TERMS OF USE
Welcome to APS Energy Services Company, Inc. (APSES) and thank you for visiting
APSES.com (the Site). These Terms of Use (the Agreement) contain the terms and conditions
that govern your use of this Site. APSES reserves the right to change this Agreement
at any time, without notice or liability, by updating the posting of this Agreement
on this Site.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ENTER THE SITE. By using this Site,
you agree to be legally bound by the terms and conditions of this Agreement current
at the time of your use. Therefore, you should periodically review this Agreement.
If you do not wish to be bound by this Agreement, you may not use this Site.
The word "Content" as used in this Agreement means any and all information, data,
software, content, materials, documents, text, photographs, audio, video, sounds,
music, illustrations, graphics, logos, functions, processes and the like that are
available on, in or through this Site.
AGREEMENT INDEX
Contact Information
Disclaimers and Limitation of Damages
Rights in Content
Trademark Notice
Framing, Copying, Distributing and Linking Restrictions
Personal Information and Security
Password Restricted Areas
Notice to Parents
Links to Other Sites (Third Party Sites)
e-Mail and Other Information Submissions
Online Conduct
Policy on Infringement Claims
Governing Law
General Provisions
Contact Information
This Site is owned and operated by APSES. Please direct any questions or comments
you have concerning the Site or this Agreement to infomanager@apses.com; or call
(602) 744-5000 in the
Disclaimers and
Limitation of Damages
ALL CONTENT ON THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT
ANY WARRANTY WHATSOEVER.
AS TO THE CONTENT AND OPERATION OF THIS SITE, AND ANY GOODS AND SERVICES OBTAINED
THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE, APSES
HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM
CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, COMPLETENESS, NON-INFRINGEMENT
OF THIRD PARTY RIGHTS AND TITLE.
APSES DOES NOT WARRANT THAT THE CONTENT AND OPERATION OF THIS SITE WILL BE UNINTERRUPTED
OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, ITS CONTENT OR
ANY SERVER USED TO OPERATE THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APSES, ITS
PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER
RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) IN CONNECTION WITH, OR IN
ANYWAY ARISING OUT OF, THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT, OR ANY
GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON
OR THROUGH THIS SITE, EVEN IF APSES IS ADVISED OF THE POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THIS SITE, OR THE TERMS, CONDITIONS OR POLICIES
GOVERNING THIS SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Notwithstanding the foregoing, in no event shall the total liability of APSES, its
parent, subsidiaries, affiliates, employees, agents, insurers, licensors, or third
party providers of Content, goods or services, for all damages, losses and causes
of action arising out of use of this Site, whether in contract, tort, including
negligence, or otherwise, either jointly or severally, exceed the dollar amount
of One Hundred Dollars ($100). The foregoing provisions of this section are for
the benefit of APSES, its parent, subsidiaries, affiliates, employees, agents, insurers,
licensors, and third party providers of content, goods or services, and each shall
have the right to assert and enforce the provisions directly on their own behalf.
Rights in Content
Unless otherwise indicated in the Site, all Content is the property of, or licensed
to, APSES and is protected under
Unless otherwise indicated in this Site, APSES grants you the limited right to display
the visual Content only on your computer screen, play the audio Content through
your computer's audio components, copy the Content to the limited extent necessary
for such display, and, on an occasional basis, to print and store the visual Content
for your personal, noncommercial use, provided that all copyright notices located
on the visual Content appear on the printed and stored versions. This limited right
automatically terminates without notice to you if you breach this Agreement. APSES
reserves all rights and title to all Content, including that which is copied, printed
or displayed.
Trademark Notice
The following trademarks and service marks used in this Site are the trademarks
and service marks of APS Energy Services Company, Inc. To the extent a name or logo
does not appear on this list does not constitute a waiver of any and all intellectual
property rights APS Energy Services Company, Inc. has established in any of its
product or service names, slogans or logos.
Advanced Solution HomeŽ
Current AdvantageŽ
MyEnergyProSM
NorthwindTM
All other trademarks and service marks used in this Site are the trademarks and
service marks of their respective owners.
