Effective as of
June 2, 2006
READ THIS AGREEMENT IN ITS ENTIRETY CAREFULLY BEFORE ACCESSING
HTTP://P2.CONVERSIVE.COM (THIS "WEBSITE"), OR ANY OF ITS PAGES.
The following Additional Terms
of Use are in addition to the terms and conditions set forth on Public Service Enterprise
Group Incorporated's owned and/or operated websites, whether password protected
on Public Service Enterprise Group Incorporated's owned and/or operated websites
are collectively referred to hereafter as this "Agreement." Any conflict or discrepancies
between the terms and conditions set forth on such Public Service Enterprise Group
The term "PSE&G" or "us" or "we" or "our" refers to Public Service Electric
and Gas Company, the owner of this Website.
The term "you" refers to the user or viewer of our Website. You agree as follows:
Acceptance of Terms Through Use and/or Access.
BY ACCESSING THIS WEBSITE, INCLUDING ANY OF ITS PAGES, YOU ACKNOWLEDGE THAT YOU
HAVE READ, UNDERSTAND AND AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE
FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THIS
WEBSITE, OR ANY OF ITS PAGES.
Use of Website.
Electric and Gas Company ("PSE&G") provides you with this Website to facilitate
your request for electric
and/or gas service.
In order to use this Website you must:
· have all equipment necessary to connect with the Internet,
including computer and modem.
· have your own access to the Internet; and
· pay any and all fees related to such connection.
and agree that your use of this Website is at your own initiative, and, further,
that it is your responsibility to ensure that your use and access of this Website
conforms to all applicable local laws.
You may now, or in the future,
receive a password and an account.
You are entirely responsible for any and all activities that occur under your account,
whether authorized or not authorized. You agree to notify PSE&G promptly after
becoming aware of any unauthorized use of your account or any other breach of security
that you become aware of. Your right to use the services offered by this Website
is personal to you. You agree not to assign or transfer any of the services you
receive from PSE&G through this Website without the prior express written consent
You are prohibited from violating,
or attempting to violate, the security of this Website or the services offered thereby.
Any such violations may result in criminal and civil liabilities to you. PSE&G
will investigate any alleged violations, and, if a criminal violation is suspected,
PSE&G will cooperate with law enforcement agencies in their investigations.
Violations of the security of the Website and the services offered include, without
limitation, the following:
Logging into or attempting to log into a server or account
that you are not authorized to access;
- Accessing data and/or taking
any action to obtain services not intended for you or your use;
- Attempting to probe, scan and/or
test the vulnerability of any system, subsystem and/or network (whether owned by
PSE&G or otherwise);
- Tampering, hacking, modifying
or otherwise corrupting or breaching security or authentication measures without
- Transmitting material that contains
viruses, "Trojan horses," "worms," "time bombs," "cancelbots" and/or other computer
programming routines or engines with the intent or effect of damaging, destroying,
disrupting and/or otherwise impairing the proper functionality or operation of this
Website and/or the systems that operate, run and/or maintain this Website;
Interfering with, intercepting or expropriating any data, system or information;
- Interfering with service to any user,
host, or network including, without limitation, by means of overloading, "flooding,"
"mailbombing," or "crashing" any computer system (whether owned by PSE&G or
In using and accessing this Website, you must not:
Post, send by e-mail, or otherwise transmit or use this Website in furtherance of
any illegal, deleterious, harassing, libelous, defamatory, threatening, vulgar,
sexually explicit and/or exploitive, hateful and/or otherwise objectionable material
of any kind, any material that is invasive of another person's privacy and/or other
rights, or any material that PSE&G, in its sole discretion, does not wish posted
or transmitted on this Website;
Transmit spam or other
unsolicited e-mail messages, bulk commercial advertising, chain letters or other
commercial or non-commercial e-mail messages to an individual or one or more e-mail
Engage in and/or encourage conduct in others that would violate any applicable
federal, state and/or local law or regulation and/or give rise to civil liability;
Engage in conduct that could damage or impair the intended availability, functionality
and/or operability of this Website;
Use the Website to infringe on any person's copyright, trademark, patent or other
intellectual property rights;
Impersonate any individual or entity, falsely state or otherwise misrepresent your
identity and/or affiliation in any way, or forge, delete or alter any part of a
TCP/IP packet header information in any e-mail or other posting;
Engage in deceptive online marketing or advertising; or
Assist or permit any person in engaging in any of the foregoing.
