 |
E.ON CLIMATE & RENEWABLES
NORTH AMERICA INC. ("ECRNA")
ONLINE TERMS OF USE
Welcome to www.eoncrna.com (this “Site”). Please read this agreement carefully before using this Site. By
accessing this Site in any way, including, without limitation, browsing
this Site, using any information, and/or submitting information to
ECRNA, you agree to and are bound by the terms, conditions, policies
and notices contained on this page (this “Agreement”), including, but
not limited to, conducting this transaction electronically, disclaimers
of warranties, damage and remedy exclusions and limitations, and a
choice of Illinois law.
Consent to Electronic Records, Signature, and Acceptance of Terms and Conditions
Both the Agreement and the Site include important disclosures and regulatory information that are associated with the Site.
By continuing to access or use the Site, you agree as follows:
- You understand and intend that
the Agreement is a legally binding agreement and the equivalent of a
signed, written contract; and
- You will use this
Site in a manner consistent with applicable laws and regulations and in
accordance with the terms and conditions in the Agreement and any
applicable rules and guidelines as they may be amended by ECRNA from
time to time.
- You understand, accept, and have
received the Agreement and its terms and conditions, and acknowledge
and demonstrate that you can access the Agreement and other disclosures
and regulatory materials on the Site.
If you do not agree with the terms and conditions in the Agreement,
please discontinue all further use of the Site. You should be aware,
however, that any use of the Site is subject to the terms and
conditions of the Agreement. This Agreement will always be available
for your review at the “Terms and Conditions” link at the bottom of the
www.eoncrna.com home page. Please carefully review the following terms and conditions.
Revisions and Relation to Other Agreements or Disclosures
ECRNA
may revise the Agreement at any time, and you agree to be bound by
future revisions. It is your responsibility to visit the “Terms and
Conditions” link at the bottom of the www.eoncrna.com
home page periodically to review the most current terms and conditions.
ECRNA may also offer other services from time to time that are governed
by different or additional terms and conditions. ECRNA services are
subject to any disclosures or disclaimers found within such services.
ECRNA’s License to You
ECRNA
grants you a single, non-exclusive, non-transferable and limited
personal license to access and use the Site. This license is
conditioned on your continued compliance with the terms and conditions
in the Agreement.
Your License to ECRNA
From
time to time on certain areas of our Site you may be able to submit
certain materials (“User Content”). By using these features, you agree
that you will not to post any content that is unlawful, harmful,
tortious, defamatory, libelous, obscene, invasive of the privacy of
another person, threatening, harassing, abusive, hateful, racist,
infringing, pornographic, violent or otherwise objectionable or
inappropriate as determined by ECRNA; that you will not post any
content that contains personal information about any individual,
violates the privacy/publicity of any other individual or entity, or
anything that you are under a contractual obligation to keep private or
confidential; that you will not impersonate any person or organization,
including without limitation, the personnel of ECRNA, or misrepresent
an affiliation with another person or organization; you will not post
any content that contains viruses, corrupted files, or any other
similar software or programs that may adversely affect the operation of
the Site, or feature of the Site. You further understand and agree that
you have no ownership rights in materials you submit to us, to any
account you may have with us, or other access to the Site or features
therein. ECRNA may cancel your account and delete all User Content
associated with your account at any time, and without notice, if ECRNA
deems that you have violated this Agreement, the law, or for any other
reason. ECRNA assumes no liability for any information removed from our
Site, and reserves the right to permanently restrict access to the Site
or a user account.
By displaying, publishing, or otherwise posting any User Content on or
through the Site, you hereby grant to ECRNA a limited, non-exclusive,
sub-licensable, worldwide, fully-paid, royalty free license to use,
modify, publicly perform, publicly display, reproduce, and distribute
such User Content without the requirement to make payment to you or to
any third party or the need to seek any third party permission. This
license includes the right to host, index, cache, distribute, and tag
any User Content, as well as the right to sublicense User Content to
third parties, including other users, for use on other media or
platforms known or hereinafter developed, such as for use on mobile
phones, in video or music software computer programs. You continue to
retain all ownership rights in your User Content, and you continue to
have the right to use your User Content in any way you choose, subject
to this Agreement and the license described herein (“User Content
License”). You represent and warrant that you own the content
submitted, displayed, published or posted by you on the Site and
otherwise have the right to grant the license set forth herein, and the
displaying, publishing or posting of any content you submit, and our
use thereof does not and will not violate the privacy rights, publicity
rights, copyrights, trademark rights, contract rights or any other
intellectual property rights or other rights of any person or entity.
You agree to indemnify and hold ECRNA, its parents, subsidiaries,
officers, employees, and website contractors and each of their
officers, employees and agents harmless from any claims, damages and
expenses, including reasonable attorneys' fees and costs, related to
your violation of this Agreement, including the Posting Policy, or any
violations thereof by your dependents or which arises from the use of
User Content you submitted, posted, or otherwise provided to ECRNA or
this Site.
