EnerTrek Terms of Service

These Terms of Service (“Terms”) govern your access to and use of our Services, including our various websites (“EnerTrek” and “P3” and “Frontier Associates”), APIs, email notifications, and applications that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). These Services are provided by Frontier Associates, LLC (“Frontier Associates” or “we” or “us”) located at 1515 S. Capital of Texas Highway, Austin, TX 78746. Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

1. Basic Terms

You are responsible for your use of the Services, for any Content you provide to the Services, and for any consequences thereof. Some Content you submit through the Services is public and may be able to be viewed by other registered users. Learn more here about who has access to your Content. You should only provide Content that is relevant to the Services under these Terms.

You may use the Services only if you can form a binding contract with Frontier Associates and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Frontier Associates provides are always evolving and the form and nature of the Services that Frontier Associates provides may change from time to time without prior notice to you. In addition, Frontier Associates may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

2. Privacy

Any information that you or other users provide to Frontier Associates is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer, storage, and processing of this information by Frontier Associates. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

3. Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Frontier Associates cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

4. Content on the Services

All Content transmitted is the sole responsibility of the person who originated such Content. We may not monitor or control the Content provided via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials provided via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications provided via the Services. Under no circumstances will Frontier Associates be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5. License

  1. Permission is granted to use the software that is provided to you by Frontier Associates as part of the Services in the manner permitted by these Terms. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software provided by Frontier Associates;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Frontier Associates at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

6. Disclaimer

The Services are provided "as is". Frontier Associates makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Frontier Associates does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials obtained through the Services or otherwise relating to such materials or on any sites linked to this site.

7. Limitations

In no event shall Frontier Associates or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on the Services, even if Frontier Associates or a Frontier Associates authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

8. Revisions and Errata

The materials appearing or obtained through the Services could include technical, typographical, or photographic errors. Frontier Associates does not warrant that any of these materials are accurate, complete, or current. Frontier Associates may make changes to the materials contained on the Services at any time without notice. Frontier Associates does not, however, make any commitment to update the materials. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

9. Links

Frontier Associates has not reviewed all of the sites linked to its Services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Frontier Associates of the site. Use of any such linked web site is at the user's own risk.

10. Site Terms of Service Modifications

Frontier Associates may revise these Terms of Service any time without notice. By using the Services you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

11. Governing Law

Any claim relating to the Services shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Frontier Associates ("the Company" or "Frontier Associates" or "we") is the owner of this web application (known as “P3”, or “the Website”, or "Services"). Frontier Associates is committed to protecting your privacy and we understand you want to keep your information private, safe and discrete. This Privacy Policy is designed to help you decide whether to use the Services and in what manner, and it describes how we collect, store and use information on individuals who use the Service.

Consent to use Information

This Policy is a legally binding agreement between you ("you" or "user") and us. By visiting, accessing or using the Services, or providing information to us in any other format, you agree to and accept the terms of this Privacy Policy, as amended from time to time, and you consent to the collection and use of information in the manner set out in this Policy. We encourage you to review this Policy carefully and to periodically refer to it so that you understand it and its subsequent changes if any. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, PLEASE STOP USING THE SERVICE IMMEDIATELY.

The definitions in the Terms and Conditions above apply to this Privacy Policy unless stated otherwise. IN ADDITION TO THIS POLICY, PLEASE REVIEW OUR TERMS OF SERVICE WHICH ARE INCORPORATED HEREIN BY REFERENCE, TOGETHER WITH SUCH OTHER POLICIES OF WHICH YOU MAY BE NOTIFIED OF BY US FROM TIME TO TIME.

What Information Do We Collect?

We collect several types of data and information from you:

  1. Non-Personal Information – We may retain some non-personally identifiable information ("Non-Personal Information"), such as your web request, browser type, browser language, URLs, platform type, click numbers, landing pages, viewed pages and the order of those pages and time spent on pages. This information is collected and retained for security reasons and so that we can audit and statistically track usage.

    "Cookies" - Non-Personal Information is collected, inter alia, through the use of cookies, so when accessing or using the Services, we may use one or more cookies. Cookies are small text files, placed on a user's device, which enable a website to remember user preferences. Detailed information about cookies and how we use them on the Website and other websites implementing our web tools may be found in our Cookie Policy, which also describes how you can turn off cookies or control them.

  2. Personal Information - "Personal Information" is information that may be of a private or sensitive nature, including your full name, phone number, e-mail address, mailing address, and IP address. We collect the following Personal Information from you when you create an account ("Account") on the Website which is required to access certain parts of the Service: your full name, email address, and password.

    We treat any Non-Personal Information which is specifically connected or linked to any Personal Information as Personal Information.

What is the Purpose of Collecting this Information?

In order to access our services, users may be asked to fill in a form, providing some personal information to the Company. Answers to questions on Personal Information are not mandatory unless the fields are marked with an asterisk. Provision of the information requested in the optional fields of the registration form is not mandatory in order to receive the services and information that we provide through the Site (unless otherwise indicated in the registration form). However, failure to complete mandatory fields or providing incorrect Personal Information may prevent us from fully providing the requested information or services.

What is the Purpose of Collecting this Information?

We collect the information outlined above in order to provide you with a better service. Non-Personal Information is collected for research and statistical purposes, to enable us to develop, customize and improve the Service, based on your preferences, usage and interactions with the Service, to process your requests for information, and to provide better security.

