discrimination, Automated Decision-Making.

Exercising Your State Consumer Rights Request

Pursuant to Cal. Civ. Code § 1798.140(v), Va. Code § 59.1-575,[WA1] ICF is either a “Service Provider or a “Processor” for the purposes of managing this Site and cannot respond directly to your request exercise your State Consumer Rights. However, should you desire to exercise these rights and SMECO qualifies as a regulated entity under the applicable law, you may be able to submit a request with SMECO. As a Service Provider, ICF will provide SMECO whatever assistance is reasonably required to facilitate your request and will forward any consumer requests to SMECO. Please see SMECO’s privacy policy for more information on how they respond to you Consumer Right’s Requests.

To contact us regarding a State Consumer Rights request please reference the below contact methods. So that we may promptly notify SMECO please include information regarding your state residency and the service or product related to your request:

Email: SMECOBusiness@icf.com
Mail: 1902 Reston Metro Plaza, Reston, VA 20190 USA

Only you, or someone legally authorized to act on your behalf, may make a request related to your personal information. To designate an authorized agent or to make a request on behalf of your child please use one of the above contact methods.

SMECO cannot respond to your request or provide you with personal information if it cannot verify your identity or authority to make the request and confirm the personal information relates to you. You do not need to create an account with us or SMECO to submit a request. SMECO will only use personal information provided in the request to verify the requestor's identity or authority to make it. Once SMECO receives State Consumer Rights request and confirms your information, it will respond within 45 days. In some circumstances, an additional 45 days may be required. When this is the case SMECO will inform you that additional time is required within the first 45 days of your initial request.

Response Timing and Format

Should SMECO be subject to the applicable state privacy law, it will confirm receipt of your request and subsequently respond within the time frame allotted under the applicable state law.

Any disclosures SMECO provides will only cover the 12-month period preceding our receipt of your request. The response SMECO provides will also explain the reasons it cannot comply with a request, if applicable. For data portability requests, SMECO will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

SMECO does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If SMECO determines that the request warrants a fee, it will tell you why it made that decision and provide you with a cost estimate before completing your request.

Should SMECO deny your request to exercise your State Consumer Right, SMECO will inform you of the reason why they could not complete your request and how you may appeal the decision.

Personal Information Sales Opt-Out and Opt-In Rights

ICF does not sell your Personal Information.

However, should you still desire to indicate that you wish to exercise your right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: Do not sell my personal information | Limit the use of my sensitive personal information | ICF

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by following the above link.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your State Consumer Rights.

Unless permitted by the applicable state law, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA and other state laws that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.