NPCC may change or discontinue any portion, feature, or content
of the Website at any time with or without notice to you.
NPCC assumes no responsibility for any material, e.g., information,
data, text, software, graphics et cetera, posted by third parties on the
Website or accessed on the Website through hypertext or other computer
"links" to sites hosted by third parties that are outside of NPCC's
control. NPCC does not endorse products, services or information provided by
third parties and shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with,
use or reliance on any content available on or through any third party site or
otherwise posted by third parties on the Website. Further, the inclusion of
links to third party websites on the Website does not imply that the owners of
such third party websites have given permission for inclusion of these links,
or otherwise sponsored or endorsed NPCC's Website.
NPCC is not responsible for the accessibility of third party websites
via the Website. Should you discover that a third party link on a webpage is
broken, no longer pointing to the content so indicated on the Website, or
points to a third party website containing infringing content, malicious code,
or any offensive, libelous, or otherwise illegal or inappropriate content,
email: firstname.lastname@example.org. To
ensure NPCC can quickly respond to the issue, your
email should include the originating NPCC page URL, the linked page URL and a
description of the content in question.
3. Use of the Information and Materials of the Website
To access privately accessible areas of the NPCC website you
will need a valid login account(s). Your account’s credentials consist of a username
and password. You are responsible for maintaining the confidentiality of your
credentials and are fully responsible for all activities that occur through the
use of your credentials. You agree to
immediately notify NPCC of any unauthorized use of your account or any other
breach of security, and ensure that you logout of your account at the end of
each session. NPCC cannot and will not
be liable for any loss or damage arising from your failure to comply with this
4. Trademark Information
You agree that all NPCC trademarks, service marks and other NPCC
logos are trademarks and property of NPCC (the “NPCC Marks”). You agree not to display or use in any manner
the NPCC Marks without NPCC’s prior written permission.
5. End-User Content
5.1 The Website may provide functionalities for users to upload,
download or post comments, ideas, articles, information, data, text, software,
graphics, messages, and other materials or submissions ("End-User
Content"). The views and opinions expressed therein do not necessarily
reflect those of NPCC. The end user who posted the End-User Content is solely
responsible for such End-User Content.
5.2 NPCC does not guarantee the accuracy, integrity or quality of
End-User Content and disclaims all liability for any errors, omissions,
violation of third party rights or illegal conduct arising from End-User
Content posted, emailed or otherwise transmitted via the Website.
5.3 Prohibited End-User Content:
You agree not to upload, post, email or otherwise transmit any End-User
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, indecent, offensive, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise objectionable;
that you do not have a right to transmit under any law or for which the
execution of a non-disclosure or confidentiality agreement authorizing same is
required and you are not so covered;
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
that contains software viruses, malicious software or other contaminating or
destructive devices, features or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment or provides information relating
to or otherwise facilitating the use of malware or other destructive materials
that contains advertising or promotional material of any kind;
that contains personally identifiable information pertaining to any party;
that undermines the purpose of the material on the Website and the course with
which it is used, including but not limited to promoting the reliability of the
bulk power system.
5.4 You acknowledge that NPCC does not pre-screen End-User Content.
NPCC reserves the right (but not the obligation) in its sole discretion to
monitor, refuse to post, or remove any End-User Content for any reason. NPCC
reserves the right to terminate your access to the Website to prevent further
posting of prohibited End-User content.
5.5 You acknowledge and agree that NPCC reserves the right to
preserve End-User Content indefinitely in the event of a potential violation of
these terms or dispute pertaining to End-User Content. You acknowledge and
agree that NPCC further reserves the right to disclose End-User Content in
association with your contact and/or personal information if required to do so
by law or in the good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce the terms
of service hereunder; (c) respond to claims that any End-User Content violates
the rights of third-parties; or (d) protect the rights, property, or personal
safety of NPCC, its users and the public.
6. Restrictions on Use
You agree not to use the Website to:
6.1 upload, post, email or otherwise transmit any prohibited
End-User Content described in Section 5.
