|
|
Realgy, LLC
Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE
AND DISCLAIMERS CAREFULLY BEFORE USING
THIS WEB SITE. BY USING THIS WEB SITE,
YOU AGREE TO THESE TERMS OF USE. IF YOU
DO NOT ACCEPT ALL OF THESE TERMS OF USE,
DO NOT USE THIS SITE. IF YOU HAVE ANY
QUESTIONS ABOUT THESE TERMS OF USE, PLEASE
CONTACT TERMSOFUSE@REALGY.COM.
This Agreement is between you, the user
of the Realgy, LLC.com Web Site, the
licensor of Realgy, LLC, and Realgy,
LLC (the "Company"), for the
use of all, or part of the Company's products
and/or services and/or software and/or
the Company's Internet web site (collectively,
"the Services"). This Agreement
sets forth the terms and conditions governing
your use of this Web Site, currently located
at www.Realgy.com/RESALES or
the authorized licensor site (this "Site"),
and your use of the Services, and is in
addition to any executed and delivered
agreements by and between you and the
Company ("Other Agreements").
To the extent any conflict should exist
between any of the specific terms or provisions
of any Other Agreements and these Terms
of Use, the terms and provisions of such
Other Agreements shall be controlling
unless stated otherwise therein. This
Agreement also incorporates by reference
any other terms relevant to this Site,
including the Company's Realgy, LLC
Privacy Policy and Sales Policy.
The Content on this Site
The Company is providing the links and
information on this Site as a convenience
to you and is not responsible for the
accuracy or content of any such information
or linked web sites. You acknowledge that
the Company is not responsible for the
availability of, or the content located
on or through, any external site, and
that your reliance upon information contained
on this Site or on the linking to or content
of any external site is at your own risk.
The Company explicitly disclaims any responsibility
for the accuracy, content or availability
of information found on any sites that
link to or from this Site.
The Company, in its sole discretion, may
add, delete or change some or all of the
features of this Site at any time with
or without notice. The Company also reserves
the right at any time and from time to
time to modify or discontinue, temporarily
or permanently, the Services (or any part
thereof) with or without notice. You agree
that the Company shall not be liable to
you or to any third party for any modification,
suspension or discontinuance of the Services.
Sales Policy
Employees, agents, sub-agents, marketers, administrators, affiliates,
clients and trading partners (Stake Holders) using RealgyViewTM to sell Realgy
Energy Services’ natural gas, energy information or electricity are governed by the
Company’s Sales Policy. Questions or comments regarding these sales policies can be
addressed to Privacy Policy, available on this Site.
Intellectual Property
The materials, data and other information,
including all trademarks, service marks
and trade names, used or displayed on
this Site ("Intellectual Property)
are the property of the Company or the
licensors of such Intellectual Property
and are protected by applicable copyright,
trademark and other laws. This Agreement
does not grant you any rights in connection
with any current or future Intellectual
Property owned by the Company or such
licensors.
Realgy will enforce its intellectual property
rights to the fullest extent of the law.
The name of Realgy or the Realgy logo
may not be used in any way, including
in advertising or publicity pertaining
to distribution of Materials on this web
site, without prior written permission.
Realgy prohibits use of the logo as an
electronic link to any Realgy site unless
establishment of such a link is approved
in advanced by Realgy in writing.
Use of Software and Data
Any software or code downloaded by you
from this web site, including, without
limitation, any files, images incorporated
in or generated by the software, code
and data accompanying the software (collectively,
the "Software") is licensed
to you under terms of Realgy's standard
end-user license agreement or the specific
Terms of Use (whether supplied by Realgy
or a third party) applicable to any of
the Materials (the "License Agreement").
Your rights to use the Software are expressly
limited to the terms set forth in the
License Agreement or Terms of Use. Access
to or downloading of the Software does
not in any way transfer title to the Software,
or any intellectual property rights contained
therein, to you.
System Integrity
You may not use any device, software or
routine to interfere or attempt to interfere
with the proper working of this Site or
with any transaction conducted on this
Site. You may not take any action that
imposes or places an unreasonable or disproportionately
large load on the Company's infrastructure.
You may not disclose or share your password
with any third party or use your password
for any unauthorized purpose and are fully
responsible for all activities that occur
under your password or account. You agree
to notify the Company immediately of any
unauthorized use of your password or account
or any other security breach.
You agree that you will not use any robot,
spider, other automatic device, or manual
process to monitor, deep link with or
copy the Company's web pages or the content
contained herein without the Company's
prior written consent.
