blue header banner

TERMS OF USE


MY ONCOR MOBILE APPLICATION TERMS OF USE

(Effective as of June 6, 2024)

 

These Terms of Use, including our Privacy Policy which is incorporated herein by this reference (collectively, the “Terms”), set forth the terms and conditions for use of the MyOncor application for mobile devices (the “MyOncor App”), including any use of any data, material, images, maps (including map features and content), recordings (including, without limitation, video, animation, voice and music), graphics, Submissions (as defined below) and information (collectively, “Content”) and any services, offerings, and features (“Services”) on or from the MyOncor App and any interaction with the MyOncor App.  In these Terms, “you” or “your” refers to any user of the MyOncor App, and if the MyOncor App is used on behalf of an employer or third party, “you” or “your” also refers to such employer or third party, and “we” or “us” or “our” refers to the owner(s) and/or operator(s) of the MyOncor App.

 

In addition to the Terms, there may be special terms, licenses, and registrations requirements for certain Content and Services made available to you by us via the MyOncor App to which you must agree or that you must acknowledge or complete to access such Content and/or participate in such Services (collectively, “Additional Special Terms”). These Additional Special Terms will be made available to you in connection with the applicable Content and Services, and, with respect to such particular Content and Services, are in addition to the Terms, are incorporated in the Terms by this reference, and to the extent the Additional Special Terms conflict with the Terms, such Additional Special Terms shall control with respect to your access to or use of the particular Content and Services. 

 

Please be aware that the MyOncor App includes Google Maps features and content.  Any access to and use of the Google Maps features and content by or through the MyOncor App by you is and shall be subject to and governed by the versions of the following in effect at the time of any such access and use by you:  (1) Google Maps/Google Earth Additional Terms of Services at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.

 

Please read all of the Terms and the information referred to or linked to in these Terms carefully and ensure you understand them. FROM TIME TO TIME, WE MAY UNILATERALLY MODIFY THESE TERMS BY UPDATING THE MYONCOR APP TO INCORPORATE UPDATED TERMS AND POSTING OR NOTIFYING YOU THROUGH THE MYONCOR APP (WHICH MAY ALSO BE POSTED ON THE WWW.ONCOR.COM WEBSITE). ALL CHANGES TO THE TERMS WILL BE EFFECTIVE WHEN POSTED OR NOTIFIED THROUGH THE MYONCOR APP.  AFTER SUCH UPDATES ARE POSTED OR NOTIFIED TO YOU THROUGH THE MYONCOR APP, ANY DOWNLOAD, INSTALL, ACCESS, OR USE OF THE MYONCOR APP, INCLUDING THE CONTENT AND SERVICES ON OR FROM THE MYONCOR APP, AND ANY INTERACTION WITH THE MYONCOR APP, INCLUDING SUCH CONTENT OR SERVICES, WILL CONSTITUTE YOUR ACCEPTANCE OF, AND AGREEMENT TO BE BOUND BY AND COMPLY WITH, THESE TERMS INCLUDING SUCH UPDATES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE MYONCOR APP.

 

To download, install, access or use the MyOncor App, you must be at least 18 years of age.   If you are under 18 and you wish to download, install, access or use the MyOncor App, you must get consent from you parent or guardian before doing so.

 

We may at any time, with or without prior notice to you or all users, for any or no reason, discontinue, modify, change, remove features from, and add to the MyOncor App, any Content or any Services or suspend, terminate, prevent access, or undertake maintenance regarding the MyOncor App or any part thereof without being liable to you or anyone else.  We have no obligation or responsible to maintain, update, or support MyOncor App or any Content or Services and may at any time, without notice to you, discontinue any maintenance or support of the MyOncor App.

 

The MyOncor App is owned and operated by Oncor Electric Delivery Company LLC (“Oncor”) with offices at 1616 Woodall Rodgers Freeway, Dallas, Texas 75202. If you have any questions about our Terms, please contact us at contactcenter@oncor.com.

