EPB Fi TV App Terms of Use 

Last Updated March 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. 

Introduction

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.

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.

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.

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.

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.

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.

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.

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.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Contact Information

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.