By accessing and using the website you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, you are not authorized to use the Website.
We may modify these Terms at any time with or without prior notification of any such modification. Your use of the Website shall be subject to and governed by the Terms in effect at such time. Please note that we may discontinue some or all of the features and functionality associated with the Website at any time in our sole and absolute discretion.
By using the Website you hereby agree that any information you have provided to Northeast Power through the Website is true and accurate to the best of your knowledge; and that you have read and accept the terms of our Privacy Statement.
The Website is for personal use only. The following activities are expressly prohibited:
(i) sending unsolicited email or other communications using any information obtained in connection with the Website,
(ii) any use of the Website which, in our sole judgment, jeopardizes the reliability, speed, or operation of the Website or any related computer systems, and
(iii) any use of the Website for an illegal or improper purpose.
Unless otherwise noted, all text, images, graphics, photographs, video clips, designs, icons, sounds, information, data, and other materials displayed, used, or incorporated by Northeast Power on the website (“Northeast Power Content”) are copyrights, trademarks, service marks, trade secrets, or other intellectual property or proprietary content owned or licensed by Northeast Power. We authorize you to use the Northeast Power Content for your own informational and educational purposes, provided that you do not remove copyright, trademark and other proprietary notices contained in the Northeast Power Content. You may not modify the Northeast Power Content, or reproduce, distribute, or otherwise use it for any public or commercial purpose without our prior written permission. Without limiting the foregoing, any use of the Northeast Power Content on any other website without our prior written permission is prohibited. Nothing in these Terms shall be construed as granting any permission (except as set forth in this paragraph), right, or license in or to any of the Northeast Power Content. Northeast Power reserves all of its intellectual property rights in the Northeast Power Content.
Northeast Power’s trademarks, logos, and service marks (collectively, “Trademarks”) displayed on the Website are owned or licensed by Northeast Power. Nothing contained on the Website or in these Terms should be construed as granting any license or right to use any of the Trademarks.
If you are a copyright owner and believe that any Northeast Power Content infringes upon your copyrights, you or your agent may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further details):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the website are covered by a single notification, a representative list of such works;
(iii) 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 Northeast Power to locate the material;
(iv) Information reasonably sufficient to permit Northeast Power to contact you, such as an address, telephone number, and, if available, an e-mail address;
(v) A statement that you have 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement and other notices relating to Northeast Power Content and/or violation of these Terms is:
Manager of Information Services and Technologies
Northeast Missouri Electric Power Cooperative
3705 Business 61
Palmyra, MO 63461
You agree to indemnify, defend, and hold harmless Northeast Power and its respective past and present directors, officers, employees, agents, and representatives (collectively, the “Indemnified Parties”) from and against any and all claims, actions or demands, including, without limitation, reasonable legal fees, as a result of or in connection with (i) any actual or alleged use or misuse of the Website by you or by any other person acting on your behalf; (ii) any communication or content uploaded or provided to the Website by you or by any other person acting on your behalf; or (iii) any breach or threatened breach by you of these Terms. Northeast Power shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. Northeast Power reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section; in such case, you agree to cooperate with all reasonable requests for assistance in connection with Northeast Power’s defense of such matter.
YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNIFICATION OBLIGATION SET FORTH IN THE PRECEDING PARAGRAPH SHALL APPLY REGARDLESS OF WHETHER NORTHEAST POWER OR ANY OTHER INDEMNIFIED PARTY IS NEGLIGENT IN WHOLE OR IN PART.
NORTHEAST POWER DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NORTHEAST POWER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE GREATEST EXTENT PERMITTED BY LAW AND OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, IN NO EVENT SHALL NORTHEAST POWER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF NORTHEAST POWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Northeast Power to any successor-in-interest.
The website is primarily controlled, operated, and administered by Northeast Power from Palmyra, Missouri, and these Terms shall be governed by United States federal law and the laws of the state of Missouri without reference to any statutory, procedural or common law principles of venue, choice of law or conflicts of law. The exclusive venue and jurisdiction for any and all disputes arising out of or relating to these Terms shall be the state or federal courts having competent jurisdiction over Marion County, Missouri.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. Failure to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Northeast Power can be reached via the following ways:
Northeast Missouri Electric Power Cooperative
P.O. Box 191
3705 Business 61
Palmyra, MO 63461
Effective: July 12, 2018.