Last modified: 3/20/2019
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
These terms of use are entered into by and between you and the Electric Power Board of Chattanooga, an independent board of the City of Chattanooga, Tennessee (referred to in these Terms of Use as “we,” “us,” “our” or “EPB”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the EPB Fi TV app, including any pages, content, fonts, documentation, functionality, software, video, data, and services purchased, received, licensed, subscribed to, or otherwise delivered through the app (collectively, the “App”).
PLEASE READ THESE Terms of Use AND OUR EPB FI TV APP PRIVACY POLICY (“Privacy Policy”) CAREFULLY BEFORE DOWNLOADING, INSTALLING, REGISTERING WITH, ACCESSING, OR USING THE APP. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE Terms of Use AND OUR Privacy Policy, DO NOT DOWNLOAD, INSTALL, REGISTER WITH, ACCESS, OR USE THE APP. BY DOWNLOADING, INSTALLING, REGISTERING WITH, USING, OR ACCESSING THE APP, OR BY CLICKING TO ACCEPT OR AGREE TO THESE Terms of Use WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE THESE Terms of Use AND OUR Privacy Policy, WHICH CAN BE FOUND AT HTTPS://EPB.COM/LEGAL AND IS INCORPORATED HEREIN BY REFERENCE. THIS POLICY MAY CHANGE FROM TIME TO TIME (SEE “MODIFICATIONS AND INTERRUPTION OF SERVICE”). YOUR CONTINUED USE OF THE APP AFTER WE MAKE CHANGES IS DEEMED TO BE ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THE POLICY PERIODICALLY FOR UPDATES.
The App is offered and available only for the personal use of EPB customers who are residents of the United States and are 18 years of age or older and who agree to be bound by these Terms of Use. By accessing or using the App, you represent and warrant that you are of legal age to form a binding contract with EPB and meet all of the foregoing eligibility requirements. Individuals under the age of 18 may utilize the App only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
To use the App, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). The performance of the App may be affected by these factors.
EPB is based in the State of Tennessee in the United States and the App and its Content are intended solely for residents of the United States. EPB makes no representations that the App and its Content are appropriate or available for use in any particular location or may be downloaded outside of the United States. In addition, the App and its Content are not available in all languages or in all countries or regions. Use of or access to the App may not be legal by certain persons or in certain countries. To the extent you choose to use or access the App and the Content, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws and privacy and data collection laws.
By using or accessing the App, you consent to the transmission of your personal information to EPB, including your user name, password, and any other personal information we may collect from you and you acknowledge and accept all liability and responsibility arising from the transmission of such information.
EPB customers may be required to establish an online account (“Online Account”) in order to use the App. By establishing an Online Account, you represent and warrant that you have the right and are authorized to provide the information required to register for the Online Account. It is a condition of your use of the App that all the information you provide when establishing an Online Account is correct, current and complete. You agree that all information you provide to the App when establishing an Online Account or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You are responsible for all activities occurring under your Online Account and for keeping your password and Online Account information confidential. Therefore, you should not disclose the user name, password, or any other confidential information associated with the App or your Online Account to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. If you suspect a breach of security, that someone is accessing or using your Online Account without your permission, or if you need to change your password or Online Account information, please notify EPB immediately by contacting (423) 648- 1EPB (1372). EPB reserves the right to terminate or suspend your Online Account at any time for any reason without notice or explanation, including violation of these Terms of Use.
The collection and use of all information gathered on or through the App is governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. By accessing or using the App, you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Additional or different terms, conditions, and fees may apply in connection with certain pages, content, fonts, documentation, functionality, software, data, or services that are accessible from within the App. By accessing or using such pages, content, fonts, documentation, functionality, software, data, or services, you agree to the applicable terms, conditions, and fees for such pages, content, fonts, documentation, functionality, software, data, or services. Any additional or different terms are incorporated into and made a part of these Terms of Use by reference. In the event of a conflict between any additional or different terms and these Terms of Use, the additional or different terms shall apply with respect to the subject matter to which they apply.
