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    Terms of use

    people working around table Terms of use

    Last Revised: October 10, 2019

    Welcome to aesindiana.com, the website (“Site”) of AES Indiana. These terms of use (“Terms”) govern your use of this Site.

    Please read these terms carefully before you use this site.

    By accessing or using the Site, you agree that you have read, understand and agree to comply with these Terms.  If you do not agree with these Terms, do not access or use the Site.

    You must be the age of majority (which is typically eighteen [18] years old) in your place of residence to use this Site.  If you are under the age of majority, you must not access or use this Site.  You are responsible for any internet access, software, mobile data, or any other device or services needed to access the Site, at your own expense.

    Notice of disclaimers, limitations and arbitration; waiver of class action

    THESE TERMS CONTAIN WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND ARBITRATION PROVISIONS, INCLUDING YOUR AGREEMENT TO RESOLVE DISPUTES ARISING FROM YOUR USE OF THE SITE, THE CONTENT OR THE PRODUCTS OR SERVICES PROVIDED THROUGH THE SITE (INCLUDING THE ONLINE SERVICES THAT WE PROVIDE THROUGH THE SITE) THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS.  PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE AES INDIANA IN A CLASS ACTION LAWSUIT.

    Updates to these terms

    We will update these Terms from time to time.  Any changes to these Terms will become effective when we post the revised Terms on the Site.  We will conspicuously post material changes to these Terms on the Site or otherwise communicate them to you.  Your use of the Site following any changes means that you accept the revised Terms.

    Privacy policy 

    We may collect certain information from you when you access and use the Site as described in our Privacy Policy, which is incorporated into these Terms by this reference.  The Privacy Policy describes when we collect personal information and other types of information, how we use it and when we share it for business purposes.

    Rights in content 

    The Site contains certain Content.  The word “Content” means any and all information, materials, documents,  text, audio, sounds, music, illustrations, video, images, artwork, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, exams, tests, training materials, questions, functions, processes, other components and content, look and feel, and the design, selection, and arrangement of content, including all intellectual property rights in the foregoing.  Unless otherwise indicated in the Site, all Content is the exclusive property of AES Indiana or, licensed for use by AES Indiana.  The Content is protected under U.S. and foreign copyright, trademark and other intellectual property laws.  Use of the Site is not a grant, nor shall it be construed as a grant by implication or estoppel, of a license or any other right to the Content.  Except for the rights expressly granted to you in the next section, AES Indiana reserves all other ownership rights in the Site and Content, including all intellectual property rights.

    Use rights and restrictions; framing, copying, distributing and linking restrictions 

    AES Indiana grants users of aesindiana.com the limited right to display the visual Content only on their computer screens; play the audio Content through their computers’ 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 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 the users if they violate these Terms. AES Indiana reserves all rights and title to the Content, including that which is copied, printed or displayed.

    Other than as stated in the Terms, you may not copy, modify, frame, mirror, or distribute the Content in any form (including by e-mail or by incorporating it in another website) without written permission from AES Indiana. AES Indiana encourages you instead to direct others to aesindiana.com.

    Commercial use, broadcasting or otherwise disseminating any Content in any media without the prior written consent of AES Indiana is strictly prohibited. AES Indiana reserves the right to restrict access to this Site and add, discontinue or modify any authorizations to use the Site.

    If you wish to create a link from your home page to aesindiana.com, you may do so provided you do not use our trademarked logo for the link, and you do not state or imply that AES Indiana sponsors or endorses your Site. You must send prior written notification of your intention to link to aesindiana.com to AES Indiana at aesindianapublicaffairs@aes.com. Links to pages in this Site other than to the home page (otherwise known as deep-linking) require AES Indiana’s written permission.

    Intellectual property rights 

    The Site and Content are protected by copyright, trademark, and other intellectual property laws.  Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to AES Indiana or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

    For example, the following trademarks and service marks used in this Site are the trademarks and service marks of AES Indiana:

    • Be the Best(SM)
    • Cool Cents®
    • AES Indiana Revive a Neighborhood®
    • Revive a Neighborhood®
    • Perfect Cents®
    • The Best Definition of Power & Light®
    • The Power Behind Indianapolis®
    • Power Invest®
    • PowerView®

    To the extent a name or logo does not appear on this list, this shall not constitute a waiver of any and all intellectual property rights AES Indiana has established in any of its product or service names, slogans, or logos. 

