BLOG SITE TERMS OF USE
NOTE: BY USING THIS BLOG SITE, YOU WILL BE ACCEPTING THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS BLOG SITE.
We may at any time modify or discontinue any aspect or component of the Blog site. If you breach any of these Terms of Use, we can terminate your right to use the Blog site. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the Blog site.
General
Through the Blog site, we provide a variety of information and services to our energy customers. You may use the Blog site solely for your own internal residential or business purposes and pursuant to these Terms of Use; you may not use the Blog site for the purpose of competing with the Company. You may view and download material displayed on the Blog site, provided you retain all copyright, trademark and other proprietary notices displayed on the materials. Use of these materials in publications, other Blog sites or presentations is prohibited without WWW.EZDIYELECTRICAL.COM’s written consent.
User Accounts
a. The Blog site offers a variety of functions and services, as described more fully below in Section 3 below (“Services”). Many of the Services provide information about customer accounts and other personal information. To protect privacy, we may require you to establish one or more user accounts to access such Services (“User Account”). We reserve the unqualified right (i) to accept or decline to accept an application to open a User Account; (ii) to terminate any User Account and (iii) to discontinue the provision of any Service related to such User Account.
b. In connection with opening your User Account, you will either designate or receive a user name and password to establish your identity when you login to use certain Services. You agree (i) to provide accurate and complete information when opening a User Account; (ii) to update your information as necessary so it remains accurate and complete and (iii) not to impersonate any other person, operate under an alias, or otherwise conceal your identity.
c. The right to use the Services and functions of a User Account on the Blog site is limited to you as the enrolling party. You are responsible for safeguarding your user name and password and agree to hold WWW.EZDIYELECTRICAL.COM harmless from any claims resulting from improper use of your user name and password. You agree to be responsible for all acts or omissions with respect to use of your User Account. Please notify us immediately by notifying us if you believe the security of your user name or password has been compromised in any way.
Merchant Information. The Blog site may enable you to search for third-party businesses selling electrical and energy-related goods and services in certain geographical locations. WWW.EZDIYELECTRICAL.COM IS NOT AFFILIATED WITH ANY THIRD PARTY SELLING ENERGY-RELATED GOODS OR PROVIDING SUCH SERVICES AND DOES NOT ENDORSE ANY SUCH BUSINESSES, GOODS OR SERVICES.
Promotions. The Company may from time to time offer promotions, surveys, contests or sweepstakes (collectively, “Promotions”) to its customers. All such Promotions will be accompanied and governed by rules established by the Company. For further information about such Promotions, please consult the applicable rules posted with or linked to such Promotions.
Outside Services
The Blog site will enable you to access certain outside services provided by third-party advertisers. In certain instances, the third-party content may be “framed” in such a way it appears you are still on WWW.EZDIYELECTRICAL.COM’s Blog site. In such cases, we will have agreements with those third parties whose Blog sites you may be transferred to, under which the third parties agree to provide content without errors and omissions. They also agree to maintain the confidentiality of your personal information, and to use it only to help us serve you.
Linking, Framing, Bots and Spiders
a. Links to Third-Party Sites. The Company displays links to Blog sites or electronic services sponsored by third parties. WWW.EZDIYELECTRICAL.COM is not responsible for the content or operation of third-party Blog sites or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply WWW.EZDIYELECTRICAL.COM endorses or is affiliated with such third-party Blog sites, services or third parties, or any services or products they offer. The submitting third parties, and not the Company, are solely responsible for any advertisements, opinions, advice, statements, services, offers, data, information, content, or other materials that such third parties express or make available.
b. Links to the Blog site. The Blog site may not be linked to in such a way that the pages of the Blog site are displayed within a frame on a third-party Blog site, or are otherwise displayed on a browser screen accompanied by advertising or other content not found on the Blog site. The fact that a third party provides a link to the Blog site will not in any way be or imply an endorsement, agency, joint venture or similar relationship between WWW.EZDIYELECTRICAL.COM and any such third party.
c. Mining. No user or third party is authorized to use any software, bots, spiders, or other information-gathering devices or programming routines to monitor, copy, or otherwise “mine” information displayed on the Blog site for display on or use with any Blog site or service.
Copyrights
All content on the Blog site, including all text, graphics, artwork, logos, buttons, icons, images, audio clips, video clips, software and code, is the copyrighted property of the Company or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. Any unauthorized use of materials on this Blog site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations or statutes. Except as allowed in these Terms of Use, such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold, or transmitted (in whole or in part) in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of WWW.EZDIYELECTRICAL.COM or any other copyright owner.
