IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNIFICATION OF US.

PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH HAMPSHIRE POWER CORPORATION ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

  1. ACCEPTANCE

By visiting and using the Hampshire Power Corporation and its affiliates (“Hampshire Power”, “we”, “our” or “us”) websites (collectively, the “Site”), you agree, without limitation or qualification, to be bound by these Terms of Use and the Hampshire Power Privacy Policy. If you do not agree to all of these Terms of Use, and the Privacy Policy, do not use the Site. The Terms of Use and the Privacy Policy apply to all Users who access or use the Site.

We reserve the right, at our sole discretion, to change, modify, add, remove, or otherwise revise portions of these Terms of Use at any time. When we do, we will post the change(s) on the Site. These changes are effective immediately, after they are posted on the Site. Your continued use of the Site following the posting of changes to these terms of use constitutes your acceptance of any changes.

The terms “You,” “Your,” “User,” and “Users,” as used herein, refer to all individuals and/or entities accessing the Site for any reason.

  1. Eligibility

You must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site or accepting these Terms of Use, you represent and warrant to Hampshire Power that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Hampshire Power that you will use the Site in a manner consistent with any and all applicable laws and regulations including, but not limited to United States copyright and trademark laws and international treaties.

  1. INTELLECTUAL PROPERTY

The Site and its original content, features and functionality, including text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, and logos, are and will remain the exclusive property of Hampshire Power and its licensors. The materials provided on the Site are protected by law, including, but not limited to, United States copyright laws, foreign laws, and international treaties. Title to the contents of the Site remains with Hampshire Power. Any use of such contents not expressly permitted by these Terms of Use constitutes a breach of the Terms of Use and may violate copyright, trademark, and other laws. Except as stated in the following paragraph, none of the Site’s content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Hampshire Power or its licensors.

Hampshire Power authorizes you to view and download and print a single copy of the contents of the Site solely for your own lawful, personal, non-commercial use.  If you do so, you must include the following copyright notice: “Copyright © 2021, Hampshire Power Corporation. All rights reserved.” You must also retain any copyright and proprietary rights notices contained in the contents.

Provided that you are in compliance with these Terms of Use, Hampshire Power grants a non-exclusive, non-transferable license to use the Site. You may not distribute or make the Site available over a network where it can be used by multiple devices at once. You may not rent, lease, lend, sell, redistribute, sublicense, or otherwise make available the Site. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, decrypt, modify, or create derivative works of the Site, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use and may subject you to prosecution and damages.

You may not, without Hampshire Power’s written permission, “mirror” any contents contained in the Service or any other server. You may not use the Service for any purpose that is unlawful or prohibited by these Terms of Use. Hampshire Power reserves the right, in its sole discretion, to terminate your access to the Service or any portion thereof, at any time, for any reason or for no reason at all, without prior notice.

  1. Submissions

The personal information you submit to Hampshire Power is governed by the Hampshire Power Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policyshall govern.

Except as provided under Submission of Ideas (below), Hampshire Power does not claim ownership of any information or material a User provides to Hampshire Power or posts, uploads, input, submits, or transmits to the Site (“Submission”). You agree that you shall not make any Submission that is, in whole or in part, defamatory, false, inflammatory; discriminatory; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you shall not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collect information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Hampshire Power, exposes Hampshire Power or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Hampshire Power. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Hampshire Power a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Hampshire Power is not required to use or display any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Hampshire Power is not responsible for the consequences of any Submission. Hampshire Power is not responsible for screening or monitoring Submissions made to the Site by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, Hampshire Power may investigate the allegation and determine in its sole discretion whether to remove such Submission. Hampshire Power will have no liability or responsibility to users for performance or nonperformance of such activities.

Hampshire Power reserves the right (but is not obligated) to:

    1. record the dialogue on the Site;
    2. investigate an allegation that a Submission does not comply with these Terms of Use ;
    3. terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law;
    4. monitor, edit, or disclose any Submission;
    5. remove, edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use, at any time for any reason or for no reason in its sole discretion.
  2. Submission of Ideas

Hampshire Power policy is to not accept or review unsolicited ideas or suggestions. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Hampshire Power through the Site or otherwise shall be the property of Hampshire Power, and may be treated by Hampshire Power as non-confidential information. Hampshire Power shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

  1. Promotions

Any and all offers or promotions advertised on the Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

  1. Disclaimer of Warranties

The use of the Site or its contents is at your own risk. The contents of the Site could include factual or technical inaccuracies or typographical errors. Hampshire Power may make changes or improvements to the Site at any time.

