SDGE.COM Terms & Conditions

 

Copyright and Trademarks

All Content Copyright @ 2000-2018 San Diego Gas & Electric Company.
All Copyrights and Trademarks Reserved.

Content

All text, information, data, photographs, graphics, html, software, source and object code, video and audio clips, trademarks and logos, and the like (“Content”) appearing on this Web site belongs to San Diego Gas & Electric Company (“Company” or “SDG&E”) or its affiliates, licensors or suppliers, except as otherwise specified on this Web site.  You may use the Content only online, and solely for your personal, internal, noncommercial use.  Any Content downloaded or printed must not remove our copyright, which is: “© [Applicable Date] San Diego Gas & Electric Company. All rights reserved.”  No other use of the Content hereof, including without limitations any republications thereof, is permitted without prior written permission from the Company.  Any User determined to have violated the copyright of a third party by transmitting or posting material in connection with this Web site that infringes upon such party’s copyright or other legal rights will be excluded from this Web site.

All trademarks used on this Web site are owned by the Company, or, in a few cases, used with the permission of their respective owners.  No trademark, including, without limitation, logos and Internet domain names using the trademarks “SDG&E”, “SDGE”, “San Diego Gas & Electric”, or “San Diego Gas & Electric Company” (all whether or not capitalization or spaces are used) may be used or reproduced by any party without the prior written permission of the Company or the trademark owner.

Other than the non-exclusive right of use by Users as specified herein, no rights to such content or portions thereof, regardless of the form in which it appears, are conveyed by its posting on this Web site or by the accessing thereof by any User.

The Company reserves the right to revise, supplement or discontinue all or portions of the Content or the Web site from time to time.  Additionally, the Company reserves the right to change the Terms and Conditions at any time, effective immediately upon posting on this Web site.   “Users” mean any individuals or entities using, accessing, or obtaining or providing information from or to, this Web site.

Claims of Infringement on Web site

In the event that any visitor believes that its copyrights or trademarks are infringed by materials posted or stored on this Web site, they should complete the linked “Notice of Infringement” and email it to our Webmaster: [email protected] with a confirming copy mailed to:

San Diego Gas & Electric Company
Office of the General Counsel
Notice of Infringement
8330 Century Park Ct.
San Diego, CA 92123-1530

Such Notice must provide the information required under the relevant provision of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (c)(3)(A) (or any successor thereto).  As provided in that Act, any notification claiming infringement that fails to comply substantially with the provisions above shall not be considered as providing “actual knowledge” or an “awareness of facts or circumstances from which infringing activity is apparent.”  Please provide a separate Notice each time you wish to report alleged acts of infringement.

Company has adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of Users who are repeat infringers or who are repeatedly charged of infringement.

Usage

By using or accessing this Web site (eks.xsdvoip.com), or by using, ordering, or purchasing any of the products or services offered on this Web site, Users will be deemed to have read and accepted these Terms and Conditions, even if they are not accessing an area of the Web site which requires confirmation thereof, and agreed to be legally bound by these Terms and Conditions (including our Privacy Policy).

Users must discontinue use of this Web site immediately if they do not agree or accept all these Terms and Conditions. The Company retains the right to remove or bar any User from using this Web site at its sole discretion.

User Accounts

Company may, in its sole discretion, provide access to Users to restricted portions this Web site, including, without limitation, one or more User accounts where specific customer information and services may be provided and/or obtained.

Customers accessing such locations may be subject to additional terms and conditions as specified in connection with the services provided. Users with service accounts are exclusively responsible for preserving the confidentiality of any logon information, User account information, and any actions or inactions in connection with such account.

Scheduling Appliance Service Requests

You may place an online request to have an SDG&E service technician visit your home or business to check, or in some circumstances, repair, your gas appliance(s). Emergency requests cannot be taken online. During the day, an adult (18 years or older) should be on the premises for any scheduled visit, but you may make advance alternate arrangements to have the service technician access the appliance(s). After dark an adult must be at the premises, or the service technician will not enter. SDG&E assumes no liability in accessing your home or business, even if a key is left to provide access.

