The terms “You,” “Your,” “User,” and “Users,” as used herein, refer to all individuals and/or entities accessing the Site for any reason.
- INTELLECTUAL PROPERTY
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.
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.
Hampshire Power reserves the right (but is not obligated) to:
- record the dialogue on the Site;
- monitor, edit, or disclose any Submission;
- 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.
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.
- 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.
- LIMITATION OF LIABILITY
- 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.
- 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.
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.
- Modification or Suspension of the Site
You agree that Hampshire Power may, in its sole discretion and at any time,
- modify, discontinue, or suspend its operation of the Site, any features or functionality on the Site, or any of its contents,
- impose limits on certain features or functionality on the Site; or
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.
- Applicable Laws
- Mandatory Agreement to Arbitrate on an Individual Basis and Class Action Waiver
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.
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:
- 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;
- 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;
- the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
- 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.
- 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:
- 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;
- 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;
- Your name, address, telephone number, and (if available) email address;
- 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;
- 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
- 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:
116 Pleasant Street, Suite 350
Easthampton, MA 01027
- 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.
- Complete Agreement