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Terms of Use 

 
PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE
 
Created on: 06/09/2003
Last Updated on: 01/06/2004
By using this Website, you agree to adhere to these Terms of Use. Your use of this Website is conditioned on such agreement. Further, you expressly acknowledge that you use this Website at your sole risk.

Restrictions on Use of Materials

This Website is operated and maintained by the California Independent System Operator Corporation (referred to as the "California ISO" herein). No material or information from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed except (i) as authorized in these Terms of Use, (ii) as expressly authorized in the materials and/or information contained on this Website, or (iii) as expressly authorized in writing by the California ISO.
Materials and information on this Website are provided as a public service. Most of the materials and information contained on this Website were generated, compiled or assembled from materials and information that are freely available for public use consistent with the general policies of the Public Records Act (California Government Code section 6250, et seq.), as provided by California Public Utilities Code section 345.5, and may be used by you provided that you keep intact all copyright, trademark and other proprietary notices and that you credit the California ISO when using such materials and/or information. Third parties generated some of the materials and information contained on this Website, including, without limitation, icons and graphics used in links from this Website to other sites. You are reminded that you must respect the copyright, trademark and other proprietary rights of such third parties in such materials and/or information. If you seek to use or modify such materials and/or information, you should contact the third party provider directly.
The California ISO maintains a secured section on this Website to distribute and make available certain material and information that requires access control restrictions. The Terms of Use applicable to such secured section includes the Additional Provisions set forth at the end of this document.
Questions concerning the use of materials and/or information on this Website should be directed to webposting@caiso.com.
The California ISO reserves the right to change, without notice, these Terms of Use at any time. It is your responsibility to consult the most recent version of the Terms of Use (not an older cached version) each time you view this Website. Use of this Website constitutes your acceptance of these Terms of Use, in their current form at the time of such use.

Disclaimer of Liability

The California ISO shall not be held liable for any improper or incorrect use of the materials and/or information described and/or contained on this Website and assumes no responsibility for user's use of them. In no event shall the California ISO be liable for any direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability or tort (including negligence or otherwise) arising in any way out of the use of this Website or materials and/or information contained hereon, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury relating to the use of this Website (including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of materials and/or information contained on this Website) whether based on breach of contract, tortuous behavior, negligence or on any other legal theory or cause of action.

Disclaimer of Warranties / Freedom from Computer Viruses / Accuracy and Use of Information / Continuous Service

The materials and information contained on this Website are provided "AS IS" and without warranties of any kind, either express or implied. The California ISO disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
The California ISO does not warrant that the functions contained in materials on this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available are free from viruses or other harmful components.
The California ISO does not warrant or make any representations regarding the use or the results of the use of the materials and/or information contained on this Website, or the accuracy, adequacy, completeness, legality, reliability, or usefulness of any such materials and/or information. Changes may be periodically made to source materials and/or information used on this Website, and such changes may or may not be reflected in the materials and/or information as presented on this Website. Additionally, due to the dynamic nature of the Internet, materials and information freely available one day may be restricted the next day, or may become undiscoverable due to changes in the organization of menus, homepages or files.
If you have obtained materials and/or information claimed to be from the California ISO from a source other than the California ISO or this Website, be aware that electronic data can be altered subsequent to original distribution. Also, data and information can quickly become out-of-date. It is recommended that careful attention be paid to the contents of any metadata associated with a file, and that the originator of the data or information be contacted with any questions regarding its appropriate use. If you find any errors or omissions in the materials and/or information contained on this Website, we encourage you to report them to the California ISO Web Administrator (webposting@caiso.com).

Disclaimer of Endorsement

Reference in this Website to any specific commercial product, process or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply an endorsement, recommendation or favoring by the California ISO.

Disclaimer for Hypertext Links

The California ISO is not responsible for the contents of any off-site materials referenced. The user specifically acknowledges that the California ISO is not liable for the defamatory, offensive or illegal conduct of other users, links or third parties, and that the risk of injury from the foregoing rests entirely with the user.
Links from this Website to other sites on the World Wide Web do not constitute an endorsement of the linked website by the California ISO. These links are provided for convenience and informational purposes only. It is the responsibility of the user to evaluate the content and usefulness of materials and/or information obtained from other sites.

Indemnification

To the extent permitted by applicable law, user agrees to defend, indemnify and hold harmless, the California ISO and/or its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the user's use of this Website and the materials and/or information contained herein.

Choice of Law / Interpretation

These Terms of Use, including the legal disclaimers and indemnification, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use is declared unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the other terms and shall not affect the validity and enforceability of the remaining provisions.

Additional Provisions Applicable To Secured Section Access


Secured Access Privilege: User Account, Password, and Security

The California ISO maintains a secured section of this Website to distribute and make available certain materials and information that require access control restrictions. Validated users that demonstrate a verifiable need-to-know will be granted access privileges to such secured section in accordance with the California ISO’s security procedures. Users are responsible for maintaining the confidentiality of their assigned User ID and password, and are fully responsible for all activities that occur under their account. The California ISO shall not be liable or responsible in any respect for such use.

General Security Practices and Termination

Users of the secured section of this Website acknowledge that general security practices are employed in connection with the use of such secured section. The user will only be allowed read access and download privileges to files protected by copyright laws, as well as to files containing proprietary agreements. The California ISO has the right to log off accounts that are logged in and show no activity for more than a four-hour period of time, as well as account inactivity for more than 180 days. The California ISO  reserves the right to change these general security practices at any time with or without notice.
As a condition of the grant of access to the secured section, the user must agree that the California ISO, in its sole discretion, may terminate the user’s account and its access privilege for any reason, including, without limitation, for lack of use of such secured section or if the California ISO believes that the user has violated or acted inconsistently with the letter or spirit of any of the Terms of Use. The user must also agree that any termination of its access privileges may be effected without prior notice, and that the California ISO may at any time immediately deactivate or delete the user’s account and bar the user from further access to the secured section of the Website. Furthermore, the user must agree that the California ISO shall not be liable in any respect to the user or to any third-party for any termination of the user’s access to the secured section of the Website.