 

HOW YOU MAY USE THE MYONCOR APP AND OUR CONTENT AND SERVICES

You are granted a non-exclusive, non-sublicensable, non-assignable, non-transferable, revocable, terminable, and limited right to use the MyOncor App, the Content made available to you by us on the MyOncor App, and any Services made available to you via the MyOncor App for personal, noncommercial, and, as applicable, educational purposes only, subject to the Terms. You may use copy, display, and distribute Content, without modification, enhancement, customization, or reformatting of any kind, for personal, noncommercial, and/or educational purposes only; provided, however, all copies or display of Content that you make must bear a copyright notice in the form “© Copyright [insert year you copied the Content], Oncor Electric Delivery Company LLC. All rights reserved.” and any other trademark or other proprietary notices which pertain to the Content being copied, displayed or distributed; and provided further that you may not distribute, share, or provide any Content modified, changed, or edited that in any way alters, distorts, misrepresents, or put into a false light any of the Content, the MyOncor App, any Services, Oncor, or us. Except as expressly authorized in this paragraph, you are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in or to the MyOncor App or any Content, Services, processes or technology of Oncor, its affiliates, and/or any of their respective suppliers, licensors or other applicable third parties. All such rights are retained by Oncor, its affiliates, and/or any applicable third party owner of such rights.  

 

We may terminate your rights and licenses under these Terms of Use at any time for any or no reason by notice to you through the MyOncor App and require you to uninstall the MyOncor App, in which case you will promptly uninstall the MyOncor App from your device(s).  Your rights and licenses to use the MyOncor App, the Content, and the Services shall automatically terminate, without need for any notice to you, upon your breach of or default under these Terms of Use.

 

We operate the MyOncor App and, via the MyOncor App provide the Content and Services, from and in the United States of America and directed to our consumers or potential consumers in the State of Texas.  It is possible that some downloads from the MyOncor App could be subject to government export controls or other restrictions. If you download anything from or use the MyOncor App, you represent that you are not subject to such controls or restrictions. Without limiting any other of the Terms, we make no representation that anything is appropriate, permissible or available for use outside the United States, and using the MyOncor App from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use the MyOncor App from or in locations outside of the United States, you do so on your own initiative and are responsible for (i) ensuring that what you are doing in that country is legal, (ii) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations, and (iii) all access to the MyOncor App through your mobile device and for bringing these Terms to the attention of all such persons.

 

YOU ARE RESPONSIBLE FOR PROVIDING, PAYING FOR, AND ENSURING ANY CONNECTION AND THE USE OF ANY MOBILE DEVICE, HARDWARE, AND SOFTWARE NECESSARY OR USED FOR ACCESSING AND USING THE MYONCOR APP, AND FOR PAYING FOR AND MAINTAINING ANY SUCH CONNECTION, MOBILE DEVICE, HARDWARE, AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DATA AND CONNECTION CHARGES.

REGISTRATION AND PASSWORDS

In order to access and use the MyOncor App and the Content or to receive Services via the MyOncor App, you must be a customer in Oncor’s service territory and will need to register. You agree not to obtain or attempt to obtain unauthorized access to the MyOncor App or the Content or the Services available by or through the MyOncor App by circumventing any such registration process.  When registering, you agree to provide true, accurate and complete information about yourself, and to update this information promptly when it changes. Any personal information supplied will be subject to the terms of our Privacy Policy.  If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your registration and/or access or refuse current or future access.  Additionally, we may, in our sole discretion and without notice, suspend or terminate your registration and/or access or refuse current or future access if, in our opinion, you have failed to comply with any of the provisions of these Terms. 

 

Should we provide to you a user name and/or password, or if you select a user name and/or password (and there may be specific requirements for selecting a user name and/or password), that allows you to access the MyOncor App and the Content and to receive Services via the MyOncor App, you will be solely responsible for maintaining the confidentiality of your user name, password, and your account information, and are fully responsible for all activities that occur under your user name, password or account. You agree that you will immediately notify us of any unauthorized use of your user name, password, or account, or any other breach of security. 

