Terms and Conditions
Mid-Carolina Electric Cooperative is the owner of this website (this “Site”) and, together with its subsidiaries and affiliates (collectively referred to as “MCEC” or “we”), makes the Site available to you. These Terms and Conditions of Use (“Terms of Use”) set forth the terms and conditions that apply to your use of the Site.
1. General Terms
In consideration for using this Site, you agree to these Terms of Use. If you do not agree to these Terms of Use, do not use this Site. By using the Site (other than to read these Terms of Use for the first time), you agree to comply with these Terms of Use. MCEC reserves the right to change these Terms of Use from time to time. We suggest that you re-read the Terms of Use (including the Privacy Policy) from time to time so that you stay informed as to any such changes. In any event, by using this Site, you agree that you will be bound by the Terms of Use appearing on this Site at the time you are using the Site. Further, some MCEC services may require you to agree to additional terms and conditions which apply to the specific MCEC services. If you agree to those additional terms and conditions, then those additional terms and conditions also shall form a part of the Terms of Use. You represent and warrant to us that you are age 18 or older.
The right to use the Site is personal to you and is not transferable to any other person or entity. You are responsible for protecting the confidentiality of your password and user name, if you have them.
You acknowledge that the Site may experience service interruptions or events that are beyond MCEC’s control and that MCEC will not be responsible for any information you may lose while you are using the Site or when you transmit information to the Site via the Internet. Your use of the Internet is solely at your own risk and is subject to all applicable state, national, and international laws and regulations.
If you use this Site on behalf of another person or entity, by using the Site, you represent and warrant that you are legally authorized to use this Site on behalf of that other person or entity.
You may be required to provide your email address in order to use the Site. You agree we may use this email address to correspond with you regarding the Site and to send other communications to you. We also may retain this email address for such future use as we may determine.
2. Information on the Site
MCEC has no legal duty to you to update information on the Site. This means information on the Site may be out of date at any given time. MCEC also may make improvements or changes to the information, products, or services described on the Site at any given time without notice.
We may modify, remove, or update information on the Site without notice. MCEC may change or terminate any feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use. MCEC may stop providing any information or category of information, may change or eliminate any transmission method, and may change transmission speeds or other aspects of the Site’s operation.
3. Ownership of Material
Except as otherwise indicated, this Site and its entire contents, including but not limited to, the text, information, material, software and graphics (collectively the "Content") are exclusively owned and/or controlled by MCEC. This Site. MCEC does not transfer or grant any of its intellectual property or other rights to you, including any copyright, trademark, service mark or patent rights, all of which MCEC expressly reserves for itself.
Content may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way without MCEC's prior written permission. You, however, may make reasonable use of the Site and Content for your personal or household purposes, such as making a single copy of content on the Site for your personal records. Also prohibited are: modification of this Content or use of it for any commercial purpose, except as expressly permitted by established contractual relationships between you and MCEC or an applicable affiliate of MCEC; or, any other public display, performance, sale, or rental; decompilation, reverse engineering, or disassembling of software materials; removal of any copyright notice or other proprietary notice from the Content; or, transferring of the Content to any person or entity.
4. Copyright Notices
The information and Content on the Site are protected under United States copyright laws. Everything in this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use, or with the express written consent of MCEC neither warrants nor represents that use of the Content displayed on this Site will not infringe rights of third parties. Any product, service, program, or technology described on this Site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, servicemarks, tradename, tagline, or patent rights) owned by MCEC reserves any such right that is not expressly licensed herein.
5. Trademark Notices
The trademarks, logos, taglines, and servicemarks (collectively the "Trademarks") displayed on this Site are registered and unregistered Trademarks of MCEC and others. Nothing contained on this Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written permission of MCEC, or such third party that may own the Trademark. Misuse of any Trademarks, or any other Content, displayed on this Site is prohibited.
6. Disclaimer and Limitation on Liability
The information, materials, and functions contained within this Site, including text, graphics, links or other items are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FREEDOM FROM COMPUTER VIRUSES. MCEC does not warrant the adequacy, accuracy, reliability, timeliness, or completeness of the information and Content included in this Site or in third party sites linked to or from this Site or that the functions provided will be uninterrupted, timely, or error-free. MCEC expressly disclaims any liability for any errors in or omissions from information, content, and functions included in this Site or any third party sites linked to this Site. MCEC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, OR EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF GOODWILL, HOWEVER ARISING in connection with use of this site (or any third party site linked to or from this site), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Disclaimer and Links to Third Party Sites
This Site may contain links to third party sites. These links are provided for convenience and informational purposes and are neither under the control of MCEC nor is the Content of third party sites monitored by MCEC. MCEC is not responsible for the Content of any site linked to this Site and makes no representations or warranties, express or implied, regarding the Content of any of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship, or affiliation by MCEC with respect to any third party, any third party's Site, the Content of any third party's Site, or any products or services provided by a third party. Connection to any such linked site is at your own risk. It is up to you to take precautions to ensure that whatever is selected for use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
8. Indemnity
You agree to defend, indemnify, and hold harmless MCEC and its affiliates and respective directors, officers, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, cost or debt, and expenses, including but not limited to reasonable attorneys’ fees, arising from (a) your use of and access to the Site and any link to a third-party’s site; (b) your violation of any provisions of these Terms of Use; (c) your violation of any third-party’s right, including (without limitation) any copyright, property, or privacy right; or (d) any claim that content or information you submit causes damage to a third party. This defense and indemnification obligation specifically will survive these Terms of Use and your use of the Site.
9. Governing Law and Jurisdiction
The customer is responsible for compliance with applicable state laws, local laws and regulations. Access to and use of this Site and the Terms of Use of this site are governed solely and exclusively by and interpreted in accordance with the laws of the State of South Carolina without regard to principles of conflicts of laws. Your usage of this Site constitutes your consent to the exclusive jurisdiction and venue of the federal or state courts sitting in and for Lexington County, South Carolina Further, usage of this Site constitutes your consent to personal jurisdiction in the aforementioned jurisdictions.
10. Severability
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
11. Waiver of Rights
Any failure by MCEC to enforce any of its rights under these Terms of Use or applicable laws shall not constitute a waiver of such right.
12. Changes to Products and Services; Errors
MCEC may make improvements and/or changes in services and/or the programs described at this Site at any time. As a convenience, notice of such improvements and changes may be posted on this Site. The failure to post notice will not affect the effectiveness of any such improvements or changes or affect MCEC 's right to make such modifications and/or changes.
In the event a product or service is listed at an incorrect price due to typographical errors or errors in pricing or calculating information, MCEC has the right to correct such errors before fulfilling any orders placed for products and/or services listed at the incorrect price
13. Export Control
United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. This Site and its users are governed by these laws and regulations as applicable. Users shall not transfer, directly or indirectly, by electronic transmission or otherwise, any Content or software from this Site to or from any countries or foreign nationals in violation of such laws or regulations
14. Entire Agreement
These Terms of Use constitute the entire agreement between you and MCEC with respect to the use of the Site and the subject matter hereof. In the event that any page or area of this Site has more-specific terms and conditions, those more-specific terms and conditions shall control with respect to such page or area of the Site.