Your Personal Information is collected to enable us to provide you with features, capabilities, and provide you with technical assistance and support. Your personal information may also be used to facilitate utility conservation program participation and reporting.

Who Else Receives this Information?

We may share or transfer information, including Personal Information, internally within Frontier Associates when it is required in order to provide, maintain or improve our services and operation.

We may share your Personal and Non-Personal Information with (i) third parties which provide services to the Company in order to allow or enable us to provide you with our Service, including email services providers and data verifiers; (ii) third parties who provide the Company services in relation to the operation of the Website; (iii) any auditors, contractors or other advisers auditing any of the Company’s business processes; and (iv) any potential purchasers or investors in the Company.

We may also share your Personal and Non-Personal Information with third parties in special cases if we have a good reason to believe that it is necessary to: (i) comply with law, regulation, subpoena or court order; (ii) detect, prevent or otherwise address fraud, security, violation of our policies or technical issues; (iii) enforce the provisions of this Privacy Policy or any other agreements between you and Frontier Associates, including investigation of potential violations thereof; or (iv) protect against harm to the rights, property or safety of the Company, its partners, its affiliates, users or the public.

Use of Information

The collection and processing of Personal Information is aimed at providing you with the Service to fulfill other purposes as provided in this privacy policy. The Company will store this data as long as we believe it to be necessary and appropriate in order to provide and manage our services.

Security and Confidentiality

The Company treats your Personal Information in strict confidentiality, and the server in which this data is to be stored includes the necessary industry-standard security measures to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. However, we cannot completely guarantee the security of your information, which might be accessed, disclosed, modified, or destroyed, and it should be emphasized that you share this information at your own risk.

Links to Other Websites

This Privacy Policy applies only to the Services provided by Frontier Associates, and to our web tools which are integrated or implemented in other third party websites. The Policy does not apply to third party websites, linked to our Website.

Assignment

We may transfer or assign your information, without any notice, and without a need to receive your consent, to any third party as a result of change of control, consolidation, merger, acquisition or reorganization. You acknowledge that in the event of bankruptcy, insolvency or receivership, we may have no control over the use and transfer of your Personal Information.

Updates to this policy

This Privacy Policy is subject to modifications. Please check the "Last Modified" heading at the bottom of this document to see when this Privacy Policy was last updated. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Website. Your use of the Website or the Service, or your provision of personal information following any changes means that you accept the updated Privacy Policy.

Utility Terms and Conditions

1. Read this notice carefully and keep a copy for your records.

  1. Prior to your receiving access to the Service (as defined below in Section 4.0) offered through the P3 online system, Sharyland requires you to review the below terms and conditions and indicate your consent to them.
  2. Notice: This is a binding contract. Before you access and use the Service available on this website and made available to you by Sharyland and its third party service providers, carefully read this Agreement. By accessing this website and using the Service or clicking the applicable button to initiate your access, you consent to the terms of this Agreement and you agree to be bound by this Agreement. If you do not wish to become a party to this Agreement and be bound by all of its terms and conditions, select the appropriate button to cancel the access process and do not use the Service or further access this website.

2. Permission to Access

As additional consideration for your agreeing to these terms and conditions, Sharyland is willing to provide you with a limited, non-exclusive, non-transferable right to access sharyland.p3.enertrek.com and use this Service for your internal use only, but only pursuant to the terms and conditions of this agreement.

3. Service

  1. The Sharyland P3 system allows Sharyland program participants to participate in conservation programs offered by Sharyland.
  2. You regard your requests or instructions for the Service and other communications sent or received via this site as proper authorization to use information submitted. As such, all communications requests by you initiated via the Service shall command the legal authority of a written request authorized by your signature.

4. Disclaimer as to the Service

  1. Sharyland in no event shall be liable or accountable for any damages or losses (whether direct or indirect) resulting from a delay or any other failure of the Service, including but not limited to transmittal of a message via the Service, whether arising from user error, malfunction of equipment, natural impediments, networking impediments, and/or inaccurate or incomplete information, or by any other cause, and by using the Service you understand the possibility of same and agree to this.
  2. Though every attempt is made to provide accurate and timely information on the website, the Service (and all information and data you may receive as a result of accessing the Service) is provided as is without warranty of any kind, and no warranties, either express or implied, are made with respect to the Service and such information, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement, or any other warranties that may arise from usage of trade or course of dealing. Sharyland and the third party service providers do not warrant, guarantee, or make any representations regarding the use of or the results of the use of the Service (and all information and data you may receive as a result of accessing the Service) in terms of correctness, accuracy, reliability, or otherwise and do not warrant that the operation of the website will be uninterrupted or error free. You agree that the Service (and all information and data you may receive as a result of accessing the Service) is not a consumer good for purposes of federal or state laws.
  3. If you do not consent to continuous monitoring of activity on the system, please exit the system now.

5. Personal Information

Your personal information is protected in accordance with the P3 Privacy Policy.

6. Liability for Password Security

You must notify Sharyland system administrator at once if you believe your password has been stolen.

7. Indemnification

By participating in a Sharyland program you agree to indemnify, defend, and hold harmless Sharyland and all our officers, directors, agents, employees, contractors, and information and service providers (“Indemnified Parties”) from any claim, demand, losses, damages, costs, and/or expenses including reasonable attorney’s fees, accounting fees, and related costs, including court costs, attributable to or arising from your participation in the Sharyland program, your use of the website content, and your communications to third parties through the program.

Last modified: 14 October 2015