Terms of Use

(Last modified 10/28/24)

1. By accessing this website, you agree to the terms of this Website User Agreement (“Agreement”) set out below. If you do not agree with the terms of this User Agreement, do not access the website or any pages thereof.
   
   
2. ALL INFORMATION CONTAINED HEREIN, OR ANY WEBSITE LINKED HERETO, IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. COLLABORATIVE UTILITY SOLUTIONS (“CUS”) MAKES NO REPRESENTATIONS WITH RESPECT TO SAID INFORMATION AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.
   
   
3. CUS DOES NOT WARRANT THAT ITS SITES WILL BE UNINTERRUPTED OR ERROR-FREE. CUS ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE. CUS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR, AND YOU AGREE TO INDEMNIFY CUS, ITS DIRECTORS, OFFICERS, EMPLOYEES AND REPRESENTATIVES FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM, DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO YOUR USE OF THIS WEBSITE (INCLUDING ANY BREACH OF THIS AGREEMENT), OR ANY SITE LINKED THERETO, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOST OPPORTUNITIES, SPECIAL INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF CUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR OF A CLAIM, OR POTENTIAL CLAIM, BY ANOTHER PARTY, INCLUDING A CLAIM FOR PUNITIVE DAMAGES.
   
   
4. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, CUS’S LIABILITY AND THAT OF ITS SUBSIDIARIES AND AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS (OWNERS, MEMBERS, PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), AGENTS, REPRESENTATIVES, CONSULTANTS, AND SUBCONTRACTORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
   
   
5. This website contains links to sites not maintained by CUS. You are advised that any use of a linked website is solely at your risk. CUS cannot and does not make any warranties or representations with respect to any information available through these links and disclaims any opinions expressed on such websites. Links to other websites or references to products, services or publications other than those of CUS do not imply the endorsement or approval by CUS of such websites, products, services or publications.
   
   
6. This website may include a combination of content that CUS creates, that is created by its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors, and that CUS’s members create. All materials published on this website, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, flash animation and models are protected by CUS’s copyrights or trademarks or those of CUS’s subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, subcontractors, and members. The information presented on this website has been compiled by or for CUS for general information purposes only. The publicly available contents of this website may be used, reproduced, and redistributed, provided that the contents are not modified and that you maintain all copyright and other notices contained in the contents, including this Agreement. Your access to and use of this website does not confer any license or ownership interest in either the form or content of this website, including any confidential information, proprietary information, or intellectual property of any kind or nature; CUS hereby expressly reserves such rights and property in their entirety.
   
   
7. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you may upload, post, email, transmit or otherwise make available on this website (“User Content”). You certify that you own all intellectual property rights in User Content. You hereby grant CUS, its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, subcontractors, and members a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish User Content and subsequent versions of User Content for the purposes of: (i) displaying User Content on this website, (ii) distributing User Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing User Content in a remote database accessible by end users. This license shall apply to the distribution and the storage of User Content in any form, medium, or technology now known or later developed. Any opinions or positions contained in User Content are those of the User and may not represent the opinions or positions of CUS.
   
   
8. This website contains content that CUS creates as well as content provided by third parties. CUS does not guarantee the accuracy, integrity, or quality of the content on CUS’s sites, and you may not rely on any of this content. Without limitation, CUS is not responsible for any User Content on CUS’s sites or content provided by third parties. CUS makes no representations or warranties regarding accuracy, integrity, or quality of the content, information, and/or data on this website, and in no event shall CUS be liable for any damages of any kind, including, but not limited to, direct, indirect, general, special, incidental, or consequential damages arising out of such content, information, and/or data. You may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate, and you bear all risks associated with using that content. CUS has the right, but not the obligation, to remove any content that may, in CUS’s sole discretion, violate the Terms or that is otherwise objectionable.
   
   
9. Unauthorized access to or use of this website is a breach of the Terms and a violation of the law. You agree not to access or use this website by any means other than through the interface that is provided by CUS for use in accessing or using this website. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this website. Use of this website in a manner that negatively affects the performance of the website or other CUS systems is prohibited. CUS reserves the right to take any and all action reasonably necessary to prevent such activity, including but not limited to monitoring website use and blocking access to the website. As a condition of your use of this website, you will not use the website for any purpose that is unlawful or not in accordance with this Agreement. CUS reserves the right, in its sole discretion, to terminate your access to the website or any portion thereof at any time, without notice.
   
   
10. CUS disclaims any and all responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material.
    
    
11. Use of this website is subject to existing laws and legal process. Nothing contained in the Terms shall limit CUS’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this website.
    
    
12. This website is operated and maintained from the United States. CUS makes no representation that any content on this website is permissible or available for use outside of the United States. You are solely responsible for complying with the applicable laws in the jurisdiction in which you access or use this website. If you access or use this website from outside the United States, you do so at your own risk.
    
    
13. The CUS logo and “CUS” are either trademarks or registered trademarks of CUS and may not be used without the prior written permission of CUS.
14. CUS reserves the right to change the terms of use contained within this Agreement at any time without notice. You are responsible for regularly reviewing this Agreement. Your continued use of this website constitutes your agreement to all of the terms and conditions of this Agreement.
    
    
15. You hereby agree to indemnify, defend and hold CUS, its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, subcontractors, and members harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred in connection with any claim including, without limitation, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of: (i) your access to and use of this website, (ii) your violation of the Terms, (iii) your violation of any applicable law, (iv) your violation of any rights of any third party, or (v) any negligent or willful misconduct by you. CUS reserves the right, at CUS’s sole discretion and expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with CUS’s defense of these claims.
    
    
16. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Texas, without reference to any rules of conflict of laws. With respect to any suit, action or other proceeding arising from or relating to this Agreement, you hereby irrevocably agree to the exclusive personal jurisdiction and venue of the United States District Court for the Western District of Texas or any Texas State Court within Travis County, Texas.
    
    
17. CUS may elect to resolve any controversy or claim arising out of or relating to these Terms or CUS’s sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Austin, Texas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or CUS may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas necessary to protect the rights or property of you or CUS, its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors pending the completion of arbitration.
    
    
18. CUS’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of CUS’s sites, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and CUS and govern your use of CUS’s sites, superseding any prior agreements that you may have with us. These Terms shall be construed in accordance with the laws of the State of Texas, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Austin, Texas, if seeking interim or preliminary relief or enforcement of an arbitration award.
    
    
19. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.