D. Consequences of Unacceptable Use of this Website.
PSE&G reserves the right (but does not have the obligation), exercisable in
its sole discretion, to suspend or terminate without notice your access to this
Website and the offered services upon a violation or attempted violation of these
violations by a third party acting on your behalf, are deemed to be violations by
to use the services of another company for the purpose of facilitating any of the
activities that violate this Agreement if such use of another company's service
could reasonably be expected to adversely affect this Website in any manner. Please
be advised further that PSE&G, at its discretion, may terminate your right to
access this Website and the offered services if it believes you are using the Website
in a manner that infringes upon the copyright, trademark, patent or other intellectual
property rights of another; this right of termination is in addition to, and not
in lieu of, any and all other rights available to the owner of the intellectual
property rights so infringed.
PSE&G retains the right, exercisable in its sole discretion, to terminate any
account involved with the creation, modification and/or proliferation, of
software robots (i.e., "bots") or systems of such bots
(i.e., "Botnets") and related activities. If any hostnames are used as command
and control points for botnets, PSE&G reserves the right to direct the involved
hostnames to a computer, data or a network site that appears to be part of a network,
but which is actually an isolated and protected trap set to detect, deflect or in
some manner counteract attempts at unauthorized use of information systems (i.e.,
a "honeypot"), loopback address, logging facility, or any other destination at our
Disclaimer of Warranties.
THE SITE IS PROVIDED BY PSE&G ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, PSE&G MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
REGARDING THE USE OR THE RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY,
RELIABILITY, AND/OR OTHERWISE. PSE&G
SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE.
PSE&G DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You are granted a non-exclusive, non-transferable, revocable license to access and
use this Website strictly in accordance with this Agreement;
Your use of this Website or the services offered thereunder in no way confer on
you any right or license to any intellectual property rights or trade secret rights,
now or hereafter owned, controlled and/or possessed by PSE&G.
PSE&G and its affiliated companies
appreciate your interest
in this Website and the services we offer hereunder. Your privacy is important and
we want you to understand our practices with respect to gathering information from
visitors to the Website and with respect to the uses
we make of that information. Please check each portion or page of the
Website that you visit. Certain portions of webpages of thisWebsite may contain changes to the
Privacy Statement applicable to your use of that particular webpage; for example,
certain applications may request additional information from you.
When someone visits
the Website, our web servers automatically gather information that allows the site
to communicate with the visitor's computer during the visit. We also track
such information as the number of visits to the site, which parts of the site visitors
select, IP address (i.e., the Internet address assigned to your computer
from your Internet Service Provider), domain type, browser type (e.g., Netscape
or Internet Explorer), date and time of day. We may use those types of information
for statistical purposes that help us design and administer the Site. This information
does not constitute what is referred to commonly as personal information.
Privacy concerns focus on information that could be used to identify a specific
individual, including information such as name, address, e-mail address, and telephone
number; this information is what we refer to as "Personal Information." If during
your visit you submit any request for service or submit other information to us,
you may provide us with Personal Information. We may collect and use that Personal
Information to provide you with products or services, to bill you for products and
services you request, to market products and services which we think may be of interest
to you, and/or to communicate with you for other related purposes. PSE&G does
not knowingly sell or distribute your Personal Information to third parties for
purposes of allowing them to market their products and services to you.
We provide the Personal Information
to companies who provide services to PSE&G under the terms of nondisclosure
agreements. These companies may use your personal information to help PSE&G
communicate with you for purposes of taking your requests and filling them. These
companies do not have any independent right to share this information.
It is PSE&G's policy to
re respond to subpoenas, court orders, and/or legal process, or to establish or
exercise our legal rights or defend against legal claims. In such cases, PSE&G
believes it may be necessary to share information in order to investigate, prevent,
or take action regarding illegal activities, suspected fraud, situations involving
potential threats to the physical safety of any person, violations of the Agreement,
or as otherwise required by law.
