Scroll to the bottom of this page for Power & Light District’s Text Message Terms and Conditions.
Last updated and effective: May 21, 2018
When using particular services or features of the Services, both these Terms and a separate guidelines, rules, or terms document may apply to your use of that feature or service ("Additional Terms"). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
II. Accepting these Terms
Please be aware that these Terms constitute a binding legal agreement between you and ECI outlining your legal rights, obligations, and remedies arising from your use of the Services. You agree you are responsible for your use of the Services and any consequences resulting from your use of the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Services.
You may use the Services only if you: (a) can form a binding contract with ECI and (b) are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to these Terms. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Services.
III. Your Representations & Warranties to ECI
By using the Services, you represent, warrant, and agree:
IV. Accounts and Registration
V. User Conduct
As a condition of your use of the Services, you agree not to use the Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by ECI as typical or expected use of the Services consistent with the purposes for which the Services were created. You specifically agree not to:
You are solely responsible for your interactions with other users of the Services. We are not responsible or liable for the actions of any user. ECI reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
VI. Content and Limited Licenses
The Services and ECI Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, ECI and its licensors exclusively own all right, title and interest in and to the Services and ECI Content, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or ECI Content. ECI or its partners shall retain all worldwide rights in and to all intellectual property comprising or included within ECI Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code (source and object), the “look and feel” of the Services, and copyrighted works associated with the Services.
You should assume that everything you read or see on the Services is copyrighted or otherwise protected and owned by ECI, or a third party who licensed the right to use such content to ECI. Unless otherwise expressly noted, nothing that you read or see on the Services or other Content, or any of the source code, object code, or HTML code that ECI uses to generate the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of ECI or the appropriate Content owner, except as provided in these Terms or otherwise permitted by relevant law. You may also not use any ECI trademarks or other Content in any way that suggests ECI or its licensors endorse, sponsor, approve of, or are associated with any third-party products or services or is otherwise likely to cause confusion as to whether third-party products or services originate with ECI or its licensors.
No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ECI’s prior written permission, with the exception of your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any such use of the Content is strictly prohibited.
ECI is not the publisher or speaker of User Content, or any other information on the Services provided by third party content providers, and ECI is not liable for any claims related to such information. Any mention in the Services of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by ECI. ECI assumes no responsibility for those products or Services.
You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Content, except as expressly permitted in these Terms. Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of ECI, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Without limiting the foregoing, the ECI name, logos and designs, and the product and service names associated with the Services are trademarks of ECI or its affiliated third parties, and no right or license is granted to you by these Terms to use such ECI intellectual property for purposes not directly related to your use of the Services.
Your grant of this license to ECI to utilize your User Content and any derivative works of the User Content does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. ECI does not claim ownership rights in your User Content and, except as expressly set forth herein, nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant ECI the rights in such User Content contemplated under these Terms; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or ECI’s use of the User Content (or any portion thereof) on, through, or by means of the Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Services.
We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Services at any time, for any reason.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, ECI does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to ECI are included in the above license you grant to ECI for any User Content.
You agree and understand that ECI is not obligated to post or use your User Content and may alternatively choose to discard or remove your User Content without any liability whatsoever.
VII. Copyright Policy
As described above, you may not use the Services for any purpose or in any manner that infringes the rights of any third party. ECI encourages you to report any content on the Services that you believe infringes your rights. (Note that only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content.) If you have a good faith belief that Content on the Services infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Services who are infringers. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.
If you believe that your work has been copied in a way that constitutes copyright infringement or infringement of other intellectual-property rights, please provide ECI’s designated agent (contact information below) with a written communication that includes the following (as required by the DMCA for complaints of copyright infringement):
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Please send your notice of claims of infringement of copyright or other intellectual property rights on or regarding the Services in writing to ECI’s copyright agent:
Entertainment Consulting International, LLC
601 East Pratt Street, 5th Floor
Baltimore, MD 21202
Attn: DMCA Notification Dept.