Notices, Communications and Your Privacy
ECRNA will treat any information it collects from you through this Site in accordance with its Privacy Policy,
which is hereby incorporated by reference. Please review the Privacy
Policy before you use this Site. If you are unwilling to accept the
terms and conditions of the Privacy Policy, please do not use this
Site.
In the event you provide ECRNA with your email address(es), you agree
to accept all communications from us regarding the Site at the
address(es) you provide. ECRNA is entitled to rely on the e-mail
address and U.S. mail address that you last provided to us. You agree
to waive all claims resulting from failure to receive communications
because of changes in your e-mail or U.S. mail address. From
time-to-time we would like to send you information about ECRNA products
and services. If you register provide ECRNA with your email
address(es), you are granting ECRNA permission to communicate with you
by email. You can opt not to receive such information from us in the
future by following the instructions in any e-mail that we send to you.
You agree to be bound by any affirmance, assent ,or agreement you
transmit through the Site you access by computer, including but not
limited to any consent you give to receive communications from us
solely through electronic transmission. You agree that, when in the
future you click on an “I agree,” “I consent” or other similarly worded
"button" or entry field with your mouse, keystroke or other computer
device, your agreement or consent will be legally binding and
enforceable and the legal equivalent of your handwritten signature.
Use of the Site
The following requirements apply to your use of the Site:
- You will not use any electronic communication feature of
the Site for any purpose that is unlawful, tortious, abusive, intrusive
on another's privacy, harassing, libelous, defamatory, embarrassing,
obscene, threatening, or hateful.
- You will not upload,
post, reproduce, or distribute any information, software, or other
material protected by copyright or any other intellectual property
right (as well as rights of publicity and privacy) without first
obtaining the permission of the owner of such rights.
- You will not collect or store personal data about other users.
- You
will not use the Site for any commercial purpose not expressly approved
by ECRNA in writing. You will not upload, post, email, or otherwise
transmit any advertising or promotional materials, including without
limitation, “junk mail,” “surveys,” [spam,” “chain letters,” [pyramid
schemes,” or any other form of solicitation or unauthorized
communication.
- You will not upload, post, email, or
otherwise transmit any material that contains viruses or any other
computer code, files, or programs which might interrupt, limit, or
interfere with the functionality of any computer software or hardware
or telecommunications equipment.
No Advice or Recommendations
The Site and content are for informational, educational, and
entertainment purposes only. Nothing contained in any content on the
Site constitutes a recommendation, endorsement, or guarantee by ECRNA.
Neither ECRNA nor any of its affiliates or agents endorses or assumes
any responsibility for or guarantees the accuracy, currency,
completeness or usefulness of information in any material on the Site.
You should exercise discretion before relying on information in
messages, since it may be incorrect or misleading. You agree that to
the extent you rely on information posted within the Site, you do so
solely at your own risk and that neither ECRNA nor any of its
affiliates or agents shall be liable.
Use of Access Devices
With the exception of applications commonly known as Web
Browser software, or other applications formally approved by ECRNA in
writing, you agree not to use any software, program, application, or
any other device to access or log on to ECRNA’s computer systems, Site,
or proprietary software or to automate the process of obtaining,
downloading, transferring, or transmitting any content to or from
ECRNA’s computer systems, Site, or proprietary software.
Security of Data Transmission and Storage
Electronic communications through the Site may not be
encrypted. You acknowledge that there is a risk that data, including
email, electronic communications, and personal data, may be accessed by
unauthorized third parties when communicated between you and ECRNA or
between you and other parties.
Monitoring by ECRNA, its affiliates, and agents are entitled, but not
obligated, to review or retain User Content. We may monitor your User
Content to evaluate the quality of service you receive, your compliance
with the Agreement, the security of the ECRNA Services, or for other
reasons. You agree that ECRNA's monitoring activities will not entitle
you to any cause of action or other right with respect to the manner in
which ECRNA monitors your User Content and enforces or fails to enforce
the terms of the Agreement. In no event will ECRNA be liable for any
costs, damages, expenses, or any other liabilities incurred by you as a
result of ECRNA's monitoring activities.
Hyperlinks
ECRNA may provide a link to other sites as part of the Site.
ECRNA does not control the other sites, and ECRNA makes no
representations whatsoever concerning the content of those sites or any
other representation. The fact that ECRNA has provided a link to a site
is not an endorsement, authorization, sponsorship, or affiliation with
respect to such site, its owners, or its providers. There are risks in
using any information, software, or products found on the Internet, and
ECRNA cautions you to make sure you understand these risks before
retrieving, using, relying upon, or purchasing anything via the
Internet. You agree that under no circumstances will you hold ECRNA
liable for any loss or damage caused by use of or reliance on any
content, goods, or services available on other sites.
