Last updated and effective as of August 6, 2012.
(c) As part of the registration and account creation process required to access to some features of the Sites, you will select a username and a password. You will also provide TECA with certain registration information, including your name and email address all of which must be accurate and updated.
2. Content of the Sites
(a) All contents of the Sites are owned by TECA and/or its licensors, who reserve all their rights in law and equity. ALL RIGHTS RESERVED. Tennessee Electric Cooperative Association, The Tennessee Magazine, the Tennessee Electric Cooperative Association logo, and The Tennessee Magazine logo are trademarks of the Tennessee Electric Cooperative Association. All other trademarks, product names and company names or logos included on the Sites are the property of their respective owners.
(b) The Sites contain copyrighted material, trademarks, service marks, trade dress and other proprietary content, including but not limited to the design, layout, look, appearance, text, software, sound, articles, photographs, images, illustrations, logos, video and graphics (the “Content”), and the entire selection, coordination, layout, arrangement and “look and feel” of the Sites and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”).
(e) The Sites are available worldwide to anyone with Internet access. However, the Sites may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. Further, a reference to a product or service on the Sites does not imply that such product or service is or will be available in your location. Certain product, service, or company designations for companies other than TECA may be mentioned in the Sites for identification purposes only. The Content of the Sites, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. The Content is subject to change without notice.
3. Acceptable Use
The Content is for your general information and personal, noncommercial use only. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Sites and shall maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from TECA, or the copyright holder identified in the copyright notice contained in the Content. You may view, copy, retransmit and print the Content subject to the following conditions:
(a) the Content is used solely for personal, informational, or non-commercial purposes;
(b) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
(c) all copyright, trademark and other proprietary rights notices included in the Content as presented on the Sites appear on all copies;
(d) the Content is not modified or altered in any way; and
(e) no graphics are used separately from accompanying text.
You may also link or hyperlink to the home page of the Sites from any Acceptable Site (as defined below), but only if:
(a) You do not frame the Sites or any portion of the Sites;
(b) you do not deep link into the Sites (i.e., you do not link into any page other than the home page);
(c) the hyperlink to the Sites is not used in a way that suggests that TECA endorses you or your website;
(d) the link to the Sites is not used or presented in any way that disparages TECA or tarnishes, blurs or dilutes the quality of TECA’s name or trademarks or any associated goodwill; and
(e) the link to the Sites is not displayed on any web page that displays objectionable content or links.
An “Acceptable Site” means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.
You represent, warrant and covenant:
(a) that no materials of any kind submitted by you and/or through your account, including without limitation Submissions (as defined below) will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and
(b) that you are at least thirteen years old.
4. User Conduct
By using the Sites in any way, including all Content and services available through them, you agree that you shall not:
(a) delete, modify, hack or attempt to change or alter any of the Content on the Sites;
(b) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Sites or servers or networks connected to the Sites, or take any other action that interferes with other parties’ use of the Sites;
(c) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Sites for purposes other than for a generally available search engine;
(d) use any TECA names, service marks, or trademarks without our prior written consent, including without limitation as metatags, search engine keywords, or hidden text;
(e) use any material or information, including images or photographs, which are made available through the Sites in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
(f) upload, transmit or otherwise distribute files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property; or
(g) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party, or upload to or otherwise distribute on the Sites any libelous, defamatory, obscene, pornographic, abusive or otherwise illegal material.
5. Other Sites; Third-Party Content, Products and Services
6. Submissions; Public Comments; User-Generated Content
You acknowledge that any submissions you make to the Sites (i.e., user-generated content including but not limited to comments, forum messages, reviews, text, video, audio and photographs) (each, a “Submission”) may be edited, removed, modified, published, transmitted, displayed and/or incorporated by TECA on the Sites and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Sites may also be made available for republishing through other formats and on other platforms and media. By making a Submission, you are consenting to its display and publication on the Sites’ associated services and for related online and offline promotional uses. You are solely responsible for ensuring that each Submission made by you or in connection with your account complies with all applicable law, rules and regulations. You may not upload, post or make any Submission that violates the rights of third parties, and you are not allowed to make a Submission containing any video or photo of any third party without such third party’s express permission. By making a Submission, you warrant that you have express permission from all persons appearing in the media contained in such Submission.
You grant to TECA a perpetual, non-exclusive, worldwide, royalty-free, sub-licensable right and license to Submissions, which includes without limitation the right for TECA or any third party it designates, to use, copy, reproduce, print, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in whole or in part in any form or media now known or hereinafter developed, any Submission posted by you on or to the Sites or any other site or application owned by TECA, including any Submission posted on or to the Sites through the Third-Party Sites. TECA is not obliged to maintain back-up copies of any material submitted or posted on the Sites or through any other site or application.
