PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your use of Elevate Energy’s Power Smart Pricing website (the “Website”) is expressly conditioned on your acceptance of the following terms and conditions. By using the Website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website.
1. OWNERSHIP. Except for items in the public domain, the information and all other materials comprising the Website (collectively, the “Materials”), are wholly owned by (or licensed to)Elevate Energy and/or its content providers. The Website contains copyrighted material, trademarks, and other proprietary information. Elevate Energy owns a copyright in the selection, coordination and arrangement of the Website. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of Elevate Energy or such other party that may own the Materials.
2. USE OF WEBSITE. Except for your non-commercial personal use, the Website may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the Website and/or the Materials may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
By uploading or otherwise submitting a file or other information (”Contribution”) to the Website, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to Elevate Energy a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, view, print and display the Contribution for that user’s personal use.
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are financially responsible for all uses of the Website by you and those using your login information.
4. ACCOUNT ACCESS. You agree that you are solely responsible for maintaining the integrity of your online account access UserID and Password. You further agree to only establish online account access for your own account(s) or for those accounts to which you have been granted expressed permission to access. Elevate Energy is not liable for damages or losses incurred by either the account owner or the user in the event that a user establishes account access to an account which is not his/hers and for which he/she has not been granted permission to access by the account owner.
6. NO WARRANTIES AND LIMITATION OF LIABILITY. Your use of the Website is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files, data or other material (including software) obtained through the Website. Elevate Energy strives to ensure the accuracy of the information presented on the Website, however due to various circumstances, including, but not limited to, delays caused by postal handling, upgrades and/or changes to Ameren Corporation’s bill and payment processing system there may be variances between the information available on the Website and your actual bill and payment information, energy usage history or other statistical data. For this reason, neither Elevate Energy nor any of its affiliates, subsidiaries, business units, content providers can guarantee the accuracy, truthfulness or reliability of any information provided on or by means of the Website.
THE WEBSITE AND THE CONTENT PROVIDED THEREON IS PROVIDED “AS IS”, AND NEITHER Elevate Energy NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by Elevate Energy or any of its affiliates, subsidiaries, business units, content providers, agents, or the like shall create any warranty. Neither Elevate Energy nor any of its content providers, agents, or the like warrants that access to, or use of, the Website will be uninterrupted, virus free, or error-free, or that the Website (including, without limitation, any content on the Website) will meet any particular criteria of performance or quality. Elevate Energy, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT Elevate Energy KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE. FURTHERMORE, Elevate Energy, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE.
7. LIMITATION OF LIABILITY. Elevate Energy and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Website, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Elevate Energy has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, Elevate Energy and all of its affiliates, subsidiaries, business units, content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
The provisions of this Section 6 and Section 5 above represent a reasonable allocation of the risks under this Agreement. Elevate Energy’s willingness to allow you to use the Website reflects this allocation of risk and the limitations of liability specified herein.
8. INDEMNIFICATION. You agree to indemnify Elevate Energy and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys’ fees), and/or damages arising out of claims based upon your use of the Website including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
9. LINKS. The Website may contain links to websites operated by parties other than Elevate Energy. Such links are provided for your reference only. Elevate Energy does not control such websites and is not responsible for their contents. Elevate Energy makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Website’s inclusion of links to other websites does not imply Elevate Energy’s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
10. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Illinois, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Cook County, the state of Illinois, United States of America, in all questions and controversies arising out of your use of this Website and this Agreement.
11. NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Elevate Energy nor the trade practice shall modify any provision of these Terms and Conditions.
12. MODIFICATION. Elevate Energy may at any time modify these terms and conditions and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.
13. ADDITIONAL TERMS. Additional terms and conditions may apply other portions of the Website, and you agree to abide by such other terms and conditions.
14. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
15. INTELLECTUAL PROPERTY NOTICES. All contents of the Website are Copyright © 2007 Elevate Energy and/or its suppliers. All rights reserved. Product and company names mentioned in the Website are the trademarks of their respective owners.
16. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website.