THE SITE AND ALL CONTENTS, MATERIALS, PRODUCTS, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ARE PROVIDED BY HAMPSHIRE POWER ON AN “AS IS” AND “AS AVAILABLE” BASIS. HAMPSHIRE POWER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENTS, MATERIALS, PRODUCTS, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, HAMPSHIRE POWER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, HAMPSHIRE POWER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE SITE IS AT YOUR SOLE RISK. HAMPSHIRE POWER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAMPSHIRE POWER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THIS SECTION DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY HAMPSHIRE POWER OR THE MANUFACTURER OF A PRODUCT OR SERVICE THAT IS SOLD BY HAMPSHIRE POWER TO YOU THROUGH THE SITE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HAMPSHIRE POWER IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

  1. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, HAMPSHIRE POWER WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY HAMPSHIRE POWER, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY STATEMENT. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, HAMPSHIRE POWER WILL NOT BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

  1. Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. Hampshire Power reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

  1. Third Parties and Third-Party Websites

The Site may contain hyperlinks to other websites and webpages, as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Sites”). Hampshire Power does not investigate, monitor, or review any Third-Party Sites to ensure their accuracy, completeness, or appropriateness. Hampshire Power is not responsible for the Third-Party Sites accessed through the Site. You agree that Hampshire Power shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Site.

The inclusion of any hyperlinks to any Third-Party Sites on the Site does not indicate Hampshire Power’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Site, or based on such third party’s participation or presence on the Site, are solely between you and the third party. Hampshire Power makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Site to access any Third-Party Sites, you do so at your own risk.

These Third-Party Sites may also contain opinions and viewpoints that do not necessarily coincide with the opinions and viewpoints of Hampshire Power.  These Third-Party Sites may also have privacy policies different than Hampshire Power’s own Privacy Policy. We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Sites or services that you visit.

Hampshire Power has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Sites or services. By accessing the Site, Users acknowledge and agree that Hampshire Power shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third-Party Sites or services.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Hampshire Power and its affiliates and any of its or their respective officers, directors, agents, employees, licensors, and partners, from and against all liabilities, claims and expenses, including attorneys’ fees and costs, that arise from your use, misuse or inability to use the Site or your violation of these Terms of Use.

  1. Modification or Suspension of the Site

You agree that Hampshire Power may, in its sole discretion and at any time,

    1. modify, discontinue, or suspend its operation of the Site, any features or functionality on the Site, or any of its contents,
    2. impose limits on certain features or functionality on the Site; or
    3. terminate these Terms of Use and your use of the Site—temporarily or permanently, without notice or liability to you.

Modification, suspension or termination of the Site shall not entitle you to any refund, credit, or other compensation from Hampshire Power under these Terms of Use or any other agreement or from any third party.

  1. General

Hampshire Power makes no claims that the contents of the Site are appropriate or may be downloaded outside of the United States of America. Access to the Site and its contents may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

  1. Applicable Laws

These Terms of Use are governed in accordance with the laws of the Commonwealth of Massachusetts, United States of America, without regard to its conflict of laws or choice of laws rules. You and Hampshire Power hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Hampshire County, Massachusetts for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

  1. Mandatory Agreement to Arbitrate on an Individual Basis and Class Action Waiver

Applicable to the United States: Any dispute, claim or controversy arising out of or relating to Your use of the Site and/or these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Easthampton, Massachusetts before one arbitrator. The arbitration shall be administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures as then in effect. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.

In any arbitration arising out of or related to Your use of the Site and/or these Terms of Use, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages

WE EACH ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND HAMPSHIRE POWER ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

You and Hampshire Power must abide by these rules:

    1. the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief;
    2. Hampshire Power will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Hampshire Power will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
    3. the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
    4. each side shall pay his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the arbitrator in accordance with applicable law.

With the exception of subpart (a) in the preceding paragraph, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the preceding paragraph is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in the Commonwealth of Massachusetts.

  1. Notice and Take Down Procedures

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from the Site by contacting Hampshire Power (address identified below) and providing the following information:

    1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
    2. Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
    3. Your name, address, telephone number, and (if available) email address;
    4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
    5. A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and
    6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address for copyright issues relating to this website is as follows:

Hampshire Power
116 Pleasant Street, Suite 350
Easthampton, MA 01027
413-387-4888

info@HampshirePower.com

  1. Utility Data Policy

If you provide Hampshire Power with your utility account information (including account number or bill), you authorize Hampshire Power to request and review your historical electricity data (for example, your usage history, your rate class, your service address) from your local utility for a period of no more than six months unless youenter into a separate agreement with HampshirePower that provides for a different period.

If you decide to become a Hampshire customer, you will need to provide your electric utility account information. You authorize Hampshire Power to request and review your historical electricity information from your local utility as long as you are a Hampshire Power customer.

Your utility account information will not be shared with third parties.

We reserve the right to update or adjust our Utility Data Policy with notification if these changes impact you based on your contract or subscriber status.

  1. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Hampshire Power on the Site, these Terms of Use, including the Hampshire Power Privacy Statement, constitute the entire agreement between you and Hampshire Power with respect to the use of the Site and its contents.