Terms and Conditions
i. "We", "us", "our" or “Iberdrola Texas” means Iberdrola Solutions LLC PUCT #10267 and having its registered office at One City Center, 5th Floor, Portland, ME 04101;
ii. “Iberdrola Group" means Iberdrola and any other member of the corporate group headed by Iberdrola, S.A.
iii. "You" or "your" means the person using our Website;
iv. "Website" means the Iberdrola Texas website.
1.2 Your access to and use of this Website is subject to the following Terms and Conditions. For the avoidance of doubt, "use" of the Website includes, without limitation, accessing, browsing, linking to, posting material on or registering to use our Website.
1.3 If these Terms and Conditions are not accepted by you in full, your use of this Website must be terminated immediately. Your continued use of this Website shall be deemed acceptance by you of these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not use this Website
1.4 Iberdrola reserves the right to change these Terms and Conditions at any time by posting an amended version on the Website. You shall visit this page periodically to review any such changes to these Terms and Conditions. Continued use of the Website after changes have been posted shall be deemed to constitute your acceptance of the amended Terms and Conditions.
1.5 Transactions for the purchase of electricity service from Iberdrola are governed, as applicable, by the Terms of Service.
1.6 Additional terms and conditions may apply to specific portions, services, or features of the Website.
2. Accessing the Website
2.1 Iberdrola Texas does not warrant that the functions contained in, and the material made available via, this Website will be uninterrupted or error free, that any defects which may occur will be corrected, or that this Website or the server that makes it available are free from viruses or bugs. You are responsible for configuring your information technology, computer programs and platforms in order to access the Website. You should use your own virus protection software.
2.2 Iberdrola Texas reserves the right to make changes to this Website and any product or service described in this Website at any time. Please note that any of the content on the Website may be out of date at any given time, and Iberdrola Texas is under no obligation to update it.
2.3 Although the information and material contained in this Website is based upon information that Iberdrola Texas considers reliable and Iberdrola Texas shall use reasonable endeavors to ensure that such information and material is accurate, current and complete, Iberdrola Texas does not represent that this information or material is accurate, current or complete and it should not be relied upon as such.
2.4 The content on our Website is provided for your general information purposes only. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
2.5 We may suspend or terminate the operation of the Website or any part of it at any time in our sole discretion although we will make reasonable efforts to let you know if we are going to suspend or terminate the operation of the Website or any part of the same.
3. Acceptable Use
3.1 In accessing Iberdrola Texas's Website, you agree that you may and shall only use the Website and any downloaded content of the Website for your own use as a customer or prospective customer of Iberdrola Texas. Iberdrola Texas reserves the right to withdraw this authorization at any time by notice on this Website. Use of the Website in any other way, including in contravention of any restriction on use set out in these Terms and Conditions, is not permitted.
3.2 You are not permitted and agree not to copy, broadcast, download, store (in any medium), transmit, show or play in public in any way the content of this or any part of the Website for any purpose whatsoever other than your own personal and domestic, non-commercial use, without our prior written approval.
3.3 You are not permitted and agree not to adapt or change in any way the content of this or any part of the Website.
3.3 You agree to use this Website only for lawful and proper purposes, and in a manner which does not infringe, restrict or limit the rights or enjoyment of this Website by any other person. In particular, but without limitation, you must not do anything which is unlawful or fraudulent, or which may harass or cause distress or inconvenience to any person, or disrupt the normal flow of dialogue within this Website or transmit any material which is or may be obscene, offensive, indecent or unsolicited (e.g. spam).
3.4 If you fail to comply with the above, we reserve the right to immediately terminate your right to link to and share the content of the Website, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of materials from the Website that you have made.
4. Customer Account
4.1 If you become a registered user of the Website and create an account ("Customer Account"), you will require a valid email address and will be asked to enter a username, password and any other piece of information Iberdrola Texas deems necessary as part of its security procedures. You agree that all information that you provided to create a Customer Account or otherwise will be correct, current and complete. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or personal data.
5. Linking and framing
5.1 You may create a link to the Website from another website without Iberdrola Texas's prior written consent provided no such link:
i. creates a frame or any other browser or border environment around the content of the Website;
ii. implies that Iberdrola Texas or the Iberdrola Group endorse your products or services or any of the products or services of, or available through, the website on which you place a link to the Website;
iii. displays any of the trademarks or logos used on the Website without Iberdrola Texas's prior written permission or that of the owner of such trademarks or logos; or
iv. is placed on a website that itself does not meet the Acceptable Use requirements set out in Clause 3 of these Terms and Conditions.
5.2 Iberdrola Texas reserve the right to require you to immediately remove any link to the Website at any time and at its own discretion, and you shall immediately comply with any request by Iberdrola Texas to remove any such link.
5.3 Our Website may contain hyperlinks or references to third party websites other than the Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
6. Disclaimer of Warranties; Limitation of Liability
6.1 This Website all information contained herein (including, without limitation, names, images, pictures, logos and icons regarding or relating to Iberdrola or Iberdrola Group) and any services available herein are provided on an “as is” and “as available” basis, without any representation, endorsement or warranty of any kind, express or implied (by law or otherwise). Your use of the Website, its content and any services available herein is at your own risk.
