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.
