Agreement; Modifications to this Statement
By using our website, you indicate that you agree with the terms of our Policies. If you do not agree with them, please do not use our website. We may revise the Policies at any time for any reason and will post any changes on this website. If you continue to use our website after we post a change, this means you agree with the new terms of the Policies.
Copyright and Trademark
All material on our website is protected by United States and international copyright law. You must abide by all copyright restrictions contained in our website. You may not reproduce, distribute (in any form including over any local area or other network or service), enter into a database, display, perform, create derivative works of, sell, license, or otherwise use any materials (including computer program and other code) in our website, except that you may download material from our website in the form of one machine readable copy that you will use only for personal, noncommercial purposes, and only if you do not alter the material or remove any trademark, copyright or other notice displayed on the material.
CONEDISON®, CONEDISON CLEAN ENERGY BUSINESSES®, and other logos, indicia, and trademarks featured in our Web site are trademarks owned by Consolidated Edison, Inc. and its affiliates in the United States and other countries (“Our Trademarks”). You may not use Our Trademarks in connection with any product or service that does not belong to us, nor in any manner that is likely to cause confusion among users about whether we are the source, sponsor or endorser of the product or service, nor in any manner that disparages or discredits us.
OUR WEBSITE IS AVAILABLE “AS IS” AND “AS AVAILABLE.” WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN MATERIALS AVAILABLE THROUGH OUR WEBSITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR WEBSITE. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE OR INTENDED USE HAS BEEN DISCLOSED) WITH RESPECT TO OUR WEBSITE OR ANY MATERIAL ON OUR WEBSITE, SERVICES OR GOODS THAT ARE AVAILABLE, ADVERTISED OR SOLD THROUGH OUR SITES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE FEATURES TO OUR WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH IT SOLELY AT YOUR OWN RISK.
Limitation of Liability
CONEDISON CLEAN ENERGY BUSINESSES AND ITS OFFICERS, DIRECTORS, TRUSTEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ARE NOT LIABLE FOR (1) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, SITE SERVICES, SITE MATERIALS, THIS AGREEMENT OR YOUR USE OF THEM, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR LEGAL OR EQUITABLE THEORY OR (2) ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN OUR WEBSITE, INCLUDING ANY CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION IN THIS AGREEMENT.
You agree to indemnify us and our officers, directors, trustees, parents, subsidiaries, affiliates, agents, and licensors against all losses, expenses, damages and costs, including reasonable attorneys’ fees, we incur as a result of your violation of these Policies, or, if you are a subscriber to any of the services on our website, your failure to fulfill any obligations relating to your account, whether incurred by you or any other person using your account. We have the right, but not the obligation, to take over the exclusive defense of any claim for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.
Governing Law and Forum Selection
Use of this website shall be governed in accordance with the laws of the State of New York, without regard to New York State’s conflicts of laws rules. You agree to submit any dispute arising out of or in connection with your use of our website to the exclusive jurisdiction of the state and federal courts sitting in the State and County of New York, and you waive any jurisdictional, venue or inconvenient forum objections to such courts.
If any provision of these Policies is determined to be unlawful, void, or unenforceable, then that provision will be deemed severed from these Policies and will not affect the validity and enforceability of any remaining provisions.
If the foregoing limitation is held to be unenforceable, our maximum liability will not exceed the amount you paid, if any, for use of our website during the period when your claim accrued. Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.