6.2 Except for any legal responsibility that Iberdrola cannot exclude or limited under applicable law , in no circumstances shall Iberdrola, the Iberdrola Group, their licensors, service providers, employees, agents, officer or directors be liable for any loss or damage, howsoever arising (whether for breach of contract, in negligence, in delict or tort or otherwise), out of or in connection with the use, or inability to use the Website, any content on the Website, or any services available herein, including, without limitation, any: (i) losses that were foreseeable to you and Iberdrola Texas when this contract was formed; (ii) losses that were not caused by any breach on Iberdrola Texas's part; (iii) business losses; (iv) losses to non-consumers; (v) loss of profit; (vi) special, incidental, consequential or punitive damages; or (vii) losses arising from any errors or omissions in the information contained in or referred to in this Website.
7. Ownership and Intellectual Property
7.1 All intellectual property rights, in and to this Website and its form and content are owned by Iberdrola Texas or the Iberdrola Group or the licensors of the same. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
7.2 Neither the name "Iberdrola", the Iberdrola logo (or in either case, anything confusingly similar to it) nor any other proprietary rights of Iberdrola Texas, the Iberdrola Group or their licensors contained in this Website may be used in any way, including, without limitation, in advertising or publicity in respect of the distribution of any of the information contained in this Website without the prior written approval of Iberdrola Texas and nothing in this Website constitutes a license to use any such rights in any way except as expressly permitted herein.
7.3 Nothing in these Terms and Conditions grants you any legal rights in the Website. You agree not to adjust to try to circumvent or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.
8. User contributions
8.1 You acknowledge that by posting comments, information or materials (including contributions) on our Website ("Materials") you grant to Iberdrola the Iberdrola Group, and our successors and assigns, an irrevocable, perpetual, royalty free, worldwide license to use those Materials both within the Website and in any other manner and for any purpose, including commercial purposes, and to authorize others to do so. This license extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the Materials.
8.2 Please be aware that any Materials you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.
8.3 You represent and warrant that: (i) you own or control all rights in and to the Materials and have the right to grant the license granted above, and (ii) all of your Materials do and will comply with these Terms and Conditions.
8.4 You understand and acknowledge that you are responsible for any Materials you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Iberdrola Texas hereby disclaims any and all liability that may arise in connection with any and all Materials posted, uploaded or supplied by you on the Website.
9. Privacy / Data Protection
9.3 Iberdrola Texas will use technical and organizational measures to safeguard your personal information, for example:
i. access to your account is controlled by a password and user name that are unique to you;
ii. Iberdrola Texas stores your personal data on secure servers; and
iii. payment details are encrypted using SSL technology (typically you will see a lock icon or green address bar (or both) in your browser when Iberdrola uses this technology).
9.4 While we will use all reasonable efforts to safeguard your personal information, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal data that are transferred from you or to you via the internet. If you have any particular concerns about your information, please contact us.
10. Enforcement, Termination
10.1 We have the right to:
i. Remove or refuse to post any Materials for any or no
reason in our sole discretion.
ii. Take any action with respect to any Material that we deem necessary or appropriate in our sole discretion, including if we believe that such Material violates the Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens
the personal safety of users of the Website or the public, or could create liability for Iberdrola Texas.iii. Disclose your identity or other information about you to any third party who claims that Material posted by you violates their rights, including their intellectual property rights or their privacy.
iv. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
v. Terminate or suspend your access to all or part of the Website for any violation of these Terms and Conditions.10.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Materials on or through the Website. You waive and hold harmless Iberdrola Texas and the Iberdrola Group from any claims resulting from any action taken by us during, or taken as a consequence of investigations by either us or law enforcement authorities.
10.3 We do not undertake to review all Materials before it is posted on the Website, and cannot ensure prompt removal of objectionable Material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
You agree to defend, indemnify, and hold harmless Iberdrola Texas, the Iberdrola Group and their licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your Materials, any use of the Website's content, services, and products other than as expressly authorized in these Terms and Conditions, or your use of any information obtained from the Website.
12.1 Access to and use of the Website and services is made available only to people who can form legally binding agreements under applicable law. The Website is not intended to be used by minor children.
12.2 No waiver by Iberdrola Texas of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or condition, and any failure of Iberdrola Texas to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
12.3 If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of law then, to the extent and within the jurisdiction which that term or condition is found to be illegal, invalid or unenforceable, it shall be deleted and severed to the minimum extent such that the remaining Terms and Conditions shall survive and shall continue to be binding and enforceable.
12.4 We make no representation that the content on our Website is appropriate, legal or available for use outside the United States. You may not use or export any content on the Website in violation of United States export laws and regulations.
12.5 The Terms and Conditions and any additional terms (as such terms shall be identified when posted on the Website) constitute the entire understanding between the parties as to the subject matter here of and supersede all prior agreements and understandings.12.6 You consent to receive communications from us electronically. We may communicate with you by email or by posting notice on this Website. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.
13. Law and Jurisdiction
13.1 These Terms and Conditions shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof. Courts sitting in the State of Texas, federal and state, shall have exclusive jurisdiction over any dispute arising hereunder.
14. Contact Us
Any notices of copyright infringement should be sent to: firstname.lastname@example.org. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com.