Framing, Copying,
Distributing and Linking Restrictions
Other than as stated in this Agreement, you may not copy, modify, frame, mirror,
or distribute the Content in any form (including by e-mail or by incorporating it
in another web site) without written permission from APSES. APSES encourages you
instead to tell others about the Site and direct them to the Site.
Commercial use, broadcasting or otherwise disseminating any Content in any media,
without the prior written consent of APSES, is strictly prohibited. For example,
you may not post any Content from the Site to news groups, list serves or electronic
bulletin boards, or copy, transcribe, redistribute, retransmit or rebroadcast any
Webcasts or other audio Content, in all or in part. APSES reserves the right to
restrict access to this Site and add, discontinue or modify any authorizations to
use the Site.
You may create a hypertext link to the home page of this Site provided you do not
use our trademarked logo for the link, and you do not state or imply that APSES
sponsors or endorses your site. Please send APSES prior written notification of
your intention to link to our Site. Links to pages in this Site other than to the
home page (otherwise known as deep-linking) require APSES' written permission.
Personal Information
and Security
Personal information you enter in this Site is governed by APSES' Privacy Policy.
By use of this Site, you acknowledge that you have read and agree to this Privacy
Policy. Because the standards and laws regarding privacy are evolving, APSES may
change the Privacy Policy at any time without notice or obligation. You should therefore
periodically review the Privacy Policy.
APSES takes reasonable steps to protect your personal information from unauthorized
parties by using secure servers when dealing with such information. However, technology
is not fail proof. It may be possible for an unauthorized person to gain access
to your information notwithstanding the use of a secure server. Therefore, please
note that you enter information in this Site at your own risk.
Password Restricted
Areas
Certain areas of our site, such as those regarding your customer information, are
restricted to authorized users through the use of passwords. If we grant you authorization
by way of a password to use a restricted area, you agree that you are responsible
for maintaining the confidentiality of your password and account information. You
agree to notify APSES if your password is stolen, lost or disclosed to an unauthorized
third party, or if the password otherwise may have been compromised. You also agree
to immediately notify APSES of your knowledge of any unauthorized use of your account
or any other breach of security in relation to the Site. Unauthorized users who
access, or attempt to access, the restricted areas may be subject to prosecution.
APSES reserves the right, in its sole discretion, to terminate your access to this
Site and the restricted areas of the Site at any time without notice.
Notice to Parents
The areas of this Site, if any, that are aimed at children do not ask for any personally
identifying information. All on-line forms and transactions made available on the
Site are intended only for, and may only be accessed by, persons 18 years of age
and older.
Links to Other Sites
(Third Party Sites)
Some links on our Site will take you to web sites that are not owned and operated
by APSES, but are owned and operated by third parties (Third Party Sites). APSES
is not an agent, partner, sales representative or distributor for the owners or
operators of these Third Party Sites.
When you visit Third Party Sites, you will be subject to the privacy policy and
terms of use that are posted on that Third Party Site. We encourage you to review
the Third Party Site's privacy policy and terms of use whenever you visit these
sites.
Although these Third Party Sites offer content, goods or services (Third Party Goods
and Services) that we believe may be of value to APSES customers, APSES provides
these links only as a convenience and APSES' inclusion of a link to a Third Party
Site does not imply APSES' endorsement of that Third Party Site, or the Third Party
Goods and Services. APSES reserves the right to change or discontinue, without prior
notice, any link or program it has with such Third Party Sites.
The purchase of any Third Party Goods and Services arising from or related to your
visit to any Third Party Site is solely between you and the third party owning or
operating the Third Party Site, and APSES shall have no obligation regarding any
such transaction. APSES does not represent or warrant the correctness, validity,
accuracy, or reliability of any Third Party Sites or Third Party Goods and Services.
You bear all risks and responsibilities associated with your use of Third Party
Sites and Third Party Goods and Services, and you agree that APSES shall not be
directly or indirectly liable for any damages that arise from your use of Third
Party Sites or Third Party Goods and Services.
e-Mail and Other
Information Submissions
While we appreciate receiving e-mail from our Site visitors, please note that information
transmitted via e-mail is not secure and will not be treated as confidential. Although
APSES takes reasonable precautions to ensure no viruses are present in e-mails it
sends and receives, we advise you to use up-to-date virus scanning software on your
computer to further reduce the risk of encountering a virus. Please note that APSES
accepts no responsibility or liability for any loss or damage arising from the use
of e-mail or their attachments, or for any viruses or errors or delays in the contents
that result from e-mail transmissions.