COMMUNICATIONS AND SUBMISSIONS

You may sign up via the MyOncor App to receive various communications from us.  By providing to us by or through the MyOncor App your contact information for a corresponding means of communication (which means of communication may include one or more of e-mail, voice (residential landline and mobile), text message, and/or any other means of communication), you represent that you are the authorized, customary user or subscriber of the e-mail account, residential landline and mobile phone number that you provide us, and you agree that we may send communications about us, our services and programs, and your account as well as notifications, alerts, updates, and specific responses to your inquiries to you through such means of communication until you affirmatively opt-out of receiving such communications by notifying us in such manner and form as provided by us or alternatively, by notifying us by email sent to contactcenter@oncor.com or by calling 1.888.313.6862.  If you choose to opt-out of communications by voice or text to a mobile phone number that you provided to us, please be aware that such opt-out will extend to non-emergency messages via both voice and text to that mobile phone number unless you indicate otherwise.  Following an opt-out request sent via text message, we may send you one text message to the mobile phone number involved for purposes of clarifying and confirming the scope of your opt-out communication.  Oncor reserves the right to continue to communicate with you using contact information that you have provided or later provide to us, to the extent allowed or required by applicable law, including to contact you regarding Oncor’s delivery of services and support to you or any matters that might affect such delivery and support or to contact you in emergency situations.  If you agree to communicate with us through your residential landline phone number and/or mobile phone number, you also agree that we may send you communications to the identified residential landline phone number and/or mobile phone number even if you change the carrier or service provider of your phone or mobile communication services until you affirmatively opt out as stated above.  You further agree to promptly notify us of any changes to your contact information, including any changes to the e-mail address, residential landline phone number and mobile phone number you have provided to us.  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.  

 

Without limiting the foregoing, the MyOncor App provides you the option to initiate your registration in our My Oncor Alerts program.  Should you choose to register in the My Oncor Alerts program, your registration and participation in the My Oncor Alerts program shall be subject to and governed by the program’s separate terms and conditions (the “My Oncor Alerts Terms and Conditions”).  The My Oncor Alerts Terms and Conditions will be available to you for your review through the MyOncor App should you choose to initiate your registration in the My Oncor Alerts program via the MyOncor App.  For your reference, we also provide the My Oncor Alerts Terms and Condition on the www.oncor.com website.   

 

We may also give you the opportunity to communicate questions, comments, suggestions, feedback, testimonials, stories, photographs or other images, videos, remarks, reviews, statements or other materials of any kind (each, a “Submission”) by or through the MyOncor App, including by e-mail, voice, text message, chat, or any other similar form or means of communication.   Notwithstanding any of the other Terms, by providing us with a Submission, you expressly agree and consent that we may communicate with you via any means of communications that you used or provided to us in connection with providing a Submission; we may send to you communications about us, our services and programs, and your account as well as notifications, alerts, updates, and/or specific responses to your inquiries through such means of communication. 

 

You may provide Submissions in the manner, and subject to any limitations, indicated by or in the MyOncor App as long as the Submission, and your use of the MyOncor App, does not violate any law or right of any person or entity, is not fraudulent, criminal or otherwise unlawful, and is not threatening, libelous, slanderous, defamatory, pornographic, obscene, racist, sexist, discriminatory, untrue or otherwise inappropriate, or uses any infringing or misappropriated information or content. You agree not to provide any Submission under the name or identity of a different person. You agree that any such Submission, and your use of the MyOncor App, will not involve your use, delivery or transmission of any viruses, unsolicited emails, trojan horse, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.

 

By providing a Submission, you grant us the unrestricted, unlimited, worldwide, perpetual, irrevocable, fully sub-licensable, assignable and transferable right and license to use such Submission for any purpose, including, without limitation, to copy, distribute, display, publish, modify, edit, and creative derivative works of it.  We shall not be liable to you, and you shall have no claim against us, for any royalty, fee, or payment of any kind in connection with any use of a Submission or for the compensation or reimbursement of any cost, expense or liability incurred by you. We have no obligation or responsibility regarding any Submission. Any Submission submitted by you is submitted at your own risk.

 

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 the MyOncor App, Oncor’s websites and/or in any of our promotional, marketing 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. Without limiting the foregoing, if a Submission violates the Terms, we may in our sole discretion delete and remove such Submission without prejudice to any other rights and remedies that we may have with respect to such violation of the Terms.

OUR SERVICE MARKS

The trademarks, service marks, trade names, logos, domain names, and other names, marks and source identifiers displayed on or used with the MyOncor App are owned by us or third parties, and the MyOncor App’s trade dress is owned by us (collectively, the “Marks”). All Marks not owned by us are the property of their respective owners, and are used by us with permission. Nothing contained on the MyOncor App may be construed as granting any right or license to use any Mark in any advertising, publicity, or in any other commercial manner without an express prior written license given by Oncor.

