Website Terms of Use Agreement

This Terms of Use Agreement ("Agreement") constitutes a valid, binding contract between you and El Paso Electric Company ("EPE"), the owner and operator of www.epelectric.com, with respect to the use of this website (the "Site"). The services of EPE are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and EPE. Please print a copy of this agreement for your records.

EPE takes the issue of privacy of its customers very seriously. To view our privacy policy, click here.

PERSONAL USE OF CONTENTS

The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all copyright, trademark and other proprietary notices. For commercial use of any portion of the contents you must secure the written consent from the appropriate content provider.

USE OF SITE

Your use of the Site is at the sole discretion of EPE, which may deny you further use of the Site at any time, for any reason, with or without cause. Neither your use of the Site nor registration entitles you to continue to use the Site.

In order for us to provide services through this Site, you must provide true, accurate and current information about yourself as prompted by the Site's registration form. EPE is not responsible for transactions resulting from information you provide that is untrue, inaccurate, incomplete or fraudulent.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

  1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
  2. upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  3. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
  4. upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.

LINKS TO OTHER SITES

The Site may contain links to third party websites. Such third party websites are not under the control of EPE. Please note that EPE is not responsible for the accuracy or content of websites of other providers which may have links from this Site. Accordingly, EPE makes no representation concerning the content of these sites to you, nor can the fact that EPE has provided this link serve as an endorsement by EPE of this or any other site. In creating hypertext links to any other website, EPE is not recommending that website or giving any assurances as to its standing. EPE is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. EPE makes no warranties, express or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

INFORMATION PROVIDED BY YOU

Any comments or materials posted, submitted, or delivered to EPE on this Site or otherwise including, but not limited to, feedback data, such as questions, comments, suggestions, or the like (collectively, "Feedback"), shall be deemed to be non-confidential. You agree that EPE shall have no obligation with respect to the use of such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS EPE FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DAMAGES, COSTS, AND EXPENSES ARISING FROM OR RELATED TO YOUR USE OF THE SITE.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES PROVIDED TO YOU ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS REQUIRED BY APPLICABLE LAW, EPE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED OR SERVIES RENDERED HEREUNDER WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR BE PERFORMED WITHOUT INTERRUPTION.
  2. EPE MAKES NO WARRANTY THAT:
    1. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
    2. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
    3. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS OR BE RENDERED WITHOUT INTERRUPTION.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPE OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EPE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE SITE;
  2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
  4. ANY OTHER MATTER RELATING TO THE SITE OR SERVICES PROVIDED HEREUNDER.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST EPE ARISING OUT OF THE USE OF THE SITE.

EPE SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

INTELLECTUAL PROPERTY RIGHTS

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

  1. EPE's logo, and other trademarks, service marks, logos, product names and service names (collectively, the "Marks") are owned or licensed by EPE. You agree not to copy, display or otherwise use any of the Marks without the prior written permission of EPE.
  2. The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, audio and video clips, html and all scripts within the site associated therewith, are the sole and exclusive copyright of El Paso Electric Company, © 2014, El Paso Electric Company. All rights reserved.

MODIFICATION

EPE may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and EPE with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement, and there has been no reliance by you upon any such representations, warranties, terms, agreements or conditions.

SEVERABILITY

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

GOVERNING LAW AND VENUE

This Agreement, the entire relationship between you and EPE, and any litigation or other legal proceeding between you and EPE (whether grounded in tort, contract, statute, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules.

This contract is fully performable in El Paso, Texas. Any litigation arising between the parties hereto shall be brought exclusively in the state or federal courts having subject matter jurisdiction in El Paso County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

TERMINATION

EPE may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

CONTACT INFORMATION

If you have a comment, question or request, or if you need to contact EPE, there please do so via the following information.

Public Relations Department
c/o Public Relations
P.O. Box 982
El Paso, Texas 79960

We can also be reached by e-mail at public_relations@epelectric.com.