Terms and Conditions
By using the Site, you agree to be bound by the following terms and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. In addition, you agree to indemnify the Board of Directors for Utilities of the Department of Public Utilities of the City of Indianapolis, as successor trustee of a public charitable trust, and to the extent any aspect of the Services relates to the Wastewater System, as trustee in furtherance of the public charitable trust for the Wastewater System, doing business as Citizens Energy Group (“Citizens”) against any and all claims by third parties arising out of your use of the Site in violation of these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you are not permitted to use the Site.
You should assume that everything that you read or see on the Site, including all files, images, text, software, and data, is copyrighted or otherwise protected and owned by Citizens or some third party who licensed to Citizens the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Terms and Conditions of Use or with the prior written approval of Citizens.
Permission is given to view, copy, print, and distribute individual pages from this Site subject to the following conditions:
- This material may be used only for informational, non-commercial purposes in learning about or evaluating Citizens' products and services. Our customers may use the forms, applications and literature that we have provided on this Site for such personal or internal use.
- You may establish a hypertext link to the homepage of the Site from your Internet web site so long as the page containing the link properly attributes the linked site to Citizens and does not in any way imply Citizens' sponsorship of your site. However, you may not, without obtaining Citizens' written permission, republish, redistribute or otherwise make any copies, of the materials on the Site, as a part of the link, including by framing or similar means, or otherwise.
No other use of the material within this Site or portion thereof is permitted without the express written consent of Citizens. This grant of permission is not a transfer of title, and under this permission you may not:
- use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
- remove any copyright, or other proprietary notations from the materials;
- modify, reverse-engineer, disassemble, redistribute, republish, upload, or re-use any of the text, graphics, or other materials on the Site without Citizens' prior written permission; or
- transfer the materials to another person or "mirror" the materials on any other server.
We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.
Content and Liability Disclaimer
Citizens uses reasonable efforts to include accurate, complete and current information on this Site, however, Citizens 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. Citizens reserves the right to make changes and updates to any information contained within this Site without prior notice.
Some restrictions apply to products and services. Some products and services are not available in all markets - check with a Citizens Representative.
Access to, and use of, this Site and the content thereof is at the risk of the user. We have provided links to certain other World Wide Web sites solely for your convenience, and Citizens is not responsible for the content of any other sites. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms and other items of a destructive nature.
ALL MATERIAL ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
CITIZENS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. COMPANY MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL CITIZENS OR ITS AFFILIATES, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES HAVE ANY LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
United States Only
All materials on this Site are provided solely for the purpose of promoting Citizens' operations and products in the United States, and its territories and possessions. We make no representation that the materials on the Site are appropriate or available for use in other locations. If despite these conditions, you use the Site from outside the United States, you are solely responsible for compliance with any applicable local laws.
Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by Citizens. The use or misuse of any of these marks or other information is strictly prohibited.
Dispute Resolution and Governing Law
The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms and Conditions promptly by negotiations between executives who have authority to settle the controversy. If the parties conclude, after a good faith attempt to resolve the dispute, that amicable resolution through continued negotiation of the matter at issue does not appear likely, the parties agree to consider alternative methods of dispute resolution, such as arbitration, before beginning formal proceedings for the judicial resolution of such dispute. These Terms and Conditions and all matters relating thereto will be deemed to have been entered into in the State of Indiana and will be governed under the law of Indiana (without giving effect to the principles governing conflicts of law). Subject to the Dispute Resolution section of these Terms and Conditions, the exclusive jurisdiction for any litigation required to resolve any disputes under these Terms and Conditions will be in the state and federal courts of Indiana, and each of the parties consents to the jurisdiction of such courts in Indiana and waives objection to venue.
Consent to Monitoring
Citizens is under no obligation to monitor the material residing on or transmitted to this server. However, anyone using this server agrees that Citizens may monitor the server contents periodically to: (1) comply with any necessary laws, regulations or other governmental requests; (2) operate the server properly or to protect itself and its users. Citizens reserves the right to modify, reject, or eliminate any material residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of the law or these terms and conditions. Citizens systems and applications with access control may be used ONLY by authorized users. User processing activities will be monitored for administrative and security purposes. Anyone using these systems or applications expressly consents to such monitoring and to the use of any evidence of unauthorized access, use or modification for criminal prosecution.
Termination of This Agreement
Citizens may terminate this agreement at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of this agreement, or we may terminate this agreement for its convenience. You may terminate this agreement at any time by destroying all materials received from the Site and ceasing to use the Site.