September 13, 2017
This Web site is operated by Pacific Gas and Electric Company for itself and San Diego Gas & Electric Company, and Southern California Edison Company (collectively, “Investor-Owned Utilities” or “IOUs”). The Web site is hosted by Media Macros, Inc. In these Terms of Use, "we" and "us" means the IOUs and Media Macros, Inc.
The LocalEnergyCodes.com Web site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. Your use of the LocalEnergyCodes.com 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. The California Statewide Codes & Standards Program (“C&S Program”) is funded by California utility customers under the auspices of the California Public Utilities Commission and implemented by the IOUs.
MODIFICATION OF THESE TERMS OF USE
We reserve the right to change the terms, conditions, and notices under which the LocalEnergyCodes.com Web site is offered, including, but not limited to, the charges associated with the use of the LocalEnergyCodes.com Web site.
GENERAL
Through the LocalEnergyCodes.com Web site, we provide a variety of information and services to our participants. You may use the LocalEnergyCodes.com Web site and its content solely for your own internal residential or business purposes and pursuant to these Terms of Use; you may not use the LocalEnergyCodes.com Web site or its content for the purpose of competing with the IOUs or its agents. You may view, download and use material displayed on the Web site, provided you retain all copyright, trademark and other proprietary notices displayed on the materials. Resale of these materials is prohibited.
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 LocalEnergyCodes.com Web site. Use of the LocalEnergyCodes.com 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 us as a result of this agreement or use of the LocalEnergyCodes.com Web site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the LocalEnergyCodes.com Web site or information provided to or gathered by the IOUs 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 us with respect to the LocalEnergyCodes.com Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the LocalEnergyCodes.com 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. LocalEnergyCodes.com displays links to websites or electronic services sponsored by third parties. We are 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 that we endorse or are affiliated with such third-party websites, services or third parties, or any services or products they offer. The submitting third parties, and not the IOUs , 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 Web site. The LocalEnergyCodes.com Web site may not be linked to in such a way that the pages of the LocalEnergyCodes.com 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 LocalEnergyCodes.com Web site. The fact that a third party provides a link to the LocalEnergyCodes.com Web site will not in any way be or imply an endorsement, agency, joint venture or similar relationship between the IOUs 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 Web site for display on or use with any Web site or service.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the LocalEnergyCodes.com Web site, you warrant that you will not use the LocalEnergyCodes.com Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the LocalEnergyCodes.com Web site in any manner which could damage, disable, overburden, or impair the LocalEnergyCodes.com Web site or interfere with any other party's use and enjoyment of the LocalEnergyCodes.com 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 LocalEnergyCodes.com Web site.
MATERIALS PROVIDED TO LOCALENERGYCODES.COM OR POSTED AT ANY LOCALENERGYCODES.COM WEB SITE
The IOUs do not claim ownership of the materials you provide to LocalEnergyCodes.com (including comments, feedback, and suggestions) or post, upload, input or submit to any LocalEnergyCodes.com Web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting the IOUs, 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. We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the IOUs’ 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
We do not make 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 LocalEnergyCodes.com 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 LOCALENERGYCODES.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LOCALENERGYCODES.COM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE LOCALENERGYCODES.COM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE LOCALENERGYCODES.COM 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.
WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LOCALENERGYCODES.COM 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. WE AND OUR 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 WE AND/OR OUR 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 LOCALENERGYCODES.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE LOCALENERGYCODES.COM 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 LOCALENERGYCODES.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE LOCALENERGYCODES.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE 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 LOCALENERGYCODES.COM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LOCALENERGYCODES.COM WEB SITE.
TERMINATION/ACCESS RESTRICTION
We reserve the right, in our sole discretion, to terminate your access to the LocalEnergyCodes.com Web site and the related services or any portion thereof at any time, without notice.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the LocalEnergyCodes.com Web site are: Copyright ©2017 Pacific Gas and Electric Company, San Diego Gas and & Electric Company, and Southern California Edison Company and/or their suppliers. All rights reserved, except that document templates made available through the LocalEnergyCodes.com Web site may be used, copied, and distributed, but not for resale. Individual documents, software, and/or other content of LocalEnergyCodes.com may contain additional Copyright and/or Trademark notices.
COPYRIGHTS
All content on the LocalEnergyCodes.com Web site, including all documents, 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 & Electric Company, and Southern California Edison Company 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 Company, and Southern California Edison Company 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 Company, and Southern California Edison Company 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 Company, and Southern California Edison Company or other Trademark owner, as the case may be. You may not use any meta tags or any other “hidden text” utilizing the IOUs’ name or Trademarks without the express prior written permission of Pacific Gas and Electric Company, San Diego Gas and Electric Company, and Southern California Edison Company.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
If you believe that material included on the LocalEnergyCodes.com 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.
