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Web Site Terms of Use
Urban Energy Source Web Site Access Agreement
(Effective: August 2, 2005)
This document states the Terms and
Conditions under which you may use this Web Site, which is owned by Urban Energy
Source, LLC (“UES” or “Urban Energy”). Urban Energy Source, LLC grants you
access to Urban Energy’s Web Site(s) subject to your acceptance of and
compliance with the terms and conditions set forth below, including all
documents, policies and guidelines incorporated herein (the “Agreement”). PLEASE
READ THIS AGREEMENT CAREFULLY. By accessing, browsing, or using this Web Site,
you agree to be bound by the terms and conditions set forth herein and by all
documents, policies, and guidelines incorporated by reference. This Agreement
does not alter in any way the terms and conditions of any other written or
online agreement you may have or will have with Urban Energy. If you do not
accept this Agreement, please DO NOT use this Web Site. UES, in its sole
discretion, may at any time revise or change any of the terms and conditions
contained in this Agreement or any policy or guideline referenced herein. Any
change to this Agreement will be effective upon posting of the revised or new
Agreement on this Web Site. You are advised to visit this page periodically to
review these Terms and Conditions.
This Web Site was prepared solely for providing information about Urban Energy
Source, LLC and to provide a space where potential customers could enroll for
service and where existing customers may review account information or
communicate with us. UES has compiled this Web Site in good faith; however, no
representation is made as to the completeness or accuracy of the information
contained herein. Specifically you should be aware that this information may be
incomplete or may contain errors, or may become out-of-date. UES makes no
commitment, and disclaims any duty to update any of the information contained in
this Web Site or in any of UES’ news releases.
Privacy Policy
UES believes that your privacy is of paramount importance and that a user’s
individually identifiable information needs to be protected from improper
disclosure. Please review our Privacy Policy to learn more about our information
collection, use, disclosure, and protection policies and practices.
Copyright and Authorized Access
The contents of this site, including without limitation, the design, text,
statements, logos, slogans, graphics, images, pictures, sound files, documents,
forms, and other files, and the selection and arrangement thereof (collectively
“Materials”) are copyright protected property of UES and/ or its licensors. You
are granted a limited, non-sublicensable right to access our Web Site and print
the Materials for your personal, non-commercial, and informational use only. You
may not sell or reproduce, modify or distribute, publish or otherwise use any of
the Materials in any manner for any public or commercial use. By this Agreement,
you agree to retain, on any copy that you make of the Materials, all copyright
and other proprietary notices contained in the original Materials. Additionally
you are prohibited from making derivative uses of this Web Site or the
Materials. Use of the Materials on any other web site or in a networked
environment is prohibited. Any unauthorized use of the Materials or this Web
Site may violate copyright, trademark, and other laws and will terminate any
permission or license granted by this Agreement.
If you use any part of our Web Site that requires a username or password, then
you are responsible for and assume the responsibility of maintaining the
confidentiality of that username and password. You are also responsible for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You agree to notify
UES immediately in the event that the security or confidentiality of your
account or password is compromised. UES reserves the right to take any and all
action, that we deem necessary or prudent, to ensure the security of our Web
Site and your account. Such action includes, without limitation, terminating
your online account, resetting your password, or requiring that additional
information be provided to authorize transactions on your account.
Notwithstanding any of the foregoing, UES may rely on the authority of anyone
accessing your account or using your password, and in no event and under no
circumstances shall UES be held liable to you for any liabilities or damages
that may result from or arise out of: 1) any action or inaction of UES, 2.) any
compromise of your account or password, and 3.) any unauthorized access to your
account or use of your password. Any unauthorized use of this Web Site may
violate copyright, trademark, and other laws and will terminate any permission
or license granted by this Agreement. All violators will be prosecuted to the
fullest extent of the law.
