Municipal Portal Disclaimers
Important Note on Privacy
Central Hudson Gas & Electric Corporation (“Central Hudson”) is concerned about your personal information and other confidential information that may be collected as part of this municipal portal. As a result of that concern Central Hudson collects only the information that it requires to provide you with relevant information during emergencies, such as storms, and for other required communications such as distribution of our electric and gas emergency plans. This information includes may include, but is not limited to: (1) name, address, contact information of emergency responders and customers; (2) pictures of active work locations; and (3) critical infrastructure condition and data. Central Hudson does not collect information regarding age, ethnicity or income because it is not necessary for the provision of utility service or distribution through this municipal portal. Central Hudson reserves its right to amend the information that it collects at any time. On occasion, Central Hudson must use vendors to help provide you service and may share your information with that vendor(s). Central Hudson requires its vendors to protect your confidential information just as does Central Hudson. As a participant in this program you consent to Central Hudson’s disclosure of your confidential information in accordance with Central Hudson’s Privacy Policy and agree that you will maintain the confidentiality of protected material.
Municipal Portal Disclaimer
INTRODUCTION
Welcome to the Municipal Portal on the Central Hudson website (“Site”). Access to the Municipal Portal provides you with the opportunity to obtain from, and provide to, Central Hudson information to assist you and Central Hudson to manage emergency conditions and non-emergency interactions with Central Hudson. Please read the following terms and conditions of use (“Terms”) carefully as they contain the legal terms and conditions that you agree to when you access the Municipal Portal and use the services provided to you in connection with the Site (collectively, the “Services”). After you have reviewed these Terms please mark “Accept” or “Don’t Accept” next to the designated box. If you mark “Don’t Accept” you will not be able to access the Municipal Portal.
For the purposes of these Terms, “you” means you, the person using the Site, and, if applicable, the person that agrees to the Terms when registering to access the Municipal Portal. You and any persons that you authorize to use your account may be referred to in these Terms as the “User”.
BY ACCESSING OR USING ANY OF THE SERVICES YOU AGREE TO BE BOUND BY THESE TERMS, WHICH CONTAIN PROVISIONS APPLICABLE TO ALL USERS OF THE SERVICES. IF YOU CHOOSE TO REGISTER FOR AND CREATE AN ACCOUNT ON THE SITE, YOU MUST READ AND AGREE TO BE BOUND BY THE TERMS. YOU ALSO ACKNOWLEDGE THAT YOUR USE OF THE SERVICES SERVES AS YOUR AGREEMENT TO THESE TERMS.
In the case of inconsistencies between these Terms and information included by Central Hudson in off-line materials, e.g., promotional materials and mailers, these Terms govern and take precedence.
SECTION A. GENERALLY APPLICABLE TERMS
1. Availability. Central Hudson uses reasonable efforts to ensure that the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to the failure of telecommunications links and equipment that are beyond Central Hudson’s control. Central Hudson will use reasonable efforts to minimize such disruption where it is within Central Hudson’s reasonable control. You agree that Central Hudson shall not be liable to you for any modification, suspension or discontinuance of the Services. You understand and agree that the Services are provided “AS-IS” without any warranty of any kind. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Services.
2. Trademarks. All brand, product and service names used in the Services that identify Central Hudson or our Services are proprietary marks of Central Hudson. All brand, product and service names used in the Services that identify third parties and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of Central Hudson or any third party with respect to any such image, logo or name.
3. Copyright. Unless otherwise stated in these Terms, Central Hudson is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.
4. External Links. From time to time Central Hudson may provide links that will take you to third party websites. These links are provided for your convenience only. If you decide to access any linked website you do so at your own risk. Central Hudson does not endorse or take responsibility for the content on other websites or the availability of other websites. You agree that Central Hudson is not liable for any loss or damage that you may suffer by using other websites.
5. Amendment of Terms. Central Hudson reserves the right to amend these Terms agreed to by you from time to time without notice. Your continued use of the Sites constitutes acceptance of any amendments, additions, or modifications to these Terms.