    Use of marks 

    AES Indiana owns certain trademarks, names, logos, insignia, or service marks (“Marks”).  You do not have the right to use any AES Indiana Marks except as expressly agreed to in writing by AES Indiana.  You shall not use AES Indiana’s Marks in any manner that is likely to cause confusion. 

    In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners.  Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.

    Online conduct 

    You agree to use the Site and the Content (to the extent permissible under these Terms) only for lawful purposes.  You are prohibited from engaging in any of the following behaviors or actions when using the Site or Content or posting on or transporting through the Site:

    • any unlawful; infringing; harmful; threatening; fraudulent; libelous; abusive; harassing; defamatory; vulgar; obscene; pornographic, indecent; offensive; harmful to another person; sexually explicit; profane; hateful; racially, ethnically, or otherwise objectionable; or illegal material of any kind or the like;
    • invading the privacy of another or using the confidential or proprietary information of another;
    • using materials protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights;
    • violating any applicable international, federal, state, or local laws, rules, or regulations;
    • reproducing, distributing, transmitting, publishing, selling, posting, licensing, renting, modifying, translating, adapting, reverse-engineering, or creating derivative works of the Site or the Content without the prior written permission of AES Indiana or the applicable owner;
    • in AES Indiana’s judgment, adversely affecting the performance or function of the Site or the Content or restricting or inhibiting anyone’s use or access to the Site or the Content;
    • using any robot, spider, bot, web crawler, or other automated devices or mechanisms to access, use, gather information or copy any portion of the Site or the Content;
    • introducing any viruses, Trojan horses, worms, time bombs, cancelbots, malware, ransomware, adware, or other computer programming routines which are malicious or may damage, interfere with, surreptitiously intercept, or expropriate the Site or the Content;
    • framing or using framing techniques to enclose any portion of the Site or the Content;
    • placing false or misleading information on the Site, committing fraud or falsifying information in connection with your use of the Site, or acting maliciously against the business interests or reputation of AES Indiana or its customers;
    • recreating the Content or the Site or using the Site and Content to create a competing website;
    • harvesting email addresses, names, or other personal information of the users of the Site or to spam other users of the Site;
    • engaging in any conduct while using the Site that AES Indiana considers inappropriate, unauthorized, or contrary to the intended purpose of the Site;
    • posting any material that would be considered a criminal offense or give rise to civil liability; or
    • using the Site and Content except for its intended purposes in accordance with these Terms.

    If AES Indiana is notified of any allegedly infringing, defamatory, damaging, illegal, or offensive material provided by you, AES Indiana may investigate and in its sole discretion remove or request the removal of such material. AES Indiana may disclose any material or electronic communication of any kind and the sender of such material or communication: (a) to satisfy any legal, regulatory, or government request; (b) if AES Indiana deems such disclosure necessary or appropriate to operate this Site or AES Indiana; or (c) to protect the rights or property of AES Indiana, its parent, subsidiary and affiliate companies, third-party service providers or other Site users or third parties.

    AES Indiana reserves the right to prohibit any conduct, communication, and material on this Site in its sole discretion. However, AES Indiana cannot ensure prompt removal of questionable material after online posting. Accordingly, neither AES Indiana nor its parent, subsidiary or affiliate companies, third party service providers, or professional advisors or their officers, directors, employees, or agents shall assume liability for any action or inaction with respect to conduct, communication, or user material on this Site.

    Paying your bill 

    When you pay your bill you will be taken to a third-party website to submit your payment information.  The third-party website is operated by KUBRA and not AES Indiana.  AES Indiana does not take payment information from you directly via the Site.  AES Indiana does not receive your credit or debit card number, security code, checking/savings account number, or other credit or debit card or account information necessary to pay your bill.  However, AES Indiana does receive information necessary to facilitate the transaction and to customize and discuss your payment options with you.  AES Indiana has no responsibility or liability if your credit or debit card is declined by your financial institution.  Payments are processed by our PCI-compliant third-party payment processor, KUBRA.  If you have questions about use of your information by KUBRA, you should visit their website.  Your data is subject to KUBRA’s privacy policy and terms of use as posted on KUBRA’s applicable website.