Content Submission

If a User submits any digital images or other content including all photographs, illustrations, graphics and text (collectively, “Materials”) to Company through the Web site, then the following terms will also apply:

  • User may only submit Materials to Company through the Web site for which User holds all intellectual property rights. In other words, if a User submits a digital image to Company, the User must own all rights to such image or the User must have the authorization of the person who does own those rights. Minors may not submit Materials to Company through the Web site. Further, a User may not submit any personally identifiable information about any child under the age of 13.

  • User hereby grants to Company a worldwide, nonexclusive, royalty-free, perpetual right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Materials, in whole or in part, in any manner and media of conveying information, whether now known or hereafter devised (“Media”), (b) modify, adapt, translate and create derivative works from the Materials, in whole or in part, in any manner and Media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.

  • User hereby grants to Company and its sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. User grants to Company and its sublicensees the right to use the name that User submits in connection with the Materials.

Limitation of Liability

Company, and its parent companies and affiliates, along with their respective officers, directors, personnel, employees, or representatives, are not liable or responsible for, and User hereby waives any claims, demands, liabilities, causes of action, lawsuits, damages and costs, including, without limitation, direct, indirect, accidental, incidental, consequential, circumstantial, extraordinary, special or punitive damages of any kind with respect to this Web site (including our products, services, and Content), even if Company, its parent or its affiliates have been advised of the possibility of such damages. Users’ only recourse for such claims, demands, liabilities, causes of action, lawsuits, damages or costs is to terminate the use of this Web site.

Privacy

Our privacy policy pertaining to any information obtained by Company from this Web site can be found in the Privacy section of the Web site. Additional privacy rules may apply as stated in portions of this Web site restricted for specific User services.

No Endorsement

Company does not recommend, endorse or support any third party businesses, services, or products, except as expressly stated by Company on this Web site. If this Web site provides information about third parties or provides third party content, including links to third party Web sites, Company shall not be responsible or liable for any harm or damage related to any third party information, even if it contains mistakes or errors. Likewise, Company shall not be responsible or liable for any third party services or products.  Please also see the discussion of Links in our Privacy Policy, including its disclaimer of responsibility for any third party content.

Disclaimer of Warranty

Company and its content providers make no representation about the functionality and usability of the content on this Web site.  Your use and browsing of this Web site is at your sole risk. All information contained in this Web site is provided "as is" and "as available", with no assurances or warranties, either expressed or implied. You should not assume that the information on this Web site is constantly updated or otherwise includes recent information.

This Web site may be inoperable, interrupted, or malfunction from time to time.  Company has no responsibility for such inoperability, interruption, or malfunction.  Users are warned that information herein may contain technical errors, inaccuracies, bugs, unknown viruses, and omissions. User assumes all risk related to the usage of this Web site, and hereby disclaims all warranties by the Company relating to User's Web site usage.

Notwithstanding any other provision of these Terms and Conditions, Company disclaims all representations, guarantees, warranties, express or implied, of any kind with respect to this Web site (including our products, services, and site content) including but not limited to, the warranties of merchantability and fitness for a particular purpose, title, non-infringement of third party rights, and accuracy. No oral or written information or advice given by us or our authorized representatives shall create a warranty or in any way increase the scope of our obligations under these Terms and Conditions.

Indemnity

Users will indemnify and hold harmless the Company, along with its parent and affiliates, and their respective officers, directors, personnel, employees, or representatives from any claim, demand, liability, cause of action, lawsuit, damages or costs (including reasonable attorneys' fees and disbursements) arising in connection with their use of the Web site (including our products, services, and Content), including, but not limited to incorrect Web site information, content, or delivery, or Company or third party products and services.

Location-Enabled Features

Certain location-enabled functionality (e.g., locating the nearest Company payment office or nearest CNG station) made available in the Web site is provided by third party providers. Users use of that functionality is subject to such third party’s terms and conditions (as updated from time to time). Users must exercise their own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.

