EEI Training - Edison Electric Institute - Developed in conjunction with Skadden, Arps, Slate Meagher & Flom LLP
Request a demo



Anti-Market Manipulation
Standards of Conduct
Reliability

Copyright and Policy Statement

COPYRIGHT STATEMENT

The set of electronically linked documents that you are currently viewing or reading over the Internet/World Wide Web belong to or were created, posted or otherwise made available by or with the permission of EEI. The contents of all such material located at or available on this Internet site, however referred to (such as EEI's Demo-Site, Web page, Web site, site, etc.) are copyrighted by EEI unless otherwise indicated. Copyright is not claimed as to any part of an original work prepared by a United States federal or state government officer or employee as part of that person's official duties. All rights are reserved by EEI, and no content located at or available on this site may be reproduced, downloaded, disseminated, published, or transferred, in any form or by any means, except with the prior written permission of EEI.

TERMS AND CONDITIONS OF USE

2006 Edison Electric Institute. All Rights Reserved.

1. ACCEPTANCE OF TERMS: The Edison Electric Institute ("EEI") provides users with access to, and use of, the EEI Anti-Market Manipulation Training promotional site located at http://training.eei.org/info ("EEI Demo-Site"). The Terms and Conditions of Use ("Agreement") containing the terms, conditions, notices and agreements below (collectively, "Terms") govern your use of the EEI Demo-Site. In the event of any conflict between any one or more provisions in the Terms and in any other document or agreement between EEI and you related to a specific product or service offered on or through the EEI Demo-Site, the provision in the Terms shall govern.

The EEI Demo-Site is offered to you conditioned solely upon your acceptance of the Terms without modification or reservation. Any and all rights not expressly granted in the Terms are expressly reserved by EEI. PLEASE READ THE TERMS VERY CAREFULLY! Your use of the EEI Demo-Site means you agree to all of the Terms and agree to them without modification or reservation.

2. DEFINITIONS: There are several words that are used in this Agreement that have a specific meaning in the Agreement. The words defined in this section shall have the following meanings in this Agreement, unless to do so would be contrary to the clear intent of the Agreement:

A. "Advertisers": Means any person, corporation, or any other entity in whatever form that places an advertisement(s) on the EEI Web Site.

B. "Information" or "INFORMATION": Means the editorial content and graphics on the EEI Web Site and/or the List Server, as well as the computer programs used to generate the pages on the EEI Web Site and/or the List Server.

C. "Terms": Means the terms, conditions, and notices in the Agreement.

D. "you", "your" and "user": Means all individuals and/or entities in whatever form accessing or using the Service for any reason.

3. TRADEMARK AND COPYRIGHT PROTECTIONS: EEI is the owner of all intellectual property rights (including copyrights, service marks, and trademarks) in, on, and to the EEI Demo-Site. Material published by EEI on the EEI Demo-Site may contain other proprietary notices or describe products, services, processes or technologies owned by EEI or third parties. Nothing in the Terms or through the use of the EEI Demo-Site shall be construed as granting you a license to use such material under any copyright, service mark, trademark, patent or other intellectual property right of EEI or any third party, except as expressly set forth and granted in the Terms.

It is strictly prohibited to delete or alter any copyright, service mark, trademark, or other proprietary notices on or from the EEI Demo-Site. You must retain all copyright, service mark, trademark, and other proprietary notices contained on the EEI Demo-Site on any copy you make of the Information.

The EEI name and logo are trademarks and/or service marks of EEI. All related product and service names, design marks and slogans are the trademarks or service marks of EEI, as are the "look" and "feel" of the EEI Demo-Site (including color combinations, layout, design and all other graphical elements). All other product, service marks, and trademarks contained on the EEI Demo-Site are the property of their respective owners.

All Information on the EEI Demo-Site, as well as the computer programs used to generate pages, and the EEI Demo-Site are protected by any and all U.S. and international copyright, service mark, and trademark treaties, laws, regulations, and rules and may not be copied or used without the express written permission of EEI, which reserves all rights. Re-use of any of the Information for any purpose is strictly prohibited without EEI's prior written permission. Please contact jcriscuolo@eei.org in order to request permission.

4. LIMITED LICENSE AND USE: You are granted a non-exclusive, non-assignable and non-transferable license to use the EEI Demo-Site only under the Terms. You are authorized to view and download a single copy of the Information solely for your personal, noncommercial use.

