Terms and Conditions
Copyright And Trademarks
All Content Copyright @ 2000-2012 Sempra Energy.
All Copyrights and Trademarks Reserved.
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 web site and mobile optimized web site (collectively “Web site”) belong to Sempra Energy (“Company” or “Sempra”) or its affiliates, licensors or suppliers, except as otherwise specified in this Web site. Users (as defined herein) may use the Content solely for their personal, internal, noncommercial use. Any Content downloaded or printed must not remove our copyright, which is: “© [Applicable Date] Sempra Energy. 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 “Sempra” or “Sempra Energy” (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 Web site or by the accessing thereof by any User. A User may not: (a) separate any individual Content or component of the Web site for use other than in connection with the Web site; (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 Web site or otherwise assign any rights to the Web site in whole or in part.
The Company reserves the right to revise, supplement or discontinue all or portions of 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 updating this Web site. “User” and “Users” mean any individuals or entities using, accessing, downloading, obtaining or providing information from or to, this Web site. 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 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: Webmail@sempra.com, with a confirming copy mailed to:
Office of the General Counsel
Notice of Infringement
101 Ash St.
San Diego, CA 92101-3017
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.
Users must discontinue use of this Web site 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 Web site at its sole discretion.
Company may, in its sole discretion, provide access to Users to restricted portions of this Web site, 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.
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 SUBSIDIARY 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 WEB SITE (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 WEB SITE.
Disclaimer of Warranty
THE RELEASED PARTIES MAKE NO REPRESENTATION ABOUT THE FUNCTIONALITY AND USABILITY OF THE CONTENT ON THIS WEB SITE. A USER’S USE AND BROWSING OF THIS WEB SITE IS AT SUCH USER’S 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. USERS SHOULD NOT ASSUME THAT THE INFORMATION IN THIS WEB SITE IS CONSTANTLY UPDATED OR OTHERWISE INCLUDES RECENT INFORMATION.
THIS WEB SITE 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 WEB SITE, AND ACKNOWLEDGES THAT THE RELEASED PARTIES DISCLAIM ALL WARRANTIES RELATING TO USER'S WEB SITE 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 WEB SITE (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.
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 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. 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.
Certain location-enabled functionality (e.g., locating the 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.
Agreement to Arbitrate Disputes
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.
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.
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: Webmail@sempra.com
Users may also write the Webmaster:
Webmaster - Sempra Internet Web Site
101 Ash St.
San Diego, California 92101-3017
Last Updated: March , 2012