TERMS AND CONDITIONS APPLICABLE TO:
NESCOE Website (nescoe.com)
The NESCOE website identified above is owned and controlled by the New England States Committee on Electricity, Inc. (doing business as “NESCOE, Inc.”), a not-for-profit entity that represents the collective perspective of the six New England Governors in regional electricity matters and advances the New England states’ common interest in the provision of electricity to consumers at the lowest possible prices over the long-term, consistent with maintaining reliable service and environmental quality.
1. PURPOSE OF THIS SITE
The content published on the NESCOE website is for educational and general informational purposes only, and is not intended and should not be construed as legal advice or binding legal precedent.
2. INTELLECTUAL PROPERTY RIGHTS
NESCOE owns or licenses all NESCOE materials available through the NESCOE website, including all text, downloadable files, HTML code, multimedia clips, images, graphics, icons, programming code, and the selection and arrangement of the contents of the NESCOE website (collectively, the “Materials”). Unless otherwise indicated, all Materials are copyrighted © 2015 and any unauthorized use of the Materials may violate copyright and other laws.
- display and reproduce (in printed form only) unaltered Materials published on the NESCOE website, for your personal, non-commercial, educational purposes, only; and
- if you are a news reporting organization, display, reproduce, modify and distribute limited portions of Materials published on the NESCOE website, as reasonably necessary for legitimate news reporting and commentary activities.
Except as expressly described in the limited license above, without the express written consent of NESCOE, you may not modify, copy, distribute, transmit, display, publish, or create derivative works from the Materials or use the Materials for any purpose whatsoever. For consent to reuse any Materials, other than as expressly provided by the limited license above, please contact NESCOE at Webmaster. Except for the limited license expressly granted to you in these Terms and Conditions or otherwise in writing, NESCOE reserves for itself all other right, title and interest in and to the Materials.
To the extent reproduction of Materials is permitted, the following notice shall appear on all reproductions of such Material: “Source: NESCOE.” All authorized reproduction of multimedia clips, images, graphics, or icons comprising a part of the Material must be executed to assure that such Materials are not distorted, modified or altered in any way whatsoever.
3. DISCLAIMERS AND LIMITATION OF LIABILITY
Your use of the NESCOE website is exclusively at your own risk.
MATERIALS ON THE NESCOE WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Materials on the NESCOE website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. NESCOE may also make improvements and/or changes to, or remove, Materials at any time without notice. Notwithstanding the foregoing, NESCOE assumes no obligation to update any information or Materials hosted on the NESCOE website.
IN NO EVENT WILL NESCOE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE NESCOE WEBSITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, NESCOE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR DOWNLOAD MATERIALS FROM THE NESCOE WEBSITE OR ANY HYPERLINKED WEB SITE.
4. NON-PROPRIETARY AND NON-CONFIDENTIAL TREATMENT OF INFORMATION YOU PROVIDE.
NESCOE does not want to receive confidential or proprietary information from you through the NESCOE website.
Any information or material sent to NESCOE through the NESCOE website will be deemed NOT to be confidential, unless you are notified otherwise by NESCOE. By sending NESCOE any information or material through the NESCOE website, you grant NESCOE an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that NESCOE is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we intend not to release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. In addition, communications by you to NESCOE or any of its attorneys or other professionals made through the NESCOE website may not be protected by the attorney client privilege.
5. LINKS TO THIRD PARTY SITES
The NESCOE website may contain links to other web sites or frame information from other web sites that are not under the control of NESCOE. NESCOE is providing these links and/or frames to you only as a convenience. NESCOE makes no representations whatsoever about any other web site which you may access through the NESCOE website. When you access a non-NESCOE web site, please understand that it is independent from NESCOE, and that NESCOE has no control over the content on that web site. In addition, a link to a non-NESCOE web site does not mean that NESCOE endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
NESCOE MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, AND SHALL NOT BE LIABLE FOR ANY DAMAGES (AS SET FORTH IN SECTION 3 ABOVE), REGARDING THOSE SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER SITES LINKED FROM THE NESCOE WEBSITE MAY BE MATERIALLY DIFFERENT THAN OUR TERMS AND CONDITIONS, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT SITE.
