Indra Energy Terms of Use

Updated September 30, 2018

Welcome to the Indra Energy Web site, currently located at https://www.IndraEnergy.com (the “Site”), which is designed to provide visitors with information regarding our services as an energy supply company. The terms and conditions set forth herein (the “Terms of Use”) constitute a legally binding agreement between Indra Energy and you regarding the terms on which we offer you access to and use of the Site. Indra Energy is sometimes referred to herein as “Indra” or “we,” “us” or “our” and refers to Palmco Administration, LLC d/b/a Indra Administration and its affiliates. We may, in our sole discretion, terminate your access to the Site at any time and without notice, for any reason, including without limitation, due to any violation by you of these terms and conditions or of any applicable law. These Terms of Use apply only to the Site. If you access another Web site from this Site, as explained below, any additional or different terms and conditions associated with those Web sites apply.

1.Your Use of the Site is Governed by These Terms of Use

Please take a few minutes to carefully review the Terms of Use before accessing or using the Site. By accessing and using this Site, you accept and agree to be bound by each of the Terms of Use and all applicable laws and regulations governing the Site. If you do not agree with any of the Terms of Use, you should not access or use this Site for any purpose.

2. These Terms of Use May Change From Time to Time

Indra reserves the right to modify these Terms of Use at any time, and such changes will be applicable upon any further use of the Site after the change has become effective. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. For this reason, we encourage you to review these Terms of Use whenever you use this Site. The last date these Terms of Use were revised is set forth above.

3. Notices of Restrictions on Your Use

The Site and all data and information and/or content that you see or otherwise experience on the Site (the “Site Content”) belong to Indra, its owners, partners, affiliates, contributors or third parties and are protected by U.S. and international copyright, trademark, intellectual property and other laws. You may use the Site and the Site Content solely for your personal, non-commercial use only. You may download, print and store limited copies of selected portions of the Site Content, provided that you:

1. only use these copies of the Site Content for your own personal, non-commercial use; do not copy, post, transmit, distribute, publish or broadcast the Site Content in any media, including without limitation, any Web site; and
   
2. do not copy, post, transmit, distribute, publish or broadcast the Site Content in any media, including without limitation, any Web site; and do not modify or alter the Site Content in any way, or delete or change any copyright or trademark notice, or any other proprietary content or proprietary rights notices included therein or thereon.
   
3. do not modify or alter the Site Content in any way, or delete or change any copyright or trademark notice, or any other proprietary content or proprietary rights notices included therein or thereon.

No right, title or interest in any Site Content is transferred to you as a result of your use or access of the Site, including any such copying or downloading. The Site reserves complete title and full intellectual property rights in any Site Content you copy or download from this Site. You agree not to alter, modify, reformat, copy, download, reproduce, duplicate, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Site Content obtained from the Site, except as expressly permitted by these Terms of Use. Furthermore, the trademarks, logos, service marks and trade names (collectively the “Trademarks”) that may be displayed on the Site or in any Site Content are registered and unregistered Trademarks of ours and others and may not be used unless expressly authorized by the Trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site unless you have received the express prior written permission of Indra or the other applicable rights holder.

4. Disclaimer of Warranties

YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE SITE AND/OR ANY SITE CONTENT. INDRA  MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE AND THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INDRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE SITE OR ANY INFORMATION OR SITE CONTENT CONTAINED THEREIN. INDRA MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. INDRA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE SITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN. INDRA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. INDRA DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. INDRA DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE SITE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE SITE, THE INFORMATION AND THE SITE CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

5. Limitation of Liability

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SITE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL INDRA  BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: I. ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE INFORMATION OR ANY SITE CONTENT PROVIDED THEREIN; II. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE AND/OR INFORMATION OR ANY SITE CONTENT CONTAINED THEREIN; III. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR IV. ANY OTHER MATTER RELATING TO THE SITE, EVEN IF INDRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, INDRA’S LIABILITY IS LIMITED, AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES (AS DEFINED IN SECTION 7 BELOW) TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO INDRA  FOR YOUR USE OF THE SITE, OR (B) TEN DOLLARS ($10). ALL USERS OF THIS ARCHIVE SITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

6. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site and for your use of the Site Content. You agree to indemnify, defend and hold harmless Indra, its parents, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers (“Indemnified Parties”) from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees), resulting from or arising out of (a) your access to or use of the Site or any Site Content, or (b) any violation by you of these Terms of Use or any applicable law. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without their prior written approval.