Disclaimer of Warranties
Although ECRNA tries to provide accurate and timely
information through its Site, there may be inadvertent technical or
factual inaccuracies and typographical errors. ECRNA reserves the right
to make changes and corrections at any time, without notice. The
information provided through the Site is provided “AS IS” and “AS
AVAILABLE.” ECRNA does not warrant the accuracy, completeness or
timeliness of the information, text, graphics, links or other items
contained in the ECRNA Services. ECRNA provides no guarantee against
the possibility of deletion, misdelivery or failure to store
communications, personalized settings, or other data. ECRNA expressly
disclaims all liability for errors or omissions in, or the misuse or
misinterpretation of, any information contained on the Site. ECRNA may
change information contained on the Site at any time and makes no
commitment to update the information contained on the Site. ECRNA does
not endorse, verify, evaluate or guarantee any information provided by
users and nothing shall be considered as an endorsement, verification
or guarantee of any third party content.
YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SITE. FURTHER, ECRNA
MAKES NO WARRANTIES REGARDING THE SITE. ECRNA AND ITS AFFILIATES AND
AGENTS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability and Indemnification
You agree to indemnify and hold ECRNA and its affiliates,
agents, employees, and licensors (including third party providers)
harmless from any claim, demand, loss, costs, or expense, including
attorneys' fees, made by any person arising out of your violation of
this Agreement, state or federal securities laws or regulations, or any
other person's rights, including but not limited to infringement of any
copyright or violation of any proprietary or privacy right. Under no
circumstances, including but not limited to a negligent act, will ECRNA
or its affiliates or agents be liable for any damages of any kind that
result from the use of, or the inability to use, the Site, even if an
ECRNA authorized representative has been advised of the possibility of
such damages.
Restrictions on Use
Except as otherwise permitted by ECRNA, no materials from the
Site or any site owned, operated, licensed, or controlled by ECRNA may
be copied, reproduced, republished, uploaded, posted, transmitted, or
distributed in any way. You may download material displayed on the Site
for non-commercial, personal use. If you do so, you agree to retain all
copyright and other proprietary notices contained on the materials. You
may not use, distribute, modify, transmit, or post the content of the
Site for public or commercial purposes, including any text, images,
audio, or video without ECRNA's written permission.
Trademarks and Copyrights
All contents of this Site are owned by ECRNA or its affiliates
or agents and are protected by United States copyright laws and
international treaty provisions. All content, trademarks, services
marks, trade names, logos, and icons are proprietary to ECRNA or its
affiliates or agents. Nothing contained on the ECRNA Services should be
construed as granting, by implication, estoppel, or otherwise, any
license or right to use any trademark displayed on the Site without the
written permission of ECRNA or such third party that may own the
trademarks displayed on the Site. Your use of the trademarks displayed
on the Site, or any other content on the Site, except as provided
herein, is strictly prohibited.
Images displayed through the Site are either the property of, or used
with permission by, ECRNA. You are prohibited from using or authorizing
the use of these images unless specifically permitted under the
Agreement. Any unauthorized use of the images may violate copyright
laws, trademark laws, the laws of privacy and publicity, or other
regulations and statutes.
Modifications to ECRNA Services
ECRNA reserves the right to modify or discontinue, temporarily
or permanently, the Site(or any part thereof) with or without notice.
You agree that ECRNA will not be liable to you or to any third party
for any modification, suspension, or discontinuance of the Site.
Term and Termination
The license granted under the AGREEMENT will terminate if
ECRNA believes that any information provided by you, including your
e-mail address, is no longer current or accurate, or if you fail to
otherwise comply with any term or condition of the Agreement for each
ECRNA Service. Upon such violation, you agree to terminate access to
the ECRNA Services. You agree that ECRNA, in its sole discretion and
with or without notice, may terminate your access to the Site, and
remove and discard any information or content on the Site.
Governing Law
The Agreement, and all future agreements you shall enter into
with ECRNA, unless otherwise indicated on such other agreement, shall
be governed by the laws of the State of Illinois, without regard to
conflicts of law principles thereof. This is the case regardless of
whether you reside or transact business with ECRNA in Illinois or
elsewhere. Unless a dispute would be governed by an applicable
arbitration clause, you agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Cook, Illinois.
If any part of the Agreement is unlawful, void, or unenforceable, that
part will be deemed severable and will not affect the validity and
enforceability of any remaining provisions.
Miscellaneous
Both you and ECRNA acknowledge and agree that no partnership
is formed and neither of you nor ECRNA has the power or the authority
to obligate or bind the other.
The failure of ECRNA to comply with this Agreement because of an act of
God, war, fire, riot, terrorism, earthquake, actions of federal, state
or local governmental authorities or for any other reason beyond the
reasonable control of ECRNA, shall not be deemed a breach of this
Agreement.
If ECRNA fails to act with respect to your breach or anyone else's
breach on any occasion, ECRNA is not waiving its right to act with
respect to future or similar breaches.
If any provision of this Agreement shall be unlawful, void or for any
reason unenforceable, then that provision shall be deemed severable
from these terms of use and shall not affect the validity and
enforceability of any remaining provisions.
This Agreement constitutes a binding agreement between you and ECRNA,
and is accepted by you upon your use of the Site or your account. This
Agreement constitutes the entire agreement between you and ECRNA
regarding the use of the Site and your account. By using the Site you
represent that you are capable of entering into a binding agreement,
and that you agree to be bound by this Agreement.
|
