PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
Your use of the Encinitas Family Care (“EFC”) web site (the “Web site”) is expressly conditioned on your
acceptance of the following terms and conditions. By using the Web site, you signify your assent to these
terms and conditions. If you do not agree with any part of the following terms and conditions, you must
not use the Web site.
1. OWNERSHIP. Except for items in the public domain, the information and all other materials comprising
the Web site (collectively, the "Materials"), are wholly owned by (or licensed to) EFC and/or its content
providers. The Web site contains copyrighted material, trademarks, and other proprietary information.
EFC owns a copyright in the selection, coordination and arrangement of the Web site. Nothing contained
on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or
right to use any of the Materials without the written permission of EFC or such other party that may own
the Materials.
2. USE OF WEB SITE. Except for your non-
or non-
other proprietary notices, contained in the materials. The use of such materials on any other web site or in
any environment of networked computers is prohibited. You are prohibited from posting or transmitting any
unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or
encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise
violate any law.
By uploading or otherwise submitting a file or other information ("Contribution") to the Web site, you
automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to EFC
a perpetual, royalty-
Incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were
public domain information. You similarly permit any Internet user to download, store, manipulate, view,
print and display the Contribution for that user’s personal use.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use the Web site and to
create binding legal obligations for any liability you may incur as a result of the use of the Web site. You
understand that you are financially responsible for all uses of the Web site by you and those using your
login information.
4. ACCOUNT ACCESS. You agree that you are solely responsible for maintaining the integrity of your online
account access UserID and Password. You further agree to only establish online account access for your
own account(s) or for those accounts to which you have been granted expressed permission to access.
EFC is not liable for damages or losses incurred by either the account owner or the user in the event that
a user establishes account access to an account which is not his/hers and for which he/she has not been
granted permission to access by the account owner.
5. PRIVACY. You have read the EFC Privacy Policy, the terms of which are incorporated herein, and agree that
the terms of such policy are reasonable. You consent to the use of your personal information by EFC and/or
its third party providers and distributors in accordance with the terms of and for the purposes set forth in
the EFC Privacy Policy.
6. NO WARRANTIES AND LIMITATION OF LIABILITY. Your use of the Web site is at your sole risk. You assume
full responsibility and risk of loss resulting from the downloading and/or use of files, data or other material
(including software) obtained through the Web site. EFC strives to ensure the accuracy of the information
presented on the Web site, however due to various circumstances, including, but not limited to, delays caused
by postal handling, upgrades and/or changes to EFC's bill and payment processing system there may be
variances between the information available on the Web site and your actual bill and payment information,
energy usage history or other statistical data. For this reason, neither EFC nor any of its affiliates,
subsidiaries, business units, content providers can guarantee the accuracy, truthfulness or reliability of any
information provided on or by means of the Web site.
THE WEB SITE AND THE CONTENT PROVIDED THEREON IS PROVIDED "AS IS", AND NEITHER EFC NOR ANY
OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS,
EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information
given to you by EFC or any of its affiliates, subsidiaries, business units, content providers, agents, or the
like shall create any warranty. Neither EFC nor any of its content providers, agents, or the like warrants that
access to, or use of, the Web site will be uninterrupted, virus free, or error-
or quality. EFC, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS,
CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES
AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT
LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY,
SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT
EFC KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY
SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEB SITE. FURTHERMORE, EFC, ON BEHALF OF
ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND
THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-
7. LIMITATION OF LIABILITY. EFC and all of its affiliates, subsidiaries, business units, content providers,
agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential
and/or special damages arising out of your use of, or inability to use, the Web site, and you hereby waive
any claims with respect thereto, whether based on contractual, tort or other grounds, even if EFC has been
advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of
performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer
virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of
any file, in each instance whether for breach of contract, tortuous behavior, negligence, or under any other
cause of action. For further clarity, in all events, EFC and all of its affiliates, subsidiaries, business units,
content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of
other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or
liability to be limited, so not all of the above limitations may apply to you.
The provisions of this Section 6 and Section 5 above represent a reasonable allocation of the risks under this
Agreement. EFC's willingness to allow you to use the Web site reflects this allocation of risk and the
limitations of liability specified herein.
8. INDEMNIFICATION. You agree to indemnify EFC and all of its affiliates, subsidiaries, business units,
content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities,
expenses (including, without limitation, attorneys' fees), and/or damages arising out of claims based upon
your use of the Web site including, without limitation, any claim of libel, defamation, violation of legal rights
of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of
intellectual property or other rights.
9. LINKS. The Web site may contain links to web sites operated by parties other than EFC. Such links are
provided for your reference only. EFC does not control such web sites and is not responsible for their
contents. EFC makes no representation or warranty regarding any other web sites or the contents or
materials on such web sites. The Web site's inclusion of links to other web sites does not imply EFC’s
endorsement of the material on the web sites or any association with their operators. Any concerns regarding
any such service or resource, or any link thereto, should be directed to the particular service or resource.
10. FORWARD-
results to differ materially from the forward-
Stock quotes are time delayed and should not be used for real-
11. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of
California, United States of America, without regard to its conflict of law provisions. You consent and submit
to the exclusive jurisdiction of the state and federal courts located in Riverside County, the state of California,
United States of America, in all questions and controversies arising out of your use of this Web site and this
Agreement.
12. NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of
any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between you and EFC nor the trade practice shall modify any provision of these
Terms and Conditions.
13. MODIFICATION. EFC may at any time modify these terms and conditions and your continued use of this
Web site will be conditioned upon the terms and conditions in force at the time of your use.
14. ADDITIONAL TERMS. Additional terms and conditions may apply other portions of the Web site, and you
agree to abide by such other terms and conditions.
15. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is
determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent
permitted by applicable law, and such determination shall not affect the validity and enforceability of any
other remaining provisions.
16. INTELLECTUAL PROPERTY NOTICES. All contents of the Web site are Copyright © 2010-
the Web site are the trademarks of their respective owners.
17. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to
herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any
prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be
amended or modified except in writing or by making such amendments or modifications available on this
Web site.
All Rights Reserved. ©2011. Encinitas Family Care. Site Design.