(Last modified 10/18/02)
1. Except as otherwise provided in the ERCOT Protocols (including the Protocols Standard Form Agreements), by accessing this website, you agree to the terms of this Website User Agreement ("Agreement") set out below. If you do not agree with the terms of this User Agreement, do not access the website or any pages thereof. The "ERCOT Protocols" shall mean the document adopted by ERCOT, including any attachments or exhibits referenced in that document, as amended from time to time, that contains the scheduling, operating, planning, reliability, and settlement policies, rules, guidelines, procedures, standards and criteria of ERCOT.
2. ALL INFORMATION CONTAINED HEREIN, OR ANY WEBSITE LINKED HERETO, IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. ERCOT MAKES NO REPRESENTATIONS WITH RESPECT TO SAID INFORMATION AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
3. ERCOT ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE. ERCOT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR, AND YOU AGREE TO INDEMNIFY ERCOT, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM, DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE (INCLUDING ANY BREACH OF THIS AGREEMENT), OR ANY SITE LINKED THERETO, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF ERCOT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR OF A CLAIM, OR POTENTIAL CLAIM, BY ANOTHER PARTY, INCLUDING A CLAIM FOR PUNITIVE DAMAGES.
4. This website contains links to sites not maintained by ERCOT. You are advised that any use of a linked website is solely at your risk. ERCOT cannot and does not make any warranties or representations with respect to any information available through these links and disclaims any opinions expressed on such websites. Links to other websites or references to products, services or publications other than those of ERCOT do not imply the endorsement or approval by ERCOT of such websites, products, services or publications.
5. The information presented on this website has been compiled by or for ERCOT for general information purposes only. The publicly available contents of this website may be used, reproduced and redistributed, provided that the contents are not modified and that you maintain all copyright and other notices contained in the contents, including this Agreement. Notwithstanding the foregoing, raw data provided in public portions of this website may be used, reproduced and redistributed in compilations, charts and analyses without maintaining such notices. ERCOT does not guarantee the accuracy of any such compilation, chart or analysis.
6. Use of this website in a manner that negatively affects the performance of the website or other ERCOT systems is prohibited. ERCOT reserves the right to take any and all action reasonably necessary to prevent such activity, including but not limited to monitoring website use and blocking access to the website. As a condition of your use of this website, you will not use the website for any purpose that is unlawful or not in accordance with this Agreement. ERCOT reserves the right, in its sole discretion, to terminate your access to the website or any portion thereof at any time, without notice.
7. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Texas, without reference to any rules of conflict of laws. With respect to any suit, action or other proceeding arising from or relating to this Agreement, you hereby irrevocably agree to the exclusive personal jurisdiction and venue of the United States District Court for the Western District of Texas or any Texas State Court within Travis County, Texas.
8. USE OF ERCOT LIST SERVER (EMAIL) LISTS FOR MARKETING PRODUCTS AND/OR SERVICES IS STRICTLY PROHIBITED. HOST DOMAINS OF VIOLATORS WILL BE DENIED ACCESS TO THE ERCOT SERVER.
9. The ERCOT logo, "ERCOT," and "The Texas Connection" are either trademarks or registered trademarks of ERCOT and may not be used without the prior written permission of ERCOT.