The Integrated Grid

Overview

The following Terms of Use (the “Terms of Use”) describe the terms under which You may use the information, materials and services at the websites owned and operated by or on behalf of EPRI (individually and collectively referred to herein as the “Site”, which includes www.epri.com, as well as any other sites that post or link to these Terms of Use). “EPRI” includes the Electric Power Research Institute, Inc. and its affiliates and subsidiaries. The terms “You” and “User” (and applicable variants thereof) as used herein, refer to all individuals and/or entities accessing the Site for any reason.

Your Agreement to the Terms of Use is Binding

By accessing or using the Site You–on behalf of Yourself, if accessing the Site solely in Your capacity as an individual person, or for Yourself and such entity or entities that You, if accessing the Site in the course of Your employment, consultancy, contracting, or subcontracting for such entity or entities (in such case, the term “You” or “User” includes such entity or entities)– (i) indicate that You expressly agree to the Terms of Use and to be bound thereby; (ii) represent and warrant to EPRI that You have the right, authority and capacity to agree to and be bound by the Terms of Use (both for Yourself and such entity or entities that You, in the course of Your employment, consulting, contracting, or subcontracting for such entity or entities You may be accessing the Site on behalf of); and (iii) represent and warrant that You will use the Site in a manner consistent with all applicable laws and regulations. If You do not or cannot agree to the Terms of Use, you may not use the Site.

General Site Restrictions, Prohibited Uses and User Conduct

You are prohibited from and agree, You will undertake no efforts or actions in furtherance of:

uploading, posting, emailing, transmitting, distributing, storing or otherwise making available any content through or to the Site that is unlawful, harmful, threatening, confidential, proprietary, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, libelous, invasive of another’s privacy, hateful, or racially, religiously, ethnically or otherwise objectionable or any other content that EPRI in its sole and absolute discretion does not wish uploaded, posted, emailed, transmitted, distributed, stored or otherwise made available through or to the Site;
impersonating any natural or legal person, including but not limited to, EPRI employees and employees or agents of any third parties; forging headers or otherwise manipulating identifiers in order to disguise the origin of any content; or otherwise misrepresenting Your identify of affiliation in any way;
uploading, posting, emailing, transmitting, distributing, storing or otherwise making available any content through or to the Site that You do not have a right to make available under any law or under any contractual or fiduciary relationship (for example, proprietary and confidential information);
uploading, posting, emailing, transmitting, distributing, storing or otherwise making available any content through or to the Site in a manner that will infringe or otherwise violate the copyright, trademark, trade secret, confidentiality, nondisclosure, patent or other intellectual property or proprietary rights of others and/or violate the privacy, publicity or other personal rights of others;
uploading, posting, emailing, transmitting, distributing, storing or otherwise making available any material through or to the Site that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment or facility;
using the Site in any manner to provide material support or resources to (or to conceal or disguise the nature, location, source or ownership of material support or resources of) any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act or any successor law(s) thereto;
using the Site for your own promotional or marketing purposes;
using the Site to intentionally or unintentionally violate any applicable local, state, regional, national or international law, and any regulations having the force of law;
using the Site to “stalk” or otherwise harass another; and/or
collecting and/or storing personal data about other Users in connection with the prohibited conduct or activities described above.

You are prohibited from and agree You will undertake no efforts or actions in furtherance of violating or attempting to violate the security or technological restrictions of any portion of the Site, including, without limitation, violations such as the following:

accessing or attempting to access data, information or services to which You have not been granted access or are not otherwise intended for You or Your use;
logging into or attempting to log into a server or account to which You are not authorized to access;
attempting to probe, scan or test the vulnerability of any system or network associated with the Site or to breach security or authentication measures of any system or network associated with the Site by any means, including, tampering, hacking, modifying or otherwise corrupting or breaching security, authentication, or other technological protection measures;
attempting in any manner to interfere with service to any User, host or network associated with the Site, including, without limitation, via means of a submitting a virus, Trojan horses, worms, time bombs, cancel bots, corrupted or other computer programming routines or engines to any portion of the Site, overloading, flooding, spamming, mail bombing or crashing, or otherwise engaging in any conduct that could damage, disrupt or otherwise impair or interfere with a computer’s function or the operation of the Site; and/or
forging or fraudulently displaying any TCP/IP packet header or any part of the header information in any e-mail or posting.

