General Use Restrictions
All information, documents, products and services, trademarks, logos, graphics, images and other proprietary materials provided on smud.org 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 smud.org 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 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.
Password restricted areas of the site
Certain areas of smud.org, 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. You agree to immediately notify SMUD of any unauthorized use of your account or any other breach of security in relation to the site known to you.
You agree not to violate or attempt to violate the security of or interfere with the operations of smud.org, 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
smud.org 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.
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, 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 smud.org 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 SMUD.ORG 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.
Local and Applicable Law
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 Ralph.Frattura@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.