This license is not a sale of any of the respective intellectual property owner's rights. The EEI Demo-Site may be used only by you and you may not rent, lease, lend, sub-license, or transfer the EEI Demo-Site or any data residing on it or any of your rights under the Terms to anyone else. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Information or Content contained in the EEI Demo-Site. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of the EEI Demo-Site. You may not transfer to or store any data residing or exchanged using the EEI Demo-Site in any electronic network for use by more than one user unless you obtain prior written permission from EEI. Please contact jcriscuolo@eei.org to request permission.

5. USER RESPONSIBILITIES: The EEI Demo-Site may be used only for lawful purposes. As one of the conditions of your use of the EEI Demo-Site, you represent, warrant and agree that you shall not use (or plan, encourage or help others to use) the EEI Demo-Site for any purpose or in any manner that is prohibited by the Terms, or by applicable laws, regulations, rules or ordinances, including any export controls. It is your responsibility to ensure that your use of the EEI Demo-Site complies with the Terms and to request prior written permission from EEI for any uses not permitted or expressly specified in the Terms. Please contact jcriscuolo@eei.org to request permission.

EEI accepts no responsibility for the opinions and information posted on the EEI Demo-Site by others. You acknowledge that the security mechanisms of the EEI Demo-Site have inherent limitations, and you are solely responsible for determining if the use of the EEI Demo-Site sufficiently meets your needs.

6. SPECIFIC PROHIBITED USES: While using the EEI Demo-Site, you shall not do any of the following:

A. Post or transmit any incomplete, false, or inaccurate information.

B. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity in whatever form.

C. Post or transmit any Content.

D. Delete any attributions, legal notices or proprietary designations or labels.

E. Delete or revise any material posted by EEI.

F. Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, such as opinions or notices, commercial or otherwise.

G. Post or transmit any Content that contains a virus or corrupted data.

H. Use any device, software, or routine to interfere with the proper operation of the EEI Demo-Site or any activity being conducted on the Service.

I. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising, creating, or in any way making up a part of the EEI Demo-Site.

J. Violate any applicable international, national, state, or local law, regulation, rule, ordinance, or treaty.

7. LINKS TO OTHER WEB SITES: The EEI Demo-Site contains hyperlinks or other connections to web sites owned and/or operated by parties other than EEI. You understand, acknowledge, and agree that EEI does not control these web sites and is not responsible, nor shall be liable (directly or indirectly) for them, including, but not limited to, their availability, their content or any viruses they may contain. The inclusion of any hyperlinks or connections to web sites operated by parties other than EEI does not in any way directly or indirectly imply any endorsement of the material on them or any association with their owners or operators.

8. ACCURACY OF MATERIAL: You understand and acknowledge that material and software published on the EEI Demo-Site, including hyperlinks, may include inaccuracies, typographical errors and/or out-of-date material. You understand, acknowledge, and agree that EEI is not responsible for, nor shall it be liable (directly or indirectly) for any inaccuracies, typographical errors and/or out-of-date material. Further, you also understand and acknowledge that material and software on the EEI Demo-Site may be changed or revised from time to time without notice.

9. WEB SECURITY RULES: Users are prohibited from directly or indirectly violating or attempting to violate the security of the EEI Demo-Site, including, without limitation,

A. accessing data not intended for the user or logging into a server or account which such user is not authorized to access,

B. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,

C. attempting to interfere with service to any user, host or network, including, without limitation, using any means, including overloading, "flooding", "mailbombing" or "crashing",

D. sending unsolicited e-mail, including promotions or advertising of any products or services, or

E. forging any TCP/IP packet header or any part of the header information in any e-mail sent from within or to the Service.

Violations of the EEI Demo-Site or network security may result in civil or criminal liability. EEI will investigate occurrences that may involve violations of the use of the EEI Demo-Site and may contact and/or cooperate with law enforcement authorities in prosecuting users or any other person or persons who are involved in any violations of the use of the EEI Demo-Site.

10. INDEMNIFICATION: You agree to indemnify and hold EEI harmless from and against all claims, losses, damages, injuries, awards, and liability - together with the costs, expenses, and reasonable attorneys' fees in connection therewith - resulting from, arising out of, or in any way connected to your use of the EEI Demo-Site, your violation of the Terms or your responsibilities, your breach or misrepresentation of any of your warranties or representations, or your violation of any rights of any person.

11. INFORMATION PRIVACY: EEI does not guarantee that any personal information posted or transmitted will be prevented from being viewed or used by any particular person.