In the event PSE&G in
acquired by, or merged with, another company, please be advised that we will transfer
Private Information about you. In such instance, PSE&G will notify you through
the Website before such Private Information about you is transferred and becomes
Linking to this Website.
You are not authorized to link to this Website without the prior written consent
of PSE&G. You are authorized to print one copy of content on this site in connection
with your use of the services offered on this Website, provided, however, that you
leave any and all copyright or trademark information intact and unchanged. Other
than as specifically set forth in this paragraph, you may not copy, distribute,
broadcast, alter or tamper in any way any portion of this Website.
This Website may contain third-party
information and links to other non-PSE&G (including its affiliates and subsidiaries)
Internet websites ("Hyperlinks"). Whenever practical, such Hyperlinks are marked
accordingly. When you access any such Hyperlinks, please note that it is independent
of PSE&G, and its affiliates and subsidiaries, that PSE&G has no control
over such Hyperlinks and its content, and that PSE&G expressly disclaims any
adoption or incorporation be reference of any information on such Hyperlinks as
PSE&G's own. PSE&G does not endorse, ratify or otherwise accept any responsibility
for the content of any Hyperlinks. You should contact the respective website administrator
or webmaster for any Hyperlinks sites if you have any concerns regarding such links
or the content located on such sites.
of each such website, and we are not responsible therein. We encourage all Members
to review the respective privacy policies of any third parties' websites.
Modifications to this Agreement.
We reserve the right, from
time to time and at any time, to modify, alter or update the terms and conditions
of this Agreement and/or the services provide through this Website without prior
notice. Modifications shall become
effective immediately upon being posted at this Website. Your continued use and access of this Website
after any amendments are posted constitutes an acknowledgement and acceptance of
this Agreement and its modifications. Except as provided in this paragraph, this
Agreement may not be amended.
Limitation of Liability.
SHALL NOT be liable for any damages whatsoever,
and in particular shall not be liable for any special, indirect, consequential,
or incidental damages, or damages for lost profits, loss of revenue, LOSS OF BUSINESS
or loss of use, arising out of or related to this website, THE SERVICES OFFERED
THEREUNDER or the information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if PSE&g
has been advised of the possibility of such damages..
You agree to indemnify and
hold PSE&G, its subsidiaries and affiliates, as well as its and their respective
officers and employees, harmless from any and against claim or demand, including,
without limitation, reasonable attorneys’ fees and costs, made by any third party
due to or arising out of your use of this Website, your violation of this Agreement,
or your infringement, or any third party's infringement using your computer, of
any intellectual property or any other right of any person or entity.
Governing Law and Choice of Forum.
This Website is operated and
provided in the State of
As such, if you choose to access our Website, you agree to do so subject to the
internal laws of the State of
, without giving effect to
any conflicts of law rules. You expressly
agree that the exclusive jurisdiction for any claim or action arising out of or
relating to this Agreement shall only be filed in the federal or state courts located
in Essex County, State of New Jersey, and, further, you agree to submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating any such claim
Copyright and Trademark Information.
COPYRIGHT NOTICE: All content
included or available on this Website, including site design, text, graphics, interfaces,
and the selection and arrangements thereof is:
Copyright © 2006 Public Service
Electric and Gas Company and affiliates. All rights reserved
All other trademarks that
may, at any time and from time to time, be displayed on the Website are the trademarks
of their respective owners, and constitute neither an endorsement nor a recommendation
of those vendors. In addition, such
use of trademarks or links to the web sites of vendors is not intended to imply,
directly or indirectly, that those vendors endorse or have any affiliation with
If any provision of this Agreement
becomes unlawful, void or unenforceable for any reason, the other provisions (and
any partially-enforceable provision) shall not be affected thereby, and shall remain
valid and enforceable to the maximum possible extent.
You agree that this Agreement and any other agreements referenced herein
may be assigned by PSE&G, in its sole discretion, to a third party in the event
of a merger or acquisition of PSE&G.
This Agreement shall apply in addition to, and shall not be superseded by, any other
written agreement between us in relation to your acquisition of services from PSE&G
through the Website.
In the event of any questions
or concerns, please click on the "Contact" tab appearing below.