1. Service - EEI Electronic Subscriptions includes information services, posting services, and databases provided by Edison Electric Institute, Inc. (EEI) and EEI's information providers. This Agreement contains the entire Agreement between the Subscriber and EEI and supersedes all prior written and/or oral agreements, understandings and writings with respect to EEI. Where a company name is indicated as the "Subscriber", for the purposes of this Agreement, that company shall be the Subscriber. This Agreement may be revised at any time only upon written notice from EEI to Subscriber. Subscriber agrees to be bound by the terms of such revised agreement subject to the right to terminate under Sections 2 and 10 below.
2. Payment - Subscriber agrees to pay EEI for the use of EEI Electric Subscriptions at rates and fees set forth on the EEI website, as amended from time to time. EEI reserves the right to change its rates and fees at any time without notice. Subscriber will be notified upon renewal of subscription. Subscriber may terminate the Agreement by notifying EEI in writing as set forth in Section 19, before the effective date of such changes, that it wishes to terminate the Agreement. Subscriber will receive a renewal notice in advance for the agreed upon services. Subscriber agrees to pay EEI the full amount in U.S. dollars within thirty (30) days after receipt of each renewal. If timely payment is not received, EEI may terminate this Agreement and cease to provide access to EEI Electronic Subscription until the full amount due EEI is paid and/or EEI may exercise any other remedies available to it at equity or by law. In the event of commencement of formal action to enforce payment of any unpaid amounts, Subscriber agrees to pay such additional sums, including costs and attorney's fees, as result from such action.
3. Responsibility for Account Use - Subscriber is responsible for all charges incurred on its account by anyone including, but not limited to, the individual subscriber and authorized users as permitted in the Appendix. Subscriber is also responsible for any violation of this Agreement by anyone using the account.
EEI will assign a Subscriber ID and a password to Subscriber. This information should be kept confidential to protect against unauthorized use. In the event the password confidentiality is impaired, EEI must be notified immediately by phone and in writing. EEI may reissue a forgotten or lost password or a password with its confidentiality compromised under procedures determined by EEI. Unauthorized access to EEI Electronic Subscriptions is a breach of this Agreement and a violation of law.
4. Rights of Information - All information offered on EEI Electronic Subscriptions is the sole and exclusive property of EEI, its subcontractors, or other information providers who may, from time to time, supply information to EEI. Unless permitted under the terms of the Appendix or unless specific permission is granted to Subscriber in writing by the information provider, Subscriber agrees not to publish, broadcast, retransmit, or resell such information or in any way violate the copyright or other property rights of any provider of information to EEI Electronic Subscriptions.
Under special license to EEI Electronic Subscriptions, certain information providers have made internal corporate use of information by Subscribers permissible. The Appendix, incorporated by reference into this Agreement, contains rules which govern Subscriber's use of each particular information source.
This provision is for the benefit of EEI, its subcontractors and other information providers, their affiliates, employees and agents and each shall have the right to assert and enforce its rights hereunder directly on its own behalf.
5. Lawful Use - Subscriber agrees not to use EEI Electronic Subscriptions for any unlawful, illegal or improper purpose and that if its activities in using EEI Electronic Subscriptions do cause or contribute to any illegal, unlawful or improper act (including an infringement of the rights of others such as violations of copyright or other proprietary rights), Subscriber will indemnify and save EEI harmless from and against all such claims, liabilities, charges and judgments, together with all costs, expenses and attorney's fees in any way connected with such act or acts.
6. Telephone Equipment, Software, Etc. - You are responsible for, and must provide, all telephone, software, and other equipment and services necessary to access EEI Electronic Subscriptions.
7. Disclaimer of Warranties - EEI Electronic Subscriptions services are offered on an "as is" basis. All warranties, express or implied, including but not limited to (1) the implied warranties of merchantability and fitness for a particular purpose for any service, equipment, software or product provided through this Agreement and (2) any warranties as to the availability, accuracy or content of information, products, or services, are hereby disclaimed by EEI, its contractors, sub-contractors, and information providers, their affiliates, employees and agents.
EEI, its contractors, subcontractors and information providers, their affiliates, employees and agents, shall have no liability for any damages, losses or claims in any way connected with or arising out of any service, equipment, software or product provided hereunder, regardless of the form of action, whether in contract or in tort, including negligence, or for any damages including indirect, consequential or punitive damages, including but not limited to loss or profits or anticipated savings, or for any claim made against Subscriber by any other party, even if EEI, its contractors, subcontractors or information providers, their affiliates, employees or agents have been advised of the possibility of such damages, loss or claim.