    Making purchases via the Marketplace 

    When you purchase products through the Site’s Marketplace (for example, smart thermostats, connected home devices, LED lighting, advanced power strips, air filters, EV chargers, and water saving products), you will be taken to a third-party website.  The third-party website is operated by Uplight, our third party service provider and payment processor (“Processor”).  Processor is an affiliate of AES Indiana.  AES Indiana does not take payment information from you directly.  AES Indiana does not receive your credit or debit card number, security code, or other credit or debit card information necessary to purchase products through the Marketplace.  However, AES Indiana does receive premise, equipment, and participant information necessary to facilitate the transaction and apply applicable rebates.  AES Indiana has no responsibility or liability if your credit or debit card is declined by your financial institution.  Payments are processed by our PCI-compliant Processor.  Refunds, if available, are solely the responsibility of our third-party payment provider and are at Processor’s sole discretion.  If you have questions about use of your information by Processor, you should visit their site.  Your data is subject to Processor’s privacy policy and terms of use as posted on our Processor’s website.  YOU ARE SOLELY RESPONSIBLE, AND SHALL INDEMNIFY AND HOLD HARMLESS AES INDIANA, FOR ANY FEES OR CHARGES IMPOSED BY ANY PAYMENT PROCESSOR, CREDIT CARD COMPANY OR BANK ARISING FROM ANY PURCHASES YOU MAKE FROM AES INDIANA OR THROUGH THIS SITE.

    Your AES Indiana account; password restricted areas 

    Certain portions of the Site, such as those regarding your account information, are restricted to authorized users through the use of passwords.  You may create an AES Indiana user account through the Site by creating a user name and password (“Account”).  You will be required to provide certain personal information when registering to use the password-protected portions of the Site such as your name, phone number, email address, street address, zip code and AES Indiana account number.  You must provide truthful and accurate information when you create an Account and you must keep your Account information current.  We will treat your Account information as set forth in our Privacy Policy. It is your sole responsibility to ensure the contact information in your user profile and the information about your payment account is current and accurate. This includes, but is not limited to, name(s), address, phone number(s), e-mail address and account numbers. Changes can be made within your user profile online or by calling customer service at 800-261-8222.

    You are responsible for the activities that occur under your Account and for maintaining the confidentiality of your user name, password and Account information.  You are prohibited from sharing your Account with anyone else.  Do not share your password with anyone.  Use caution when using your Account on a shared computer or public network.  You agree to immediately notify AES Indiana of any breach, or suspected breach, of your Account by sending us an email at GlobalCybersecurity@aes.com.

    You agree to promptly notify AES Indiana 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 AES Indiana 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.  AES Indiana 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.

    You are able to make payments through your Account.  AES Indiana has contracted with Kubra, an independent third-party payment processor, to provide you with the option of using your credit/debit card or ACH payments from a bank account.  All payments initiated using the Service will be processed in accordance with Kubra’s terms, available here.

    You are responsible for all payments you authorize using the Site.  If you permit authorized users or other persons to use the Site or your password or other means to access your account, you are responsible for any transactions that they authorize.  Please contact your financial institution to report any unauthorized financial transactions.

    When you sign up for your Account, you have the option to receive SMS messages or telephone reminders with regard to your billing, power outages and similar other account related messages such as:

    (i) notice of a new bill, notice of a projected high bill, high usage alert, a reminder of a scheduled payment, a confirmation of receipt of payment, and a reminder of an upcoming due date or other similar account related messages;

    (ii) notices of an outage and estimated time for restoration, when available, restoration updates, estimated time for restoration is no longer valid, anticipated times that power will be restored, and notice of power restoration. 

     

    These notifications are for your information and assistance. However, we cannot guarantee the accuracy of these notices and you are required to confirm your billing dates and payment obligations.

    AES Indiana uses reasonable efforts to include accurate, complete and current information on this Site.  However, AES Indiana does not warrant that the content herein is accurate, complete, current or free of technical or typographical errors. It is your responsibility to verify any information before relying on it. AES Indiana reserves the right to make changes and updates to any information contained within this Site without prior notice.

    Personal information and security 

    Personal Information you enter in this Site is governed by AES Indiana’s Privacy Policy.  Personal Information is defined in the Privacy Policy.  Because the standards and laws regarding privacy are evolving, AES Indiana may change the Privacy Policy at any time without notice or obligation.  You should therefore periodically review the Privacy Policy.

