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This Website is for personal use only. Unless otherwise noted, all content on this Website, including text, images, graphics, photographs, video clips, designs, icons, logos, sounds, information, data, and other materials displayed, used, or incorporated by PEC may be copyrights, trademarks, service marks, or other intellectual property or proprietary content owned or licensed by PEC.
Nothing contained on this Website or in these Terms should be construed as granting any license or right to use any of the copyrights, trademarks, service marks, or other intellectual property or proprietary content owned or licensed by PEC.
The following activities are expressly prohibited:
- Using this Website, its contents, or any Associated Services for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any PEC policy, law, or regulation.
- Violating the security of, or attempting to gain unauthorized access to, this Website, its contents, or Associated Services, data, materials, information, computer systems, or networks connected to any server associated with this Website or Associated Services, through hacking, password mining, or any other means.
- Using, or attempting to use, any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, or process to access, acquire, copy, or monitor any portion of this Website, its content, or any or any service accessed or offered through this Website without prior express written consent.
- Interfering, or attempting to interfere, with the proper working of this Website or Associated Services, including accessing any data, content, or other information prior to the time that it is intended to be available to the public.
- Using this Website in a way which, in our sole judgment, jeopardizes the reliability, speed, or operation of this Website or any related computer systems.
- Using any information obtained in connection with this Website or Associated Services to send an unsolicited email or to make other communications for purposes unrelated to the business of PEC or for purposes that are not in good faith.
- Revealing another person’s address, phone number, email address, credit card number, Social Security Number, or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
If you breach these Terms, the permission granted to you to view and use this Website, its contents, and any Associated Services immediately terminates.
Should we provide to you a username and/or password, or if you select a username and/or password (and there may be specific requirements for selecting a username and/or password), that allows you to access/receive certain Associated Services, you will be solely responsible for maintaining the confidentiality of the username, password, and your account information, and are fully responsible for all activities that occur under your username, password, or account. You agree that you will immediately notify us of any unauthorized use of your username, password, or account, or any other breach of security.
You may use this Website or Associated Services to receive, or request to receive, email or electronic text messages, or other communications, from us. By providing your contact information to us by or through this Website or Associated Services, you agree that we may send you communications about us, our services and programs, and your account, as well as notifications, alerts, updates, and specific responses to your inquiries until you affirmatively opt out of receiving such communications.
You can opt out of these text message and/or email communications within the “Notifications” page of your Online SmartHub Account, removing your mobile device number from your SmartHub account, or by contacting us using any of the methods set forth in the “How to Contact Us” section below. We will take commercially reasonable steps to discontinue these communications after receiving notice of your opt-out selection.
It is your responsibility to update your email address and/or mobile device number, to ensure proper delivery of electronic communications to you. Failure to do so promptly could result in the interruption of these communications and could adversely affect PEC’s ability to provide services to you. You can provide an updated email address or other updated electronic contact information to us by changing information in the “My Profile” page if you have an Online SmartHub Account, or by using any of the methods set forth in the “How to Contact Us” section below.
You are responsible for all connection, data, usage, and other fees, charges, and costs incurred by you in connection with sending any communications to us and receiving any communications from us.
We may also give you the opportunity to communicate questions, comments, suggestions, feedback, or other materials (“Submissions”) through this Website or Associated Services. Notwithstanding any of the other Terms, by providing us with a Submission, you expressly agree and consent that we may communicate with you via the means of communications that you used or provided to us in connection with your Submission or other correspondence. By providing us with a Submission, you expressly agree and consent that we: (i) are not required to use or publish any Submission and may decide to do so in our sole discretion; (ii) may publish or display the Submission or any part thereof on this Website, our mobile application, and/or in any of our promotional or informational materials; (iii) may, but shall not be required or have any obligation to, edit the Submission prior to any publication or display thereof; and (iv) may in our sole discretion delete or remove any Submission.
We will provide you with legal disclosures, agreements, instructions, communications, and online account and billing statements related to your PEC account electronically rather than delivering such items via postal mail or in person. If you select the optional Paperless Billing service, you understand that PEC will stop mailing paper account and billing statements concerning your PEC account to your physical, postal address, and will instead send email notifications that your monthly account and billing statement is available to download from your Online SmartHub Account. Late notices may be sent by email, postal mail, or both. Disconnection notices will always be sent by postal mail, although an email may also be sent.
By activating and receiving services that involve the delivery of electronic notifications and disclosures, you agree to these Terms and consent to the electronic delivery of all such notifications and disclosures via email.