Dispute Resolution

Agreement to Arbitrate Disputes

BY USING, ACCESSING, DOWNLOADING, INSTALLING, OBTAINING OR PROVIDING INFORMATION FROM OR TO THIS WEB SITE, USERS EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN USERS AND COMPANY ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE WEB SITE, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED BY THE PROCEDURES SET FORTH HEREIN. ANY PARTY MAY FILE A CLAIM AGAINST THE COMPANY BY CLICKING HERE. IN THE EVENT THAT THE CLAIM CANNOT BE RESOLVED INFORMALLY, USER HEREBY AGREES TO RESOLVE ALL DISPUTES THROUGH CONFIDENTIAL BINDING ARBITRATION, SAVE FOR THE ONE EXCEPTION SET FORTH BELOW. ALL DISPUTES SHALL BE RESOLVED BY ONE ARBITRATOR, WHO WILL BE A NEUTRAL ARBITRATOR AGREED UPON BY BOTH PARTIES TO THE DISPUTES. IN THE EVENT THAT THE PARTIES CANNOT AGREE ON A NEUTRAL ARBITRATOR AFTER SIXTY (60) DAYS, JAMS SHALL SELECT THE NEUTRAL ARBITRATOR FOR THE DISPUTES. THE COMPANY SHALL BEAR THE COSTS OF THE MUTUALLY SELECTED ARBITRATOR FOR ALL NON FRIVOLOUS CLAIMS. THE ARBITRATION WILL BE GOVERNED BY JAMS’ COMPREHENSIVE ARBITRATION RULES AND PROCEDURES LOCATED AT WWW.JAMSADR.COM. USERS SPECIFICALLY AGREE THAT THEY ARE BOUND TO RESOLVE ANY AND ALL DISPUTES IN ARBITRATION, INCLUDING BUT NOT LIMITED TO THE ABILITY TO ENFORCE THIS ARBITRATION AGREEMENT, EXCEPT SHOULD THEY CHOOSE TO PROCEED IN SMALL CLAIMS COURT AS SET FORTH BELOW. Each party agrees to pay its own attorneys’ fees and expenses. User and Company further agree that for any claim of damages of less than $10,000, the arbitration may be conducted at plaintiff’s discretion solely based on written submissions. User and Company further agree that for any dispute that is less than $10,000 a utility customer can choose to file that claim in Small Claims Court in the county in which that utility customer is billed, or for all others in Small Claims Court in San Diego, California. If the dispute is brought by any utility customer of Company, the arbitration shall be conducted in the county where that customer is billed. If the Dispute is brought by any other party, the arbitration shall be conducted in San Diego, California. The arbitrator has the power to award injunctive relief, but does not have the power to award punitive damages. The dispute shall be governed by California law, without regard to conflict of law provisions.

Waiver of Class Arbitration

 To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis in each party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator does not have the power to consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Users expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. By using, accessing, downloading, installing, obtaining or providing information from or to, this Web site, Users acknowledge that they are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute.

Enforcement of Arbitration Award

The arbitrator’s award shall be final and binding on all parties subject to these Terms and Conditions, and may be entered as a judgment in any court of competent jurisdiction.

Applicable Law

These Terms and Conditions may only be interpreted and enforced under the laws of the State of California, without reference to its principles on conflicts of laws. In the event of any dispute, User and Company consent to the exclusive venue and jurisdiction of the State and Federal Courts located in San Diego County, California and the Southern District of California, and waive any right to contest such venue, jurisdiction or the inconvenience of such forum.

Severability

If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by the law.

Prevailing Language

 To the extent there is any inconsistency, ambiguity, or conflict between the English version of these Terms and Conditions and those translated into another language, the English version shall prevail.

Questions and Feedback

Users having any questions or issues on the Terms and Conditions for this Web site, please contact the Webmaster for this Web site at the following e-mail: [email protected]

Users may also write the Webmaster:

San Diego Gas & Electric Company
Webmaster - SDG&E Internet Web Site
8306 Century Park Court, CP41F
San Diego, California 92123-1530

Last Updated: October 14, 2011