You are prohibited from and agree You will undertake no efforts or actions in furtherance of sending unsolicited mail or email, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of commercial products or services to any User of the Site. You understand and agree that EPRI (or any designated agent thereof) may, but is not obligated to, investigate occurrences which may involve any suspected prohibited or impermissible activities and may involve, and cooperate with, law enforcement authorities in prosecuting Users and others who are involved in such violations.

User Generated Content and Submissions

You are solely responsible for any content, files, messages or other information (“User Content”) that You submit, publish or display (collectively, “Post”) on any portion of the Site or otherwise transmit to other Users of the Site through the Site. By Posting User Content to any portion of the Site (including collaboration sites, message/bulletin boards, forums and chat rooms), You automatically grant to EPRI and You represent and warrant that You have the right to grant to EPRI an irrevocable, perpetual, fully-paid, royalty-free, sublicensable (through multiple tiers), non-exclusive right (including any moral rights) and unlimited license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display, and otherwise commercially exploit such User Content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed for any purpose. You also warrant that the holder of any rights in such User Content has completely and effectively waived all such rights or validly and irrevocably granted to You the right to grant the license provided above and that no part of the User Content you submit is the confidential information or trade secrets of You, Your employer, or any third party. You also agree to permit any User to access, display, view, store, and reproduce such User Content for such User’s own use. With respect to User Content posted to any portion of the Site, EPRI has no obligation to screen or monitor any such User Content. EPRI may in its sole discretion investigate, review, modify, and/or delete any User Content that it suspects of violating these Terms of Use or any applicable law or regulation or otherwise posing potential harm to EPRI or any other purpose and determine whether to take any action, including whether to remove or request the removal of the applicable User Content; provided, however, EPRI shall have no liability or responsibility to Users for the performance or nonperformance of such activities. The Company reserves the right in its sole and absolute discretion to investigate and take any legal or other action against any person in violation of the Terms of Use, including the right to terminate and prevent access to the Site for any suspected violation of the Terms of Use, any applicable law, rule or regulation and in such cases as the Company believes, in its sole and absolute discretion, that a User’s actions may be creating liability for EPRI or any EPRI member. EPRI will terminate Your access to the Site if You repeatedly engage in copyright infringement. For information regarding sending a notice of claimed copyright infringement, please see the EPRI Copyright Policy. EPRI in no way represents, warrants or guarantees the truthfulness, non-offensiveness, accuracy or reliability of User Content or any other communications posted by Users or endorses any opinions expressed by Users. You acknowledge that any reliance upon User Content is and will be at Your own risk.

Integrated Grid System Interactive Features

As a part of the Site, EPRI makes available discussion and commentary features that enable users to provide User content and interact with each other (“Collaboration Sites”). All content or information submitted through such features is User Content for purpose of these Terms of Use. In an effort to effectively curate these features, EPRI may move, edit, or delete any such User Content in its sole discretion for any purpose. Consistent with these Terms of Use, EPRI does not endorse and makes no warranties as to the accuracy or reliability of any such User Content or other Site Content present on these features.

Site Content

The materials made available at the Site, such as text, graphics, images, logos, icons, software and other resident content (collectively, “Site Content”) are protected under both United States and foreign copyright, trademark and other laws and proprietary rights. All Site Content other than the User Content is the property of EPRI, its Members or content suppliers or vendors. Subject to these Terms of Use, You may view and access the Site Content which You are authorized to access solely for Your own use. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without the written permission of the applicable copyright owner. Unauthorized use of the Site Content may violate copyright, trademark and other laws or proprietary rights. All copyright, trademark or other proprietary notices contained in the original Site Content or any copy of such the Site Content must be retained and may not be removed or modified in any manner. Permission for all uses of Site Content other than as provided for in the Terms of Use, including reproducing and distributing copies of Site Content, must be obtained in writing from EPRI. All trademarks, services marks, logos and trade names, whether registered or unregistered, that may be found on the Site are proprietary to EPRI or to other companies. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owners or licensors thereof.

