TERMS AND CONDITIONS OF USE
Alliant Energy Integrated Services Company
EnergyTrax® Web Site
TERMS AND CONDITIONS OF USE AND NOTICES
AGREEMENT BETWEEN SUBSCRIBER AND
ALLIANT
ENERGY INTEGRATED SERVICES COMPANY
This Web site is offered to you (“Subscriber”) conditioned
on your acceptance without modification of the terms, conditions and notices
contained herein. Your use of this Web
site constitutes your agreement to all such terms, conditions, and
notices.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement for disclosures relating to the
collection and use of your information.
SUBSCRIBER ACCOUNT, PASSWORD, AND SECURITY
As a Subscriber, you will have access to this secured site
via a user name and password. Alliant
Energy Integrated Services Company will not release this information to any
party without written approval from Subscriber. It is your responsibility to keep this information secure and
Alliant Energy Integrated Services Company can not be held responsible for any
damages, implied or otherwise, as a result of the release of this information.
MODIFICATION OF THESE TERMS OF USE
Alliant Energy Integrated
Services Company reserves the right to change the terms, conditions, and
notices under which this Web site is offered.
You are responsible for regularly reviewing these terms and conditions
and additional terms posted on the Web Site.
Your continued use of the EnergyTrax® Web site constitutes your
agreement to all such terms, conditions and notices.
USE LIMITATION
You may not modify, copy,
distribute, transmit, display or perform, reproduce, publish, license, transfer
or sell any information, products or services obtained from the EnergyTrax® Web
site. In addition, you may create any
derivative works from the Web site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your
use of the EnergyTrax® Web site, you may not use the Services provided for any
purpose that is unlawful or prohibited by these terms, conditions and notices.
You may not use the Web site
or Services in any way that could damage, disable, overburden or impair any Web
site Service or interfere with any other party’s use and enjoyment of it. You may not attempt to gain unauthorized
access to the Web site, other accounts, computer systems or networks connected
to this Web site through hacking, password mining or by any other means.
LIABILITY DISCLAIMER
THE INFORMATION INCLUDED ON THE ENERGYTRAX® WEB SITE,
INCLUDING ANY SERVICES AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES OR
IMPROVEMENTS TO THE SITE OR SERVICES MAY BE MADE PERIODICALLY, RESULTING IN
CHANGES TO THE WEB SITE AND INFORMATION CONTAINED HEREIN. ADVICE RECEIVED VIA THE ENERGYTRAX® WEB SITE
OR SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR ADVICE
PERTAINING TO THOSE ISSUES.
ALLIANT ENERGY INTEGRATED SERVICES COMPANY AND/OR ITS
RESPECTIVE SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES MAKE
NO REPRESENTATION ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND
ACCURACY OF THE
INFORMATION CONTAINED WITHIN THE ENERGYTRAX® WEB SITE FOR ANY PURPOSE
WHATSOEVER.
ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. ALLIANT ENERGY INTEGRATED SERVICES, ITS
SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YOU SPECIFICALLY CONSENT AND AGREE THAT ALLIANT ENERGY
INTEGRATED SERVICES COMPANY SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS OR
ALTERATION OF YOUR TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED,
OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN
ENERGYTRAX® WEB SITE. YOU SPECIFICALLY
AGREE THAT ALLIANT ENERGY INTEGRATED SERVICES COMPANY IS NOT RESPONSIBLE FOR
ANY CONTENT SENT USING AND/OR INCLUDED IN THE ENERGYTRAX® WEB SITE BY ANY THIRD
PARTY.
IN NO EVENT SHALL ALLIANT ENERGY INTEGRATED SERVICES
COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOS OF USE, DATA
OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE ENERGYTRAX® WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES OR GRAPHICS
OBTAINED THROUGH THE ENERGYTRAX® WEB SITE, WHETHER BASED ON CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ALLIANT ENERGY
INTEGRATED SERVICES COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
ENERGYTRAX® SITE OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE AND SERVICES.
TERMINATION/ACCESS RESTRICTION
Alliant Energy Integrated
Services Company hereby reserves the right to terminate your access to the
EnergyTrax® Web site or any portion thereof at any time.
NO SPAM
Alliant Energy Integrated Services Company shall immediately terminate any account that it believes, in
its sole discretion, is transmitting or is otherwise connected with any spam or
other unsolicited bulk e-mail.
GOVERNING LAW
The laws of the State of
Wisconsin, U.S.A, govern this Agreement. You hereby irrevocably consent to the exclusive jurisdiction and venue
of courts and Dane County, Wisconsin, U.S.A. in all disputes arising out of or
relating to the use of the EnergyTrax® Web site.
INDEMNITY
You agree to indemnify
and hold Alliant Energy Integrated Services Company, its parents, officers,
directors, employees, agents and affiliates harmless from any and all claims,
demands, damages, losses, liabilities or costs (including reasonable attorneys
fees) asserted by any third party due to or arising out of your use of or
conduct on the EnergyTrax® Web site.
COMPLIANCE WITH LAWS
Alliant Energy Integrated
Services Company’s performance of this Agreement is subject to the existing
laws and legal process, and nothing contained herein is in derogation of
Alliant Energy Integrated Services Company’s right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the
EnergyTrax® Web site or information provided to or gathered by Alliant Energy
Integrated Services Company with respect to such use.
SEVERABILITY/ENTIRE AGREEMENT
If any part of this
Agreement is determined to be invalid or unenforceable pursuant to applicable
law including but not limited to, the warranty disclaimer and limitations of
liability set forth above, then the invalid or unenforceable provision shall be
deemed superseded by a valid enforceable provision that most closely matches
the intent of the original provision, and the remainder of this Agreement shall
remain in effect.
This Agreement constitutes the entire agreement between
the user and Alliant Energy Integrated Services Company with respect to use of
the EnergyTrax® Web site or Services and shall supersede all prior or
contemporaneous communications and proposals, whether electronic, oral or
written between the parties.
A printed version of this Agreement shall be admissible in
judicial or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form.
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