COPYRIGHTS

If any Submission or Content displayed in the MyOncor App infringes any copyright of you, please proceed in accordance with our Copyright Policy.

THIRD PARTY LINKS AND CONTENT

We have no control over and accept no responsibility or liability for the content or services of any website or mobile application to which a link from the MyOncor App exists (unless we are the owner and operator of those linked websites or mobile applications, subject to the terms and conditions pertaining to any such Oncor linked websites or mobile applications), the content or services of any website or mobile application linking to the MyOncor App, and/or you use and access of any such links.  

 

Any such links and linked websites and mobile applications are provided “as is” only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party website or mobile application to which the MyOncor App provides a link. The terms and conditions, terms of use and privacy policies of any linked websites and mobile applications will apply to your use of those websites and mobile applications. Any interactions, correspondence, and business dealings that you have with any third parties found on or through the MyOncor App (including via linked websites and mobile applications), or any third parties linking to the MyOncor App, are solely between you and the third party (including, without limitation, issues related to the content of such third party, payments, delivery of goods, warranties, privacy and the like). We disclaim all liability in connection with any such third party, interaction, correspondence and business dealings.

 

You may not frame the MyOncor App or any Content, or deep-link to any part of the MyOncor App or any Content, or cause any banners to appear anywhere on or in connection with the MyOncor App, the Content, the Services, or any part thereof.

PLATFORM INDEPENDENCE

The MyOncor App is independent of any platform on which it is located. The MyOncor App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple Computer, Inc. (Apple) (iOS) with/and its Apple App Store and Google Inc. (Google) (Android) with/and its Google Play Store (each being a “Platform Operator”).  Your download, installation, access to or use of the MyOncor App is also bound by the terms and conditions of the Platform Operator.  You and we acknowledge that these Terms are established between you and us only, and not with a Platform Operator, and we, not those Platform Operators, are solely responsible for the MyOncor App and the Content and Services to the extent specified in these Terms. The license granted to you for the MyOncor App is limited to a non-transferable license to use the MyOncor App on a mobile device that you own or control and as permitted by these Terms.  We are solely responsible for providing any maintenance and support services with respect to the MyOncor App, as described by these Terms. You and we acknowledge that a Platform Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the MyOncor App.  In the event of any failure of the MyOncor App to conform to any applicable warranty, to the maximum extent permitted by applicable law, the relevant Platform Operator will have no warranty obligation whatsoever with respect to the MyOncor App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility as between us and the Platform Operator.  You and we acknowledge that we, not the relevant Platform Operator, are responsible for addressing any claims of you or any third party relating to the MyOncor App or your possession and/or use of the MyOncor App, including, but not limited to (i) any claim that the MyOncor App fails to conform to any applicable legal or regulatory requirement, and (ii) claims arising under consumer protection or similar legislation.  You and we acknowledge that, in the event of any third party claim that the MyOncor App or your possession and use of the MyOncor App infringes that third party’s intellectual property rights, we, not the relevant Platform Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.  Without limiting any of the other Terms, you must comply with any applicable third party terms of agreement when using the MyOncor App, including ensuring that your use of the MyOncor App is not in violation of your mobile device agreement or any wireless data service agreement.  You and we acknowledge and agree that the relevant Platform Operator, and that Platform Operator’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that Platform Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

LIABILITY DISCLAIMERS

MyOncor App, Content and Services

 

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE MYONCOR APP, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ACCURACY OF THE INFORMATION. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED IN OR ACCESSED FROM THE MYONCOR APP OR THE SERVICES AVAILABLE VIA THE MYONCOR APP.

 

WE ARE NOT RESPONSIBLE FOR ANY SUBMISSION THAT YOU OR ANY THIRD PARTY PROVIDES TO US, INCLUDING, WITHOUT LIMITATION, ANY STATEMENTS, ASSERTIONS, EXPRESSIONS, OR CONTENT THEREOF. 

 

THE MYONCOR APP, ALL CONTENT CONTAINED IN OR ACCESSED FROM THE MYONCOR APP, AND ANY SERVICES AVAILABLE VIA THE MYONCOR APP ARE PROVIDED "AS IS" “WHERE IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USEFULNESS, ACCURACY, OR NON-INFRINGEMENT, ALL WHICH ARE HEREBY DISCLAIMED. 

