Terms of Use

The Terms of Use were last modified on 8/21/2019.

 

READ BEFORE CONTINUING — YOUR ACCEPTANCE OF TERMS OF USE

Performance Utilities & Billing, LLC is pleased to provide you with the information on the Performance Utilities website. Your use of the Performance Utilities website is subject to the following Terms of Use (“Terms”). These Terms are a binding contract between you and Performance Utilities & Billing, LLC. By using or accessing the Performance Utilities website, you accept and agree to be bound by these Terms. Your use of the Performance Utilities website is governed by the version of the Terms in effect on the date the Performance Utilities website is accessed by you. Performance Utilities & Billing, LLC may modify these Terms at any time and without prior notice. You should review the most current version of this document by visiting the site and clicking on the Terms of Use hyperlink located at the bottom of the page. These Terms are in addition to any other agreements between you and Performance Utilities & Billing, LLC, including any customer or account agreements, and any other agreements that govern your use of products, services, content, tools, and information available on the Performance Utilities website.

 

USE OF THE PERFORMANCE UTILITIES WEBSITE.

The Performance Utilities website is intended only for your personal, non-commercial use, unless you and Performance Utilities & Billing, LLC have agreed otherwise in writing. 

 

COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS.

The Performance Utilities website is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in Performance Utilities website, including any text, graphics, video, audio, software code, user interface design or logos. Unless you and Performance Utilities & Billing, LLC have agreed otherwise, links from another website to the Performance Utilities website must resolve to the top-level homepage of the Performance Utilities domain. In order to avoid confusion if you do link from another website to the Performance Utilities top-level homepage, your website, and the link itself, may not suggest that Performance Utilities & Billing, LLC endorses, sponsors or is affiliated with any non- Performance Utilities website, entity, service or product, and may not make use of any Performance Utilities & Billing, LLC trademarks or service marks other than those contained within the text of the link. All trademarks and service marks on the Performance Utilities website belong to Performance Utilities & Billing, LLC. or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.

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If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Performance Utilities & Billing, LLC with the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works; An identification of the allegedly infringing material, and a description of where that material is located on the Performance Utilities website; Your address, telephone number, and email address; A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner. The Performance Utilities Agent for Notice of claims of copyright infringement can be reached as follows:

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By mail: 9050 N. Capital of Texas Hwy, Bldg. 3, Suite 320, Austin, TX 78759

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By phone: 512-394-8359

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By email: info@performanceutilities.com

 

THIRD PARTY CONTENT AND SITES.

The Performance Utilities website includes general news and information, commentary, research reports and data concerning the utilities, billing, and other subjects. Some of that content is supplied by companies that are not affiliated with Performance Utilities & Billing, LLC (“Third Party Content”). Most Third Party Content is available through framed areas or through hyperlinks to third party websites, and its source is clearly and prominently identified. Although Third Party Content may be framed-in on the Performance Utilities website or available through a link to a third-party site, Performance Utilities & Billing, LLC does not prepare, edit, or endorse Third Party Content. Performance Utilities & Billing, LLC therefore does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. You will use Third Party Content only at your own risk.

 

TIMELINESS OF CONTENT.

All content on the website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

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PROHIBITED USES.

Because all servers have limited capacity and are used by many people, do not use the Performance Utilities website in any manner that could damage or overburden any of Performance Utilities & Billing, LLC or its affiliates’ server, or any network connected to any of Performance Utilities & Billing, LLC or its affiliates’ server. Do not use the Performance Utilities website in any manner that would interfere with any other party’s use of the Performance Utilities website.

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MEANS OF ACCESS.

The Performance Utilities website is generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the Performance Utilities website, be aware that the Performance Utilities website may not appear accurately through other access methods, and you use them only at your own risk. You should not access the Performance Utilities website through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Performance Utilities & Billing, LLC. Certain parts of the Performance Utilities website are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Performance Utilities website, or to any other protected materials or information, through any means not intentionally made available by Performance Utilities & Billing, LLC for your specific use.

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PASSWORD SECURITY AND NOTIFICATION.

If you have a Personal Identification Number (PIN) for access to non-public areas of the Performance Utilities website, you are solely responsible for all activities that occur in connection with your PIN. Accordingly, you should take steps to protect the confidentiality of your PIN. Notify Performance Utilities & Billing, LLC immediately if you become aware of any disclosure, loss, theft or unauthorized use of your PIN.

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DISCLAIMER OF WARRANTIES PERFORMANCE UTILITIES & BILLING, LLC DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE PERFORMANCE UTILITIES WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE PERFORMANCE UTILITIES WEBSITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND PERFORMANCE UTILITIES & BILLING, LLC DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. PERFORMANCE UTILITIES & BILLING, LLC DOES NOT WARRANT THAT THE PERFORMANCE UTILITIES WEBSITE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. PERFORMANCE UTILITIES & BILLING, LLC ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE PERFORMANCE UTILITIES WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PERFORMANCE UTILITIES WEBSITE WILL MEET YOUR EXPECTATIONS. THIS PROVISION MAY NOT APPLY TO PARTICIPANTS IN CERTAIN EMPLOYER-SPONSORED WORKPLACE SAVINGS PLANS. LIMITATION OF LIABILITY PERFORMANCE UTILITIES & BILLING, LLC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE PERFORMANCE UTILITIES WEBSITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF PERFORMANCE UTILITIES & BILLING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. PERFORMANCE UTILITIES & BILLING, LLC WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH PERFORMANCE UTILITIES & BILLING, LLC DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR IF YOU ACCESS THE PERFORMANCE UTILITIES WEBSITE SOLELY THROUGH AN ARRANGEMENT WITH YOUR EMPLOYER OR PLAN SPONSOR, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

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INDEMNIFICATION

As a condition of your use of the Performance Utilities website, you agree to indemnify and hold Performance Utilities & Billing, LLC and its third party providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of Performance Utilities website, or from your violation of these Terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.

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CHANGES TO THE CASORO GROUP WEBSITE

Unless otherwise agreed, Performance Utilities & Billing, LLC may discontinue or modify the Performance Utilities website at any time without prior notice to you, and you accept those modifications if you continue to use the Performance Utilities website.

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TERMINATION

Performance Utilities & Billing, LLC may terminate your access to the Performance Utilities website for any reason, without prior notice.

GOVERNING LAW

Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the State of Texas, without regard to conflicts of law, and shall inure to the benefit of Performance Utilities & Billing's successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.

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SEVERABILITY

If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.