(Revised January 28, 2013)
Thank you for visiting the Liberty Power web site. Liberty Power operates through various legal entities to provide retail electricity and related services in the states open to retail electric competition. Those Liberty Power companies and affiliates (as they may change from time to time) are collectively referred to in this website as “Liberty Power”, “we, “us” or “our”, and this website is referred to as the “Site” or the “Liberty Power Site.” Information contained on this Site may refer generally to all Liberty Power activities, or, as the context indicates, to specific jurisdictions or activities.
The trademarks, service marks, trade names, logos and other indications of origin displayed within the Liberty Power Site are owned by Liberty Power.
While using the website or any service, you may not:
- retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of the website or any portion thereof without Liberty Power’s prior written consent;
- upload, post, publish, transmit, reproduce, or distribute through the website any material that infringes any third party’s copyright, patent, trademark, service mark, trade dress, trade secret, or other proprietary rights, or which violates any contractual, fiduciary, or judicially-imposed nondisclosure obligations;
- engage in conduct, during use of the website, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous, or invasive of the privacy or publicity rights of others;
- upload, post, publish, transmit, reproduce or distribute through the website any material that contains advertising solicitations, bulk unsolicited e-mails or spam, chain letters, pyramid opportunities, or offers for the sale of goods or services;
- upload, post, publish, transmit, reproduce, or distribute through the website, or place any links on the website to, any material that is vulgar, obscene, profane, hateful, sexually explicit, or otherwise objectionable;
- alter, interfere, or disrupt the content or functioning of the website or Liberty Power’s service, including but not limited to uploading, posting, or transmitting any material that (a) contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, interfere with, capture, intercept, or expropriate the website or any data contained therein; or (b) disproportionately burdens the operation of the website;
- use the website to gain unauthorized entry or access to other computer systems or networks;
- “mirror” the website or any of its content on any other server without the express prior written permission of Liberty Power;
- impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any content that you post, or otherwise transmit to us via the website; or
- upload, post, publish, transmit, reproduce or distribute through the website any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or government order.
The website and any content, information, software, functions, and applets provided on or through the website are made available on an “as is” and “as available” basis. Liberty Power does not warrant that the website or any content or service provided in connection with the site will be timely, secure, uninterrupted, or error-free, or that defects in the website or in any content or service provided on or through the website will be corrected.
Liberty Power will not be responsible for errors, omissions, interruptions, deletions, defects, or delays in the operation or transmission of the website or any services or related content, for communication line failures, or for computer viruses associated with the operation of the website. Liberty Power makes no warranty regarding any information made available through or on the website.
LIBERTY POWER MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers (“Trademarks”) used and displayed on the website are registered and unregistered Trademarks of Liberty Power and others in the United States and other countries. No display or use of such Trademarks may be made without the express prior written permission of Liberty Power or other Trademark owner, as the case may be. You may not use any meta tags or any other “hidden text” using Liberty Power’s name or Trademarks without the express prior written permission of Liberty Power.
Links and Third-Party Websites
The website may display links to other websites or electronic services sponsored by third parties. If you click on one of these links, you will leave the website and go to the site of a third party. In addition, if you request certain content appearing on the website, you may be taken to a third party’s site that is hosting the content. In some cases, the third party’s content may be presented in such a way that it appears you are still on the website. Liberty Power is not responsible for the content or operation of third-party websites or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply that Liberty Power endorses or is affiliated with such websites, services, or third parties, or any services or products offered therein or thereby.
Registration and Site Security
Liberty Power uses industry standard encryption technologies when transferring and receiving consumer data exchanged with the Liberty Power Site. Liberty Power service request forms use Secure Sockets Layer encryption technology during data transmission in an effort to protect your communication and maintain your privacy.
By using the Liberty Power Site you agree to provide and maintain on our records, current and accurate personal information as indicated to you during our registration processes. If you provide any information which is inaccurate or outdated, or if we have reasonable grounds to question the truthfulness the information provided, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Liberty Power Site (or any portion thereof).
You also agree to promptly notify us of any unauthorized use of your username, password, other account information or personal information, or any other breach of security that you become aware of involving or relating to any Liberty Power Site. In addition, you agree to properly exit or log off from your account at the end of each session.
YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION, AND THAT WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH LOSSES OR DAMAGES.
LIBERTY POWER, ITS AFFILIATES OR SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law, Jurisdiction and Venue
WE RESERVE THE RIGHT TO MODIFY OR CHANGE THE LIBERTY POWER SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT, INFORMATION OR MATERIALS APPEARING ON OR AVAILABLE THROUGH THE LIBERTY POWER SITE FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE TO YOU.