Mobile Terms & Conditions

 

Copyright And Trademarks

All Content Copyright @ 2000-2012 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 in this mobile optimized web site, mobile service, or mobile application (collectively, “Mobile Application”) belong to San Diego Gas & Electric Company (“Company” or “SDG&E”) or its affiliates, licensors or suppliers, except as otherwise specified in this Mobile Application. Users (as defined herein) may use the Content only on a mobile device (e.g., Apple iPhone or iPad, Android Device, or Microsoft Windows Mobile Device) that they own or control, and solely for their 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 Mobile Application that infringes upon such party’s copyright or other legal rights will be excluded from this Mobile Application.

All trademarks used on this Mobile Application 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, non-sublicensable, non-transferable, personal, and limited 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 display on this Mobile Application or by the accessing thereof by any User.  A User may not: (a) separate any individual Content or component of the Mobile Application for use other than in connection with the Mobile Application; (b) incorporate any portion of it into any User’s own programs or compile any portion of it in combination with any User’s own programs; (c) transfer it for use with another service; or (d) sell, rent, lease, lend, loan, distribute, publicly communicate, transform, or sub-license the Mobile Application or otherwise assign any rights to the Mobile Application in whole or in part. Company will be responsible for any Mobile Application maintenance or support; no Third Party (as defined herein) will be responsible for providing maintenance or support services for the Mobile Application.

The Company reserves the right to revise, supplement or discontinue all or portions of the Mobile Application from time to time. Additionally, the Company reserves the right to change the Terms and Conditions at any time, effective immediately upon updating this Mobile Application. “User” and “Users” mean any individuals or entities using, accessing, downloading, installing, obtaining, or providing information from or to, this Mobile Application.  All references to the plural herein shall also mean the singular and to the singular shall also mean the plural unless the context otherwise requires.

Claims of Infringement on Mobile Application

In the event that any visitor believes that its copyrights or trademarks are infringed by materials posted or stored on this Mobile Application, 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.

Usage

By using, accessing, downloading, installing, obtaining, or providing information from or to this Mobile Application, Users will be deemed to have read and accepted these Terms and Conditions and agreed to be legally bound by these Terms and Conditions (including our Privacy Policy ) which is incorporated herein by this reference.  Use of this Mobile Application is also subject to the SDG&E.com Terms and Conditions, and (if applicable) the My Energy Center Terms and Conditions.  Please be aware that all references to the “web site” in our Privacy Policy are deemed to also apply to this Mobile Application, both when used in conjunction with, or independently from, Company’s website at eks.xsdvoip.com.

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

User Accounts

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

Users 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 log on information, User account information, and any actions or inactions in connection with such account.

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 Mobile Application, then the following terms will also apply:

• User may only submit Materials to Company through the Mobile Application 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 Mobile Application. 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.

Third Parties

Users’ wireless carriers, the manufacturers and retailers of the mobile devices on which Users are downloading, installing, using or accessing the Mobile Application, the developer of the operating system for Users’ mobile devices, and the operator of any application store or similar service through which Users obtain the Mobile Application, if any, (collectively, the “Third Parties”) are not parties to these Terms and Conditions and they do not own and are not responsible for the Mobile Application. The Third Parties are not providing any warranty for the Mobile Application. They are not responsible for maintenance or other support services for it and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Mobile Application.

Users acknowledge and agree that the Third Parties and their subsidiaries are third party beneficiaries of these Terms and Conditions and that they have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against Users as a third party beneficiary thereof.

The Mobile Application was built for the most current, generally available version of a User’s mobile device's operation system and compatibility issues may be encountered when using older versions. Wireless network coverage and Wi-Fi network speed varies by provider and geographic location. Company is not responsible for limitations and/or failures in performance associated with any wireless or Wi-Fi service used to access this Mobile Application or for the security of any wireless or Wi-Fi service.  Further, Company is not responsible for data network usage charges or fees, which are the sole responsibility of User.

Mobile Application Updates

Company may require Users to update their version of the Mobile Application at any time. While every effort will be made to retain Users’ personal settings and preferences, there is still the possibility that they may be lost.

Wireless Coverage Problems and Disabled Features

It is possible that a wireless connection can be interrupted, or that a feature can be disabled, when attempting to conduct transactions on the Mobile Application. Should this happen, Users should review their transaction status to verify the status of the attempted transaction when they return to an area with wireless coverage or have access to a computer.   Users may also contact a customer service representative at the telephone number provided in the “Contact Information” section of the Mobile Application.

U.S. Government End Users

Any software that is part of the Mobile Application and is available for download or use is a “Commercial Item” as that term is defined 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as the terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with these provisions, such software is licensed to U.S. Government end users (a) only as a Commercial Item, and (b) with only those rights as are granted to all other end users pursuant to these Terms of Conditions. Unpublished-rights are reserved under U.S. copyright laws.