Trademarks
a. The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs and other identifiers (“Trademarks”) used and displayed on the Blog site are registered and unregistered Trademarks of the Company 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 WWW.EZDIYELECTRICAL.COM or other Trademark owner, as the case may be. You may not use any meta tags or any other “hidden text” utilizing WWW.EZDIYELECTRICAL.COM’s name or Trademarks without the express prior written permission of WWW.EZDIYELECTRICAL.COM.
b. If you believe that material included on the Blog site infringes another party’s trademark rights, contact us promptly so WWW.EZDIYELECTRICAL.COM may investigate the situation and, if appropriate, block or remove the material.
Security
When you login to Services requiring a user name and password, any personal information you enter in fields or forms provided in these Services are secured using an industry standard security technology known as Secure Sockets Layer (“SSL”). By using SSL, we attempt to safeguard the confidentiality of your user name, password and other personal information. For SSL to work, your browser must be capable of supporting SSL. Please check with your browser manufacturer for details.
Termination
In WWW.EZDIYELECTRICAL.COM’s sole and absolute discretion, we may, without notice, restrict or terminate any person’s use of the Blog site and any service, user accounts, user names or passwords. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the Blog site. Any such restriction or termination will not relieve any person of obligations incurred and accrued prior to the effective date of such termination.
Disclaimer of Warranties
a. The Blog site and any content, information, software, functions and applets provided on or through the Blog site are made available on an “as is” and “as available” basis. WWW.EZDIYELECTRICAL.COM does not warrant the Blog site or any content or Service provided in connection with the Blog site will be timely, secure, uninterrupted or error-free, or that defects in the Blog site or in any content or service provided on or through the Blog site, if any exist from time to time, will be corrected.
b. The Company will not be responsible for errors, omissions, interruptions, deletions, defects or delays in the operation or transmission of the Blog site, any Services or related content, for communication line failures, or for computer viruses associated with the operation of the Blog site. The Company makes no warranty regarding any information made available through or on the Blog site. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE BLOG SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE YOUR USE OF THIS BLOG SITE IS AT YOUR SOLE RISK.
c. No WWW.EZDIYELECTRICAL.COM employee, agent, representative or any third party is authorized to create any warranty of any kind not expressly made in these Terms of Use.
Limitation of Liability
a. WWW.EZDIYELECTRICAL.COM, 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 Blog site or any of the Services available on or through the Blog site.
b. In no event will the liability of WWW.EZDIYELECTRICAL.COM, its affiliates or subsidiaries, or their officers, directors, employees, agents, successors or assigns, under any theory of liability whether in contract, tort, strict liability or otherwise.
Indemnity
You agree to defend, indemnify, and hold harmless WWW.EZDIYELECTRICAL.COM, its affiliates and subsidiaries, and their officers, directors, employees, agents, successors or assigns from any and all claims, liabilities, costs, and expenses (including reasonable attorneys’ and experts’ fees) arising in any way from your use of the Blog site or the placement or transmission of any message, information, software, or other materials or content on or through the Blog site by you or users of your User Account or related to any violation of these Terms of Use by you or users of your User Account.
Other
a. The Company controls and operates this Blog site from its headquarters in Nevada County, California, USA. If you use this Blog site from other locations you are responsible for compliance with applicable local laws. These Terms of Use will be governed by the substantive laws of the State of California, as applied to contracts entered into between California residents and performed in California, regardless of whether you reside or transact business with the Company in California or elsewhere.
b. Use of the Blog site will be deemed to take place solely in California. You agree the courts located in Nevada County, California, will have exclusive jurisdiction over any and all disputes arising out of or related to these Terms of Use or your use of the Blog site, and you agree to submit to the jurisdiction of such court. The prevailing party in any dispute will be entitled to its reasonable attorneys’ fees and costs, in addition to all other available recovery and relief.
c. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
d. The Terms of Use, which incorporate by reference WWW.EZDIYELECTRICAL.COM’s Blog site Privacy Policy, state the entire agreement between you and WWW.EZDIYELECTRICAL.COM relating to your use of the Blog site, and all prior and contemporaneous agreements and understandings relating to the subject matter of these Terms of Use are superseded by and merged into these Terms of Use. These Terms of Use may not be amended except by WWW.EZDIYELECTRICAL.COM as provided herein.
YOU EXPRESSLY AGREE TO HOLD DAVE RONGEY, AND/OR EZDIYELECTRICAL.COM HARMLESS FOR ANY PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH, OR ANY OTHER LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE INFORMATION OR SERVICE PROVIDED.