12. DISCLAIMER OF WARRANTIES: YOUR USE OF THE EEI DEMO-SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EEI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

EEI MAKES NO WARRANTY THAT (a) THE EEI DEMO-SITE WILL MEET YOUR REQUIREMENTS, (b) THE EEI DEMO-SITE, THE INFORMATION SPECIFICALLY AND/OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, COMPLETE, USEFUL,OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EEI DEMO-SITE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EEI DEMO-SITE WILL MEET YOUR EXPECTATIONS, REQUIREMENTS, AND/OR SPECIFICATIONS, (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, AND (f) MATERIAL ACCESSIBLE FROM THE EEI DEMO-SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MECHANISMS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EEI DEMO-SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EEI OR THROUGH OR FROM THE EEI DEMO-SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST EEI AS THE PROVIDER OR HOST OF, OR ANY IN OTHER CAPACITY RELATED TO, THE EEI DEMO-SITE FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON THE EEI DEMO-SITE OR FOR ANY OTHER REASON.

YOUR SOLE REMEDY FOR ANY OF THE FOREGOING IS TO STOP USING THE EEI DEMO-SITE.

13. LIMITATIONS OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT EEI SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EEI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED TO: (a) THE USE OR THE INABILITY TO USE THE EEI DEMO-SITE (OR ANY HYPERLINKS), OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, WHETHER THE CONTENT IS ERROR-FREE, ACCURATE AND/OR CURRENT; (b) ANY OTHER MATTER RELATING TO EITHER THE SERVICE SPECIFICALLY OR THE INTERNET GENERALLY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.

14. EXCLUSIONS FROM LIABILITY LIMITATIONS: SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE, SOME OF THE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU. FURTHER, IF ANY EXCLUSIONS OR LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN EEI 'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES TO ANY ONE PERSON SHALL BE LIMITED TO THE LESSER OF YOUR COST TO USE THE EEI DEMO-SITE OR U.S. $100.00.

15. COMPLIANCE AND COOPERATION WITH LAW ENFORCEMENT: You understand and agree that EEI shall comply with and/or otherwise cooperate with international, national, state or local law enforcement officials or authorities relating to your use of the EEI Demo-Site.

16. ENTIRE AGREEMENT: The Terms represent the entire agreement between us, and our respective heirs, successors and assigns, and supersede any and all prior understandings, statements, or representations, whether electronic, oral or written, regarding the EEI Demo-Site or Information on the EEI Demo-Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

17. MODIFICATIONS OF THE TERMS: EEI shall have the right to modify any one or more of the Terms at any time and from time to time without prior notice. The Terms on the EEI Web Site are the current applicable provisions that govern your use of the Service. By using the Service, you have agreed to and accepted all of the Terms without modification or reservation.

18. TERMINATION: EEI shall have the right to terminate your use of the EEI Demo-Site for any reason at any time without prior notice.

19. WAIVER: A waiver of any obligation or right under the Agreement shall not be effective unless in writing executed by the party against whom it is being enforced, and shall not be construed as a waiver of any other obligation or right under the Agreement.

20. ENFORCEMENT: The Terms shall be governed by federal law and the laws of the District of Columbia. You consent to the exclusive jurisdiction and venue for any action or dispute in the local and federal courts located in the District of Columbia, United States of America.

21. EQUITABLE RELIEF: You acknowledge that monetary damages may not be a sufficient remedy for the breach of the Agreement and that EEI shall be entitled without waiving any other rights or remedies, to such injunctive or equitable relief, as may be deemed proper by a court of competent jurisdiction. You hereby agree that in the event of a breach or threatened breach of the Agreement by you, it will not be necessary to prove monetary damages and irreparable harm will be presumed.

22. PROHIBITION ON USE: The use of the EEI Demo-Site is unauthorized in any jurisdiction that does not give effect to all of the Terms. EEI makes no claims or representations that the EEI Demo-Site may be lawfully viewed or downloaded outside of the United States of America. Access to the Information may not be legal by certain persons or in certain countries. If you access the EEI Demo-Site from outside of the United States of America, you do so at your own risk and are responsible for compliance with the laws, regulations, rules and any other requirements (in whatever form) of your jurisdiction.

23. SEVERABILITY: The Terms in the Agreement are severable and shall be construed to the extent of their enforceability in light of the parties' mutual intent if deemed at all unenforceable by a court of competent jurisdiction.

24. SUCCESSORS AND ASSIGNS: You agree that your heirs, successors and assigns shall be bound by the Terms in the Agreement.