Terms and Conditions

These Terms of Use govern your use of the smud.org website, as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”) and your responsibilities as a user. By accessing and using this Site, you are agreeing to be bound by and comply with these Terms of Use. Sacramento Municipal Utility District (SMUD) reserves the right to change these Terms of Use by posting changes on this Site. Your continued use of the Site following posting of any changes will constitute your acceptance of the changes.

These Terms of Use constitute a contractual agreement between you and SMUD. Please read these Terms of Use carefully before using the Site. Your use of the Site affirms your acceptance of and agreement to abide by these Terms of Use. If you do not wish to be bound by these Terms of Use, you should not continue to use the Site.

Please direct any questions or comments you have concerning the Terms of Use to Customer Service or call 1-888-742-7683.

General Use Restrictions

All information, documents, products and services, trademarks, logos, graphics, images and other proprietary materials provided on the Site are subject to trademark, service mark, copyright and/or intellectual property rights or licenses held by SMUD or by third parties who have licensed their material to SMUD.

The content of the Site is intended for the personal, noncommercial use of visitors to the Site. As a customer or strategic partner, SMUD grants you the limited right to display these proprietary materials only on your personal computer and to copy and download, print, and store the proprietary materials for your personal, noncommercial use, provided that all copyright and trademark notices located on the proprietary materials appear on the materials copied or downloaded. You agree not to use the proprietary materials for any other purpose or to edit, alter, or enhance them, without prior written consent of SMUD.

Commercial use or broadcasting or otherwise disseminating any information in the proprietary materials in any media, without prior written approval from SMUD, is strictly prohibited. For example, you may not post any content from the Site to news groups, mail lists or electronic bulletin boards. In addition, you may not "frame" or "mirror" any proprietary materials or other content contained on or accessible from this Site on any other server or Internet-based device without first obtaining written authorization. SMUD reserves complete title and full intellectual property rights of any content you download from this Site. This limited right granted to you by SMUD to use the proprietary materials terminates automatically, without notice to you, if you breach any of the Terms of Use. Upon termination you agree to destroy immediately any downloaded or printed proprietary materials.

Password restricted areas of the Site

Certain areas of the Site, such as the Manage Your Account services, are restricted to authorized users through the use of passwords. If you are an authorized user of the restricted areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account information. You also agree to notify SMUD if your password is lost, stolen, or disclosed to an unauthorized third party, or if the password otherwise may have been compromised or if there is any unauthorized use of your account or any other breach of security in the Site known to you.

Security rules

You agree not to violate or attempt to violate the security of or interfere with the operations of the Site, including without limitation, (a) accessing data or an account that you are not authorized to access or that is not intended for your use; (b) using another user's name, password or account information without authorization from that user; (c) testing the vulnerability of or breaching the security or authentication measures of any system or network related to the Site; (d) interfering with service to any other user, host or network; or (e) attempting to do any of the foregoing actions.

Links and Third Party Interaction

The Site provides links to other sites located on the Internet (World Wide Web) that are owned or operated by parties other than SMUD, including providers of online payment services. These sites provide products or services that SMUD believes will be of value to its customers. SMUD is not, however, an agent, partner, sales representative, or distributor for the owners or operators of these links sites. These other sites are generally created and owned by parties and are the responsibility of those persons or organizations and not of SMUD.

The purchase of any goods or services from such third parties is solely between you and the applicable third party. While SMUD endeavors to provide links only to those sites that are reputable, we cannot and do not represent or warrant the correctness, validity, accuracy, or reliability of the linked sites and their content or of products or services obtained through them. You bear all risks associated with your use of the other sites. You agree that SMUD will not be liable for any damages arising from your access to such sites or your purchase of products or services from such sites.

