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Terms of Use

Last Revised: December 28, 2006

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

These terms and conditions apply exclusively to your access to, and use of, this Web site and do not alter in any way the terms or conditions of any other agreement you may have with the Puget Sound Energy Foundation ("the Foundation") for products, services or otherwise. The Foundation reserves the right to amend at any time any policies governing this Web site, including these Terms and Conditions and the Foundation's Privacy Policy, by posting the amended terms and indicating the date of the last revision. The amended terms shall be effective immediately after they are initially posted on this Web site. If you do not accept the amended terms, you must cease using this Web site. If you have any question regarding the use of this Web site, please direct such questions to the appropriate contact person.

1. Privacy Policy

The Foundation believes strongly in protecting user privacy. Please refer to our Privacy Policy for information on how the Foundation uses and collects information and protects your privacy.

2. Copyright
Unless otherwise indicated, all Web site materials, including, without limitation, the Foundation logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of the Foundation or its licensors. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational, non- commercial, personal use only. Any other use of the materials in this Web site-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of the Foundation is strictly prohibited.

3. Trademarks
The trademarks for Puget Sound Energy, Puget Energy, the Puget Sound Energy and Puget Energy logos, and any product or service name or slogan contained in this Web site, are either trademarks or registered trademarks of the Foundation and its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Foundation. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of the Foundation, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Foundation. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

4. Indemnification
You agree to defend, indemnify and hold harmless the Foundation, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorney's fees) arising our of your use of the Foundation's Web site, including without limitation any actual or threatened suit, demand, or claim made against the Foundation and/or its independent contractors, service providers, or consultants, arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of the rights of any third party.

5. Submissions
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to the Foundation, or postings on this Web site, are non-confidential and shall become the sole property of the Foundation. The Foundation shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to the Foundation, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

6. Hyperlinks
You are granted a limited, non-exclusive right to create a hyperlink to this Web site provided such link does not portray the Foundation or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any the Foundation trademark, logo or other proprietary information, including the images found at this web site, the content of any text or the layout/design of any page or form contained on a page without the Foundation's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of the Foundation or any third party.

The Foundation makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Web site, or Web sites linking to this Web site. The linked sites are not under the control of the Foundation and the Foundation is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The Foundation is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Foundation of the site or any information contained therein.

7. Third Party Content & Services
The Foundation may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. The Foundation does not monitor nor has any control over any Third Party Content or third party Web sites. The Foundation does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. The Foundation does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.

8. Disclaimer
THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE FOUNDATION DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. THE FOUNDATION DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Foundation reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by the Foundation.

9. Limitation of Liability
IN NO EVENT SHALL THE FOUNDATION, IT'S OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, PRODUCT LIABILITY, OR STRICT LIABILITY), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE FOUNDATION, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE FOUNDATION'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE FOUNDATION (WHETHER IN CONTRACT, WARRANTY TORT-INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED-PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE FOUNDATION'S WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE FOUNDATION FOR ACCESS TO OR USE OF THIS WEB SITE.

10. Applicable Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

11. Repeat Infringer Policy
THE FOUNDATION respects the intellectual property of others, and we ask our users to do the same. THE FOUNDATION may, in appropriate circumstances and at its own discretion, limit access to this Web site and/or terminate the accounts of any users who infringe the intellectual property rights of others.

12. Claims of Copyright Infringement; Designated Agent
If you believe that any material on this Web site infringes upon any copyright which you own or control, or that any link on this Website directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent. Please see our Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement.

13. Termination
Notwithstanding any of these terms and conditions, the Foundation reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.

14. Severability
If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

15. Questions & Contact Information
Questions or comments about the Foundation's Site may be directed to Puget Sound Energy Foundation at psefoundation@pse.com, or you may telephone us at (888)225-5773 and ask for the Webmaster. From outside of the State of Washington, please call (425)452-1234. You may also write to us at Webmaster, Puget Sound Energy, 10885 NE 4th Street, PO Box 97034, Bellevue, WA 98009-9734.