1. Description of Service
PACE Services, Inc. is providing User with information regarding our Commercial, Industrial and Residential Electric services. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees related with such connection.
2. Disclaimer of Warranties
The site is provided by PACE Services, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, PACE Services, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. PACE Services, Inc. shall have no liability for any interruptions in the use of this Website. PACE Services, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
PACE Services, INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR PACE Services, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF PACE Services, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
User agrees to indemnify and hold PACE Services, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, the violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
PACE Services, Inc. reserves the right to modify or discontinue the Service with or without notice to the User. PACE Services, Inc. shall not be liable to User or any third party should PACE Services, Inc. exercise its right to modify or discontinue the Service. User acknowledges and accepts that PACE Services, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
PACE Services, Inc. makes no warranties or representations whatsoever with regard to any product or service provided or offered by any company, and you acknowledge that any reliance on representations and warranties provided by any company shall be at your own risk.
7. Governing Jurisdiction of the Courts, Delaware
8. Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2010 www.pacede.com, with all rights reserved, or is the property of PACE Services, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of PACE Services, Inc. is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of PACE Services, Inc..
All trademarks displayed on PACE Services’ website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those companies. In addition, such use of trademarks or links to the web sites of companies is not intended to imply, directly or indirectly, that those companies endorse or have any affiliation with PACE Services, Inc..
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, PACE Services, Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Hi5s, Inc., 10 Celtic St., Bear, DE 19701
By Telephone: 877-483-1040 Option #4
By Email: [email protected]
11. Other Terms