If you do not want to receive legal disclosures, agreements, instructions, communications, and online account and billing statements related to your PEC account electronically, you may withdraw your consent by changing your printed bill settings in your Online SmartHub Account or by using any of the methods set forth in the “How to Contact Us” section below. Withdrawing your consent will not affect the legal effectiveness, validity, or enforceability of electronic records that were made available to you by PEC prior to the implementation of your withdrawal of consent for electronic delivery.
To receive electronic delivery of legal disclosures, agreements, instructions, communications, and online account and billing statements related to your PEC account, you must first obtain access to the internet with a current web browser and appropriate and compatible hardware and software. We require that you use a web browser that supports adequate security measures including SSL encryption technology, and any additional security measures that we may implement and require. You understand and acknowledge that obtaining and maintaining the necessary internet access is your responsibility, and you are solely responsible for all Internet Service Provider (“ISP”) fees and costs. You also understand and acknowledge that PEC shall not be responsible for any computer virus or other technology issues associated with your use of the internet, including your access to and use of your Online SmartHub Account.
To retain a copy of electronically delivered legal disclosures, agreements, instructions, communications and online account and billing statements related to your PEC account, your system must have the ability to either download or print portable document format files. You must have a functioning printer that is connected to your personal computer or other access device and that is able to print any electronically delivered legal disclosures, agreements, instructions, communications and online account and billing statements on plain white 8½ x 11-inch paper.
PEC provides several different online transactions, including bill payment options, that are available through your Online SmartHub Account. You are responsible for reviewing all the disclosures associated with each transaction and for activating and deactivating any automatic payment plans in accordance with the disclosures and instructions associated with such payment plan.
By registering for an Online SmartHub Account, you (including anyone you authorize to use your account) agree to comply with these Terms.
By using your Online SmartHub Account, you consent to the electronic transmission of personal financial information and your consent will remain in effect until your use of your Online SmartHub Account is cancelled by you or by us.
When we receive a payment instruction by way of your Online SmartHub Account, you authorize us to debit your bank or credit card account for the amount indicated and apply those funds to your PEC account balance. We will initiate transfers or charges each month on the date your bill is due. Once we have begun processing a payment it cannot be cancelled or edited. The origination of ACH transactions to your checking or savings account must comply with the provisions of U.S. law. We will use our best efforts to make all your payments properly; however, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If, through no fault of ours, your account does not contain sufficient funds to complete the transaction, or the transaction would exceed the credit limit of your credit card account.
- The Online SmartHub Account payment service is not working properly, and you know or have been advised about the malfunction before you execute the transaction.
- You have not provided us with the correct bank account or credit card information, or with adequate bank account or credit card information necessary to complete the transaction.
- Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.
We may discontinue processing of recurring charges if we are unable to secure funds from your debit or credit card or from your bank account. We may, if applicable, undertake collection action, including application of returned check fees to the extent permitted by law. All such fees may be collected electronically. If, for any reason, we are unable to process a payment and you pay your bill after it is due, your PEC account may incur late fees and disconnection as set forth in the Tariff and Business Rules.
You also understand that this authorization to pay your PEC account by recurring charges or debits is entirely optional and is not required to obtain or maintain your PEC account.
Payment transactions you make through your Online SmartHub Account will appear in detail on your regular monthly statements. Statements will be mailed to the current address associated with your PEC account or, if selected by you, be available for download from your Online SmartHub Account, notification of which will be delivered electronically to your email address you have on file with us.
There are transaction limits for payments made through your Online SmartHub Account. Individual credit card transactions may not exceed $999,999,999.99. Individual check payment transactions may not exceed $99,999.99. We reserve the right to change from time to time the dollar amount of payment you are permitted to make using your Online SmartHub Account.
You may cancel your access to your Online SmartHub Account at any time by clicking the “My Profile” tab and the “Manage My Registered Accounts” screen, and clicking the “Unsubscribe” button, or by using any of the methods set forth in the “How to Contact Us” section below. We may terminate or suspend your use of your Online SmartHub Account (or any portion thereof) at any time for any reason. If we do so we will notify you; however, if we find it necessary to terminate or suspend your use of your Online SmartHub Account (or any portion thereof) for security reasons, we suspect suspicious activity or because of your abuse of such services, we will not provide you with written notice in advance. Termination by either party will not affect your obligations under these Terms, even if we allow a transaction to be completed after the termination of these Terms.