You are solely responsible for the content of your Submissions. You acknowledge that TECA does not review every Submission or pre-screen or approve Submissions and is not responsible for the content of Submissions by you or others. However, TECA reserves the right to review, delete, move, or edit Submissions that it, in TECA’s sole discretion, deems unacceptable for any reason, including without limitation any Submission(s) that contain abusive, defamatory and/or obscene material, or violates any intellectual property law or violates the proprietary rights or the privacy rights of others.
7. Copyright Infringement
In accordance with the Digital Millennium Copyright Act (“DMCA”), TECA has designated an agent to receive notifications of alleged copyright infringement associated with the Sites. TECA will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent at [email protected] or through the address set forth at the end of this page. If material is believed in good faith by TECA to infringe a copyright or otherwise violate any intellectual property rights, TECA will remove or disable access to any such material.
8. Typographical Errors
Our goal is to provide complete, accurate, up-to-date information on our Sites. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. The Sites may contain typographical mistakes, inaccuracies, or omissions, and some information and Content may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions, and to change or update information and Content at any time without prior notice to you.
9. Termination of Site/Modifications to Site
10. Disclaimer of Liability
TECA does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Sites by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SITES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TECA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TECA MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR ANY SERVICES OFFERED THROUGH THE SITES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITES IS AT YOUR SOLE RISK. No advice or information, whether oral or written, obtained from TECA or through the Sites, will create any warranty not expressly made herein.
11. Limitation of Liability
IN NO EVENT SHALL TECA, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, PR OTHER INTANGIBLE LOSSES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITES OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITES, EVEN IF TECA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in this Section 11 so the limitations above may not apply to you.
12. Limitation on Actions Brought Against TECA
13. Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of the Sites requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Intellectual Property Rights, TECA may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in Nashville, Tennessee, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE SITES REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Tennessee or to any federal court located within the State of Tennessee for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 13 be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts in Nashville, Tennessee.
16. Contact Information
Address: Tennessee Electric Cooperative Association, 710 Spence Lane, Nashville, TN 37217
Last updated and effective as of August 6, 2012.
2. THE INFORMATION WE COLLECT
There are two kinds of information that we may obtain about you through the Sites: (A) Anonymous Information and (B) Personally Identifiable Information.
(A) Anonymous Information: “Anonymous Information” is data in a form that does not permit direct association with any specific individual. Anonymous Information is aggregate data that websites use to administer their sites and the contents thereon. This Anonymous Information comprises information that cannot be used to identify or contact you, and may include such information as your browser type or your Internet Protocol (IP) address (if not deleted, clipped or anonymized). TECA may from time to time retain third parties to help collect and aggregate Anonymous Information. The following are types of anonymous information that may be collected by us from your use of the Sites:
Device Information. We may collect non-personal information about the computer, mobile device or other device you use to access the Sites, such as IP address, geolocation information, unique device identifiers, browser type, browser language and other transactional information.
(B) Personally Identifiable Information: “Personally Identifiable Information” or “PII” is any information that personally identifies you, such as your name, email address or your telephone number. Sometimes this personal information is needed when you register for the Sites, subscribe to our email communications, or when you contact us. For example, you may be asked to provide the following information:
Registration Information. If you choose to register or set up an account on the Sites, you must be at least 18 years of age or older. Registration for the Sites requires that you supply certain personal information, including, in most cases, your first and last name, your age, a unique e-mail address, and your mailing address to register, and you will choose a user name and password as part of the registration process.
Calendar Submissions. When you submit an event for inclusion on the Sites and Services calendars, we request your name and contact information in order to verify information regarding the event you have submitted.
Contests, Sweepstakes and Special Offers. TECA and its third-party service providers collect personal information from you in connection with optional sweepstakes, contests or special offers. If you do not want any of your PII shared, you may always decline to participate in the sweepstakes, contest or special offer.
Email Correspondence. Scattered throughout the Sites are links or forms that can be used to contact the Sites so you can comment, make a complaint, make suggestions and ask questions. Your name, email address, address, and phone number are requested on these forms so we can address our answer in a mannerly way. TECA may put information from email on file, but does not currently sell or license this information with third parties without express authorization from you.
Mailing Lists. If you choose to sign up for a mailing list(s) via the Sites or Services, you must be at least 18 years of age or older, and you must provide your first and last name, your age, and a unique e-mail address.