Online Conduct
You agree to use this Site only for lawful purposes. As such, you are prohibited
from posting on or transmitting through this Site any unlawful, infringing, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable or illegal material
of any kind. If APSES is notified of any allegedly infringing, defamatory, damaging,
illegal, or offensive material provided by you, APSES may investigate and in its
sole discretion remove or request the removal of such material. APSES may disclose
any material or electronic communication of any kind and the sender of such material
or communication (a) to satisfy any law, regulation, or government request; (b)
if APSES deems such disclosure necessary or appropriate to operate this Site or
APSES; or (c) to protect the rights or property of APSES, its parent, subsidiaries,
affiliates, suppliers, other Site users or third parties.
APSES reserves the right to prohibit your conduct, communication, and material on
this Site that it deems in its sole discretion to be harmful or that violates any
applicable law. Notwithstanding the foregoing, APSES cannot ensure prompt removal
of questionable material after online posting. Accordingly, neither APSES, nor its
parent, subsidiaries, affiliates, officers, directors, employees, suppliers or agents
shall assume liability for any action or inaction with respect to conduct, communication,
or user material on this Site.
Policy on Infringement
Claims
APSES will process and investigate proper notices of alleged copyright or other
intellectual property infringement related to the Content on this Site and will
respond in accordance with the applicable laws, regulations and APSES policies regarding
such notices. If you believe that any Content accessible through this Site infringes
your copyright, you should send written notice of alleged copyright infringement
to APSES' designated agent for such notices:
Kris Fenex
Law Department
Pinnacle West Capital Corporation
Fax: (602) 250-3393
E-mail: kris.fenex@pinnaclewest.com
Any notice of claimed copyright infringement must satisfy all of the requirements
set forth in 17 U.S.C. Section 512(c)(3), including, but not limited to, identifying
with detail reasonably sufficient to permit APSES to locate the Content claimed
to be infringing. Upon sufficient notice of a claimed infringement, APSES will act
expeditiously to remove, or disable access to, the Content claimed to be infringing.
Also, APSES will take reasonable steps to promptly notify the person responsible
for the Content that we have removed or have disabled access.
If APSES receives a sufficient counter notification from the person responsible
for the Content you claim is infringing, APSES will provide you a copy of the counter
notification. Also, APSES will inform you that, in ten (10) business days, APSES
will replace, or cease disabling access to, the material or activity claimed to
be infringing unless you first provide APSES' Designated Agent written notice sufficient
to show that you are seeking a court order to restrain the responsible party from
engaging in the copyright infringement you believe has occurred on this Site.
Governing Law
APSES operates this Site from its offices in the state of
This Agreement is entered into in the State of
General Provisions
APSES' failure to require or enforce strict performance of any term or condition
of this Agreement or to exercise any right under this Agreement shall not be construed
as a waiver or relinquishment to any extent of APSES' right to assert or rely upon
any such provision or right in that or any other instance.
In the event any portion of this Agreement (including any portion of any agreement
that is referenced by, in or to this Agreement) is found to be illegal or unenforceable,
that portion shall be severed from the Agreement, and the remaining terms shall
be separately enforced to the maximum extent permissible so as to effect the intent
of this Agreement.
Visitors to this Site shall at all times comply with all applicable laws, rules
and regulations that may apply to visitor's use of this Site.
APSES reserves the right to modify or, temporarily or permanently, discontinue this
Site with or without notice to you. You agree that APSES shall not be liable to
you or any third-party for any damage or loss caused or alleged to be caused by
or in connection with the modification or discontinuance of this Site.
Your use of this Site is subject to the additional disclaimers and notices that
may appear throughout the Site, and any other agreements between APSES and you regarding
information available on, in or through this Site. This Agreement, including all
other documents, disclaimers, agreements and notices referenced herein and in the
Site, represent the entire understanding between you and APSES regarding your use
of this Site, and supersedes any prior statements or representations. You agree
to be bound to this Agreement by your use of the Site.