Links to Other/Third-Party Web Sites; Other Users; Release

As You view the Site, You may encounter hyperlinks to certain other web sites. These hyperlinks are made available for User convenience only. Any such hyperlinks do not constitute or indicate (nor should such in anyway be construed to constitute or indicate) the approval, endorsement, sponsorship, affiliation or guarantee of EPRI with respect to the organization sponsoring/maintaining such sites or any products or services referenced therein or affiliated therewith or the approval, endorsement, sponsorship, affiliation or guarantee of any third-party with respect thereto. Please note that when using the hyperlinks to third-party web sites You will be leaving the Site and EPRI’s Terms of Use and Privacy Statement will not apply to Your activities on the applicable third-party web site.

Each User is solely responsible for any and all of its User Content. Because EPRI does not control User Content, You acknowledge and agree that EPRI is not responsible for any User Content and EPRI makes no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and EPRI assumes no responsibility for any User Content. Your interactions with other Users are solely between You and such User. You agree that EPRI will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and any User, EPRI is under no obligation to become involved. You represent and warrant that you will not use state, indicate, or otherwise suggest that EPRI endorses or approves of any of your User Content.

You hereby release and forever discharge EPRI from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Users. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Export Controls

Access to and use of Site Content and any other intellectual property or technology made available on or through the Site is granted with the specific understanding and requirement that responsibility for ensuring full compliance with all applicable U.S. and foreign export laws and regulations is being undertaken by You and the company/organization You represent. This includes an obligation to ensure that any individual receiving access hereunder who is not a U.S. citizen or permanent U.S. resident is permitted access under applicable U.S. and foreign export laws and regulations. You acknowledge and agree that it is Your obligation to consult with Your company’s/organization’s legal counsel to determine whether Your access and use of the Site is lawful. You acknowledge and agree that any assessment of relevant export classification provided is solely for informational purposes and should not under any circumstances be relied upon. You acknowledge that it is still Your obligation to make Your own assessment of the applicable export classification and ensure compliance accordingly. In all cases, Site Content or other intellectual property or technology made available on or through the Site may not be downloaded or otherwise re-exported (i) into, by or to a national or resident of any county to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. export control watchlists (including but not limited to the Denied Persons List, the Specially Designated Nationals List, and the Entities List) or for advancing any purpose prohibited by U.S. law, including without limitation proliferation or development of nuclear, chemical or biologic weapons or for terrorist or criminal activities. By downloading or using any particular Site Content or other intellectual property or technology made available on or through the Site, You represent and warrant that You are not located in, under the control of, or a national or resident or any such country on any such list, or that you seek to advance any such prohibited purpose.

Registration, Passwords and User Information

You are responsible for all uses of Your Site registrations, user identifications and passwords, whether or not authorized by You, and are responsible for maintaining and protecting the confidentiality of Your passwords. You agree to immediately notify EPRI of any unauthorized use of Your user identifications, passwords or registration.

Limitations on EPRI’s Liability

To the greatest extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall EPRI OR ITS SUPPLIERS be liable TO YOU OR ANY THIRD PARTY for any exemplary, punitive, special or consequential damages, LOST PROFITS, LOST BUSINESS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES that result from the use or, or the inability to use, the materials made available on and through the Site, even if EPRI or an authorized representative thereof has been informed of the possibility of such damages. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EPRI AND ITS SUPPLIERS’ LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) THE AMOUNTS PAID TO EPRI HEREUNDER IN THE PRIOR TWELVE (12) MONTHS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