7. Personal Information and Privacy Policy

We may monitor, record, collect and use information from and about you while on our Site, and as generated through your use of the Site. Such information is collected and used in accordance with our Privacy Policy, which is incorporated herein by reference for all purposes, and can be found at: https://www.IndraEnergy.com.

8. User Conduct

1.      take any action that interferes with the proper working of the
Site, imposes an unreasonable or disproportionately large load on the Site’s
infrastructure, might compromise the security of the Site, render the Site
inaccessible to others, or otherwise cause damage to the Site or any Site
Content;

2.      add to, subtract from, or otherwise modify the Site Content
except as expressly authorized by the Site in these Terms of Use or by a
written agreement between you and Indra;

3.      impersonate any person or entity or misrepresent your
affiliation with any other person or entity;

4.      upload, post, transmit, distribute or otherwise publish to, on
or through the Site, any information or materials which are false, fraudulent,
misleading, unlawful, threatening, abusive, harassing, hateful, racially,
ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit or indecent, including
without limitation, any material which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate any
local, state, national or international law;

5.      use the Site or the Site Content to, or in any other manner,
violate, plagiarize or infringe the rights of third parties, including without
limitation, copyright, trademark, trade secret, confidentiality, contract,
patent, rights of privacy or rights of publicity or any other proprietary or
legal right;

6.      upload, post, publish, distribute or otherwise transmit any
information or material which constitutes or contains a virus, spyware, or
other harmful component, or which contains any embedded links, advertising,
chain letters or pyramid schemes of any kind;

7.      use or launch any automated system, including without
limitation, any “robot,” “spider,” or “offline reader” that accesses the Site
in a manner that sends more requests to the Site’s servers in a given period of
time than a human can reasonably generate in the same period using a
conventional web browser; or

8.      use the Site or any Site Content, in whole or in part, in
violation of any applicable law.

9. User Conduct

This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to this Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. If you are not of an age old enough to enter into contracts in your state (i.e., a “minor”), you need to review these Terms of Use with your parent or guardian before using this Site. If your parent or guardian does not agree to be bound by these Terms of Use as applied to you, then you are not authorized to access or use this Site for any purpose.

10. Credentials

You will be required to establish a login name and password (the “Credentials”) in order to access certain portions of the Site, which must be made in accordance with our specifications in effect from time to time.  You shall assign, record and control the use of Credentials.  You shall not permit anyone else to use your Credentials or disclose your Credentials to anyone other than yourself.  You are solely responsible for (a) maintaining the confidentiality and security of your Credentials and (b) resetting your Credentials if you lose or have compromised your Credentials.

11. General Provisions

11.1 Entire Agreement

These Terms of Use and our Privacy Policy constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Indra of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

11.2. Correction of Errors and Inaccuracies
The information in the Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee whether or when any errors, inaccuracies or omissions will be corrected.

11.3.  Links to Third Party Sites

Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Indra of the third party, the third-party Web site, or the information contained therein. You acknowledge and agree that Indra is not responsible for the availability of any such Web sites and that Indra does not endorse or warrant, and is not responsible or liable for any such Web site, or the content on such Web site, or the services offered by such Web site. Under no circumstances will Indra be responsible for any loss or damage resulting from your use of any such Web site or the services or products offered by or on such Web site or any content posted on such Web site or transmitted from such Web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web site or company, and if you choose to rely on any Linked Site, you are doing so at your own risk, and you assume all responsibilities and consequences resulting from such choice.

11.4.  Enforcement
Indra reserves the right to (but does not assume any obligation to) investigate and take appropriate legal action against anyone who violates any of the provisions of these Terms of Use, including without limitation, barring violators from use of the Site and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, Indra may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. If any part of these Terms of Use is determined to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. These Terms of Use are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions. You agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. The Site, this Terms of Use and our standards are intended for users who are located in the United States of America. Indra does not represent that materials on the Site or our standards or Terms of Use are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11.5. Severability
If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms of Use will remain in force.

11.6. General Contact Information
If you have any questions about these Terms of Use, the practices of this Site, or your dealings with this Site, you may contact us by:

a. sending an e-mail request to CustomerCare@IndraEnergy.com; or

b. sending a letter via the U.S. Mail to:

Indra Energy
1515 Market Street, Suite 1200
Philadelphia, PA  19102