1. Ownership of Material
Except as otherwise indicated, this website and its entire contents, including but not limited to, the text, information, material, software and graphics (collectively the “Content”) are owned and/or controlled by York Electric Cooperative, Inc. This website and Content may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way without York Electric Cooperative’s prior written permission. Also prohibited are: modification of this Content or use of it for any commercial purpose, except as expressly permitted by established contractual relationships between you and York Electric Cooperative or an applicable affiliate of York Electric Cooperative; or, any other public display, performance, sale, or rental; decompilation, reverse engineering, or disassembling of software materials; removal of any copyright notice or other proprietary notice from the Content; or, transferring of the Content to any person or entity.
2. Copyright Notices
The information and Content on the website are protected under United States copyright laws. Everything in this website is copyrighted unless otherwise noted and may not be used except as provided in these Terms & Conditions, or with the express written consent of York Electric Cooperative neither warrants nor represents that use of the Content displayed on this website will not infringe rights of third parties. Any product, service, program, or technology described on this website may be the subject of other intellectual property rights (including but not limited to copyright, trademark, servicemarks, trade name, tagline, or patent rights) owned by York Electric Cooperative reserves any such right that is not expressly licensed herein.
3. Trademark Notices
The trademarks, logos, taglines, and servicemarks (collectively the “Trademarks”) displayed on this website are registered and unregistered Trademarks of York Electric Cooperative and others. Nothing contained on this site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the prior written permission of York Electric Cooperative, or such third party that may own the Trademark. Misuse of any Trademarks, or any other Content, displayed on this site is prohibited.
4. Disclaimer and Limitation on Liability
The information, materials, and functions contained within this website, including text, graphics, links or other items are provided on an “AS IS” basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FREEDOM FROM COMPUTER VIRUSES. York Electric Cooperative does not warrant the adequacy, accuracy, reliability, timeliness, or completeness of the information and Content included in this site or in third party sites linked to or from this site or that the functions provided will be uninterrupted, timely, or error-free. York Electric Cooperative expressly disclaims any liability for any errors in or omissions from information, content, and functions included in this website or any third party sites linked to this website. York ELECTRIC COOPERATIVE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF GOODWILL, HOWEVER ARISING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event will York Electric Cooperative be liable (whether based in contract, tort, strict liability or otherwise) for any direct or indirect, special, incidental, consequential or punitive damages or lost profits or lost savings arising in connection with use of this site (or any third party site linked to or from this site), any technical, hardware, or software failure of any kind, any interruption in availability of this website, any delay in operation or transmission, any incomplete or garbled transmission, any computer loss of data, or otherwise, even if York Electric Cooperative has been advised of the possibility of such damages or loss.
In the event a product or service is listed at an incorrect price due to typographical errors or errors in pricing or calculating information, York Electric Cooperative has the right to correct such errors before fulfilling any orders placed for products and/or services listed at the incorrect price.
5. Disclaimer and Links to Third Party Sites
This website may contain links to third party sites. These links are provided for convenience and informational purposes and are neither under the control of York Electric Cooperative nor is the Content of third party sites monitored by York Electric Cooperative. York Electric Cooperative is not responsible for the Content of any site linked to this website and makes no representations or warranties, express or implied, regarding the Content of any of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship, or affiliation by York Electric Cooperative with respect to any third party, any third party’s website, the Content of any third party’s website, or any products or services provided by a third party. Connection to any such linked site is at the customer’s own risk. It is up to the customer to take precautions to ensure that whatever is selected for use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
6. Governing Law and Jurisdiction
The customer is responsible for compliance with applicable state laws, local laws and regulations. Access to and use of this website and the Terms & Conditions of this site are governed by and interpreted in accordance with the laws of the State of South Carolina without regard to principles of conflicts of laws. Your usage of this site constitutes your consent to the exclusive jurisdiction and venue of the courts in York County, South Carolina (state court) or the Fourth Judicial Circuit (federal court). Venue is limited to South Carolina state courts for claims other than claims as to which federal jurisdiction is exclusive. Further, usage of this site constitutes your consent to personal jurisdiction in the aforementioned jurisdictions.
If any part of these Terms & Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
8. Waiver of Rights
Any failure by York Electric Cooperative to enforce any of its rights under these Terms & Conditions or applicable laws shall not constitute a waiver of such right.
9. Changes to these Terms and Conditions
York Electric Cooperative reserves the right to make changes or updates to these Terms & Conditions at any time without notice by updating this posting. Customers are bound by such revisions and should periodically visit this page to review the then current Terms & Conditions by which they are governed.
10. Changes to Products and Services
York Electric Cooperative may make improvements and/or changes in services and/or the programs described at this website at any time. As a convenience, notice of such improvements and changes may be posted on this website. The failure to post notice will not affect the effectiveness of any such improvements or changes or affect York Electric Cooperative ‘s right to make such modifications and/or changes.
11. Export Control
United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. This site and its users are governed by these laws and regulations as applicable. Users shall not transfer, directly or indirectly, by electronic transmission or otherwise, any Content or software from this website to or from any countries or foreign nationals in violation of such laws or regulations.
Last updated: November 2, 1011