6. Contact. Central Hudson is located in Poughkeepsie, New York in the United States of America (“USA”). Any questions, comments or suggestions, including any reported violation of these Terms should be provided to the Administrator as follows:
By E-mail:
_____@cenhud.com
By Postal Mail:
Energy Transformation & Solutions
284 South Avenue
Poughkeepsie, New York 12601
SECTION B. TERMS APPLICABLE TO MUNICIPAL PORTAL USERS
1. The Service. Central Hudson provides the Service to enable Municipal Portal Users to access Central Hudson emergency management information and other information to governmental entities interact efficiently with Central Hudson. Some Services may be available directly on the Site from Central Hudson (“Central Hudson Service”). Some Services may be available through a third party with whom Central Hudson has partnered ("Merchant"). These Services are referred to as ("Merchant Services").
2. Registration. In consideration of your use of the Services and or Merchant Services, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the “Municipal Data”) and (b) maintain and promptly update the Municipal Data to keep it true, accurate, current and complete. Municipal Data includes but is not limited to (1) name, address, contact information of emergency responders and customers; (2) pictures of active work locations; and (3) critical infrastructure condition and data. Central Hudson does not collect information regarding age, ethnicity or income because it is not necessary for the provision of Services. Central Hudson reserves its right to amend the information that it provides and collects at any time. If you provide any information that is untrue, inaccurate, not current or incomplete, or Central Hudson has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Central Hudson has the right to suspend or terminate your access to the Municipal Portal and refuse any and all current or future use of the Service (or any portion thereof). To register as a User of the Service you must be affiliated with a governmental entity (federal, state or local) and be 18 years or over. Please remember that this Service is designed to enhance communications with governmental entities to improve the provision of critical governmental and utility Services.
3. Merchant Services and Products. Some of the Services and Products available within the Municipal Portal are available through Merchants and may be provided directly through the Merchant’s website. Regardless of whether the Services are available through the Municipal Portal website or the Merchant’s website the Merchant is solely responsible for the terms and conditions associated with the provision of Services by the Merchant.
4. Data Collection and Usage. Central Hudson maintains Confidential Data. Confidential Data means data that is protected pursuant to Section 87 of the Public Officers law, which includes but is not limited to trade secret, confidential commercial information, customer data, personally identifiable information and critical infrastructure data and any other information designated by Central Hudson in its sole discretion as confidential. Unless otherwise specified by Central Hudson all information available through the Municipal Portal is Confidential Information. Central Hudson takes reasonable precautions to ensure that Confidential Data is, and remains, confidential. Those precautions include reasonable cyber security measures, requiring counterparties to sign a non-disclosure agreement before they receive Confidential Data, and seeking confidential status for Confidential Data prior to providing Confidential Data to the government. As a matter of policy Central Hudson does provide Confidential Data to vendors providing services for Central Hudson but does not provide Customer Data to vendors selling Services or Products to customers unless the vendor receives the customer’s authorization. Merchants on the Site may receive Confidential Data, including customer data because they provide services to Central Hudson and may also provide Services to you. The Merchant is solely responsible for providing you with the terms and conditions associated with their collection and use of Merchant Data. Central Hudson has no responsibility or liability associated with the collection and use of Merchant Data.
5. Amendment of Terms. You agree that Central Hudson retains the right to amend these Terms, the Site, and the Municipal Portal including Service offerings at any time, for any reason, and without notice, and the right to terminate the Terms, the Site, and the Municipal Portal or any part thereof. You agree to review the posting of these Terms on this page periodically to be aware of such changes. Your continued use of Terms, the Site, and the Municipal Portal constitutes acceptance of any amendments, additions, or modifications to these Terms. Any amendments or modifications made by Central Hudson shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof. If you continue to use the Service once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes. Merchants may require you to agree with terms and conditions (“Merchant Terms”) prior to accessing the Services that they offer. Central Hudson is not responsible or liable for the Merchant Terms. Merchants are solely responsible for the Merchant Terms and the Services they may offer and provide.
6. Site License. Central Hudson grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Municipal Portal and Services. This license is exclusive to you and you may not sublicense the use of the Municipal Portal or the Services. Central Hudson expressly retains all ownership rights, title and interest in and to all aspects of any software, Services and the Site, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Municipal Portal and the Services only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Municipal Portal or the Services after any termination or expiration of your agreement to these Terms for any reason.
7. Password. You will create a password and account designation upon completing the Municipal Portal's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Central Hudson of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Central Hudson cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Each Merchant may also require you to complete a registration process, including a password and account designation. Each Merchant is solely responsible and liable for the requirements associated with a registration process they mandate. Central Hudson has no responsibility or liability associated with Merchant registration.