    Security

    We use a variety of Web protection products including, but not limited to, firewalls, digital certificates, intrusion detection, authentication procedures and Secure Socket Layer (SSL) encryption technology to protect the security of our Site. In addition, please sign out of the interactive portion of our Site when you have finished your session.  The Site will automatically log you off of an interactive session after 10 minutes of inactivity.

    AES Indiana takes reasonable steps to protect your personal information from unauthorized parties by using secure servers when dealing with such personal information.  However, technology is not fail proof, and AES Indiana cannot guarantee the security of your personal information.  It may still be possible for an unauthorized person to gain access to your personal information notwithstanding the use of a secure server.  Therefore, please note that you enter personal information in this Site at your own risk.

    Email and other information submissions 

    Please note that information transmitted to AES Indiana via email is NOT secure and will not be treated as confidential. Although AES Indiana 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 AES Indiana 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.

    Career opportunities 

    When you browse job opportunities or apply for a job with AES Indiana, you will be taken to a third-party website to submit your resume and other materials and to apply for various career opportunities.  All such data is submitted by you directly to a third party, Workday.  AES Indiana receives job application information from Workday and uses such information only for the limited purposes of assessing your candidacy for a position with AES Indiana.  If you have questions about use of your information by Workday, you should visit their site.  Your data is subject to Workday’s privacy policy and terms of use as posted on the applicable website.

    You will not upload a resume or any other materials for any person other than yourself.  You warrant that all information contained in any resume or other materials you provide is current, accurate, and complete.  Your submission of a job application and your upload of a resume or other materials does not in any way require AES Indiana or any third party to review materials or consider you for employment.  Job opportunity descriptions on the Site are subject to change at our sole discretion without notice.

    Programs, products and rates 

    The prices and availability of programs, products, services, and rates mentioned on or made available through the Site are subject to availability, may not be available for immediate delivery, and terms not described in these Terms may apply.  AES Indiana may change the programs, products, services, and rates at any time without notice to you.  Availability of programs, products, services, and rates may be limited in certain areas.

    No warranty; warranty disclaimers

    THE SITE, INCLUDING ALL CONTENT, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND.  NEITHER AES INDIANA NOR ITS PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR THE SITE OR CONTENT.  AES INDIANA MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL DATA, INFORMATION, AND OTHER MATERIALS ON THE SITE (EXCLUDING ANY USER-GENERATED CONTENT AND THIRD-PARTY CONTENT) IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED.

    AES INDIANA MAKES NO WARRANTY THAT THE SITE OR ITS CONTENT WILL ENSURE YOU OR ANY OTHER PERSONS COMPLY WITH REGULATORY PROGRAMS.  AES INDIANA DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, SECURITY, TIMELINESS, OR AVAILABILITY OF THE SITE OR ITS CONTENT.  AES INDIANA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS.  AES INDIANA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE.

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AES INDIANA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, LIMITED OR STATUTORY, OR ARISING FROM A CUSTOM IN THE TRADE, WITH RESPECT TO THE SITE, THE  CONTENT, AND ANY GOODS AND SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, COMPLETENESS, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. AES INDIANA HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

    AES INDIANA DOES NOT WARRANT THAT ANY CONTENT WILL RESULT IN ANY PARTICULAR COMPETENCY OR THAT ANY CONTENT WILL MEET YOUR PARTICULAR NEEDS.

    WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION.  YOU ARE RESPONSIBLE FOR COMPLYING WITH THE LAWS AND REGULATIONS APPLICABLE TO YOU.

    YOUR USE OF THE SITE AND CONTENT IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.

    NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM AES INDIANA OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

    Disclaimer for electric vehicle advisor 

    This Electric Vehicle Advisor takes a variety of user inputs and makes assumptions to provide the user with the model of car that most closely matches the user’s preferences. The model of car shown by the selector will vary based on the specifics entered by the user. There is no “best” electric or hybrid vehicle. Consult a dealer or vehicle manufacturer before making purchasing decisions.

    This Electric Vehicle Advisor is for illustrative purposes only. Statistics and information for each vehicle have been provided by the vehicle’s manufacturer. AES Indiana does not represent, endorse or recommend any electric, hybrid or electric/gas vehicle. Information provided are estimates for the purpose of informing consumers of options and pricing that may be available to them. Your final price will vary. The suitability of a vehicle for the user may vary depending on the amount of miles driven, the manner in which the car is driven, how often the car is charged, cost, maintenance, and many other factors.  AES INDIANA DOES NOT GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION INCLUDED IN THE ELECTRIC VEHICLE ADVISOR, OR THE PERFORMANCE, COST, VALUE, SAFETY, RELIABILITY OR EFFICIENCY OF ANY CAR. AES INDIANA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGES OF ANY NATURE (INCLUDING DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL) ARISING IN CONNECTION WITH THE USE OF THE ELECTRIC VEHICLE ADVISOR SOFTWARE TOOL.

