Terms and Conditions

Note: Our Terms and Conditions have changed. By continuing to use this Site, you agree to be bound to these New Terms and Conditions.

Welcome to the NW Natural Smart Energy Web site ("Site"). Please read these terms and conditions carefully before using this Site. Your use of this Site constitutes acceptance of, and your agreement to be bound to, these terms and conditions. If you do not wish to be bound by these terms and conditions, you may not continue to use this Site.

User Conduct. By using this Site, you agree not to:

1. Use this Site for any illegal or unauthorized purpose;

2. Use this Site to violate any laws in your jurisdiction;

3. Reproduce or redistribute Site content without written permission;

4. Disclose any confidential, proprietary, or trade secret information;

5. Post comments that are off-topic, offensive, denigrating, or otherwise objectionable;

6. Impersonate someone else, or otherwise misrepresent an affiliation with a person or entity;

7. Advertise to, or solicit, any user to buy or sell any products or services.

Proprietary Rights. Unless otherwise indicated, all of our Site content is the property of or licensed to Northwest Natural Gas Company and is protected under U.S. and Foreign copyright, trademark, and other intellectual property laws.

We grant you the limited right to display our Site content only on your computer screen, to copy the content as reasonably necessary in connection with such display, and to print and store the content for your personal, noncommercial use, provided that all copyright or other proprietary rights notices appear on the printed and stored versions. You will not distribute, publish, transmit, modify, create derivative works from, or in any way commercially exploit any of the content for any purpose. This agreement gives you no rights in the content, products, services, processes, or technology contained in our Site. All such rights are retained by Northwest Natural Gas Company and any third-party owners of such rights. You may not "frame" or "mirror" any content or portion of our Site on any other server, without our prior written permission.

Comments to posts at the Smart Energy Blog will be submitted by Site users who are not affiliated with NW Natural. In such cases, the submitting user retains ownership of the content in the comment. By submitting a comment, you grant NW Natural the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the comment (in whole or part) worldwide, and to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.

Removal of Copyright-Infringing Content. NW Natural will act expeditiously to remove, or disable access to, any material that has been identified as infringing another's copyright. NW Natural will terminate access to users who have been identified as repeat infringers.

To provide notice of an infringement to NW Natural ("Takedown Notice"), send a written notice to

MardiLyn Saathoff
NW Natural
220 NW 2nd Avenue
Portland, OR 97209
503-220-2410
mys@nwnatural.com

("Designated Agent") with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If NW Natural has removed your content from the Site due to a Takedown Notice, you may provide NW Natural with a counter notification by sending a written notice to NW Natural's Designated Agent with the following information:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which NW Natural may be found, and that you will accept service of process from the person who provided the Takedown Notice or an agent of such person.

NW Natural reserves the right to remove user-generated content at its sole discretion, so providing a counter notice to NW Natural does not guarantee that your content will be published.

Modifications. We may modify the content of our Site from time to time.

Termination. We reserve the right to terminate your access to our Site, or any portion of it, at any time, without notice. Any breach of this agreement will result in termination of your right to use our Site. Upon termination you are no longer authorized to access or use our Site, and the restrictions imposed on you with respect to downloaded material, and the disclaimers and limitations of liability set forth in this agreement, will survive termination.

Links. Our Site may contain links and pointers to Internet sites maintained by third parties. We do not operate or control such sites or any information, products, or services provided on such sites. Third-party links are included solely for your convenience, and do not constitute an endorsement by us. You assume sole responsibility for use of third-party links, and the disclaimer and limitation of liability provisions set forth in this agreement are applicable for your use at such third-party sites. We do not monitor or approve the privacy or security practices of such Sites; you access and use them at your own risk.

Disclaimer. OUR SITE AND ALL CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXTS, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN OUR SITE, OR THE RESULTS OBTAINED FROM ACCESSING OR USING OUR SITE. WE DO NOT WARRANT THAT THE CONTENT OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RISKS OF USE OF OUR SITE.

Limitation of Liability. In no event will Northwest Natural Gas Company, its affiliates or licensors be liable for any special, incidental, or consequential damages, however caused, whether for breach of warranty, contract, or tort (including negligence, strict liability or otherwise).

Indemnity. You agree to indemnify and hold Northwest Natural Gas Company, its officers, directors, agents, and employees from and against all claims, damages, and expenses, including attorneys' fees, arising out of any information, message, content, or materials uploaded, posted, distributed, or transmitted to or through our Site by you, or otherwise arising out of your use of our Site.

Privacy. Please read our complete Privacy Policy for information on how we respect your personal information.

Notice to Parents. The areas of this Site, if any, that are aimed at children do not ask for any personally identifying information. All online forms and transactions available on our Site are intended only for, and may be accessed only by, persons 18 years of age or older.

Arbitration and Disputes. Any controversy or claim arising out of or relating to the use of this Site shall be settled by mediation or arbitration. If a dispute arises out of or relates to the use of this Stie, and if the dispute cannot be settled through negotiation, Sponsor and participant agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. If the matter is not resolved within 60 days after initiation of mediation, then, upon notice by either party to the other, the dispute shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Disputes shall be resolved individually, without resort to any form of class action. Jurisdiction for all disputes shall be Multnomah County, Oregon.

Attorneys' Fees, Costs and Expenses. If you violate these Terms and Conditions and although no Proceeding (as hereinafter defined) has been filed, if NW Natural retains the services of an attorney to interpret or enforce any rights arising under or related to this Agreement, NW Natural shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs and expenses (altogether, "Fees and Expenses") actually incurred and reasonably necessary in connection therewith.  Upon the initiation of any suit, action, arbitration, dispute resolution or other proceeding of any nature whatsoever concerning any rights arising under or related to this Agreement, including without limitation any trial, appeal or any insolvency proceeding whether under the U.S. Bankruptcy Code or otherwise (altogether, any "Proceeding"), the prevailing party (as determined under ORS 20.077) shall be entitled to recover from the losing party its Fees and Expenses actually incurred and reasonably necessary in connection therewith.  In construing or interpreting this Section, it is the intention of the parties that this Section be given a broad construction so that it applies regardless of whether any violation has been identified, and regardless of whether any declaratory relief or damages are based in contract, tort or any other theory.  By way of example only, in the event of any insolvency proceeding in which a party hereto is the debtor, the nondebtor party shall be entitled to recover Fees and Expenses incurred in connection with retaining an attorney to monitor the insolvency proceeding and interpret or enforce the rights of the nondebtor party, including but not limited to the filing of a proof of claim.

Governing Law. The rights and liabilities of the parties arising out of or relating to this agreement will be governed by the laws of the State of Oregon, any litigation will be conducted exclusively in state or federal courts in Multnomah County, Oregon, and you consent to personal jurisdiction of such courts.

General Provisions. This agreement will be deemed to include all other notices, policies, disclaimers, and other terms contained within or applicable to particular portions of our Site or services offered; provided however, that in the event of a conflict between such other terms and these terms and conditions, these terms and conditions will control. NW Natural reserves the right to modify the Terms at any time by posting the modified terms to the Site. Your continued use of the Site following modification of the Terms constitutes acceptance of the Terms. If any portion of this agreement is found to be unenforceable, the remaining provisions will be enforced to the full extent permitted by law.

Contact. Please direct questions regarding these terms and conditions or the content of our Site to our Web Master.

Last Modified 8/5/09