 

YOU COMPLETELY AND FULLY ASSUME ALL RISK OF THE MYONCOR APP AND ANY USE, COPYING, DISPLAY, AND DISTRIBUTION OF ANY CONTENT AND YOUR RELIANCE, AND ANY ACT OR OMISSION IN RELIANCE ON, THE MYONCOR APP OR ANY CONTENT OR SERVICES.

IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR CONNECTED WITH THE MYONCOR APP, THE SERVICES AVAILABLE VIA THE MYONCOR APP, THE CONTENT CONTAINED IN OR ACCESSED FROM THE MYONCOR APP, THE ACCESS TO, USE OF OR RELIANCE UPON THE MYONCOR APP, THE SERVICES AVAILABLE VIA THE MYONCOR APP, OR THE CONTENT CONTAINED IN OR ACCESSED FROM THE MYONCOR APP, OR ANY DELAY, INTERRUPTION, FAILURE OR INABILITY OF THE MYONCOR APP OR ANY ACCESS OR USE OF THE MYONCOR APP.

 

Access

 

THE USER OF THE MYONCOR APP ASSUMES ALL RESPONSIBILITY AND RISK FOR ACCESS TO AND THE USE OF THE MYONCOR APP AND THE INTERNET GENERALLY. WE AND OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO ACCESS TO AND USE OF THE MYONCOR APP OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE AND OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS AVAILABLE BY OR THROUGH THE MYONCOR APP, THE CONTENT OR THE SERVICES.  IN NO EVENT SHALL WE OR OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OF, OR RELIANCE UPON THE MYONCOR APP, THE CONTENT, THE SERVICES, AND/OR THE INTERNET GENERALLY.

 

WE AND OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, AND SUPPLIERS DISCLAIM ALL LIABILITY FOR DAMAGE TO, OR VIRUSES, BUGS, MALICIOUS CODE OR OTHER HARMFUL COMPONENTS THAT MAY AFFECT, ANY EQUIPMENT (INCLUDING BUT NOT LIMITED TO YOUR MOBILE DEVICE), SOFTWARE, DATA OR OTHER PROPERTY AS A RESULT OF YOUR DOWNLOAD, INSTALLATION, ACCESS TO OR USE OF THE MYONCOR APP OR YOUR ACCESS TO OR USE OF ANY CONTENT OR SERVICES FROM, OR AS A RESULT OF USING, THE MYONCOR APP. WE SHALL ALSO NOT BE LIABLE FOR THE ACTIONS OF THIRD PARTIES.  WE DO NOT WARRANT OR REPRESENT THAT THE MYONCOR APP WILL BE COMPATIBLE WITH ALL MOBILE DEVICES, CONNECTIONS, COMPUTERS, HARDWARE, AND SOFTWARE WHICH YOU MAY USE.   YOU ARE RESPONSIBLE FOR PROVIDING, PAYING FOR, AND ENSURING THE USE OF ANY MOBILE DEVICE, CONNECTION, COMPUTER, HARDWARE, AND  SOFTWARE NECESSARY OR USED FOR ACCESSING AND USING THE MYONCOR APP, AND FOR PAYING FOR AND MAINTAINING SUCH MOBILE DEVICE, CONNECTION, COMPUTER, HARDWARE, AND SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY DATA AND CONNECTION CHARGES.

 

General


IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, VENDORS, CONTRACTORS, CONSULTANTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY ACT OR EVENT THAT IS BEYOND OUR OR ITS CONTROL AND WHICH COULD NOT BE REASONABLY ANTICIPATED OR PREVENTED THROUGH THE USE OF REASONABLE MEASURES, INCLUDING, BUT NOT LIMITED TO, AN ACT OF GOD, ACT OF THE PUBLIC ENEMY, TERRORISM, WAR, INSURRECTION, RIOT, FIRE, EXPLOSION, LABOR DISTURBANCE OR STRIKE, NATURAL DISASTER, WILDLIFE, UNAVOIDABLE ACCIDENT, EQUIPMENT OR MATERIAL SHORTAGE, BREAKDOWN OR ACCIDENT TO MACHINERY OR EQUIPMENT, OR GOOD FAITH COMPLIANCE WITH AN ORDER, LAW, RULE, REGULATION, OR RESTRICTION BY A GOVERNMENTAL, MILITARY, OR LAWFULLY ESTABLISHED CIVILIAN AUTHORITY.