VIII. Linking to and Framing the Services
ECI grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Services, so long as the links do not portray ECI or its products or Services in a false or misleading manner or create the false appearance that a third-party website or organization is sponsored, endorsed or approved of by, or affiliated or associated with, ECI. You may not use any of ECI’s logo or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Services or any of their content is prohibited without the prior written consent of ECI. You agree that you will not link to the Services from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is defamatory, scandalous, or inflammatory or is otherwise inappropriate (in ECI's sole discretion).
IX. Third-Party Links and Content
The Services may contain links to third-party websites or resources, such as online stores, YouTube, Twitter, and Facebook. You acknowledge and agree that ECI is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ECI of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that ECI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Services available on or through any such site or resource.
You consent to receive from ECI all communications, including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Notices") electronically. ECI may provide such Notices by posting them on or within the Services, by electronic mail to any email address that ECI has for you, or by written communication sent by first class mail or pre-paid post to your address on record.
ECI may change, suspend or discontinue the Services for any reason, at any time, including the availability of any Services, features, or Content, without notice or liability to you. ECI may also impose limits on certain Services, features, or Content, or restrict your access to parts or all of the Services with or without notice and without liability to you.
ECI may also terminate or suspend your use of or access to the Services at any time, immediately, without notice, and without refund (if applicable) or other liability, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Services, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Services.
To report violations of the Terms, please contact ECI using the contact information for us at the end of these Terms.
You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Services. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to us. Continued use of the Services, their components, databases, or documentation, or any part thereof, after termination is a breach of these Terms and may also be a violation of copyright and other US laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of these Terms, which by their nature should survive termination, shall survive the termination of this agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, dispute-resolution, and limitations of liability.
XII. Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
XIII. International Use
The Services are controlled and operated by ECI from within the United States. ECI makes no representations that the Services or any Content is appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless ECI, its licensors, their respective parents, subsidiaries, and affiliates, and all of their respective officers, directors, employees, agents, representatives, licensors, contractors, suppliers and any third-party information providers (collectively, the “ECI Parties”) against all claims, losses, expenses, damages, liability, deficiencies, actions, judgments, interest, awards, penalties, fines, costs or expenses (including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers) arising out of or related use of the Services, violation of the Terms, violation of any right of ECI or any other person or entity by you or any third party using your Account, login information, or password. ECI reserves the right, at its election to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with ECI in connection with our defense.
XV. Warranty Disclaimers
You acknowledge that ECI has no control over, and no duty to take any action regarding: (1) which users gain access to the Services; (2) what effects the Content or the Services may have on you; (3) how you may interpret or use the Content or the Services; or (4) what actions you may take as a result of having been exposed to the Content or the Services.
You release ECI from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. ECI makes no representations concerning any Content contained in or accessed through the Services, and ECI will not be responsible or liable for the accuracy, copyright compliance, legality or decency of User Content contained in or accessed through the Services.
YOUR USE OF AND BROWSING OF THE SERVICES ARE AT YOUR RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLRE LAW, THE ECI PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THEIR CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ECI PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES AND ANY WEBSITE WITH WHICH THEY ARE LINKED. THE ECI PARTIES DO NOT WARRANT THAT THESE SERVICES, OUR SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES), THAT YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS OR ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ECI PARTIES ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ACCESSIBLE VIA THESE SERVICES, OR ANY WEBSITE WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE, OR CURRENT. THE ECI PARTIES DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. NO OPINION, ADVICE, OR STATEMENT OF ANY ECI PARTY, WHETHER MADE ON THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ECI PARTIES DO NOT WARRANT OR REPRESENT THAT USE OF CONTENT DISPLAYED VIA THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH ECI OR ITS LICENSORS.