Trademarks and Service Marks
The names, logos, trademarks and service marks appearing on this Web Site are
registered and unregistered trademarks of Urban Energy Source, LLC and may not
be copied, imitated, or used, in whole or in part, without the prior written
consent of Urban Energy Source, LLC or, if applicable, its licensor.
Additionally, the Materials (see Copyright section of this Agreement) are
covered by trademark, trade dress, copyright or other proprietary law, and
except as provided for in this Agreement, may not be copied, imitated, or used,
in whole or in part, without the prior written consent of Urban Energy Source,
LLC. UES’ trademarks, trade dress, and service marks may not be used in any
manner that could possibly cause confusion among customers or in any manner that
disparages or discredits Urban Energy Source, LLC. All other trademarks, service
marks, product and service names, and company names and logos that may appear on
this Web Site from time to time, are the property of their respective owners who
may or may not have any affiliate or other relationship with UES. Any such marks
are clearly noted and Urban Energy Source, LLC makes no claim to ownership of
such marks. You may not use any metatags or any other “hidden text” utilizing an
Urban Energy Source name, trademark, or product name without our express written
consent.
Service Enrollment
If you enroll or sign up for Electricity Service with Urban Energy, using an
online Enrollment Form on this Web Site, then:
i. You acknowledge and understand that by completing the Enrollment Form
(“Form”), either electronically or in writing, you agree to switch your
Electricity Service (“service”) to Urban Energy Source, LLC for all of the
accounts listed therein. You also acknowledge and understand that the switch in
service to UES will occur on the next available meter read date(s) for the
account(s) unless specified otherwise on the Pricing Schedule that is part of
the Service Agreement with UES. You further agree to be bound by the Terms and
Conditions of UES’ Service Agreement and by the Pricing Schedule and any
conditions set forth therein, and by any Special Provisions or other attachments
that are incorporated by reference into the Service Agreement. You also
acknowledge and understand that the ‘Service Agreement’, ‘Pricing Schedule’, and
any other applicable documents will be provided to you only after your service
enrollment request is approved.
ii. You understand, acknowledge, and agree that completing the Enrollment Form
does not obligate UES to provide service to you. You understand and acknowledge
that UES will review your historical usage data and may research your credit and
bill payment history. You further understand that based on wholesale market
conditions, your historical usage, your credit, or any combination of those
factors, UES may not have an appropriate product with which to provide service
to you profitably and may therefore decline your enrollment request.
iii. You acknowledge and understand that the Price and the Term (start- and end-
date) of UES’ Electricity Service will be described and detailed on the Pricing
Schedule.
User Submissions
UES welcomes your comments and inquiries regarding our products and services,
and our Web Site. However, UES strongly discourages you from sending us any of
your creative or proprietary materials.
You agree that any materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, inventions, original or creative
materials, or other information (collectively, the “Information”), provided by
you in the form of E-mail or postings to or on our Web Site, are
non-confidential (except for any individually-identifiable information provided
and subject to UES’ Privacy Policy) and you grant UES a nonexclusive,
royalty-free, perpetual, irrevocable, and fully sub-licensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display the Information throughout the world in any media now
known (or hereafter developed) with or without acknowledgement or compensation
to you and in UES’ sole discretion. You represent and warrant that you own or
otherwise control all of the rights to the Information that you post: that the
information is accurate; that use of the Information you provide does not
violate this Agreement and will not cause injury to any person or entity; and
that you will indemnify and hold harmless Urban Energy for all claims resulting
from the Information that you supply.
As a user of this Web Site, you are prohibited from: sending any material that
infringes on any other intellectual property rights of others or on the privacy-
or publicity- rights of others; sending material of any kind that is vulgar,
obscene, hateful, threatening, harassing, embarrassing, or abusive to another
user of this Web Site or to any other person, group, or entity. Additionally,
you should not: send any advertisements or solicitations of business; send chain
letters or pyramid schemes; send any sexually-explicit images; or impersonate
another person.
