Effective Date: June 2022
If you are unwilling to accept these terms, then you agree that you will not use or access the Website. Please feel welcome to contact us if you have any questions or concerns regarding these Terms.
ASSUMPTION OF RISK
When you access or use the Website, proceed to other websites linked to the Website, or interact with the Website in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including, but not limited to, the loss or corruption of data.
ADULT USAGE ONLY
The Website is intended for persons who are of the age of majority and able to enter legally binding contracts without any right of rescission. Accordingly, in using the Website, you represent, warrant, and agree that you are at least eighteen (18) years or older.
USE OF THE WEBSITE
The Website is provided as a service of MRO. All features, content, products, and information on the Website are subject to change at any time without notice.
You may not in any way reproduce, publicly display, perform, distribute, or otherwise use any of the information or materials displayed on or available through the Website for any public or commercial purpose. You may not create any derivative work of the Website or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Website.
The design of the Website and all trademarks, logos, trade names, documents, databases, graphic representations, content, and other material displayed on or available through the Website are the property of MRO or used by MRO with permission. Such material is protected by copyright, trademark, and other laws, whether a notice of copyright, trademark, or other proprietary rights appears on the screen displaying the information. Such material may not be used by you except as permitted in these Terms or with prior written permission of MRO, as provided below.
Users of the Website may save and use information contained on the Website only for personal or other non-commercial, educational purposes. If you wish to use information contained on the Website for any other purpose, you must provide a request by contacting us through the information provided at the end of these Terms.
Notwithstanding the foregoing, content of the Website that is otherwise publicly available may be used, reproduced, and redistributed provided the contents are not modified and you maintain all copyright and other notices contained in the content, including this Agreement.
Some portions of the Website may be restricted and require authorization for access. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored, and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on the Website. If you are not an authorized user of such areas, you should not attempt to access such areas. Furthermore, to attempt to ensure the integrity and the security of the Website, MRO may monitor, intercept, record, and search any communications or data transiting or stored through the Website. At MRO’s sole discretion, MRO may disclose pertinent information to appropriate governmental entities to protect the security of critical infrastructure and key resources, ensure information security, or to comply with any applicable law, regulation, legal process, or enforceable governmental request.
ACCURACY OF INFORMATION
MRO attempts to ensure that information on the Website is complete, accurate, and current. Despite such efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. MRO makes no representation or warranty as to any information on the Website. Information, opinions, or recommendations (if any) presented within the Website are for general informational purposes only. Such information should not be considered professional advice and is not intended to replace consultation with a qualified professional. The information contained on the Website is for general information purposes only and it does not address any particular compliance, monitoring and enforcement matter. Unless specifically stated otherwise, MRO does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned on the Website, and information from the Website should not be referenced in any way to imply such approval or endorsement.
Links or pointers connecting the MRO Website with other Internet sites are provided as a courtesy only and do not imply, directly or indirectly, MRO’s endorsement, sponsorship, or approval of the linked site, the organization, or individual operating the site, or any product, service or organization referenced in the site. In general, any site that has an address (or URL) that does not contain “MRO.net” is a linked site. The content of any linked site does not necessarily reflect the opinions, standards, or policies of MRO. Any use of a linked site is solely at your risk. MRO assumes no responsibility or liability for the accuracy or completeness of content contained in any linked site or for the compliance with applicable laws of such linked sites.
Additionally, you agree not to:
You agree to cooperate in any governmental investigation regarding your use of the Website. You further agree that you will adhere to all applicable laws, rules, and regulations. You also agree not to access the Website by any means other than through the interface provided by MRO.
The Website may contain comment areas, questionnaires, letter-writing tools, personal profiles, message boards and other electronic discussion groups, and other interactive features that allow users to submit, publish, display, transmit to others, or otherwise post content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with these Terms, including, in particular, the Content Standards set forth below.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contributions on the Website, you grant MRO and each of its licensees, successors, and assigns a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual license to reproduce, distribute, transmit, modify, disclose, display, perform, or create derivative works of or collective works containing any User Contributions by all means and in any media now known or hereafter developed for any use or purpose. MRO has no liability related to the content of any User Contributions, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. MRO retains the right to remove any User Contribution that includes any material we deem inappropriate or unacceptable, in our sole and absolute discretion.
