PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your use of the FirstLight Power LLC (“FirstLight”) website (the “Website”) is expressly conditioned on your acceptance of the following terms and conditions. By using the Website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website.
1. OWNERSHIP. Except for items in the public domain, the information and all other materials comprising the Website (collectively, the "Materials"), are wholly owned by (or licensed to) FirstLight and/or its content providers. The Website contains copyrighted material, trademarks, and other proprietary information. FirstLight owns a copyright in the selection, coordination and arrangement of the Website. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of FirstLight or such other party that may own the Materials.
2. USE OF WEBSITE. The Website may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the Website and/or the Materials may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials. The use of the Materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting on the Website any unlawful, threatening, libelous, defamatory, obscene, pornographic 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.
As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Website.
By uploading or otherwise submitting a file or other information ("Contribution") to the Website, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to FirstLight a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, view, print and display the Contribution for that user’s personal use.
Notwithstanding the above, the foregoing provisions concerning use of Contributions by FirstLight shall not apply to files or other information that is uploaded or otherwise submitted by vendors accessing the Website for the purpose of conducting electronic commerce on FirstLight’s website.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are financially responsible for all uses of the Website by you and those using your login information.
4. ACCOUNT ACCESS. You understand and agree that you are solely responsible for maintaining the integrity of your online account access User ID and Password. You further agree to only establish online account access for your own account(s) or for those accounts to which you have been granted permission to access. FirstLight is not liable for damages or losses incurred by either the account owner or the user in the event that a user establishes account access to an account which is not his/hers and for which he/she has not been granted permission to access by the account owner.
5. PRIVACY. You have read the FirstLight Privacy Policy, the terms of which are incorporated herein as if fully set forth, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by FirstLight and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the FirstLight Privacy Policy.
6. NO WARRANTIES AND LIMITATION OF LIABILITY. Your use of the Website is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files, data or other material (including software) obtained through the Website. FirstLight strives to ensure the accuracy of the information presented on the Website, however due to various circumstances, including, but not limited to, delays caused by postal handling, upgrades and/or changes to FirstLight’s bill and payment processing system, there may be variances between the information available on the Website and your actual bill and payment information, energy usage history or other statistical data. For this reason, neither FirstLight nor any of its affiliates, subsidiaries, business units, and content providers can guarantee the accuracy, truthfulness or reliability of any information provided on or by means of the Website.
THE WEBSITE, MATERIALS AND THE CONTENT PROVIDED THEREON ARE PROVIDED "AS IS", AND NEITHER FirstLight NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by FirstLight or any of its affiliates, subsidiaries, business units, content providers, agents, or the like shall create any warranty. Neither FirstLight nor any of its content providers, agents, or the like warrants that access to, or use of, the Website will be uninterrupted, virus free, or error-free, or that the Website (including, without limitation, any content and Materials on the Website) will meet any particular criteria of performance or quality. FirstLight, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT FirstLight KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE. FURTHERMORE, FirstLight, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE.
7. LIMITATION OF LIABILITY. FirstLight and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Website, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if FirstLight has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, FirstLight and all of its affiliates, subsidiaries, business units, content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
You acknowledge and agree that the provisions of this Section 7 and Section 6 above represent a reasonable allocation of the risks under this Agreement. FirstLight’s willingness to allow you to use the Website reflects this allocation of risk and the limitations of liability specified herein.
8. INDEMNIFICATION. You agree to indemnify FirstLight and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys' fees), and/or damages arising out of claims based upon your use of the Website including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
9. LINKS. The Website may contain links to websites operated by parties other than FirstLight. Such links are provided for your reference only. FirstLight does not control such websites and is not responsible for their contents. Neither FirstLight, nor any of its affiliates, subsidiaries, business units, content providers, agents and the like make any representation or warranty regarding any other websites or the contents or Materials on such websites. The Website’s inclusion of links to other websites does not imply FirstLight’s endorsement of the material on such websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
10. FORWARD-LOOKING STATEMENT DISCLOSURE. Any investor information contained on this Website is forward-looking information based on current expectations and plans that involve risks and uncertainties. Although FirstLight believes that this forward-looking information is accurate, its business is dependent on various regulatory issues, general economic conditions and future trends, and these factors can cause actual results to differ materially from the forward-looking information that has been provided. You are cautioned not to put undue reliance on this forward-looking information, which is not a guarantee of future performance and is subject to a number of uncertainties and other factors, many of which are outside the control of FirstLight. Stock quotes are time delayed and should not be used for real-time investment decisions. All postings are subject to this notice regarding forward-looking statements and these terms and conditions.
11. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Connecticut, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Connecticut in all questions and controversies arising out of your use of this Website and the application and interpretation of these terms and conditions.