8. Copyright in Your Content. Central Hudson does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content (“Content”) you make available or use in connection with the Municipal Portal or the Services or use in connection with your account (“Content”). By submitting your Content and accepting the use of the Site, the Municipal Portal and access to the Services therein as consideration to you set forth in these Terms, you provide consideration to Central Hudson by unconditionally granting to Central Hudson a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of your intellectual property rights in the Content, to (a) reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered and (b) exercise any and all other present or future rights in the Content. You remain the owner of all Content that you submit to the Service and as a condition to your use of the Site, the Municipal Portal and the Services, you represent and warrant to Central Hudson that you are the owner of the copyright to the Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. In addition, you warrant that all moral rights in any Content have been waived. You agree to indemnify and hold Central Hudson harmless for any violation of this provision.
9. Submissions.
9.1 You may place Content on the Municipal Portal Site only in accordance with the following limitations. You may NOT store any of the following material on the Municipal Portal Site or obtain any such material using the Municipal Portal Site:
(a) Any threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law;
(b) Any material that could infringe rights of privacy, publicity or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material; or
(c) Any material sent from an anonymous or false address.
9.2 While Central Hudson does not and cannot review all material on the Municipal Portal Site and is not responsible for its content, Central Hudson reserves the right to remove, delete, move, or edit Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. Central Hudson will not be liable for the Content of any submission. You agree to indemnify and hold Central Hudson harmless for any violation of this provision.
11. Monitoring of Content. You acknowledge, consent and agree that Central Hudson may access, preserve, and disclose your information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for Service; or (e) protect the rights, property, or personal safety of Central Hudson, its users and the public. If disclosure is required Central Hudson will us reasonable efforts to seek confidential status for the disclosed material.
12. Suspension or Termination of Access. Central Hudson reserves the right to suspend or terminate your use of the Municipal Portal at any time, without notice, for any reason, including but not limited to the following:
Further, you agree that Central Hudson shall not be liable to you or any third party for any termination of your access to the Municipal Portal. Central Hudson reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Central Hudson shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
13. Disclaimer of Warranty. THE SERVICES AVAILABLE THROUGH THE MUNICIPAL PORTAL SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, CENTRAL HUDSON MAKES NO WARRANTY THAT THE MUNICIPAL PORTAL SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE MUNICIPAL PORTAL SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE MUNICIPAL PORTAL SITE, INCLUDING THE SERVICES, WILL BE AVAILABLE OR THAT DATA IS SECURE FROM UNAUTHORIZED ACCESS. CENTRAL HUDSON MAKES NO WARRANTY REGARDING ANY SERVICES ACCESSED OR OBTAINED FROM THIRD PARTIES THROUGH THE MUNICIPAL PORTAL. NO ADVICE OR INFORMATION GIVEN BY CENTRAL HUDSON, ITS EMPLOYEES OR AFFILIATES SHALL CREATE A WARRANTY.
SECTION C. TERMS APPLICABLE TO REGISTERED AND UNREGISTERED USERS OF MY ACCOUNT OR CENHUB
1. Rules of Conduct
1.1 The following Rules of Conduct apply to the Municipal Portal Site. By using any of the portion of the Municipal Portal Site you agree that you will not:
(a) Infringe or violate any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information or Confidential Information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation;
(b) Register for the Municipal Portal and the Services if you have not acknowledged reading and agreed to abide by these Terms and the Privacy Policy (the “Privacy Policy”);
(c) Interfere, disrupt or attempt to gain unauthorized access to other accounts on the Municipal Portal Site or any other computer network;
(d) Use the Municipal Portal Site or the Services in connection with any commercial endeavors;
(e) Post or give out any financial information or transmit electronically or physically any money to other Users;
(f) Create user accounts by automated means or under fraudulent or false pretenses;
(g) Create or transmit unsolicited electronic communications such as spam to Users or promote any products or services;
(h) Submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined solely by Central Hudson;
(i) Submit or upload any content for which you do not own all applicable rights or that infringes the proprietary rights of other parties;
(j) Submit, engage in or upload any type of competitions or content that can cause physical or mental harm to the participants or visitors to the Municipal Portal Site;
(k) Harass, threaten or intentionally embarrass or cause harm or distress to another person or group;
(l) Collect and publish any information about any of our Users;
(m) Adapt, modify or reverse engineer any portion of the Services or the Municipal Portal Site;
(n) Use any spider, robot, retrieval application, or any other device to retrieve any portion of the Municipal Portal Site;
(o) Reformat any of the pages that are part of the Municipal Portal Site;
(p) Disseminate, store or transmit viruses, worms, trojan horses or other malicious code or program;
(q) Encourage conduct that would constitute a criminal or civil offense;
(r) Violate any applicable federal, state, local or international law or regulation;
(s) Exploit children under 18 years of age;
(t) Invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 18 years of age);
(u) Solicit personal information from a child under 18 years of age;
(v) Submit false or misleading information to Central Hudson, the Municipal Portal Site or other Users; or
(w) Engage in any other activity deemed solely by Central Hudson to be in conflict with the spirit of these Terms and the Privacy Policy.
