- The Website
The Website consists of both publicly and privately accessible areas. Publicly accessible areas are those that are intended to be available to the general public. Privately accessible areas on the Website require authentication and authorization via user identification and passwords. Privately accessible areas may be further restricted requiring additional user identification and passwords and adherence to separate terms and conditions set forth in relevant agreements of non-disclosure or confidentiality.
- Materials and Software of the Website
Access to the Website does not confer any license or ownership interest in either the form or content of the Website, including any confidential or proprietary information or intellectual property of any kind or nature, and SERC hereby expressly reserves such rights and property in its entirety.
SERC may change or discontinue any portion, feature, or content of the Website at any time with or without notice to you.
SERC assumes no responsibility for any material (e.g., information, data, text, software, graphics, etc.) 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 SERC's control. SERC 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 SERC's Website.
SERC 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: SERCWebsite@serc1.org. To ensure SERC can quickly respond to the issue, your email should include the originating SERC page URL, the linked page URL and a description of the content in question.
- Use of Information and Materials of the Website
To access privately accessible areas of the 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 SERC of any unauthorized use of your account or any breach of security, and ensure that you logout of your account at the end of each session. SERC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- Trademark Information
You agree that all SERC trademarks, service marks, and other SERC logos are trademarks and property of SERC (the "SERC Marks"). You agree not to display or use in any manner the SERC Marks without SERC's prior written permission.
- End-User Content
- 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 5.3;
- 6.2.impersonate any person or entity, or 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 SERC Materials without the prior express written consent of SERC;
- 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 SERC, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure of 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.
- Use of “Cookies”
The Website uses browser cookies to facilitate easier navigation within the site and provide a higher level of convenience for the visitor. A cookie is a small piece of information about an Internet session that may be created when a visitor accesses a website. The cookies used by the SERC Website are not written to the visitor’s hard drive, exist only until the browser is shut down, do not contain any personally sensitive data regarding the visitor, and do not retrieve any information from the visitor’s personal computer.
- Disclosure of Personally Identifiable Information Via Public Access
SERC 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, etc.) to any third parties not affiliated with SERC, except in the event of suspected illegal conduct, such as 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.
- Your Other Responsibilities Concerning Registration for the Website
- 9.1.In obtaining private access to the Website under this Agreement, you certify to SERC that: (a) the information you have provided to SERC in order to register as an end user is complete, accurate and current; (b) you will notify SERC immediately of any change in your registration information; (c) 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, SERC 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 SERC immediately by contacting SERCWebsite@serc1.org.
- Termination of Access
- 10.1.You may terminate your private access rights to use the Website at any time and without cause by notifying SERC of your decision to terminate. See Section 15 for details.
- 10.2.SERC 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 username or password) that SERC believes is a violation of the Agreement or for any other conduct or use that SERC believes is harmful to other end users, SERC's content providers, the Website, or the interests of SERC.
- Your Remedies
- 11.1.SERC'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.
- Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. SERC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SERC DOES NOT WARRANT THAT THE FUNCTIONS OR WEBSITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SERC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE WEBSITE CONTENT IN TERMS OF ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, AVAILABILITY, OR OTHERWISE. THE WEBSITE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SERC MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SERC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE WEBSITE OR WEBSITE CONTENT. SERC MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
- Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL SERC, NOR ANY OF ITS SUBSIDIARIES, AFFILIATIES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, OR DIRECTORS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER 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 SERC 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, THIRD PARTY 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.
- Indemnification by You
To the extent permitted by law, you agree to defend, indemnify and hold harmless SERC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, representatives, officers, directors, and contractors (the “Indemnified Parties”) from any breach of the Agreement by you, including any use of Website Content other than as expressly authorized in the Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties arising out of or relating to your use of the Website. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website.
SERC may give notice to you by electronic mail, by a posting on the Website, or by conventional mail. Notice by SERC shall be effective on the date that SERC makes a good faith effort to reach you.
You shall give notice to SERC as stated below. Notice by you shall be effective on the date that SERC actually receives the notice.
SERC Reliability Corporation
3701 Arco Corporate Drive
Charlotte, NC 28273
Notice of change to your end-user registration information as referenced under Section 9 is to be done through your online SERC Account Profile accessible via the Website or through the SERC Compliance Portal.
- 16.1.This Agreement is personal to you, and you may not assign, transfer or delegate your rights or obligations to anyone. The Agreement shall be governed and interpreted pursuant to the laws of the State of North Carolina, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in North Carolina in connection with any dispute between you and SERC arising out of the Agreement or pertaining to the subject matter hereof. The parties to the Agreement each agree that the exclusive venue for any dispute between the parties arising out of the Agreement will be in the state and federal courts in Charlotte, North Carolina.
- 16.2.You acknowledge that SERC 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 SERC 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.
- 16.3.Except as otherwise provided in any pertinent non-disclosure or confidentiality agreement, this Agreement is the entire agreement between SERC and you with respect to the Website.
- 16.4.Headings in this Agreement are for your convenience only and do not have any legal meaning or effect.
- 16.5.If SERC 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 SERC’s conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.
- 16.6.A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- 16.7.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 terms.