|Terms & Conditions|
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
Your use of the Enron Creditors Recovery Corp. (“ECRC”) website, located at enron.com (the "Site"), is expressly conditioned on your acceptance of these Website Terms and Conditions (the "Terms"). By using this Site, you signify your assent to these Terms. If you do not agree with any part of these Terms, you must not use this Site.
1. OWNERSHIP. This Site, together with the arrangement and compilation of the content found on this Site (the "Content"), is the copyrighted property of ECRC and/or its various third party partners. The trademarks, service marks and logos displayed on this Site (collectively referred to as the "Trademarks") are Trademarks of ECRC and/or its various third party partners. Except as otherwise granted in these Terms, nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content or Trademarks without the written permission of ECRC, or such other party that may own the Trademarks.
3. USE OF SITE. ECRC grants you a limited, non-transferable license to use this Site in accordance with these Terms. You may only use this Site to view information presented at this Site and to make legitimate inquiries. You may not use this Site for any other purposes, including without limitation, to make any false or fraudulent inquiries. This Site and the content provided in this Site, including any text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered without the written permission of ECRC, and/or its third party partners, except that you may download, display and print the materials presented on this Site for your personal, non-commercial use only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this Site without the prior written permission of ECRC. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this Site to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site. You agree that you will not take any action that imposes a burden or load on our infrastructure that ECRC deems in its sole discretion to be unreasonable or disproportionate to the benefits ECRC obtains from your use of this Site. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials on this Site, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this Site.
4. AGE AND RESPONSIBILITY. If you register with this Site to become a member, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability you may incur as a result of the use of this Site.
6. REVIEW OF TRANSMISSIONS. ECRC may, from time to time monitor and review any information transmitted or received through this Site and reserves the right to sensor, edit, remove or prohibit the transmission or receipt of any information that ECRC deems inappropriate or in violation of these Terms.
7. DISCLAIMER OF WARRANTIES. THIS SITE AND THE CONTENT LOCATED HEREIN IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE REQUIRED BY LAW, ECRC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, NEITHER ECRC NOR ITS THIRD PARTY PARTNERS WARRANT THAT ACCESS TO THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED. ECRC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OF ANY INFORMATION, OR CONTENT PROVIDED ON THIS SITE OR IN ANY EMAIL COMMUNICATION SENT BY OR ON BEHALF OF ECRC. The material on this site is provided for informational purposes only.
8. LIMITATION OF LIABILITY. ECRC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE. IN NO EVENT SHALL ECRC BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY ECRC, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. If, notwithstanding the foregoing, ECRC or any third party provider or distributor should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this Site or its content, the liability of ECRC and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge, if any, for accessing this Site, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to ECRC and without any liability whatsoever, ECRC at any time and without notice may terminate or restrict your access to any component of this Site. Some states do not allow certain limitations of liability, so the foregoing limitation may not apply to you.
9. INDEMNIFICATION. You shall defend and indemnify ECRC and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site or violation of these Terms.
10. LINKS. This Site contains links to other websites which are provided solely as a convenience to you and not as an endorsement by ECRC of the contents of such other websites. ECRC shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
11. CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT AND AGENT. If you believe your copyright or other intellectual property rights have been infringed by the Content found on the Site, we ask that you please provide to ECRC's Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Â§ 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send such notice as directed above to:
Enron Creditors Recovery Corp.
P.O. Box 1188, Suite 1600
Houston, TX 77251-1188
Attn: General Counsel
13. RELATIONSHIP. The relationship between ECRC and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.
14. GOVERNING LAW. These Terms and its performance shall be governed by the laws of the State of Ohio, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Ohio, United States of America, in all questions and controversies arising out of your use of this Site and these Terms. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this Site must be brought within two (2) years from the date on which such claim or action arose or accrued. ECRC controls and operates this Site from its headquarters in the United States of America and the Site may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
15. ATTORNEY'S FEES. If ECRC takes any action to enforce these Terms, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
16. INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any provision of these Terms will cause such damage to ECRC as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that ECRC shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by ECRC in obtaining such an injunction, including, without limitation, reasonable attorneys' fees. You agree that no bond or other security shall be required in connection with such injunction.
17. TERMINATION. ECRC may terminate these Terms and/or the provision of any services related to this Site at any time for any reason, including any improper use of this Site or your failure to comply with these Terms. Such termination shall not effect any right to relief to which ECRC and its third party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to ECRC and its third party providers or distributors, as applicable.
18. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
20. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions.
21. SEVERABILITY. The provisions found in these Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
22. HEADINGS. The headings used in these Terms are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
23. ENTIRE AGREEMENT. These Terms, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.