6.2 impersonate any person or entity, falsely state or otherwise
misrepresent your affiliation with a person or entity;
6.3 upload, post, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "Junk mail,"
"Spam," "chain letters," "pyramid schemes," or
any other form solicitation;
6.4 use or attempt to use any "deep-link," "scraper,"
"robot," "bot," "spider," "data
mining," "computer code" or any other automated device, program,
tool, algorithm, process or methodology or manual process having similar
processes or functionality, to access, acquire, copy, or monitor any portion of
the Website, any data or content found on or accessed through the Website or
any other NPCC Materials without the prior express written consent of NPCC;
6.5 obtain or attempt to obtain through any means any materials,
End-User Content, or any other data, content, software or code available on or
through the Website ("Website Content") that have not been
intentionally made publicly available either by their public display on the
Website or through their accessibility by a visible link on the Website;
6.6 violate any measure employed to limit or prevent access to the
Website or Website Content;
6.7 violate the security of the Website or attempt to gain
unauthorized access to the Website, Website Content, or computer systems or
networks connected to any service of the Website through hacking, password
mining or any other means;
6.8 interfere or attempt to interfere with the proper working of
the Website or any activities conducted on or through the Website, including
accessing any Website Content prior to the time that it is intended to be
available to the public on the Website;
6.9 take or attempt any action that, in the sole discretion of
NPCC, imposes or may impose an unreasonable or disproportionately large load or
burden on the Website or the infrastructure on the Website;
6.10 disrupt the normal flow of dialogue or otherwise act in a
manner that negatively affects other users' ability to engage in exchanges or
to normally post data or submissions;
6.11 interfere with or disrupt the Website or servers or networks
connected to the Website, or disobey any requirements, procedures, policies or
regulations of networks connected to the Website; or
6.12 intentionally or unintentionally violate any applicable local,
state, national or international law.
7. Use of "Cookies"
The Website uses browser cookies to facilitate registration
processing and validate user role upon login.
8. Disclosure of Personally Identifiable Information Via Public Access
NPCC will not disclose personally identifiable information via the
publicly accessible areas associated with your use of the Website (e.g., name,
email address, physical address, username and password, activity results) to
any third parties not affiliated with NPCC, except in the event of suspected
illegal conduct, misappropriating password access, violating the terms of this Agreement. Personally
identifiable information may be disclosed to law enforcement officials in order
to facilitate the investigation of such allegations.
9. Your Other Responsibilities Concerning Registration for the
9.1 In obtaining private access to the Website under this Agreement,
you certify to NPCC that: (a) the information you have provided to NPCC in
order to register as an end user is complete, accurate and current; (b) you will
notify NPCC immediately of any change in your registration information; (c)
that you will not share your login username; and (d) you will timely update
your password as required.
9.2 If any of these certifications is or becomes untrue, or if you
do not comply in full with these requirements, NPCC has the right to suspend
and/or terminate your access to the Website.
9.3 You are also responsible for obtaining and using all computer
hardware and software required for your access to and use of the Website.
9.4 You are responsible for all uses of the Website through your
login username and password, whether the use is made by you personally or by
someone else. You are responsible for protecting and securing your username and
password from unauthorized use and disclosure. In the event that you become
aware of or believe there has been any breach of the Website, such as the theft
or unauthorized use of your login username and password, you will notify NPCC
immediately by contacting email@example.com
10.1 Your restricted access commences at such time as NPCC confirms
receipt of a signed non-disclosure agreement from your company by NPCC’s Office
Manager and Executive Assistant.
10.2 You may terminate your private access rights to use the Website
at any time and without cause by notifying NPCC of your decision to terminate.
See Section 15.
10.3 NPCC may, in its sole and absolute discretion, and with or
without notice, suspend or terminate your private access to all or any part of
the Website, or terminate this Agreement and thus your rights to use the
Website, for any conduct or use (whether by you or anyone else having access
under your login name/username or password) that NPCC believes is a violation
of the Agreement or for any other conduct or use that NPCC believes is harmful
to other end users, NPCC's content providers, or to the Website or the
interests of NPCC.