Disclaimers & Limitation of Liability
Despite Urban Energy’s efforts to maintain accuracy of the Materials on this Web
Site, the Materials may contain inaccuracies or typographical errors. It is
solely your responsibility to evaluate the accuracy, completeness, and
usefulness of the Materials on this Web Site. You use this Web Site at your own
risk. Urban Energy reserves the right to change any and all content contained on
the Web Site at anytime and without notice. Any reference to any products,
services, processes, or other information, by trade name, trademark,
manufacturer, supplier, or otherwise does not constitute or imply endorsement,
sponsorship, or recommendation thereof by Urban Energy.
THIS WEB SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS OR SERVICES INCLUDED ON THE WEB SITE. YOU EXPRESSLY AGREE THAT USE OF
THIS WEB SITE, INCLUDING ALL CONTENT, DATA, DOCUMENTS, OR SOFTWARE, DISTRIBUTED
BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS WEB SITE IS AT YOUR SOLE RISK
AND RESPONSIBILITY.
URBAN ENERGY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD-PARTIES
RIGHTS. URBAN ENERGY DOES NOT WARRANT THAT THE MATERIALS ON THIS WEB SITE ARE
CURRENT, ACCURATE, COMPLETE, RELIABLE, ERROR-FREE, SUBJECT TO CORRECTION OR THAT
ANY SUCH MATERIALS, AVAILABLE FOR DOWNLOAD FROM THE WEB SITE, ARE FREE OF
MALICIOUS COMPUTER PROGRAMS LIKE VIRUSES, WORMS, TROJAN HORSES, OR OTHER
COMPUTER CODE THAT MANIFESTS HARMFUL OR CONTAMINATING PROPERTIES. ALTHOUGH URBAN
ENERGY STRIVES TO ENSURE THAT YOUR ACCESS AND USE OF OUR WEB SITE IS SAFE, URBAN
ENERGY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEB SITE OR ITS
SERVER(S) WILL OPERATE ERROR-FREE, BE UNINTERRUPTED OR FREE FROM UNAUTHORIZED
ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL-OF-SERVICE ATTACKS). IF YOUR USE
OF THE WEB SITE, OR THE MATERIALS CONTAINED THEREIN, RESULTS IN ANY COSTS OR
EXPENSES, INCLUDING WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, URBAN ENERGY SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR
EXPENSES.
Disclaimer of Consequential Damages
IN NO EVENT SHALL URBAN ENERGY, ITS AFFILIATES, OR ANY THIRD-PARTY MENTIONED ON
OUR WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR DAMAGES RESULTING
FROM LOSS OF DATA OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OR THE
INABILITY TO USE THIS WEB-SITE OR THE MATERIALS OR TRANSACTIONS PROVIDED ON OR
THROUGH THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON
WARRANTY-, CONTRACT-, TORT-, PRODUCT LIABILITY-, STRICT LIABILITY-, OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT URBAN ENERGY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Links
This Web Site contains hypertext links to third party owned web sites. Such
links are provided as a convenience to our site visitors, and are strictly not
an endorsement by UES of the content on those web sites. UES is not responsible
for the content on any hypertext linked web site and makes no representation of
the content or accuracy of materials on such web sites. If you visit any such
third party web site, you do so at your own risk.
Indemnification
By using this Web Site, you agree to indemnify, defend, and hold harmless,
Urban Energy Source, LLC, its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to Urban Energy’s Web Site,
from and against all losses, expenses, damages, and costs, including reasonable
attorneys’ fees, resulting or arising from your violation of this Agreement or
from your use of the Materials of this Web Site or your violation of any rights
of a third party.
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable
for any reason, then such provision shall be deemed severable from this
Agreement and the remaining provisions of this Agreement shall continue to be
valid and enforceable. If a court finds that any provision of this Agreement is
invalid or unenforceable, but that by limiting such provision it would become
valid and enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
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Urban Energy Source, LLC 