You represent and warrant that:
MRO is not responsible or liable to any third party for the content or accuracy of any User Contributions.
The foregoing content standards apply to any User Contribution and use of the Website, including any interactive features. User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
BREACH OF TERMS
MRO reserves the right to cancel or terminate your use of the Website (including, but not limited to, your use of all webpages, applications, platforms, services, and other content contained within, related to, distributed on, or available through the Website) if, in its sole and absolute discretion, you have breached, or it reasonably believes you breached these Terms or any other obligation to MRO. Without limiting the forgoing, you agree that all the following may be considered a material breach of your obligations under these Terms: (1) your failure to abide by any provision of these Terms, or (2) your communication of inaccurate information. If one of the above-listed events occurs, we may provide you with a written notice describing the breach. You recognize, understand, and agree, however, that we are not obligated to send any notice of default and may immediately suspend or terminate your services or other use of the Website without notice.
You acknowledge that MRO will be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of the Website and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that MRO shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of the Website.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MRO EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE WEBSITE AND ANY RELATED SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MRO MAKES NO WARRANTY, GUARANTEE, OR REPRESENTATION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO, OR USE OF, THE WEBSITE WILL BE UNINTERRUPTED, SECURE, COMPLETE, ACCURATE, OR ERROR FREE). IN ADDITION, THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ITSELF IS NOT WARRANTED OR GUARANTEED. YOUR USE OF THE SERVICES AND THE INFORMATION ACCESSED ON OR THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE ACCURACY AND COMPLETENESS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY (CONTRACT, WARRANTY, TORT, OR OTHERWISE) WILL MRO (OR ITS EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, REPRESENTATIVES, CONSULTANTS AND SUBCONTRACTORS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES INCURRED BY YOU AND IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING, WITHOUT LIMITATION, YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY DAMAGES YOU MAY INCUR IN CONNECTION WITH ANY DECISION MADE, ACTION, OR INACTION, TAKEN BY YOU OR ANY OTHER PARTY, IN RELIANCE UPON THE INFORMATION ON OR AVAILABLE THROUGH THE WEBSITE, OR FOR THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF SUCH INFORMATION, OR FOR ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY PART OF THE INFORMATION OR SERVICES), EVEN IF ADVISED OF SUCH DAMAGES. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, MRO (AND ITS EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, REPRESENTATIVES, CONSULTANTS AND SUBCONTRACTORS) SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION, THROUGH THE WEBSITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA, OR PROPERTY.
RIGHT TO REFUSE SERVICE & TERMINATION OF SERVICES
MRO, in its sole and absolute discretion and without any liability to it, reserves the right to refuse service to any person or entity, and to take any and all action reasonably necessary to present any unauthorized access or use, including but not limited to monitoring the internet sites and blocking access.
You acknowledge and agree that we may terminate or block your use of the Website (including use of all webpages, applications, platforms, services, and other content contained within, related to, distributed on, or available through the Website) without prior notice for any reason, including, without limitation, if you are in default of any payment obligations or if we believe you have engaged in conduct prohibited by these Terms. You agree that, upon termination or discontinuance for any reason, we may delete all information related to you, and may bar your access to and use of Website (including use of all webpages, applications, platforms, services, and other content contained within, related to, distributed on, or available through the Website).
We reserve the right to perform maintenance whenever we consider it reasonably necessary. Maintenance is generally scheduled for off-peak hours. MRO shall not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of God, natural disaster, labor strike or shortage, or any other condition that is outside of its control.
These Terms and your obligations continue to apply to you even if you are no longer using the Website.
