These Terms and Conditions (this “Agreement”) concern the website operated, hosted, and/or published by Wholesale Electric Supply Co. of Houston, Inc. (together with its affiliates, “Company”) (together with the website’s pages and features, the “Site”) and all associated services and products provided on, through, or in relation to the Site (the “Services”). This Agreement is made and entered into by and between you and any person helping you access or use the Site or the Services, whether as a guest or a registered user (collectively, “you” or “your”), on the one side, and Company on the other side. You and Company are sometimes referred to herein, individually, as a “Party” and, collectively as the “Parties”.
Please read this Agreement carefully before accessing or using the Site and/or the Services because it constitutes a legally binding contract between you and Company. This includes the “Dispute Resolution” clause contained in this Agreement, which provides for BINDING ARBITRATION AND waivers of jury trials and class actions.
The Website contains links to other websites which may provide information of interest to you. Links to such websites are provided as a convenience. Their content may be accessed and used by you solely as permitted by the owner of the websites and in accordance with the terms of use for those websites.The Site is offered only to users eighteen (18) years of age or older, or otherwise the age of majority in each user’s respective jurisdiction, and who have accepted this Agreement. By accessing or using the Site or the Services, you represent and warrant to Company that you meet these eligibility requirements. You agree to comply with all applicable laws for accessing and using the Site or the Services.
Certain portions of the Site may be configured for, and Company may offer the Site through, certain computers, tablets, smart phones or other electronic devices (“Device(s)”), and this Agreement shall apply with equal force and measure to your access and use of the Site through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly access and use the Site. Company does not guarantee that the Site or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. If you access or use the Site through a particular Device, then you hereby acknowledge and agree that information about your use of the Site through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or your Device’s carrier or network) may be communicated to Company and/or certain third parties (such as, by way of example only, your Device’s carrier or network). ALL OR ANY PART OF THE VOICE, MESSAGE AND DATA FEES, RATES, CHARGES AND TAXES OF YOUR DEVICE’S CARRIER OR NETWORK, OR ANOTHER THIRD PARTY, MAY APPLY TO YOUR ACCESS OR USE OF THE SITE. COMPANY IS NOT RESPONSIBLE FOR, AND YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR, ALL DEVICE CARRIER AND NETWORK FEES, RATES, CHARGES AND TAXES WHICH MAY APPLY, IF ANY.
a. License of the Site. Subject to the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, personal, freely-revocable, non-transferable, and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. You must not access or use for any commercial purposes any part of the Site or any services or materials (including, without limitation, the Services) available on or through the Site. Your unauthorized use of the Site or any breach by you of this Agreement will automatically terminate this license.
You shall not engage in any of the following activities at any time with respect to the Site: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy, or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Company or its licensors with respect to the Site); (c) the reproduction of the Site or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivative works of the foregoing (unless expressly authorized by Company herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening, or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer, or randomly generated content; (g) supplying or publishing any information or statement on, through, or in relation to the Site that is false, misleading, deceptive, or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers, or applications; (i) the systematic retrieval or copying of any information or content found on, through, or in relation to the Site or its servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database, or directory; (j) the use of any software, program, process, device, application, or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware, and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site or its servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through, or in relation to the Site or its servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site or its servers; (m) any act that gains or attempts to gain unauthorized access to computer systems, networks, information, or materials on, through, or in relation to the Site or its servers; or (n) any other act that Company becomes aware of and believes in good faith is improper, illegal, or harmful to the Site or its servers, or any person, entity, or property.
You may use the Website only for lawful purposes and in accordance with the Terms of Use. You agree that you will not: (i) use the Website in any way that violates any applicable federal, state, local, or international law; (ii) use the Website to transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (iii) use the Website to impersonate or attempt to impersonate any other person or entity; (iv) use the Website to corrupt or misuse any data or personal information that may be accessed through the Website; (v) use the Website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which, as determined by us, may harm the Company or users of the Website or expose them to liability; (vi) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful and will not attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (vii) 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; or (viii) otherwise attempt to interfere with the proper working of the Website.
Wholesale Electric reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.