Registration in your Online SmartHub Account may include access to products and services through a mobile device (“Mobile Services”), such as compatible smart phones and tablets. Mobile Services may include without limitation, short message service (SMS) text messaging, mobile web transactions, and mobile initiated transactions by means of a downloadable application. By using our Mobile Services, you agree to the following terms and any additional terms and conditions applicable to specific Mobile Services, such as SMS text messaging and the downloadable mobile application.
- You agree that we may send you information relative to Mobile Services through your wireless provider to deliver them to you and that your wireless provider is acting as your agent in this capacity. You represent that you are the owner or authorized user of the mobile device you use to receive the Mobile Services, and that you are authorized to approve the applicable charges.
- You agree to provide a valid phone number, email address, or other delivery location so that we may send you certain information about your applicable account or otherwise related to Mobile Services.
- You understand and agree certain services may not be encrypted and many include confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer, and other electronic fund transactions through the Mobile Services may be delayed or impacted by factor(s) pertaining to your Internet Service Provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery, or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Services.
- Additionally, not all the products, services or functionality described in these Terms may be available through Mobile Services. Therefore, you may not be eligible to use all the products, services, or functionality described when you access or try to access them using a mobile device. Functionality may also vary based on the mobile device you use. Information available via the Mobile Services, including balance due and payment information, may differ from the information that is available directly through the Online SmartHub Account without the use of a mobile device, may be described using different terminology, or may be more current than the information available via the Mobile Services. The method of entering instructions via the Mobile Services may also differ from the method of entering instructions directly through your Online SmartHub Account without the use of a mobile device. Processing of payment instructions may take longer through the Mobile Services. We are not responsible for such differences, whether attributable to your use of the Mobile Services.
- Your wireless service provider’s standard rates apply to internet (data) access and SMS usage. We do not charge for any content; however, downloadable content may incur additional charges from your wireless provider. Your wireless provider may impose data access, message, and/or charge limitations that are outside of our control, for using Mobile Services on your account. All such charges are billed by and payable to your wireless provider. You are responsible for any charges and fees from your wireless provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions of your wireless provider.
- Certain Mobile Services (or portions thereof) may not be available outside of the U.S. If you are using Mobile Services outside of the U.S., you are responsible for having access to the appropriate wireless and/or telecommunications networks and are responsible for all associated fees and charges.
When you access and use third-party websites and social media platforms, you will be legally bound by the terms and conditions of those websites and platforms. If there is a conflict between these Terms and the terms and conditions of third-party websites and/or social media platforms, the third-party websites’ and/or social media platforms’ terms and conditions will govern with respect to your access and use of those websites and platforms.
We may modify these Terms at any time, with or without notice to you. You must review these Terms on a regular basis to keep yourself apprised of any changes. By accessing and/or using this Website, its contents, or any Associated Services after any changes have been made, you agree to comply with, and to be bound by, the modified Terms.
You agree to indemnify, defend, and hold harmless PEC and its respective past and present directors, officers, employees, agents, and representatives (“Indemnified Parties”) from and against any and all claims, actions or demands, including, without limitation, reasonable legal and accounting fees, as a result of or in connection with (i) any actual or alleged use or misuse of this Website or content by you or by any other person using your Online SmartHub Account; (ii) any communication or content uploaded or provided to this Website by you or by any other person using your Online SmartHub Account; or (iii) any breach or threatened breach by you of these Terms. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section; in such case, you agree to cooperate with all reasonable requests for assistance in connection with PEC’s defense of such matter.
You acknowledge and agree that the indemnification obligation set forth in the preceding paragraph shall apply regardless of whether PEC or any other indemnified party is negligent in whole or in part.
We do not warrant that this Website or Associated Services will operate error-free or that this Website, Associated Services, its servers, or the content are free of computer viruses or similar contamination or destructive features.
This Website and Associated Services are provided on an “as is” and “as available” basis. To the fullest extent permissible by law, PEC disclaims all express and implied warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights and fitness for particular purpose.
Other than as required under applicable consumer protection law, in no event shall PEC be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits or damages resulting from lost data or business interruption) resulting from the use or inability to use the website, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if PEC has been advised of the possibility of such damages.
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, PEC’s liability shall be limited to the greatest extent permitted by law.
This Website and Associated Services are primarily controlled, operated, and administered by PEC from Johnson City, Texas, and these Terms shall be governed by U.S. federal law and the laws of the state of Texas without regard to Texas rules regarding conflicts of laws. The exclusive venue and jurisdiction for all disputes arising out of or relating to these Terms shall be the state courts located in Blanco County, Texas, or the U.S. District Court for the Western District of Texas. You waive all objections to venue and personal jurisdiction with respect to such disputes in those courts.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. Failure to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.