REPORTS OF ABUSE
If you have any reason to believe that content on the Website violates any law, that any user of the Website is using it to violate the law, or that any user is violating these Terms, you may inform MRO in writing about the facts and circumstances of the alleged abuse or violations using the contact information at the end of these Terms.
We may, but are not obligated to, conduct an investigation into the allegations. We reserve the right to remove accounts, content, or postings that we, in our sole and absolute discretion, believe is offensive, illegal, or otherwise inappropriate.
RETENTION OF RECORDS
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. MRO shall not, under any circumstances, be liable to you for your failure to retain necessary records, and its retention or non-retention of records will not act to alleviate your duty under the law.
NOTICES AND COMMUNICATION
Notices that you send to MRO must be delivered via first class mail to the following address at the end of these Terms. You may also send MRO notices via email, so long as you place “LEGAL NOTICE” in the subject line of the email. You authorize MRO to send any notices to you based on your provided information. MRO shall not be responsible if you fail to keep your contact information current.
INDEMNIFICATION & DUTY TO DEFEND
As a user of the Website, you agree to release, indemnify, defend, and hold harmless MRO and all of its agents, employees, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings, or demands and all liabilities, claims, damages, losses, costs, and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under violations of these Terms, your submissions to the Website, your use of the Website (including services), or your alleged violation of any rights of another. This indemnification provision will not affect or impair any person’s right to lawfully pursue claims against other users of the Website for their alleged violations of the law. This indemnification provision is in addition to any other rights or remedies MRO may have at law or in equity.
You agree that MRO has the right to participate in the defense of any claim asserted against it. You also agree that MRO will be entitled to retain a counsel of its own choosing at your cost. You further agree to notify MRO of your knowledge of any claim against it. You agree to cooperate fully during any such proceeding.
CHOICE OF LAW, JURISDICTION, AND VENUE
These Terms are governed under the laws of the state of Minnesota, without regard to its conflicts of law provisions. Any transaction that occurs through the Website is deemed to have occurred in the state of Minnesota.
If any controversy or dispute between or involving MRO were to arise out of or in connection with these Terms, or the Website, the parties shall attempt to resolve such dispute in a prompt manner and in good faith. You agree that any claim, dispute, action, or litigation arising out of or relating to these Terms or the Website will be brought and maintained exclusively in the state or federal courts located in Ramsey County, Minnesota. Similarly, you agree and irrevocably submit to the jurisdiction of the state or federal courts located in Ramsey County, Minnesota, for the purpose of any litigation as set forth above. You expressly waive any objection of venue and jurisdiction, including, but not limited to, any argument that such litigation has been brought in an inconvenient forum.
These Terms are personal to you, and you may not assign, transfer, or delegate your rights or obligations hereunder. MRO, on the other hand, may assign, transfer or delegate its rights or obligations hereunder at any time.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by MRO in exercising any right, power, or privilege under these Terms will operate as a waiver. Similarly, MRO’s election to not assert its rights under these Terms will not preclude it from asserting its rights in the future.
If any provision of these Terms were to be held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions will be unaffected. If any provision in these Terms would be legal, enforceable, or valid if the provision were more narrowly drawn, the offending provision will be interpreted so as to give maximum effect to the originally drafted provision.
The headings in these Terms are for convenience only. The heading of any section will not affect the interpretation of any provision of these Terms.
All inquiries regarding these Terms shall be addressed to:
Office of General Counsel
Midwest Reliability Organization, Inc.
380 St. Peter Street
Saint Paul, Minnesota 55102
651-855-1760 (Main Office)
These Terms may be updated from time to time. MRO reserves the right to modify these Terms at any time without notice and, thus, encourages you to review these Terms in a frequent manner. When changes are made to these Terms, we will revise the “Effective Date” shown at the top of these Terms. If we make any material changes in the way we collect, use, or share your personal information, we will also post notice of the changes on the Website or may notify you by sending an e-mail. Your continued use of the Website after we have posted any changes to these Terms indicates your agreement to the changes. If you wish to retain a copy of these Terms, you should print a copy for your records.