1.2 Central Hudson cannot and does not assure that other Users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and Central Hudson, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
2. Copyright, Other Proprietary and Privacy Protection for Other Users’ Content on the Municipal Portal Site. Central Hudson hereby notifies you that all the information, content, image files, software and materials on the Municipal Portal Site is Confidential Information and may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that Central Hudson is unable to provide you with permission to copy display or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on the Municipal Portal Site. Central Hudson has the absolute right to exclude you from the Municipal Portal if you use Services to violate the intellectual property rights or other rights of Central Hudson or third parties. You agree to indemnify and hold Central Hudson harmless for any violation of this provision.
3. Claims of Copyright Infringement
3.1 We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of Users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the service provider's designated agent.
Notification must be submitted to the following:
Service Provider:
Central Hudson Attn: Legal
Full Address:
284 South Avenue
Poughkeepsie, New York 12601
Email:
pcolbert@cenhud.com
3.2 To be effective, the notification must be a written communication that includes the following:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
3.3 We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Municipal Portal Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
(a) Your physical or electronic signature;
(b) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
(d) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the Southern District of New York or in the Supreme Court of the State of New York, Dutchess County, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
4. Limitation of Liability.
4.1 YOU ACKNOWLEDGE, BY YOUR USE OF ANY OF THE MUNICIPAL PORTAL SITE THAT YOUR USE OF THE MUNICIPAL PORTAL SITE OR SERVICES AND ANY RELIANCE THEREUPON IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE MUNICIPAL PORTAL SITE OR SERVICES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL CENTRAL HUDSON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF CENTRAL HUDSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MUNICIPAL PORTAL SITE OR THE SERVICES, FROM ANY CHANGES TO THE MUNICIPAL PORTAL SITE OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITE, MY ACCOUNT, CENHUD AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
4.2 IF YOU ARE DISSATISFIED WITH THE MUNICIPAL PORTAL SITE OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL CENTRAL HUDSON HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MUNICIPAL PORTAL SITE AND THE SERVICES. THE TOTAL LIABILITY OF CENTRAL HUDSON TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE MUNICIPAL PORTAL SITE OR THE SERVICES SHALL ZERO DOLLARS, BUT ONLY DISCONTINUATION OF USE OF THE MUNICIPAL PORTAL SITE. IT IS THE INTENTION OF YOU AND CENTRAL HUDSON THAT THIS PROVISION BE CONSTRUED BY A COURT OR REGULATOR OF COMPETENT JURISDICTION AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW.
4.3 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. General.
5.1 Applicable Law and Jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Municipal Portal Site or the Services or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred. You and Central Hudson agree that these Terms and any claims hereunder shall be governed by and subject to the laws of the state of New York, without giving effect to any principles of conflicts of law.t
5.2 No Resale of Services. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
5.3 Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Central Hudson as a result of these Terms or use of the Municipal Portal Site or the Services.
5.4 Enforcement. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
5.5 Force Majeure. Central Hudson will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Central Hudson’s reasonable control.
5.6 Waiver. The failure of Central Hudson to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Central Hudson in writing.
5.7 Construction. The headings of Sections of these Terms are for convenience and are not to be used in interpretation.
5.8 Entire Agreement. These Terms constitute the entire agreement between you and Central Hudson and govern your use of the Municipal Portal Site and the Services, superseding any prior agreements between you and Central Hudson. The failure of Central Hudson to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Central Hudson nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.