FirstLook :: Your online power assessment, prospecting and feasibility resource

close3TIER FIRSTLOOK TERMS OF USE
Access to and use of this site are subject to the terms and conditions of these Terms of Use and all applicable laws and regulations, including laws and regulations governing copyright and trademark. By clicking on the "I Agree" button you agree, without limitation, to be bound by these terms of use (the document contained herein, "Terms of Use") between yourself ("You") and 3TIER Environmental Forecast Group, Inc., a Washington Corporation ("3TIER"). By clicking on the "I Agree" button you further acknowledge that you have read and understand these Terms of Use. 3TIER reserves the right to change these Terms of Use at any time. The changes will appear on this screen. You agree in advance to accept any changes.

1. 3TIER'S ASSESSMENT REPORT
3TIER generates a FirstLook™ assessment report in PDF format (the "Report"), based upon the search criteria and values you provide. Your access to and use of the Report is expressly conditioned upon payment in accordance with the payment provisions set forth on this site as part of the FirstLook™ assessment purchase process. The Report is intended for your personal, non-commercial use only. You agree to not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Report to any third party without the express written permission of 3TIER.

2. INTELLECTUAL PROPERTY
The materials used and displayed (or which may be displayed) on this site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of 3TIER or licensors and are protected by copyright, trademark and other laws that may apply. Any such content may be displayed solely for your personal, non-commercial use. You agree to not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express written permission of 3TIER.

All patent, copyright, trademark, trade secrets and other proprietary rights with respect to any reports (including the Report), designs, specifications, documentation, computer software and other items created, conceived or reduced to practice by or on behalf of 3TIER is the property of 3TIER. You agree to not modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any reports (including the Report), designs, specifications, documentation, computer software and other items created, conceived or reduced to practice by or on behalf of 3TIER to any third party without the express written permission of 3TIER.

3. LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING THE REPORT) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY 3TIER ON AN "AS IS" AND "WITHOUT FAULT" BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. 3TIER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING THE REPORT) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 3TIER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 3TIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN ANY WAY RESULTING FROM THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING THE REPORT) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

4. LEGAL DISPUTES
These Terms of Use shall be construed and controlled by the laws of the State of Washington, USA, without regard to conflicts of laws. Any dispute relating in any way to 3TIER shall be submitted to confidential binding arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate 3TIER's copyright, trademark or other intellectual property rights, 3TIER may seek injunctive relief or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction 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 treated as judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. In any action to enforce any right or remedy under these Terms of Use, or to interpret any provision of these Terms of Use, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses.

5. ASSIGNMENT
You may not assign any of your rights or delegate any of your duties under these Terms of Use to any third party, except as explicitly authorized herein, without the prior written permission of 3TIER. Notwithstanding any provision contained in these Terms of Use to the contrary, 3TIER may assign in whole or in part its rights or duties under these Terms of Use without your permission in connection with (a) a reorganization or sale of 3TIER; or (b) the sale of a business, division or line of business thereof.

6. WAIVER
Failure or delay by 3TIER to exercise any right or remedy shall not be a waiver and shall not prevent the enforcement of that or any other right.

7. SEVERABILITY
If a court of competent jurisdiction finds any clause or provision of these Terms of Use to be unenforceable, then the Terms of Use shall be deemed amended to exclude the clause or provision and the remainder of these Terms of Use shall continue in full force and effect.

8. ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between the parties concerning its subject matter and supersedes any prior agreements between the parties concerning the subject matter of these Terms of Use.close

close3TIER FIRSTLOOK PRIVACY POLICY

PRIVACY POLICY
We are committed to protecting the privacy and information of our Web site users. To carry out this commitment, we have adopted this privacy policy to help protect your personal information. The purpose of this privacy policy is to inform you of what information this Web site collects, how such information is used, and other related matters.

COLLECTION OF INFORMATION
Our Web server automatically recognizes the Internet address (and specific domain) from which you are accessing our Web site. When you visit our site, we collect general information that does not identify you specifically but informs us of the pages visited, the areas of the Web site where you have spent the most time, and other Web sites you linked to while visiting our Web site. The above list is meant to be illustrative and not exclusive. This general information is only used in the aggregate so we can improve our services to you and other Web site users.

HOW THE INFORMATION IS USED
We will protect the confidentiality of any personal information you share with us. We will not sell or share your personal identifiable information with any third party except as required by law.

We use the information collected in various ways, including but not limited to responding to any queries regarding our services, emailing you with updates to our services, and providing more efficient services as further described. If you wish not to receive email from us detailing our services or updates, please notify us. We take all the collected general information, compile and analyze all the data, and modify our Web site so it better serves our users' needs. As an example, if we find that the majority of our users tend to go to a certain portion of our Web site, we will move such portion of the Web site closer to the home page or create a link directly to that portion of the Web site. This type of modification to the Web site will make your visit more efficient.

TRACKING
We use cookies to help improve our services to you. A cookie is a small amount of data that is sent to your browser and stored on your computer's hard drive. Among other things, the cookie will help keep track of information you gave us so you will not have to reenter it each time you enter our Web site.

SUBMITTED INFORMATION
If a user of our Web site sends us any message or communication, such message or communication will become our property and will not be returned. Any reproduction, modification, adaptation, publishing, translation, distribution, and display of such messages or communications, including the sender's name will be done only after receiving the sender's permission.

THIRD PARTY LINKS
Our Web site contains links to third party Web sites. We do not endorse any information posted on such third party Web sites nor the reliability or authenticity of any such posted information. We in no way are compensated for directing web traffic to these sites and derive no commercial interest from it. Such third party Web sites may be governed by their own rules and regulations and we advise that you read and adhere to such rules and regulations when visiting such third party Web sites. We will have no liability whatsoever for any of your actions on such third party Web sites nor will we be liable for any information or data downloaded by you or any transaction entered into by you while visiting such third party Web sites.

GOVERNING LAW AND DISPUTE RESOLUTION
This privacy policy shall be governed by the laws of the State of Washington without regard to conflicts of law provisions. In the event of any controversy or claim arising out of or relating to this policy, or the breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If the parties do not reach agreement within a period of 60 days, then either party may, by notice to the other party, demand mediation under the Mediation Rules of the American Arbitration Association*, before one mediator, in Seattle, Washington. If agreement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this policy shall be settled by arbitration, in accordance with the rules of the American Arbitration Association then in force, and that the arbitration hearings shall be held in Seattle, Washington. If the parties cannot agree upon an arbitrator within ten (10) days after demand by either of them, either or both parties may request the American Arbitration Association to name a panel of five (5) arbitrators. 3TIER shall strike the names of two (2) on this list, you shall then strike two (2) names, and the remaining name shall be the arbitrator. The decision of the arbitrator shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrator equally, unless the arbitrator determines that the expenses shall be otherwise assessed.
*For international parties, 3TIER and you will use the International Arbitration and Mediation Rules and the International Centre for Dispute Resolution at the appropriate location.

MODIFICATIONS
We encourage you to review this policy from time to time, as it may be amended or updated by us at any time. If you have any questions about this policy or any amendments or updates, contact us at: 3TIER, Inc. 2001 6th Avenue, Ste. 2100 Seattle, WA 98121 Tel.: (206) 325-1573 Fax: (206) 325-1618 Email: firstlook@3tiergroup.comclose