Disclaimers

THE SITE AND ALL MATERIALS PROVIDED ON AND THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, STATUTORY, OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EPRI DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES AS TO NONINFRINGEMENT. EPRI DOES NOT WARRANT THAT THE SITE OR ANY PORTION THEREOF WILL OPERATE ERROR-FREE, ACCURATE, OR THAT ANY PORTION OF THE SITE AND ITS SERVICES ARE SECURE OR FREE OF COMPUTER VIRUSES OF OTHER HARMFUL MECHANISMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify and hold harmless EPRI, its affiliates, and their respective members, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any portion of the Site, (ii) Your use of the Site and any Site Content, or (iii) Your breach of the Terms of Use or applicable law or regulation. EPRI reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify EPRI and You agree to cooperate with EPRI’s defense of these claims. You agree not to settle any matter without the prior written consent of EPRI. EPRI will make reasonable attempts to provide notice to You of any such claim, suit or proceeding.

General

The Site is controlled and operated by EPRI from its offices within the United States of America. EPRI makes no representations that material on the Site is appropriate or available for use in other locations. Those who choose to access this site from locations outside the United States do so on their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Site from jurisdictions where the contents of the site are illegal or penalized is prohibited. This agreement shall be governed by and construed in accordance with the laws of the State of California, without respect to conflict of laws principles.You hereby agree bring all claims and to submit to the exclusive personal jurisdiction of the courts located within Santa Clara County, California for any disputes arising from or related to the Site or these Terms of Use. These Terms of Use constitute the entire agreement between You and EPRI regarding the use of the Site. EPRI’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision of the 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 the Terms of Use, which shall remain in full force and effect.

Changes to Terms of Use

EPRI may revise the Terms of Use at any time, without notice, and as such, You should revisit this page periodically to make sure You are aware of the most recent terms because they will be binding on You. If EPRI makes any substantial changes, EPRI may choose to notify You by sending You an e-mail to the last e-mail address You provided to EPRI (if any) and/or by prominently posting notice of the changes on the Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following EPRI’s dispatch of an e-mail notice to You (if applicable) or thirty (30) calendar days following posting of notice of the changes on the Site. These changes will be effective immediately for new Users of the Site. You are responsible for providing EPRI with Your most current e-mail address. In the event that the last e-mail address that You have provided EPRI is not valid, or for any reason is not capable of delivering to You the notice described above, EPRI’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.Your use of the Site after any such changes to the Terms of Use constitutes Your agreement to such changes.

Termination

The Terms of Use will remain in full force and effect while You are a User of the Site at any level. EPRI may (a) suspend Your rights to use the Site or (b) terminate these Terms of Use, at any time for any reason at EPRI’s sole discretion, including for any use of the Site in violation of these Terms of Use. Upon termination of these Terms of Use, Your right to access and use the Site will terminate immediately. You understand that any termination of Your access may involve deletion of Your User Content associated therewith from EPRI’s live databases. Your User Content may remain on the Site even after Your account is terminated. EPRI will not have any liability whatsoever to You for any termination of these Terms of Use, including for termination of Your account or deletion of Your User Content. Even after You are no longer a User of the Site, certain provisions of the Terms of Use will survive, including those under the headings “User Generated Content and Submissions,” “Site Content,” “Limitations on EPRI’s Liability, Disclaimers,” and “Indemnity.”

Certain Written Agreements will Supersede these Terms and Conditions

Notwithstanding the foregoing provided under these Terms of Use, with respect to the use, application and distribution of any authorized downloads of EPRI products, reports, software and other products and publications from the Site to which an EPRI Member or other legal or natural person is provided pursuant to a separate written agreement between said Member or other legal or natural person and EPRI, the terms of such written agreement shall control and supersede any conflicting provision contained in these Terms of Use with respect to the use, application and distribution of such materials, related intellectual property and proprietary rights, disclaimers, warranties and indemnities.

Contact Us

If You have any questions about these Terms of Use, the Privacy Statement, the practices of the Site, or Your experience on the Site, please email us at askepri@epri.com

Last updated: July 2014