No Warranty
THE SERVICES AND THE INFORMATION, PRODUCTS
AND MATERIALS CONTAINED IN THIS SITE,
INCLUDING BUT NOT LIMITED TO ALL TEXT,
GRAPHICS AND LINKS, ARE PROVIDED BY THE
COMPANY ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND WITHOUT ANY
WARRANTY OR CONDITION, EXPRESS, IMPLIED
OR STATUTORY. TO THE MAXIMUM EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, THE COMPANY SPECIFICALLY
DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY, WITH RESPECT TO THE SERVICES
AND ANY SUCH INFORMATION, PRODUCTS AND
MATERIALS, INCLUDING WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT, FREEDOM FROM
COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS,
AND IMPLIED WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE.
THE COMPANY DOES NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR SECURE USE OF, OR ACCESS
TO, THE SITE OR THE SERVICES. OPERATION
OF THIS SITE MAY BE INTERFERED WITH BY
NUMEROUS FACTORS, INCLUDING BUT NOT LIMITED
TO TELECOMMUNICATIONS NETWORK DISRUPTIONS.
THE COMPANY DOES NOT GUARANTEE THE ACCURACY,
TIMELINESS OR COMPLETENESS OF ANY INFORMATION
ON, OR ACCESSIBLE VIA, THIS SITE OR THE
RESULTS OF YOUR USE OF THIS SITE.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS
BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE)
ARISING OUT OF OR IN CONNECTION WITH THE
USE, THE INABILITY TO USE, OR THE PERFORMANCE
OF THE SERVICES AND/OR PROVISION OF ANY
INFORMATION, PRODUCTS, MATERIALS OR LINKS
AVAILABLE ON, OR ACCESSIBLE VIA, THIS
SITE, EVEN IF THE COMPANY OR AN AUTHORIZED
REPRESENTATIVE OF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS SHALL
ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER
APPLICABLE LAW.
U.S Government Restricted Rights
The Materials on this web site are provided
with "RESTRICTED RIGHTS." Use,
duplication, or disclosure by the U.S.
Government is subject to restrictions
as set forth in applicable laws and regulations,
including, but not limited to, the restrictions
provided in DFARS 227.7202-1(a) and 227.7202-3(a)
(1995), DFARS 252.227-7013(c)(1)(ii) (OCT
1988), FAR 12.212(a) (1995), FAR 52.227-19,
or FAR 52.227-14 (ALT III), as applicable.
Indemnity
You agree to indemnify and hold the Company
and its subsidiaries, affiliates, officers,
directors, agents and employees, harmless
from and against any claim or demand,
including reasonable attorney's fees,
made by any third party due to or arising
out of your breach of this Agreement or
the documents it incorporates by reference,
or your violation of any law or the rights
of a third party.
Termination
The Company reserves the right to terminate
your access to this Site for any reason
or for no reason. You agree that any termination
of your access to this Site may occur
without prior notice to you. You also
agree that the Company will not be liable
to you or any other party for any such
termination.
General Compliance with Laws
You shall comply with all applicable laws,
statutes, ordinances and regulations regarding
your use of this Site.
Notices
Any notices you provide under this Agreement
to the Company shall be made via e-mail
addressed to: termsofuse@realgy.com. Notices
to you from the Company may be made via
either email or regular mail. The Company
may also provide notices of changes to
the Terms of Use or other matters by displaying
notices or links to notices to you generally
on the Site.
Applicable Law
This Site is controlled by the Company
from its offices within the State of Connecticut,
USA. The laws applicable to the interpretation
of these Terms of Use and to any dispute
of any sort that may arise between you
and the Company shall be the laws of the
State of Connecticut, USA, and applicable
federal law, without regard to any conflict
of law provisions. If any provision of
this Agreement is held to be invalid or
unenforceable by any court or tribunal
of competent jurisdiction, the remainder
of this Agreement will not be affected
thereby, and such provision will be carried
out as nearly as possible according to
its original terms and intent to eliminate
such invalidity or unenforceability.
The Company makes no representation that
the content on this Site is appropriate
for access outside of the United States.
Those who choose to access this Site from
outside the United States do so on their
own initiative and are responsible for
compliance with local laws.
By using this Site, you agree to the submission
of any dispute arising out of or relating
to this Agreement or the Company's services
to the state and federal courts of the
State of Connecticut, USA.
General Information
The Company may amend these Terms of Use
at any time by posting the amended terms
on this Site. This Agreement may not be
otherwise amended except in writing signed
by you and the Company. The failure of
the Company to exercise or enforce any
right or provision of these Terms of Use
shall not constitute a waiver of such
right or provision. The section titles
in these Terms of Use are for convenience
only and have no legal or contractual
effect. You agree that regardless of any
statute or law to the contrary, any claim
or cause of action arising out of or related
to use of the Services or the Terms of
Use must be filed within one (1) year
after such claim or cause of action arose
or be forever barred.
In addition to these Terms of Use, you
also may be subject to additional terms
and conditions that may apply when you
use affiliate services, third-party content
or third-party software.
This Agreement was last revised on November 4, 2003.
|