 

IF AND TO THE EXTENT THAT ANY APPLICABLE LAW PROVIDES THAT, NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS ENTIRE “LIABILITY DISCLAIMERS” SECTION, ANY DISCLAIMER, EXCLUSION OF LIABILITY, OR LIMITATION OF LIABILITY, OR PART THEREOF, SET FORTH IN THIS SECTION IS NOT VALID OR ENFORCEABLE, THE DISCLAIMER OR EXCLUSION OF LIABILITY OR LIMITATION OF LIABILITY UNDER THIS SECTION SHALL BE INTERPRETED TO BE EFFECTIVE TO THE GREATEST EXTENT TO EFFECT THE PURPOSES AND INTENT OF SUCH PROVISIONS AS WRITTEN HEREIN AND AS PERMISSIBLE UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY; THEREFORE, IF THIS IS THE CASE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

WE DO NOT PROVIDE ANY LEGAL OR OTHER ADVICE ON THE MYONCOR APP OR AS PART OF ANY CONTENT OR SERVICES.  NO INFORMATION OR RESULTS OBTAINED BY YOU FROM US OR THROUGH OR FROM THE MYONCOR APP CONSTITUTES OR WILL GIVE RISE TO ANY WARRANTY OR ANY LEGAL OR OTHER ADVICE BY US. 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Oncor, its affiliates, their respective successors and assigns, and the officers, directors, employees, agents, representatives, licensors, contractors, consultants, suppliers, and operational service providers of Oncor or its affiliates, from and against any and all losses, expenses, damages, costs and expenses (including attorneys’ fees), arising out of or resulting from (i) your use of the MyOncor App, the Content, or the Services; (ii) any violation of the Terms, including any applicable Additional Special Terms; (iii) any violation of applicable law by you; and/or (iv) any negligence, willful misconduct, or strict liability of you. We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the MyOncor App, Content, or Services and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.

INVESTIGATIONS

We reserve the right, without any limitation whatsoever, to (i) investigate any suspected breaches of the MyOncor App's security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms or violations of any additional terms, conditions and rules applicable to particular Content or Services available on the MyOncor App, (iii) involve and cooperate with law enforcement authorities in investigating any such matters, (iv) prosecute violators of these Terms to the full extent of the law, and (v) delete or modify any Content or Services on the MyOncor App, including any that you may have acquired through your use of the MyOncor App.  We agree to take all reasonable precautions to ensure that your personal information is not viewed or taken by any person other than as necessary in connection with any of the foregoing and otherwise, is treated in accordance with the Privacy Policy.

ACCEPTANCE AND JURISDICTION

By using the MyOncor App, you agree that you have read, understand and will abide, and be bound, by the Terms. If you do not agree to these Terms, please do not use the MyOncor App. These Terms shall be governed in all respects in accordance with the laws of the State of Texas, without regard to the conflict or choice of law rules thereof. You expressly agree to submit to the exclusive jurisdiction of any State or Federal court sitting in the State of Texas, Tarrant County, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.

INVALIDITY

Should any section, or portion thereof, of these Terms be held invalid by reason of any law existing now or in the future in any jurisdiction by any court of competent authority or by a legally enforceable directive of any governmental body, such section or portion thereof shall be validly reformed so as to approximate the intent of these Terms as nearly as possible and, if unreformable, shall be deemed divisible and deleted with respect to such jurisdiction; these Terms shall not otherwise be affected.

MISCELLANEOUS

These Terms and Conditions, including our Privacy Policy and, to the extent applicable, Additional Special Terms, constitute the entire terms and agreement regarding your interaction with, access to and use of the MyOncor App, including the Content and Services on or from the MyOncor App, and supersede all prior understandings related to such access and use of the MyOncor App and the Content and Services on or from the MyOncor App.  To the extent there is any inconsistency, ambiguity, or conflict between the English version of these Terms and those translated into another language, the English version shall prevail.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the MyOncor App or otherwise, satisfy any legal requirements that such communications be in writing.  A waiver by either party of any term or condition of the Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof; any such waiver must be express and written. You may not assign the Terms or assign, transfer, or delegate any of your rights or obligations under the Terms to any party.  We may assign the Terms and assign, transfer, or delegate any of our rights or obligations under the Terms without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.