EPB, its licensors, or other third parties own all software, data, services, documentation, and content, including text, video, audio, multimedia, trademarks or service marks, written materials, and technical information appearing in or otherwise a part of or available through the App (collectively, “Content”). The App and all Content contained therein are licensed, not sold, to you by EPB exclusively for your personal and other non-commercial use strictly in accordance with these Terms of Use. The App and all Content contained therein are protected by contract law and various intellectual property laws, including domestic and international copyright, patent, trademark, and other applicable laws, regulations, and international treaties. You must not rent, sell, lease, loan, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content unless expressly permitted by EPB in writing, except that your computer or other device may temporarily store copies of such Content in RAM incidental to your accessing and viewing such Content, and you may store files that are automatically cached by the App for display enhancement purposes. Subject to the restrictions set forth in these Terms of Use, you may use the App to display Content only for your personal and other non-commercial use, and not for further reproduction, publication or distribution, provided you keep intact all copyright and other proprietary notices. If we provide social media features with certain Content, you may take such actions as are enabled by such features. Any unauthorized use of any Content appearing on or otherwise a part of the App may subject you to civil and criminal penalties.
These Terms of Use do not grant you any rights to use the proprietary interfaces and other intellectual property of EPB or its partners, service providers, or licensors in the design, development, manufacture, licensing or distribution of any third party devices, accessories, or software applications for use with the App.
Except as otherwise provided in these Terms of Use, these Terms of Use do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of EPB or the respective intellectual property owners. Modification of any Content in the App is explicitly prohibited. You are also prohibited from utilizing the App in any way that would damage its Content or use by other users. As between EPB and you, EPB has and retains exclusive and valid ownership of the App, the names and marks thereof, and all intellectual property, proprietary rights and documentation therein, and you acknowledge that the foregoing constitutes valuable assets and may constitute trade secrets of EPB. EPB, and its associated logos, and all page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of EPB. All other product names and company logos mentioned in the App or in the Content contained therein are trademarks of their respective owners. In addition to complying with all applicable laws and regulations, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the App without the prior written authorization of EPB or the respective owners of such Content or intellectual property. You agree that you will not remove, alter, or obscure any copyright, legal, or proprietary notices in or on any portions of the App or the Content contained therein.
You understand that by using the App, you may encounter Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the App at your sole risk and that EPB shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
EPB accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), EPB reserves the right to terminate your use of the App or the Content contained therein if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether such alleged infringement is a first-time or repeat occurrence and/or whether the material or activity is ultimately determined to be infringing. If you copy, download, modify, print, save, or otherwise use or provide any other person with access to any part of the App in breach of these Terms of Use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, patent, trademark, and other laws. All rights not expressly granted herein are reserved to EPB and its licensors.
EPB makes a conscientious effort to display and describe the features available in the App and its Content accurately and completely. However, your interaction with the App and its Content depend upon a number of factors, including your device and internet connection. EPB may change, update or remove features at its discretion. Therefore, EPB cannot guarantee your access, availability, or accuracy of any or all features in the App and its Content. You agree that technical information, opinions, recommendations and other information made available to you in the App and its Content are for your convenience only.
The App will periodically check with EPB for updates to the App. If an update is available, the update may automatically download and install onto your device. By using the App, you agree that EPB may download and install automatic updates onto your device. You can turn off automatic updates at any time by changing the automatic updates setting on your device or by contacting us.
EPB uses reasonable efforts to update the information in the App. However, the Content of the App is subject to change without notice. We do not warrant the accuracy, completeness, or usefulness of the Content. Any reliance you place on such Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such Content by you or any other user of the App, or by anyone who may be informed by any of its Content.
You agree to use the App and its Content only for lawful purposes and in accordance with these Terms of Use. Specifically, you agree:
The App may contain links to other websites or resources that our business partners and other third parties own or operate. Your access to and the use of each of those websites or resources is at your own risk and is subject to the terms and conditions, if any, that each of those websites or resources have posted. We have no control over third party websites and we are not responsible for any changes to or content on them. Our inclusion of any Content is not an endorsement of that material or link or the companies that own or operate the material or linked websites.
The App may include Content provided by third parties. All statements and/or opinions expressed in these materials, and all Content other than the Content provided by EPB, are solely the opinions and the responsibility of the person or entity providing such Content. These materials do not necessarily reflect the opinion of EPB. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
These Terms of Use and the license to use the App and its Content are effective until terminated. Your rights under these Terms of Use will terminate automatically or otherwise cease to be effective without notice from EPB if you fail to comply with these Terms of Use. EPB reserves the right to suspend or terminate your use of the App and any Content at any time for any reason. EPB reserves the right to suspend or terminate your Online Account and to delete any corresponding profile(s). EPB reserves the right to change, suspend, or discontinue any aspect of the App and any Content available in or through the App at any time without notice and without liability to you or any third party. We do not guarantee continuous, uninterrupted or secure access to the App or the Content. EPB may also impose limits on the use of or access to certain Content, in any case and without notice or liability. The operation of the App and its Content may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
We may modify these Terms of Use from time to time in our sole discretion. We will provide notice by, at a minimum, updating this posting. You are expected to carefully review these Terms of Use from time to time so you are aware of any changes, as they are binding on you. Your continued use of or access to the App following the posting of any changes to these Terms of Use constitutes your binding acceptance of those changes. If any part of these Terms of Use or any future changes to these Terms of Use are not acceptable to you, you must not use or access the App. EPB may also, in the future, offer new services and/or features through the App. Such new features and/or services shall be subject to the terms and conditions of these Terms of Use.
