Website Terms and Conditions of Use

Website Terms and Conditions of Use

 Last Updated: July 25, 2018

Acceptance of Terms and Conditions of Use

These terms and conditions of use are entered into by and between you and Tri -State Generation and Transmission Association, Inc. (“Tri-State”). The following terms and conditions (these “Terms and Conditions of Use”), govern your access to and use of Tri-State’s website available at tristategt.org or tristate.coop including any content, functionality, and services offered on or through the websites (the “Website”).

Please read the Terms and Conditions of Use carefully before you start to use the Website.  By using the Website, you accept and agree to be bound and abide by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you must not access or use the Website.

The Website is offered and available to users who are 13 years of age or older, and reside in the United States. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Tri-State reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions of Use at any time without notice to you other than the posting of the revised language. All changes are effective immediately when posted. Your continued use of the Website constitutes your agreement to be bound by any modifications, alterations or updates. You are expected to review the Terms and Conditions of Use frequently so you are aware of any changes, as they are binding on you.

Accessing and Changes to the Website

Tri-State reserves the right to withdraw or amend the Website, and any service or material provided on the Website, in its sole discretion without notice. Tri-State will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Tri-State may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Tri-State may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and Tri-State is under no obligation to update such material.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Tri-State, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms and Conditions of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • The Website or any portion of the Website may not be modified, published, reproduced, duplicated, copied, printed, uploaded, downloaded, posted, transmitted, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Tri-State in writing or expressly permitted under copyright law. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made.

If you modify, publish, reproduce, duplicate, copy, print, upload, download, post, transmit, sell, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms and Conditions of Use, your right to use the Website will stop immediately and you must, at Tri-State’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Tri-State. Any use of the Website not expressly permitted by these Terms and Conditions of Use is a breach of these Terms and Conditions of Use and may violate copyright, trademark, and other laws.

Trademark

The Tri-State name, logo, and all related names, logos, and slogans are trademarks of Tri-State or its affiliates or licensors. You must not use such marks without the prior written permission of Tri-State. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

Prohibited Uses 

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, download, use, or re-use any material that does not comply with the Terms and Conditions of Use.
  • To impersonate or attempt to impersonate Tri-State, a Tri-State employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Tri-State or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Tri-State’s prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. Tri-State does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Tri-State disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Information About You and Your Visits to the Website 

All information Tri-State collects on the Website is subject to Tri-State’s Privacy Policy. By using the Website, you consent to all actions taken by Tri-State with respect to your information in compliance with the Privacy Policy.

Linked Sites

The Website may contain links to other websites on the Internet ("Linked Websites"). Tri-State is not responsible for the content, advertising, products or other materials made available on or through any Linked Website. The links to these websites are for your convenience only, and you access them at your own risk. Inclusion of Linked Websites should not be considered an endorsement of the content of those websites. Different terms and conditions may apply to your use of Linked Websites. Tri-State shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with such Linked Websites.

Tri-State welcomes links to the Website. You are granted a limited right to link to the Website for informational purposes only and on the condition that you notify the Webmaster of the link prior to its establishment and provided that the link does not state or imply any sponsorship or endorsement of your website by Tri-State or any group or individual affiliated with Tri-State and that your website does not contain content that is distasteful, offensive or controversial. You also agree that you will not publish, or permit to be published, on your website any defamatory or derogatory statements harmful to or intended to harm the reputation of Tri-State or its affiliates or subsidiaries. Your website must comply with all applicable laws and regulations. You may not use on your website any logos, trademarks, service marks, or copyrighted materials appearing on the Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another website the content or other materials on the Website without prior written consent.

Tri-State Extranet Use and Protection of Password

Tri-State restricts access to its extranet (including its Member Information Center) to employees and authorized guests. You shall not permit others to use your user name and password. You agree to keep your password confidential, in a safe and secure location, and not share it with others. If you have a reasonable belief that your password is being misused or someone other than you is using your password, you shall immediately notify Tri-State at corporate_communications@tristategt.org. You are responsible for damages resulting from all uses of that information, whether actually or expressly authorized by you, unless access to such information was obtained through no fault or negligence of your own. You understand that certain information contained on the extranet is confidential and you agree to treat the information as such. You understand that Tri-State may, in its sole discretion, at any time terminate your access to the extra and to any account you have in connection with the extra.

 Disclaimer and Limitation of Liability

You understand that Tri-State cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Tri-State’s site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, TRI-STATE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT YOU MAY SUFFER. THE WEBSITE IS PROVIDED BY TRI-STATE FOR INFORMATIONAL PURPOSES ONLY AND ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRI-STATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS CONTAINED ON THE WEBSITE INCLUDING, BUT NOT LIMITED TO, THEIR COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. TRI-STATE EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRI-STATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL TRI-STATE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification
You agree to defend, indemnify, and hold harmless Tri-State, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions of Use or your use of any information obtained from the Website.

 Applicable Law and Jurisdiction

All matters relating to the Website and these Terms and Conditions of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).

 Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the County of Adams. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Entire Agreement, Waiver and Severability

These Terms and Conditions of Use constitute the sole and entire agreement between you and Tri-State regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

No waiver by Tri-State of any term or condition set out in these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tri-State to assert a right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision

If any provision of these Terms and Conditions of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions of Use will continue in full force and effect.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to the Webmaster.