Limitation of Liability

The Third Parties, Company, and its parent companies and affiliates, along with their respective officers, directors, personnel, employees, and representatives, (collectively, “Released Parties”) 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 Mobile Application (including released parties’ products, services, and Content), even if Released Parties 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 Mobile Application.

Privacy

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

Use of this Mobile Application involves the electronic transmission of information across the networks of your wireless service provider. Because the Company does not operate or control the wireless networks used to access the Mobile Application, the Company is not responsible for the privacy or security of wireless data transmissions.  Users should use only reputable service providers and check with their wireless service provider for information about its privacy and security practices.

No Endorsement

Company does not recommend, endorse or support any third party businesses, services, or products, except for express statements of recommendation or endorsement made by Company, if any, on this Mobile Application. If this Mobile Application 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

The Released Parties make no representation about the functionality and usability of the content on this Mobile Application. A User’s use and browsing of this Mobile Application is at such User’s sole risk. All information contained in this Mobile Application is provided “as is” and “as available”, with no assurances or warranties, either expressed or implied. Users should not assume that the information in this Mobile Application is constantly updated or otherwise includes recent information.

This Mobile Application may be inoperable, interrupted, or malfunction from time to time. The Released Parties have 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 Mobile Application, and ACKNOWLEDGES that company disclaims all warranties relating to User's Mobile Application usage.

Notwithstanding any other provision of these Terms and Conditions, the Released Parties disclaim all representations, guarantees, warranties, express or implied, of any kind with respect to this Mobile Application (including our products, services, and site content) including but not limited to, the warranties of merchantability and fitness for a particular purpose, quiet enjoyment, 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 Released Parties 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 Mobile Application (including our products, services, and Content), including, but not limited to incorrect Mobile Application information, content, or delivery, or Company or third party products and services.  Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Users, but doing so will not excuse Users indemnity obligations.

Export Restrictions

This Mobile Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iran, North Korea, Sudan, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user or entity specified by US Export Laws.

Location-Enabled Features

Certain location-enabled functionality (e.g., locating the nearest Company payment office or nearest CNG station) made available in the Mobile Application 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 Mobile Application, 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 Mobile Application, 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 downloading our claims form.  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 Mobile Application, 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.

Severability

If any provision of these 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.

Additional Android Operating System Device Terms

This Section applies to Users only if such Users use the Mobile Application on an Android Operating System device (e.g., Android Phone, Android Tablet) (any such device, an “Android Device”). Company is solely responsible for the Mobile Application on your Android Operating System Device, and Users may use the Mobile Application on their Android Operating System Device only as permitted by these Terms of Conditions and the “Usage Rules” set forth in the Google Play Terms of Service (http://play.google.com/intl/en_us/about/play-terms.html).  As between Company and Google Inc., to the extent that: (a) Company is required to address any claims related to User’s or a third party's use or possession of the Mobile Application on User’s Android Operating System Device, Company will be responsible for addressing, investigating, or defending the claim; and (b) Company has not effectively disclaimed any warranties relating to the Mobile Application on User’s Android Operating System Device, Company will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Mobile Application fails to conform to any warranty. If the Mobile Application on User’s Android Operating System Device fails to conform to any applicable warranty, User may notify Google Inc. for a refund of the purchase price of the Mobile Application on User’s Android Operating System Device, if any. Google Inc. will not have any other warranty obligations whatsoever with respect to the Mobile Application on User’s Android Operating System Device. Google Inc. and its subsidiaries are third party beneficiaries to these Terms and Conditions and Google Inc. and its subsidiaries may enforce these Terms and Conditions against Users as a third party beneficiary of these Terms of Conditions.

Additional Apple Device Terms

This Section applies to Users only if such Users use the Mobile Application on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”). Company is solely responsible for the Mobile Application on your Apple Device, and Users may use the Mobile Application on their Apple Device only as permitted by these Terms of Conditions and the “Usage Rules” set forth in the Application Store Terms and Conditions.  As between Company and Apple Inc., to the extent that: (a) Company is required to address any claims related to User’s or a third party's use or possession of the Mobile Application on User’s Apple Device, Company will be responsible for addressing, investigating, or defending the claim; and (b) Company has not effectively disclaimed any warranties relating to the Mobile Application on User’s Apple Device, Company will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Mobile Application fails to conform to any warranty. If the Mobile Application on User’s Apple Device fails to conform to any applicable warranty, User may notify Apple Inc. for a refund of the purchase price of the Mobile Application on User’s Apple Device, if any. Apple Inc. will not have any other warranty obligations whatsoever with respect to the Mobile Application on User’s Apple Device. Apple Inc. and its subsidiaries are third party beneficiaries to these Terms and Conditions and Apple Inc. and its subsidiaries may enforce these Terms and Conditions against Users as a third party beneficiary of these Terms of Conditions.

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 Mobile Application, please contact the Webmaster for xsdvoip.com 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: September 26, 2012