Legal Terms & Conditions
I. Acceptance of Terms
THESE TERMS AND CONDITIONS OF SERVICE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT (“Agreement”) BETWEEN YOU AND New Hampshire Electric Cooperative, Inc. (“NHEC” or “we”) governing your use of this site www.nhec.com or www.nhec.coop (the “Site”). Please review the Terms fully before you continue to use the Site. By using the Site, you, the visitor (“you”) agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Notice, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. NHEC reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on May 16, 2016. Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service or content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site. Notwithstanding the foregoing, NHEC reserves the right to modify this Site and/or the Terms and Conditions at any time and all users are deemed to be apprised of, and bound by, any such modifications. You should visit this page periodically to review the Terms and Conditions.
II. Privacy Notice
III. Legal Notice
NHEC will use its reasonable commercial efforts to keep the Site available on a 24-hour/7-day-aweek basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. NHEC cannot promise that access to the Site will be uninterrupted or that you will have available at all times. NHEC assumes no liability or responsibility for any delay, interruption, or downtime. NHEC will make every effort to present accurate, reliable and timely information and data on this web site. Although we strive to provide thorough and error free materials on this site, we make no representation, nor do we certify, guarantee, or otherwise warranty, the quality, truth, accuracy, completeness, timeliness or suitability of this site or information for any purpose. All information contained or presented on this web site is provided “AS IS” without any warranties of any kind, expressed or implied. NHEC SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ACCESS TO, OR USES OF, THIS WEB SITE OR ANY CONTENT, INFORMATION, MATERIALS OR SERVICES HEREIN. NHEC DOES NOT WARRANT THAT THIS WEB SITE WILL OPERATE IN AN ERROR FREE MANNER OR THAT IT IS FREE OF MALWARE, VIRUSES, MALICIOUS CODE OR OTHER HARMFUL MATERIALS. NHEC SHALL NOT BE LIABLE FOR DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROGRAMS OR DATA ON YOUR INFORMATION HANDLING SYSTEM OR THE LOSS OF ANY BUSINESS, REVENUE, PROFIT, USE OR OTHER ECONOMIC ADVANTAGE. All users of this web site have the sole responsibility to take any and all reasonable precaution to prevent unauthorized access to any passwords, user identification, logon identification or other information used to gain access to this web site or third party sites linked to from this Site, and to all information contained thereon. Users shall also have the sole responsibility to provide for their own security and protection mechanisms when connected to this site and shall not make any claim against NHEC for data loss, inaccurate output, work delays or the like, resulting from the use of the site or materials contained therein. By using this web Site, you agree to defend, indemnify, and to hold harmless, NHEC, its directors, officers, employees and agents, from and against any and all losses, claims, damages, costs and expenses which may result from your use of this Site or for your noncompliance with these stated Terms and Conditions. NHEC assumes no responsibility for consequences resulting from the use of any information, data, links or other information contained within, or to that contained at other linked sites. We expressly disclaim all liability for damages arising out of, or in any way connected with, the access to, or, the use of, the NHEC Site or for any content, information, material or services contained therein.
IV. Intellectual Property and Third Party Content
V. Educational Content
With respect to Content designated as available for download for educational purposes, librarians, teachers, support staff, administrators, and other staff of educational institutions are authorized to download, print, reproduce, and distribute such Content as may be beneficial for use in educational settings. This authorization extends only as far as is necessary to directly benefit students. Content subject to this Section may not be disseminated beyond the user’s particular educational institution and may under no circumstances be used for commercial purposes. Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.
VI. User Conduct
You agree to indemnify, defend, and hold harmless NHEC; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms. NHEC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with NHEC in asserting any available defenses.
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance, or breach, shall be settled by final and binding arbitration in New Hampshire, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of New Hampshire, without regard to its conflict of laws provisions, and you agree that the arbitrators shall award all costs of arbitration, including reasonable attorneys’ fees plus legal rateof-interest, to the successful party. Copyright claims shall be brought in the Federal District Court for the State of New Hampshire, and all parties to this Agreement expressly consent to this jurisdiction. If you are an agent for or an employee of a non-U.S. company, but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the U.S. in the manner described here. If NHEC is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse NHEC for its respective legal fees, costs, and disbursements if NHEC is successful.