6. GUEST BLOGGERS AND COMMENTARIES
Certain portions of the NESCOE website may contain views and opinions of invited guest bloggers or other commenters who are not affiliated or associated with NESCOE. The views or opinions of such guest bloggers or others are his/her own, and do not necessarily reflect the views, opinion, choices, or input of NESCOE. Links to the guest bloggers or commentaries are provided for convenience only. NESCOE does not endorse or sponsor guest bloggers or commenters or their services or opinions in any way.
7. COMPLIANCE WITH LAW
You shall not use and/or access the NESCOE website or the Materials in any manner that will violate any applicable local, state, national, international or foreign law, including, but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate another person in your use of the NESCOE website or the sending of any e-mail to an address listed on the NESCOE website. You may not use the NESCOE website in any manner that could damage, disable, overburden or impair the site, interfere with any other party’s use and enjoyment of the NESCOE website or compromise the integrity of, or otherwise modify, the Materials.
You agree to defend, indemnify and hold NESCOE, its Managers, staff, and authors of Materials, harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms and Conditions by you or in connection with your use of the NESCOE website or the Materials.
9. INTENDED AUDIENCE
The NESCOE website is intended for adult individuals only. NESCOE does not target children under the age of 18 and does not seek to collect any personally identifiable information about children under the age of 18. We encourage and support the efforts of parents and legal guardians of children to monitor their children’s internet usage and to caution them against providing personally identifiable information to any website over the Internet without permission.
10. CHOICE OF LAWS; CHOICE OF VENUE
The NESCOE website (excluding any linked websites) are controlled by NESCOE from its offices within the Commonwealth of Massachusetts and State of New Hampshire, United States. You agree and acknowledge that your use of the NESCOE website, and all transactions occurring in connection with such sites, shall be deemed to have occurred and taken place solely in the Commonwealth of Massachusetts, United States. Further, you agree that all matters relating to access to, or use of, the NESCOE website, shall be governed by the laws of the Commonwealth of Massachusetts and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree that any claim or cause of action arising out of or in any way relating to the NESCOE website or your use thereof will be brought and maintained exclusively in the state or federal courts located in Suffolk County, Massachusetts. By using the NESCOE website you agree to submit to the personal jurisdiction of any court located in Suffolk County, Massachusetts, and agree to waive any and all objections to the exercise of jurisdiction over you by any such court and to venue in such courts.
11. SEVERABILITY; WAIVER; ENTIRE AGREEMENT
If any provision of the Terms and Conditions is invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions will continue in full force and effect. No waiver shall be deemed a continuing waiver or a waiver of any other term.
Unless specifically provided herein, the Terms and Conditions constitute the entire agreement between you and NESCOE with respect to your use of the NESCOE website or the Materials. These Terms and Conditions shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written, between the parties in respect of your use of the NESCOE website or the Materials.
12. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the NESCOE website or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- NO OFFICIAL OR LEGAL NOTICE
In no event shall communications sent through the NESCOE website be considered to meet the standard for legal or official notice to NESCOE of any claim, cause of action, or any other purpose.
Your license to access and use the NESCOE website and the Materials shall automatically terminate if you are in breach of any of the Terms and Conditions. NESCOE reserves the right, in its sole discretion, to terminate your access to the NESCOE website, and to terminate your use of the Materials, or any portion thereof, at any time without notice. However, the failure of NESCOE to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Further, NESCOE reserves the right to limit your access or use of any portion of the NESCOE website.
If you discover a link on any portion of the NESCOE website that is not active or other information that you believe is out-of-date, we invite you to submit this information to the webmaster.
The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. NESCOE is committed to providing the best possible experience for users of our website.
If you observe material that you believe may be infringing another’s rights, please contact Webmaster c/o NESCOE Inc, 655 Longmeadow Street, Longmeadow, MA 01106 or by emailing the webmaster.
Effective: September 1, 2015