Account & Invoice No.
EDGi Terms and Conditions of Use
2. Provision of the Site. You understand and agree that the Site is provided “as-is” and that EDF Trading assumes no responsibility for the availability or functionality of the Site, or for the timeliness, deletion, mis-delivery, or failure to display certain information on the Site.
3. Use of Site; Third Party Information. The Site is intended for informational use only. You agree you will only access and view the data of the Organization. Further, you agree not to use the Site for commercial or competitive purposes. You assume all responsibility and risk associated with your use of the Site.
Certain information contained on the Site may have been obtained from outside sources (“Third-Parties”), including from utilities or independent system operators. EDF Trading does not warrant or guarantee the accuracy or completeness of the information contained on the Site or the accuracy of information obtained from such Third-Parties. EDF Trading does not represent or endorse information on the Site, and information on the Site does not constitute or imply any directions or recommendations by EDF Trading. EDF Trading reserves the right to modify or update any information on the Site without notice.
You are responsible for maintaining the confidentiality of your password, user name, or other means that give you access to the Site (“Password”), and you agree not to give your Password to any unauthorized individuals. We will not be liable for any loss that you may incur as a result of someone else using your Password, either with or without your knowledge or consent. If you believe that your Password has been lost or stolen or that someone has used or may attempt to use the Site without your consent, you agree to notify us immediately by emailing CustomerCare@edfenergyna.com.
5. Prohibited Conduct. You agree not to, directly or indirectly:
a. use or access the Site (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
b. conduct activities that may be harmful to others or that could damage EDF Trading’s reputation;
c. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right or violating any third party privacy right or right of publicity;
d. post, upload, or distribute marketing or advertising links or content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
e. use scrapers, robots, or other data gathering devices not provided by EDF Trading on or through the Site;
f. interfere with security-related features of the Site, including but not limited to: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
g. interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Site; (iii) attempting to collect personal information or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
h. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or accreditation, or accessing any other services account without permission;
j. access or use any other entities’ data, other than the Organization; or
k. attempt to do any of the acts described in this Section 5, or assist or permit any person in engaging in any of the acts described in this Section 5.
9. Ownership; Proprietary Rights. The Site is owned and operated by EDF Trading. The visual interfaces, graphics, other content, design, compilation, computer code (including source code or object code), products, software, information services, and all other elements of the Site (“Materials”) are protected by intellectual property and other laws. All Materials are the property of EDF Trading or our third-party licensors. EDF Trading reserves all rights in and to the Materials.
11. Disclaimers; No Warranties. THIS SITE AND ALL MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SITE AND ALL MATERIALS, PRODUCTS, AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EDF TRADING DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
THE ABOVE PARAGRAPH APPLIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW OR A DISCLAIMER OF OTHER WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
13. Trademark Information. EDF Trading’s logos and product and service names are trademarks of EDF Trading and/or its affiliates or Third-Parties. All rights in and to such trademarks are fully reserved by EDF Trading or such Third-Parties. You agree not to display or otherwise use any such trademarks in a manner that constitutes trademark infringement or unfair competition.
b. Neither you nor EDF Trading shall be entitled to join or consolidate claims by or against other individuals or entities, or arbitrate, litigate or otherwise join any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. A court may sever any portion of this dispute resolution provision if it finds such unenforceable.
17. Contact Information. The Site is offered by EDF Trading North America, LLC. You may contact us by emailing us at CustomerCare@edfenergyna.com or writing to us at 601 Travis Street, Suite 1700, Houston, TX 77002.