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| | Legal Disclaimer These terms of use (“Terms of Use”) constitutes a valid, binding contract between you and Constellation Energy Group, Inc., or one of its affiliates ("us" or "we"), the owner and operator of this website (the “Site”), with respect to the use of the Site. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. If you do not accept these Terms of Use, then do not use this Site. We reserve the right to amend these Terms of Use at any time at our sole discretion and without notice to you. Please print a copy of this agreement for your records.Use of Site This Site has been prepared primarily for the purpose of providing information about us. This Site has been compiled and is maintained by us, but we make no representation as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors, or may become out of date. We make no commitment, and disclaim any duty, to update any of the information contained in this Site. We reserve the right to add, modify or delete any information contained in this Site at any time without notice to you.Account, Password, Security and Confidentiality You are entirely responsible for maintaining the confidentiality of your account number, user name, password, and all activities that occur under your account. You agree to maintain all information on this Site in strict confidence, including but not limited to all customer and prospect information, sales support information, service accounts, customer electricity usage and rates information, payment amounts and status information, market analysis and information, and any of your agreements with us. You agree to immediately provide notice to us upon any unauthorized use of your account. We will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time. You will comply with all of the terms of your agreement with us.Copyrights and Trademarks We authorize you to view and download the materials in this Site only for your personal and non-commercial use, provided that you retain all copyright, trademark and other proprietary notices contained in the original materials on any copies you make of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other Site or networked computer environment for any purpose is prohibited. The materials in this Site are copyrighted and contain our trademarks, and any unauthorized use of any materials at this Site may violate applicable copyright, trademark, and other laws.
Warranty Disclaimer The information provided in this Site and related communications are provided on an "As Is" basis for information purposes only. WE PROVIDE NO WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.Limitation on Liability In no event will we be liable to any party for any indirect, incidental, special, punitive, exemplary or consequential damages for any use of this Site, whether based in tort, negligence, contract, warranty or otherwise, including but not limited to your use or inability to use this Site, the accuracy or completeness or reliability of information or materials provided, your reliance on information or materials provided, any other hypertext linked Site, or any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, OUR LIABILITY TO YOU SHALL NOT EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST US ARISING OUT OF THE USE OF THIS SITE.Indemnification You agree to defend, indemnify, and hold harmless us and our affiliates, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.Third Party Web Sites We make no representations whatsoever about any other third party Web site which you may access through hypertext links in this Site. When you access any such third party Web site, you acknowledge and agree that it is independent from us, and that we have no control over the content of any such Web site. In addition, a link to such third party Web site does not mean that we endorse or accept any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. Additionally, such Web sites may have cookies and collect personally identifiable data.Term and Termination If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.Modification We may update, revise, supplement, modify or amend these Terms of Use at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by these Terms of Use, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.Entire Agreement These Terms of Use constitute the entire agreement between you and Constellation NewEnergy, Inc. with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in these Terms of Use. The terms herein as they relate to accessing certain aspects of our Site are supplemented by any applicable Access Agreements. If you are a customer or business partner of Constellation NewEnergy who has a written agreement with us or any affiliate, this Agreement is subject to, and governed by, the terms of any such written agreement.Severability If any provision of these Terms of Use is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity or enforceability of any remaining provisions.Governing Law and Venue The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site you agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).This contract is fully performable in New York, New York. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in New York, New York. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto. Electronic Communications You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your e-mail address please click here and review our Privacy Policy.Termination We may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of these Terms of Use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.Contact Information
If you have any questions about this policy, please contact: | | |
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