    Disclaimer for the fuel and emission savings calculator 

    The Fuel and Emissions Savings Calculator software tool is only intended to provide an estimate of potential savings and focuses on the vehicle usage, not household usage. This tool does not include the costs for charging equipment at the Electric Vehicle owner’s home.  Actual results will vary. Customers may not realize similar energy savings or carbon emission reductions. Vehicle data is subject to change without notice.  Calculated savings are based on the standard residential electricity rate for AES Indiana. Rates change periodically.  AES INDIANA DOES NOT WARRANT OR REPRESENT THAT THIS DATA IS ACCURATE. IN NO EVENT SHALL AES INDIANA BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO CLAIMS ASSOCIATED WITH THE ACCURACY OF THIS DATA OR INFORMATION.

    Limitation of liability

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AES INDIANA, ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, SERVICE PROVIDERS, SUPPLIERS, PROFESSIONAL ADVISORS, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, OR AGENTS  (INDIVIDUALLY, AN “AES INDIANA PARTY” AND TOGETHER, THE “AES INDIANA PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE CONTENT, OR ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THE SITE, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL INFORMATION AND OTHER INFORMATION INTO THE SITE), REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN AES INDIANA PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.

    IF YOU BECOME DISSATISFIED WITH THE SITE, THE TERMS AND POLICIES GOVERNING IT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE.  

    NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE AES INDIANA PARTIES OR THIRD PARTY PROVIDERS OF ANY CONTENT, GOODS OR SERVICES, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF USE OF THIS SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EITHER JOINTLY OR SEVERALLY, EXCEED THE DOLLAR AMOUNT OF ONE HUNDRED DOLLARS ($100).  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

    The foregoing provisions of this section are for the benefit of the AES Indiana Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf.

    Indemnification

    YOU WILL INDEMNIFY, DEFEND (AT AES INDIANA’S REQUEST), AND HOLD HARMLESS THE AES INDIANA PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH:  (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SITE OR THE CONTENT; (B) YOUR ORDER OF AND PARTICIPATION IN PROGRAMS, PRODUCTS, AND SERVICES THROUGH THE SITE; (C) YOUR VIOLATION OF ANY APPLICABLE INTERNATIONAL, FEDERAL, STATE OR LOCAL LAWS, RULES OR REGULATIONS; (D) ANY ACTIVITY OCCURRING UNDER YOUR ACCOUNT; (E) YOUR SUBMISSION OF USER-GENERATED CONTENT; (F) YOUR MISUSE OF ANOTHER PERSON’S PERSONAL INFORMATION; (G) YOUR INFRINGEMENT OR MISAPPROPRIATION OF AES INDIANA’S OR ANY THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS; (H) THE PAYMENT METHODS PROVIDED FOR PURCHASES MADE BY YOU; OR (I) YOUR VIOLATION OF THESE TERMS.  WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

    Resolving disputes with AES Indiana - arbitration 

    Both parties agree to resolve any disputes arising under these Terms, the Privacy Policy or relating to the Site through binding arbitration, on an individual basis, as set forth below.

    Waiver.  YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY.  YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST AES INDIANA IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING.

    In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to AES Indiana’s right to appeal.

    Good faith discussions. You and AES Indiana must first attempt to resolve any dispute by good faith discussions or email.  If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.

    Rules. You and AES Indiana agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”).  The Rules can be found at:  https://www.adr.org/Rules.  You and AES Indiana agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.

    Initiating a claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator.  If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.

    Arbitrator. Arbitration shall be before one (1) arbitrator who shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site, including as to the enforceability and/or formation of this agreement to arbitrate made between you and AES Indiana.

    Location. You agree that arbitration shall take place exclusively in Marion County, Indiana.  However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details).  Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.

    Time limit. Any claim by you arising in connection with the Site, goods and services purchased through the Site, these Terms or the Privacy Policy must be commenced by you within one (1) year of the dispute giving rise to the claim. 

    Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third party except as required by law.  The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.