YOUR USE OF THE APP AND ITS CONTENT IS AT YOUR OWN RISK. THE APP AND ALL CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITH ALL FAULTS. EPB AND ITS PARTNERS, SERVICE PROVIDERS, AND LICENSORS EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER EPB NOR ITS PARTNERS, SERVICE PROVIDERS, LICENSORS, OR ANY PERSON ASSOCIATED THEREWITH MAKES ANY WARRANTY OR REPRESENTATION THAT (A) THERE WILL BE NO INTERFERENCE WITH YOUR USE OF THE APP AND ITS CONTENT; (B) THE APP AND ITS CONTENT WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT, SPECIFICATION, OR EXPECTATION; (C) THE APP AND ITS CONTENT WILL BE ACCURATE OR COMPLETE; (D) THE APP AND ITS CONTENT WILL BE AVAILABLE, SECURE OR ERROR FREE; (E) ANY ERROR OR DEFECTS IN THE APP OR ITS CONTENT WILL BE CORRECTED; (F) THE APP AND ITS CONTENT, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (G) THE APP AND ITS CONTENT ARE LAWFUL, APPROPRIATE, OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EPB OR AN EPB AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APP AND ITS CONTENT. EPB WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE APP AND ITS CONTENT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL EPB, ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP OR ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY/WRONGFUL DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR IF EPB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EPB’S LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00) (THE “LIABILITY CAP”). BY USING OR ACCESSING THE APP AND ITS CONTENT, YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM IN EXCESS OF THE LIABILITY CAP.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You represent and warrant that (i) your use of the App and its Content will be in strict accordance with our Privacy Policy, these Terms of Use, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside), and (ii) your use of the App and its Content will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify, defend and hold harmless EPB and its officers, directors, predecessors, successors, employees and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, any use of the App’s Content, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App or its Content.
If any provision of these terms is held to be unlawful, void, or unenforceable for any reason, then the unlawful, void, or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
You may not use or otherwise export or re-export the App or its Content except as authorized by United States law. In particular, but without limitation, the App and its Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By accessing or using the App and its Content, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App and its Content for any purposes prohibited by United States law.
To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or related to these Terms of Use will be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its choice of laws principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use shall be subject to the exclusive jurisdiction of state or federal courts located in Hamilton County, Tennessee, and you hereby submit to the personal jurisdiction of such courts.
We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide or (ii) by means of an in-App alert. Notices sent by email will be effective when we send the email and notices we provide by in-App alert will be effective the first time you use the App after we post the alert in the App. It is your responsibility to keep your email address current. To give us notice under these Terms of Use, you must contact us using the contact information provided below.
These Terms of Use constitute the entire agreement between you and EPB relating to your use of the App and its Content, and shall supersede any other agreement between you and EPB with respect to the subject matter of these Terms of Use. No change, waiver or discharge hereof will be valid unless made in writing and signed by an authorized representative of the party against which such change, waiver or discharge is sought to be enforced.
Each party shall perform its obligations under these Terms of Use in compliance with all international, federal, state and local laws, regulations and ordinances. These Terms of Use do not create any fiduciary relationships between you and EPB or its partners, service providers, licensors, or other companies that assist with making the App and its Content available. These Terms of Use do not create any relationship of principal and agent, partnership or other similar relationship. Where appropriate in context, the conjunctive shall include the disjunctive, any shall include all, the singular shall include the plural, and vice versa. Section headings provided in these Terms of Use are for convenience only and shall have no legal or contractual effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our partners, service providers, and licensors and their respective agents shall be limited to the greatest extent permitted by law. Except as otherwise provided in these Terms of Use, the terms, provisions, covenants, representations, warranties and indemnities contained in these Terms of Use which by their nature, sense and context survive or are expressly intended to survive the expiration or termination of these Terms of Use will so survive and continue in full force and effect until they are satisfied or by their nature expire, including, without limitation, Sections 6, 7, 13, 15, 18 and 21.
All feedback, comments, requests for technical support and other communications relating to the App and its Content should be directed to EPB at 423-648-1372.