Brian Babine

Terms of Use

February 24, 2014

AGREEMENT BETWEEN USER AND ENERGY CODE ACE

The Energy Code Ace Web site is comprised of various Web pages operated by Energy Code Ace.

The Energy Code Ace Web site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the Energy Code Ace Web site constitutes your agreement to all such terms, conditions, and notices.

"California Consumers are not obligated to purchase any full fee service or other service not funded by this program. This program is funded by California utility ratepayers and administered by Pacific Gas and Electric Company, San Diego Gas and Electric Company, Southern California Edison Company and Southern California Gas Company under the auspices of the California Public Utilities Commission (CPUC)."

MODIFICATION OF THESE TERMS OF USE

Energy Code Ace reserves the right to change the terms, conditions, and notices under which the Energy Code Ace Web site is offered, including, but not limited to, the charges associated with the use of the Energy Code Ace Web site.

GENERAL

Through the Energy Code Ace Web site, we provide a variety of information and services to our participants. You may use the Energy Code Ace Web site solely for your own internal residential or business purposes and pursuant to these Terms of Use; you may not use the Energy Code Ace Web site for the purpose of competing with the Energy Code Ace or its agents. You may view and download material displayed on the Energy Code Ace Web site, provided you retain all copyright, trademark and other proprietary notices displayed on the materials. Use of these materials in publications, other web sites or presentations is prohibited without Energy Code Ace’s written consent.

To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A., in all disputes arising out of or relating to the use of the Energy Code Ace Web site. Use of the Energy Code Ace Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Energy Code Ace as a result of this agreement or use of the Energy Code Ace Web site. Energy Code Ace's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Energy Code Ace's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Energy Code Ace Web site or information provided to or gathered by Energy Code Ace with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Energy Code Ace with respect to the Energy Code Ace Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Energy Code Ace with respect to the Energy Code Ace Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

LINKING, FRAMING, BOTS AND SPIDERS

Links to Third-Party Sites. Energy Code Ace displays links to websites or electronic services sponsored by third parties. Energy Code Ace is not responsible for the content or operation of third-party websites or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply Energy Code Ace endorses or is affiliated with such third-party websites, services or third parties, or any services or products they offer. The submitting third parties, and not Energy Code Ace, are solely responsible for any advertisements, opinions, advice, statements, services, offers, data, information, content, or other materials that such third parties express or make available.

Links to the Website. The Energy Code Ace Web site may not be linked to in such a way that the pages of the Energy Code Ace Web site are displayed within a frame on a third-party website, or are otherwise displayed on a browser screen accompanied by advertising or other content not found on the Energy Code Ace Web site. The fact that a third party provides a link to the Energy Code Ace Web site will not in any way be or imply an endorsement, agency, joint venture or similar relationship between Energy Code Ace and any such third party.

Mining. No user or third party is authorized to use any software, bots, spiders, or other information-gathering devices or programming routines to monitor, copy, or otherwise "mine" information displayed on the Website for display on or use with any Website or service, except as authorized by PG&E or by a PG&E customer of record.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Energy Code Ace Web site, you warrant to Energy Code Ace that you will not use the Energy Code Ace Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Energy Code Ace Web site in any manner which could damage, disable, overburden, or impair Energy Code Ace Web site or interfere with any other party's use and enjoyment of the Energy Code Ace Web site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Energy Code Ace Web site.

USE OF COMMUNICATION SERVICES

The Energy Code Ace site may contain comment areas, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Energy Code Ace has no obligation to monitor the Communication Services. However, Energy Code Ace reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. Energy Code Ace reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Energy Code Ace 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, in Energy Code Ace's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Energy Code Ace does not control or endorse the content, messages or information found in any Communication Service and, therefore, Energy Code Ace specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Energy Code Ace spokespersons, and their views do not necessarily reflect those of Energy Code Ace.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ENERGY CODE ACE OR POSTED AT ANY ENERGY CODE ACE WEB SITE

Energy Code Ace does not claim ownership of the materials you provide to Energy Code Ace (including comments, feedback, and suggestions) or post, upload, input or submit to any Energy Code Ace Web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Energy Code Ace, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Energy Code Ace is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Energy Code Ace's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER
Neither Pacific Gas and Electric Company, San Diego Gas and Electric, Southern California Gas Company nor Southern California Edison — nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any data, information, method, product, policy or process disclosed on the Energy Code Ace Web site; or represents that its use will not infringe any privately-owned rights including, but not limited to patents, trademarks or copyrights.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE ENERGY CODE ACE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ENERGY CODE ACE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ENERGY CODE ACE WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ENERGY CODE ACE WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ENERGY CODE ACE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ENERGY CODE ACE WEB SITE FOR ANY PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ENERGY CODE ACE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ENERGY CODE ACE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ENERGY CODE ACE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ENERGY CODE ACE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS OBTAINED THROUGH THE ENERGY CODE ACE WEB SITE, OR

OTHERWISE ARISING OUT OF THE USE OF THE ENERGY CODE ACE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ENERGY CODE ACE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ENERGY CODE ACE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ENERGY CODE ACE WEB SITE.

TERMINATION/ACCESS RESTRICTION

Energy Code Ace reserves the right, in its sole discretion, to terminate your access to the Energy Code Ace Web site and the related services or any portion thereof at any time, without notice.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Energy Code Ace Web site are: Copyright ©2014 Pacific Gas and Electric Company, San Diego Gas and Electric, Southern California Gas Company and Southern California Edison and/or their suppliers. All rights reserved, except that Energy Code Ace Web site pages and posted documents may be used, copied, and distributed without modification. Individual documents, software, and/or other content of Energy Code Ace may contain additional Copyright and/or Trademark notices.

COPYRIGHTS

All content on the Energy Code Ace Web site, including all text, graphics, artwork, logos, buttons, icons, images, audio clips, video clips, software and code, is the copyrighted property of Pacific Gas and Electric Company, San Diego Gas and Electric, Southern California Gas Company and Southern California Edison or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. Any unauthorized use of materials on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations or statutes. Except as allowed in these Terms of Use, such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold, or transmitted (in whole or in part) in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of Pacific Gas and Electric Company, San Diego Gas and Electric, Southern California Gas Company and Southern California Edison or any other copyright owner.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent.

TRADEMARKS

The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs and other identifiers (“Trademarks”) used and displayed on the Website are registered and unregistered Trademarks of Pacific Gas and Electric Company, San Diego Gas and Electric, Southern California Gas Company and Southern California Edison and others in the United States and other countries. No display or use of such Trademarks may be made without the express prior written permission of Pacific Gas and Electric Company, San Diego Gas and Electric, Southern California Gas Company and Southern California Edison or other Trademark owner, as the case may be. You may not use any meta tags or any other “hidden text” utilizing Energy Code Ace’s name or Trademarks without the express prior written permission of Pacific Gas and Electric Company, San Diego Gas and Electric, Southern California Gas Company and Southern California Edison.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

If you believe that material included on the Energy Code Ace Web site infringes another party’s trademark rights, contact us promptly so we may investigate the situation and, if appropriate, block or remove the material.

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