7A. Disclaimer and Force Majeure - In no event shall EEI, its contractors, subcontractors or information providers, their affiliates, employees or agents, be liable for any damages including direct, indirect, special or consequential damages caused by any failure of performance, mistakes, omissions, interruptions, deletion of files, defects, delays in operation or transmission, communications lines failures, theft, destruction, unauthorized access to or use of Subscriber's EEI Electronic Subscriptions records, files or programs, or for any failure or inability to perform, in whole or in part, by EEI, its contractors, subcontractors or information providers, their affiliates, employees or agents due to any cause beyond their control.
8. Management of EEI Electronic Subscriptions - EEI reserves the right to add, modify or delete any services offered on EEI Electronic Subscriptions at any time.
9. Term and Termination - This Agreement is effective from the date of acceptance by EEI of an executed copy by Subscriber. Except as indicated below and in Section 2 hereof, this Agreement may be terminated by either party without cause upon 30 days written notice to the other party.
EEI shall also have the right, in its sole determination, to immediately terminate this Agreement or suspend access to EEI Electronic Subscriptions without notice in the event Subscriber:
9a. breaches any term, condition, representation, warranty or provision of this Agreement in any way (including, but not limited to, failure to make timely payment)
9b. uses EEI Electronic Subscriptions for an illegal, unlawful or improper purpose or unauthorized advertising;
9c. interferes or threatens to interfere with any person's private or proprietary rights.
Neither EEI nor its contractors, subcontractors or information providers, their affiliates, employees or agents shall be liable to Subscriber for any cost, expense or damages whatsoever for terminating this Agreement as provided in this section.
10. Indemnification - It is understood that Subscriber shall indemnify and hold harmless EEI from any liability, loss or expense whatsoever arising out of any and all claims, demands, losses, costs, damages, judgments, expenses or liabilities of any kind in connection with Subscriber's use of EEI Electronic Subscriptions and its actions under this Agreement and, in addition, to defend or pay for the defense of EEI, at EEI's option for any claims arising hereunder.
11. Waiver - A waiver of any breach of this Agreement or any of the terms or conditions hereof shall not be deemed a waiver of any repetition of such breach or in any way affect any other term or condition of this Agreement. No waiver shall be valid or binding unless the same is in writing and signed by EEI.
12. Miscellaneous - This Agreement is subject to acceptance by EEI and shall be governed by the laws of the District of Columbia. Any cause of action by Subscriber with respect to EEI Electronic Subscriptions must be instituted within one year of the claim or cause of action having arisen, or will be barred. Subscriber expressly agrees not to assert in any forum or by any means any claim or cause of action after the expiration of such one-year period.
13. Taxes - The charges applicable to EEI Electronic Subscriptions do not include sales, use, excise or similar taxes. In addition to the charges specified, Subscriber will be responsible for any sales, use, excise, value-added, or similar taxes (other than property or income taxes) resulting from this Agreement or activities which it involves.
14. Malfunctions - In the event Subscriber causes a malfunction of the EEI Electronic Subscriptions system, EEI shall have the right to immediately terminate Subscriber's access to EEI Electronic Subscriptions without penalty.
15. Non-assignability - Subscriber may not assign this Agreement without the prior written consent of EEI. Any attempt to assign or transfer the Agreement, or the rights and duties under it, without such written consent, shall be void and of no effect.
16. Invalid Sections - If any provision of this Agreement is found invalid by any court of competent jurisdiction, any such finding shall not effect the validity of the remaining provision which shall remain in full force and effect.
17. Survival - Unless otherwise stated in this Agreement, the provisions of this Agreement shall survive its termination.
18. Headings - Section headings are for convenience only and shall in no way affect the interpretation of any sections of this Agreement or of the Agreement itself.
19. Notices - It is understood that any notice of cancellation or termination of this Agreement shall be by certified mail, return receipt requested or express delivery. Other notices by EEI to Subscriber may be given by means of electronic message via electronic mail, by a general posting on the service, or by conventional mail. Other notices by Subscriber to EEI may be given by electronic message or conventional mail, unless otherwise specified in this Agreement.
- Daily Energy News
- FERC Focus Package
- Web Preview of Statistical Yearbook
- Weekly Electric Output
EEI Electronic Subscriptions Subscribers with Site Subscriptions shall be entitled, only within the premises listed as part of their address on the EEI Electronic Subscriptions Subscriber Agreement, to use information from the services listed above for their internal corporate use. Such internal corporate use includes reproduction, storage, and distribution in hard copy or electronic format of such information within the Subscriber's company or corporation, but only with respect to that part of the Subscriber's company or corporation located at the address listed on the EEI Electronic Subscriptions Subscriber Agreement. It shall not include any form of sale or resale by the Subscribers. Notwithstanding the above, EEI's copyright applies to all data contained in the above services.