XVI. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, THE ECI PARTIES EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING IN CONNECTION WITH OR ARISING OUT OF THE USE OF THE SERVICES OR ANY WEBSITE WITH WHICH IT IS LINKED, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF FORESEEABLE AND EVEN IF THE ECI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SERVICES IS TO STOP USING THE SERVICES, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY TO THE ECI PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES. THE PRIOR LIMITATION ON DAMAGES IS NOT INTENDED TO LIMIT THE ECI PARTIES’ OBLIGATION TO PAY PREVAILING PARTY COSTS OR FEES IF RECOVERABLE PURSUANT TO APPLICABLE LAW.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF AN ECI PARTY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SERVICES OR ANY OTHER WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE ECI PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SERVICES OR ANY OTHER WEBSITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE ECI PARTIES – PROVIDED THAT NOTHING IN THESE TERMS WILL RESTRICT A CALIFORNIA RESIDENT’S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
These Terms are for the benefit of the ECI Parties as defined herein, and each of these individuals or entities shall have the right to assert and enforce their provisions directly against you on its own behalf.
XVII. BINDING ARBITRATION
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim between you and any ECI Party arising out of or relating to these Terms or your use of the Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved on an individual basis through binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us (collectively, the “Excluded Disputes”).YOU AND WE BOTH WAIVE ANY CLAIMS FOR PUNITIVE DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR REPRESENTATIVE BASIS, INCLUDING IN ANY EXCLUDED DISPUTE. FOR ANY DISPUTE OR CLAIM OTHER THAN AN EXCLUDED DISPUTE, YOU AND WE ALSO WAIVE THE RIGHT TO TRIAL BY JUDGE OR JURY.
You must first present any claim or dispute to us by contacting us in writing or by electronic mail, at the information provided in the “Contacting Us” section herein, to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved to your satisfaction within sixty (60) days. The arbitration of any dispute or claim shall be conducted by a sole arbitrator under the Streamlined Arbitration Rules & Procedures (“JAMS Rules”) of JAMS Inc. ("JAMS") (or any successor to JAMS), as modified by these Terms. The JAMS Rules are available at www.jamsadr.com/rules-streamlined-arbitration. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration," then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service that will hear the case. You and we agree that these Terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. The federal or state law that applies to these Terms will also apply during the arbitration. Unless you and we agree otherwise, any arbitration will take place in Baltimore, Maryland and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what these Terms provide, order consolidation or arbitration on a class-wide or representative basis, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the JAMS Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the JAMS Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
All administrative fees and expenses of any arbitration will be divided equally between you and us, unless otherwise prohibited by law. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
IF FOR ANY REASON THIS ARBITRATION CLAUSE IS DEEMED INAPPLICABLE OR INVALID, YOU AND WE BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS TO RECOVER PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE ANY CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. IF THIS ARBITRATION CLAUSE OR THE CLASS ACTION WAIVER SET FORTH IN THESE TERMS IS DEEMED INAPPLICABLE OR INVALID, THEN YOU HEREBY AGREE THAT ANY DISPUTE MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER BALTIMORE COUNTY, MARYLAND AND YOU HEREBY CONSENT AND WAIVE ALL OBJECTIONS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS. However, you further agree that we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms is taking place or originating.
XIII. Miscellaneous and Additional Terms
ECI is not responsible for votes not received due to lost, failed, delayed or interrupted connections, including Internet/Webserver/network/phone-line connections or miscommunications, or other electronic malfunctions, computer or telephone hardware or software failures, malfunctions, or garbled or jumbled transmissions. ECI reserves the right, in its sole discretion, to cancel or suspend voting at any time and for any reason. ECI also reserves the right to disqualify any votes from any IP address or other identifiable source if it determines or reasonably suspects that any user has used any macro, bot, or other automated means to submit votes in violation of stated voting limits or with the intent of undermining the fairness of the voting system.
Power & Light District
601 East Pratt Street, 5th Floor
Baltimore, MD 21202
Attn: Marketing/Privacy Feedback
TEXT MESSAGE TERMS AND CONDITIONS