11.1 NPCC's entire liability to you, and your sole and exclusive remedy,
regarding the private access use of the Website shall be the replacement of a
login username or password if a currently valid login username or password
fails to allow access to the Website.
11.2 Your sole right with respect to any disagreement or dissatisfaction
with (a) the Agreement, as modified from time to time; (b) access to, use of,
or performance of the Website, or (c) any Website Content, is to terminate your
access as provided for in Section 10.
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SOFTWARE
ACCESSIBLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS,"
"AS-AVAILABLE" BASIS. NPCC MAKES NO WARRANTIES, EXPRESS OR IMPLIED,
BY OPERATION OF LAW OR OTHERWISE, REGARDING THE ACCURACY, RELIABILITY,
COMPLETENESS, TIMELINESS OR AVAILABILITY OF SAME.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL NPCC BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF
ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS,
LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF NPCC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR
USE OF OR INABILITY TO USE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, YOUR
RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, OR SOFTWARE OBTAINED
ON THE WEBSITE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE,
DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN
OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION
OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS OR WEBSITES.
To the extent permitted by law, you agree to defend, indemnify
and hold harmless NPCC from any claims and expenses related to any violation of
this Agreement by your use of the Website, or in connection with the placement
or transmission by you of any material on the Website except as expressly
authorized in this Agreement.
NPCC may give notice to you by electronic mail, by a posting on
the Website, or by conventional mail. Notice by NPCC shall be effective on the
date that NPCC makes a good faith effort to reach you.
You shall give notice to NPCC as stated below. Notice by you
shall be effective on the date that NPCC actually receives the notice.
Northeast Power Coordinating Council, Inc.
1040 Avenue of the Americas, 10th Floor
New York, NY 10018
Notice of change to your registration information as referenced
under Section 9 is to be done through your online NPCC Account Profile accessible via the Website or through NPCC
Customer Technical Support.
16.1 This Agreement is personal to you, and you may not assign,
transfer or delegate your rights or obligations to anyone. This Agreement, your
and NPCC’s rights and obligations, and any disputes or disagreements regarding
the Website will be governed by the laws of the U.S. that govern contracts
wholly entered into and wholly performed within New York. Any and all actions,
disputes or controversies relating to the Agreement or the Website will be
decided by courts of competent jurisdiction, and you consent to the
jurisdiction and venue of those courts and irrevocably consent to the process
document, delivered personally or mailed by certified or registered mail,
return receipt requested, at the address set forth in your registration
16.2 In the event that any provision of the Agreement is held to be
invalid or unenforceable, pursuant to judicial decree or decision, the
remainder of this Agreement shall remain valid and enforceable according to its
16.3 You acknowledge that NPCC will be irreparably harmed by any
breach of this Agreement by you or by your unauthorized use of the Website or
Website Content and, further, that monetary damages may not be a sufficient
remedy for such harm. You agree that NPCC shall be entitled, without waiving
any other rights or remedies and without further demonstration of irreparable
harm or the inadequacy of monetary damages, to obtain injunctive or other
equitable relief in the event of any breach of this Agreement by you or by your
unauthorized use of the Website or Website Content.
16.4 Except as otherwise provided in any pertinent non-disclosure or
confidentiality agreement, this Agreement is the entire agreement between NPCC
and you with respect to the Website. Headings in this Agreement are for your
convenience only and do not have any legal meaning or effect. If any part of
this Agreement is invalid, the rest of this Agreement will remain in effect. If
NPCC waives or fails to enforce any term or condition of this Agreement on any
one or more occasions, whether by conduct or otherwise, its waiver or failure
to enforce will not mean that it must waive or cannot enforce such term or
condition on any other occasion, or any other term or condition of this
Agreement. The meaning of this Agreement cannot be changed by your or NPCC’s
conduct, even if repeated, or by any custom or practice of others engaged in
the same or similar businesses.
© NPCC, Inc. All rights reserved.
V0 – last updated October 19, 2011