3. HOW WE USE THE INFORMATION WE GATHER ABOUT YOU
(A) Anonymous Information: Anonymous Information is used internally for administration of the Sites, troubleshooting, and to help improve the quality of the Sites and their design. We may share such aggregated, non-personally identifiable information, such as demographics, with existing and prospective partners and advertisers. We never connect aggregate information with Personally Identifiable Information, and none of the Anonymous Information we share will contain any information that identifies you individually. We also may use Anonymous Information to customize certain features of the Sites to provide you with an enhanced experienced based on the type of device you are using to access the Sites.
(B) Personally Identifiable Information: Personally Identifiable Information collected by TECA may be used for purposes including administration of the Sites, registration, communications with you, and enabling you to participate in polls, contests and message boards. In all cases, however, we will only use your information as permitted by law. In addition, we may from time to time contract with third parties to assist us in maintaining and managing our customer information, or to provide services on our behalf, including e-mail distribution, list processing and analytics or promotions management. We provide these companies only with the information they need to perform their services. In such events, we will advise these companies not to retain, share, store or use Personally Identifiable Information for any secondary purposes. We may also disclose Personally Identifiable Information if we are required to do so by law or we in good faith believe that such action is necessary to (i) comply with the law or with legal process; (ii) protect and defend our rights and property; (iii) protect against misuse or unauthorized use of the Sites; or (iv) protect the personal safety or property of our users or the public. Please note we may not provide you with notice prior to disclosure in such cases.
4. EMAIL COMMUNICATIONS AND OPT-OUT
(A) General and Account-Related E-Mails: TECA reserves the right to send you e-mail concerning your account status. This includes registration confirmations and other transactional e-mails and notifications about major changes to the Sites.
(B) Subscriptions: TECA offers The Tennessee Magazine and may offer from time to time other publications by subscription via email and RSS feed through the Sites. If you no longer wish to receive The Tennessee Magazine or other publications via email, email us at [email protected] with “Unsubscribe [name of publication]” in the subject line of your email to be removed from our distribution list for the applicable publication.
(C) Promotional E-mails: You will be given the right to opt-out of receiving promotional materials about TECA or its partners whenever you are asked to provide Personally Identifiable Information on the Sites. If you do not opt-out at that time, but later decide that you do not wish to receive future communications of this nature you can contact us at [email protected] or through the address set forth at the end of this page, indicating that you no longer want to receive information relating to the Sites via e-mail.
Security of information communicated by or to us over the Internet is of utmost concern to us; however, no data transmission over the Internet can be guaranteed to be 100% secure. The Sites incorporate reasonable safeguards to protect the security, integrity and privacy of the personal information we have collected. We have put in place reasonable precautions to protect information from loss, misuse and alteration. Please do not use email to communicate information to us that you consider confidential. While we strive to protect your personal information, TECA cannot ensure or warrant the security of any information you transmit to us or through the Sites.
6. UPDATES AND CORRECTIONS TO YOUR PII
To request that we remove your PII from our systems, please contact us at the address indicated below. We will attempt to complete your request as promptly as possible. While it is not possible for us to delete all of the information that we have collected from you, any information that remains in our systems after we delete your user name and PII will become and remain anonymous. Any changes will affect only future uses of your PII.
7. DISCLOSURE OF INFORMATION THROUGH REORGANIZATIONS
As we continue to develop, we may merge or partner with other entities, and in so doing, acquire customer information. In such transactions, user information may be among the transferred assets. Similarly, in the event that a portion or substantially all of TECA’s assets are sold or transferred to a third party, user and visitor information (including Personally Identifiable Information) would likely be one of the transferred business assets.
8. OUR COMMITMENT TO CHILDREN’S PRIVACY
Protecting the privacy of children is very important to us. The Children’s Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13. TECA strictly adheres to COPPA. For that reason, we do not collect or maintain information obtained through our Sites from those we actually know are under 13, no part of the Sites is structured to attract anyone under 13, and we do not knowingly collect or use the personal information of minors for marketing purposes.
9. EXTERNAL LINKS
10. CONSENT AND MODIFICATIONS TO PRIVACY STATEMENT
11. SPECIAL NOTICE TO CALIFORNIA RESIDENTS
13. QUESTIONS, COMMENTS AND FEEDBACK
We welcome your questions, comments and all feedback pertaining to your privacy or any other issue with regard to the Sites. You may contact us at through the address listed below.
Address: Tennessee Electric Cooperative Association, 710 Spence Lane, Nashville, TN 37217