Services

On certain sites operated by SMUD, SMUD provides users with the capability to provide commentary on articles and news events (Services) as a limited public forum to allow for an open discussion of issues related to SMUD, energy efficiency, the conservation of energy or natural resources, or presents accurate information on the economical purchase, maintenance or use of any appliance of device using light, heat, or power. SMUD may provide other services to users on its websites not described above. You understand that your use of the Services provided by SMUD on its websites is subject to this Terms of Use. You understand that SMUD provides only the facilities for the operation of the Services. SMUD does not approve or endorse any message posted by users from the use of the Services. SMUD does not review the background of any user of the Services.

In consideration for your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from using the Services under the laws of the United States. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SMUD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SMUD has the right to suspend or terminate your use of the Services and refuse any and all current or future use of its Services.

You understand that any comment posted by a user of the Services expresses only the views of the user and does not reflect the views of SMUD. From time to time, SMUD may use administrators to monitor the content or appearance of posted comments. Considering the real-time nature of the Services, it is impossible for us to monitor or review every message. You are encouraged to report abuses to SMUD.

You acknowledge that the administrators shall have the right (but not the obligation) in their sole discretion to refuse or move any content from the use of the Services. Without limiting the foregoing, the administrators shall have the right to remove any content that violates the Terms of Use or is not reasonably related to the limited public forum purpose or it otherwise objectionable. You acknowledge, consent, and agree that the administrators may access, preserve and disclose your Registration Data and the content you have posted using the Services if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of SMUD to: (a) comply with legal process; (b) enforce the Terms of Use, (c) respond to claims that any content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property, or personal safety of the public.

You, and not the administrators and/or SMUD, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available through the use of the Services. SMUD does not control the content posted by users of the Services and, as such, does not guarantee the accuracy, integrity or quality of such content. You agree that you must evaluate and bear all risk associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

You agree that you will not use the Services to:

Upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethically or otherwise objectionable;
Upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that is or relates to political campaigning;
Upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," of any other form of solicitation;
Upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, any material that contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
Intentionally or unintentionally violate any applicable local, state, national, or international law

Disclaimer of Warranty and Limitation of Liability

Your use of the Services and the Site are at your sole risk. The materials and information on this Site and Services are provided on an "as is" and "as available" basis and are for personal use only. To the maximum extent permitted by applicable law, SMUD disclaims all guarantees and warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, any expectation of privacy, accuracy or completeness or non-infringement of third party rights as to the operation of this Site or the information, content or materials on or obtained through this Site or any products or services of online payment services, or other third parties. SMUD does not warrant that the functions contained anywhere on the Site or through the use of the Services or in the materials including on the Site will be uninterrupted or error free, that defects will be corrected or that this Site, any materials or any server used by SMUD are free from viruses or other harmful components.

YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL SMUD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE IN ANY WAY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE FOR ANY INFORMATION, CONTENT OR MATERIALS ON OR OBTAINED THROUGH THIS SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH AFFINITY PARTNERS OR THIRD PARTIES, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, OR STRICT LIABILITY, OR OTHER THEORIES OF LIABILITY, OR FOR CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY OFFENSIVE, INDECENT, DEFAMATORY OR OTHERWISE OBJECTIONABLE NATURE OF ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OR VIEWING OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY USERS OF THE SERVICES.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SMUD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (I) CONTENT YOU MADE AVAILABLE THROUGH YOUR USE OF THE SERVICES; (II) YOUR VIOLATION OF THE TERMS OF USE; OR (III) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

Local and Applicable Law

SMUD controls and operates the Site from its headquarters in Sacramento, California and makes no representation that the proprietary materials are appropriate or will be available for use in other locations. All marketing or promotional materials and other content found on this Site are solely directed to individuals, companies or other entities located in the SMUD's service territory. Any action related to these Terms of Use will be governed by California law and controlling U.S. federal law without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Sacramento County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the Site.

Notice For Claims of Intellectual Property or Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify us immediately. Send a "Notice of Infringement" to dux@smud.org and fax a confirming copy to 1-916-732-6577. The Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A) specifies required information.

Revisions to Terms of Use

You agree that SMUD can revise these Terms of Use at any time without notice or liability by updating this posting. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms of Use. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of SMUD to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SMUD. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.