    Changes to this Agreement to arbitrate. If AES Indiana modifies this arbitration provision, you may reject that change by sending AES Indiana written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account.

    The arbitrator’s decision. The arbitrator’s decisions and judgment will be final and binding on the parties, but will have no precedential effect.  The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.

    Costs and expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.

    Exceptions. Notwithstanding anything to the contrary in this Section, you and AES Indiana each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.

    DMCA policy 

    We respect the intellectual property rights of others and we ask that you do the same.  In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Site upon learning of the situation.  It is our policy to terminate repeat infringers’ use of the Site.  If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:

    • A description of the copyrighted work(s) that you claim have been infringed;
    • A description of the allegedly infringing material with enough detail so that we may locate it on the Site, such as a screenshot of the allegedly infringing material;
    • Information sufficient to permit us to notify the alleged infringer;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    • A statement by you that:  “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
    • Your email address, telephone number, and mailing address;
    • An electronic or physical signature of a person authorized to act on behalf of the copyright owner; and
    • You must send your notice to our DMCA Agent at the following address:

    AES Indiana
    One Monument Circle
    Indianapolis, IN  46204
    Phone: 317-261-3438
    Email: aesindianapublicaffairs@aes.com

    Your notice must meet the then-current requirements implemented by the DMCA.  

    Third-party websites, content and intellectual property rights 

    Third-party websites. As a convenience to our customers, AES Indiana includes some links to websites that are owned and operated by third parties (“Third-Party Sites”), not AES Indiana. Since AES Indiana is not an agent, partner, sales representative or distributor for the owners or operators of these Third-Party Sites, AES Indiana is not responsible nor liable for the privacy practices, Content or transactions of Third-Party Sites. Inclusion of a link to a Third-Party Site on AES Indiana’s website does not imply AES Indiana’s endorsement of that Third-Party Site or the third party Content, goods, and services. AES Indiana is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any Third-Party website or any programs, products, or services made available through those websites.   You bear all risks and responsibilities associated with your use of Third-Party Sites and third party Content, goods and services.

    Use of any information you provide to or on these Third-Party Sites is governed by the privacy policy of the operator of those sites. Therefore, you should read that Third Party Site’s privacy policy and terms of use whenever you visit. Please take care when leaving the Site to visit a Third-Party Site.  Third parties might use your data and personal information differently than AES Indiana.

    We reserve the right to change or discontinue, without prior notice, any link or program involving a Third-Party Site.

    Third-party content.  The Site contains third-party content for your convenience (“Third-Party Content”).  The presence of Third-Party Content does not mean that AES Indiana endorses the Third-Party Content, has reviewed the Third-Party Content, or that there is any association between AES Indiana and any third party.  You access Third-Party Content at your sole risk.  AES Indiana has no responsibility for any Third-Party Content.

    Nothing in these Terms grants you any rights to any Third-party Content.

    Social media pages. Links to AES Indiana’s social media pages (e.g., Facebook, Twitter, Instagram, LinkedIn) (“Social Media Pages”) can be found on the Site footer.

    AES Indiana’s Social Media Pages are intended to provide a place for you to learn more about AES Indiana.  We look forward to an open and honest dialogue with you on our Social Media Pages, but since anyone can post on Social Media Pages, posts do not necessarily reflect the views of AES Indiana.

    We may or may not review Content you post on our Social Media Pages.  We will remove anything that we deem offensive, inappropriate, or inconsistent with the vision of AES Indiana posted on our Social Media Pages.  We may work with third-party service providers of the Social Media Pages to block users who are being offensive, abusive, disruptive, or otherwise violating these Terms or any applicable laws.

    If AES Indiana follows, likes, re-tweets, favorites, shares, re-posts, or does any other similar action to any user’s content on its Social Media Pages, that is not an endorsement of that third party or any product, service or company they represent.

    YOU AGREE TO HOLD AES INDIANA HARMLESS AND WITHOUT LIABILITY FOR THE RESULTS OF ANY AND ALL CONTENT YOU POST TO AES INDIANA’S SOCIAL MEDIA PAGES, INCLUDING THIRD PARTY REPOSTS OF YOUR USER-GENERATED CONTENT.

    Notice to parents

    The areas of this Site, if any, that are aimed at children do not ask for any personal information. All on-line forms and transactions on this site are intended only for persons 18 years of age and older.

