Terms of Use
BidMyElectricityRate.com its assigns and affiliates (BidMyElectricityRate.com, known as “BMER”) maintain this website and all associated features, products, and services (the “Website”). You should read these Terms of Use along with our Privacy Statement (link Privacy Statement) carefully before using the Website. Access to and use of this Website is subject to the terms and conditions set forth below, and your use of the Website signifies and constitutes your acceptance of this Website Agreement. If you do not agree to this Website Agreement, you should not use the Website. BMER may revise the terms of use applicable to the publicly available sections of the Website from time to time. Although we may include a notice on the home page of the Website that such terms have been modified, we will not do so for any extended period of time. Accordingly, you should review the terms of use applicable to the publicly available sections of the Website from time to time. Using the Website after any revised terms of use has been posted will constitute your acceptance of the revised terms.
Terms of Use
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II. WEBSITE CONTENT; TRADEMARKS; INTELLECTUAL PROPERTY RIGHTS
Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data, pricing information, and other materials (the “Content”) and all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques, and other technology (the “Technology”) displayed, used, or incorporated on the Website are copyrights, trademarks, service marks, trade secrets, or other intellectual property or proprietary content owned or licensed by BMER. You may use the available Content and Technology only for your own internal and informational purposes, but you may not reverse-engineer or decompile any of the Technology. You may print out a single copy of available Content solely for those purposes, but you may not remove any copyright, trademark or other notice displayed on the corresponding webpage or print-out. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the available Content and Technology, in whole or in part, for any purpose without our written permission. Nothing in this Website Agreement shall be construed as granting any permission (except as set forth in this paragraph), right, or license in any of the Content or Technology. All intellectual property rights are fully reserved by BMER and any third party owners of those rights. The trademarks, service marks, and logos used and displayed on the Website are trademarks of BMER and others. Elements of the Website are protected by copyright, trade dress and other laws and may not be copied or imitated, in whole or in part. No right or license to use any trademark, service mark, logo, graphic, sound, image, or other aspect of the Website is granted by this Website Agreement or your ability to use the Website.
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III. LINKS TO AND FROM OTHER WEBSITES
Some portions of the Website may include links to third-party Websites. In addition, you may have entered the Website via links on other third-party websites. Such links are provided as a convenience, and BMER is not responsible for the information, advertising, products, services, content, or other material of any third-party website, regardless of whether such third-party website links to BMER’S website or is accessible by a link from BMER’s website. The inclusion and use of links does not imply sponsorship or endorsement by BMER of any other website.
IV. USE OF “COOKIES” AND SIMILAR TOOLS
You understand and agree that BMER may store information on your computer in the form of a “cookie” or similar tool for purposes of improving the functionality of the Website. The BMER website provides additional information regarding BMER’s use of cookies and similar tools
V. DISCLAIMER OF WARRANTIES
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING PRODUCTS, SERVICES, INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. BMER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, SERVICES, OR MATERIALS ASSOCIATED WITH THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEWAGE DOES NOT WARRANT OR REPRESENT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND ITS SERVER WILL BE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BMER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (i) MERCHANTABILITY OR SATISFACTORY QUALITY, (ii) FITNESS FOR A PARTICULAR PURPOSE, (iii) TITLE, AND (iv) NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.
VI. LIMITATIONS ON LIABILITY
In no event shall BMER, its agents, licensors, or vendors, or any other person or entity involved in creating, promoting, maintaining, hosting, or otherwise making available any Content or other aspect of the Website, be liable to you or any other person or entity for any indirect, incidental, special, consequential, punitive, or other such damages, including but not limited to damages associated with any: (i) loss of goodwill, profits, business interruption, data, or other intangible losses; (ii) your inability to use the Website, any unauthorized use of the Website, or any function of the Website or failure of the Website to function; (iii) unauthorized access to or tampering with any transmissions or information concerning you; (iv) the provision of or failure to provide any service; (v) errors or inaccuracies contained on the Website or any advertising, information, software, products, services, and related graphics used, viewed, or obtained through the Website; or (vi) any property loss including damage to your computer or computer system caused by viruses or other harmful components encountered during or on account of access to or use of this Website or any third-party website linked to this Website. These limitations of liability shall apply regardless of the form of action, whether based in contract, negligence, strict liability, other tort, or otherwise, and even if BMER has been advised of the possibility of any particular damages. To the extent you allege or assert any damages associated with the Website, which are not excluded by the foregoing, then BMER’s liability (and that of its agents, licensors, or vendors) for such damages shall not exceed one hundred dollars ($100.00).
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