SITE USER AGREEMENT. The Brite Energy website is comprised of various web pages operated by Brite Energy or its affiliates or contractors (collectively, the “Site”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices. Additionally, various Brite Energy web pages may themselves contain additional terms that govern particular features or offers (for example, sweepstakes areas). In the event that any of the terms, conditions and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Brite Energy web page, then these terms shall control. If you do not agree to these terms, do not use this Site.
PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Site without the written consent of Brite Energy.
LINKED SITES. Although this Site may be linked to other sites (“Linked Sites”), Brite Energy is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the Linked Site. By entering this Site you acknowledge and agree that Brite Energy has not reviewed all the sites linked to this Site and is not responsible for the content of any off-site pages or any other site linked to this Site. Brite Energy is not responsible for webcasting or any other form of transmission received from any Linked Site. Brite Energy is providing these links to you only as a convenience. Your linking to any other off-site pages or other sites is at your own risk. BY LINKING TO THE BRITE ENERGY WEB SITE (” SITE “), YOU AGREE THAT YOU WILL ABIDE BY THE LINKING TERMS BELOW. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT LINK TO THIS SITE. By linking to the Brite Energy Site, you agree that you will not, directly or indirectly:
Violate any applicable trademark, copyright or other law in connection with your linking to the Site, or otherwise unlawfully copy or replicate Site content;
Frame or “deep link” to the Site content, or otherwise indicate that the Site content is the property of anyone other than Brite Energy;
State or imply that Brite Energy is endorsing you, your company or business, your website or its contents, your products or services;
Publish false, misleading or inaccurate information about Brite Energy or its products or services, or that of any of the Brite Energy affiliates or their respective products and services;
Disparage Brite Energy or its products or services, or any Brite Energy affiliates or their respective products and services;
Use Brite Energy trademarks, logos, copyrighted material or other intellectual property without first receiving prior written permission from Brite Energy;
Include on your site, or link to your site, any illegal material or material that a reasonable person could consider pornographic, sexually suggestive, violent, racist or otherwise distasteful, offensive or controversial;
Attempt to interfere with the normal operation of the Site in any way, or change or delete any proprietary notice relating to materials downloaded from the Site.
LIMITED LICENSE. Subject to the foregoing Brite Energy hereby grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification or use of the material on this Site for any other purposes violates Brite Energy’s legal rights. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights. Except for this limited license, Brite Energy grants no express or implied right to you under any patent, trademark, copyright, trade secret or other information.
NO WARRANTY. Although the specifications, features, illustrations, equipment and other information contained in the Site are based upon up-to-date information, and while Brite Energy makes all reasonable efforts to ensure that all material on this Site is correct, accuracy cannot be guaranteed and Brite Energy makes no warranties or representations as to its accuracy. UNDER NO CIRCUMSTANCES WILL BRITE ENERGY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE. You may not use or rely on any INFORMATION, PRODUCT OR SERVICE OBTAINED FROM THE SITE OR FROM A LINKED SITE except to the extent provided in a formal contract (whether “click through” or otherwise, a “contract”) you may enter into with Brite Energy. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED FROM A LINKED SITE. All content information and materials contained in this Site are provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND/OR ACCURACY.
PRODUCT AND SERVICE AGREEMENTS; OTHER AGREEMENTS. In the event you elect to obtain Brite Energy consumer products or consumer services either through this Site or through other means, your relationship with Brite Energy shall be governed by a Contract that you shall be required to execute, and that shall control over any inconsistent term, condition, provision or information contained on the Site. Brite Energy products and services are available only in certain geographic regions within the United States of America.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Site, you warrant to Brite Energy that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Site in any manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
MATERIALS PROVIDED TO BRITE ENERGY OR POSTED AT THE BRITE ENERGY WEB SITE. Brite Energy does not claim ownership of the materials you provide to Brite Energy (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Brite Energy, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Brite Energy is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Brite Energy’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
TERMINATION/ACCESS RESTRICTION. Brite Energy reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
GENERAL. This Site is designed for use in the United States and is to be construed and evaluated according to United States law. If you use this Site from locations outside the United States, you are responsible for compliance with any and all applicable local laws. Brite Energy makes no representations that the materials contained within this Site are appropriate for locations outside the United States. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation, this paragraph. Users of the Site agree to submit to the laws of the United States and the State of Texas, without regard to principles of conflicts of laws contained therein. Users also agree to submit to jurisdiction and venue in Dallas County, Texas. You agree that no joint venture, partnership, employment or agency relationship exists between you and Brite Energy as a result of this agreement or use of the Site. The Site is subject to existing laws and legal process, and nothing contained herein is in derogation of Brite Energy’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, or information provided to or gathered by Brite Energy with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder hereof shall continue in effect. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between the User and Brite Energy with respect to the Site and your use thereof, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brite Energy with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial, arbitral, administrative or other proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.