    Governing law

    AES Indiana operates this Site from its offices in Indianapolis, Indiana. AES Indiana makes no representation that the Content, goods and services on or available through this Site are appropriate or available for use in other locations, or to individuals or entities outside of AES Indiana’s service territory.

    These Terms are entered into in the State of Indiana and shall be interpreted, construed and governed by the laws of the State of Indiana, without reference to its laws relating to conflicts of law.

    The venue for all disputes arising under these Terms or resulting from a Site visitor’s access or use of the Site shall lie exclusively in the State and Federal Courts located in Indianapolis, Indiana, and you hereby consent to the personal jurisdiction of such courts. Any cause of action you may have with respect to this Site, its Content, or any third party goods and services must be commenced within one (1) year after the claim or cause of action arises.

    Termination

    If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content.  In addition, AES Indiana may suspend or terminate your Account or your access to the Site or Content, in whole or in part, temporarily or permanently, for any reason in AES Indiana’s sole discretion, with or without notice to you.

    Discontinuing the site or any content. AES Indiana reserves the right to modify, or temporarily suspend or discontinue this Site or any Content, in whole or in part, at any time in its sole discretion for any reason.  AES Indiana 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 or its Content.

    Effect of termination. If AES Indiana suspends or terminates the Site or your Account, AES Indiana has no obligation to provide any data or information to you so you are advised to back-up any important information.  AES Indiana may continue to use and/or store certain information and data about you and your Account after termination of your Account, including Personal Information.  In the event the Site or your Account is terminated, you remain obligated to pay AES Indiana any outstanding fees, and you consent to the automatic charging of your chosen payment method on file for any outstanding fees owed by you at termination, without further notice to, or consent from, you.

    No liability for suspension or termination. AES Indiana shall not be liable to you or anyone else for any damages arising from or related to AES Indiana’s suspension or termination of your Account, your access to the Site (in whole or in part) or the Content, or in the event AES Indiana modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).

    General provisions 

    Cooperation with law enforcement. AES Indiana will cooperate with law enforcement if you are suspected of having violated applicable laws.  YOU WAIVE AND HOLD AES INDIANA AND ITS REPRESENTATIVES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

    Assignment. We may assign our rights and delegate our duties under these Terms at any time, in whole or in part, to any party without notice to you.  You may not assign your rights or delegate your duties under these Terms without our prior written consent and any such assignment is void.  These Terms inure to the benefit of AES Indiana’s successors and assigns.

    Compliance with laws. Visitors to aesindiana.com and Account users shall at all times comply with all applicable international, federal, state and local laws, rules and regulations regarding the use of this Site or the Content.

    Third-party beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and AES Indiana, except that our parent, subsidiary and affiliate companies are third-party beneficiaries of these Terms.

    Interpretation. These Terms, including our Privacy Policy, are the entire agreement between you and AES Indiana with respect to your access to and use of the Site and Content.

    No waiver. AES Indiana’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision.  Any waiver of any provision of these Terms will be effective only if in writing and signed by AES Indiana and shall not be construed as a waiver or relinquishment to any extent of AES Indiana’s right to assert or rely upon any such provision or right in that or any other instance.

    Severability. If any provision of these Terms is held invalid, illegal, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.  The remaining provisions shall be separately enforced to the maximum extent permissible so as to effect the intent of these Terms

    Headings. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.  

    Electronic communications. These Terms and any other documentation, agreements, notices, or communications between you and AES Indiana may be provided to you electronically to the extent permissible by law.  AES Indiana may provide notices to you by using any contact information provided by you or through your Account, or by posting such notices to the Site.  Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

    Feedback. If you submit comments, questions or feedback to us regarding the Site, they will not be considered or treated as confidential.  We may use any comments, questions and feedback that you send us in our discretion and without attribution or compensation to you.

    Other terms. Your use of this Site is subject to the additional disclaimers and notices that may appear throughout the Site, and any other agreements between AES Indiana 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, represents the entire understanding between you and AES Indiana regarding your use of this Site, and supersedes any prior statements or representations.

    Contact us 

    Please direct any notices, or questions and concerns regarding these Terms to us at the following:

                AES Indiana
                Attn: Public Affairs, 8th Floor
                1 Monument Circle
                Indianapolis, IN 46202
                aesindianapublicaffairs@aes.com

     

     

    Copyright © 2011-2021 Indianapolis Power & Light Company.  All rights reserved.

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