Last Updated: August 21, 2014
Alliant Energy reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in its sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email, posting a notice on the Site and/or by posting the revised Terms to the Site and updating the “Last Updated” date above. Your continued use of the Site will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site.
If you have any question regarding the use of the Site, please contact Alliant Energy by emailing firstname.lastname@example.org.
2. Eligibility, Registration and Account
You represent and warrant that you are at least 18 years old, or, if you are not 18 or older, that you will use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
In order to access certain areas and features of our Site, you will need to register for an account. You agree not to create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. You further agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify Alliant Energy if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
3. Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Alliant Energy logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Alliant Energy or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-transferable, non-exclusive license to access and use the Site Materials; provided, however, that such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) of any portion of the Site Materials, except as expressly permitted on the Site; or (f) any use of the Site Materials other than for its intended purpose. Any use of the Site Materials other than as specifically authorized herein, without the prior written permission of Alliant Energy, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
“Alliant Energy,” the Alliant Energy logos and any other Alliant Energy product or service name or slogan contained on the Site are trademarks of Alliant Energy, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Alliant Energy or the applicable trademark holder. You may not use any metatags or any other hidden text utilizing “Alliant Energy” or any other name, trademark or product or service name of Alliant Energy without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Alliant Energy and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Alliant Energy names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-transferable, non-exclusive license to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray Alliant Energy or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited license may be revoked at any time. You may not use the Alliant Energy logo or other proprietary graphic of Alliant Energy to link to this Site without the express written permission of Alliant Energy. Further, you may not use, frame or utilize framing techniques to enclose any Alliant Energy trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Alliant Energy’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, or proprietary right of Alliant Energy or any third party.
6. Third-Party Content and Advertisements
Alliant Energy may provide third party content on the Site and may provide links to web pages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. Alliant Energy does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Alliant Energy makes no claim or representation regarding, and is not responsible or liable in any manner for, any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk. When you leave the Site, you should be aware that our terms and policies no longer govern, and the policies of any third parties who operate the Third-Party Content will apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.
Alliant Energy may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Alliant Energy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions.
You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Alliant Energy, the Site or our products and services (collectively, “Submissions”). Submissions, whether posted to the Site or provided to Alliant Energy by email or otherwise, are non-confidential and shall become the sole property of Alliant Energy. Alliant Energy shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
8. Forward-Looking Statements; Financial Disclosures
(a) Forward-Looking Statements. The Site, and any documents and other information issued and made available through the Site by Alliant Energy, or its utility subsidiaries, Wisconsin Power and Light Company (“WPL”) and Interstate Power and Light Company (“IPL”), may contain statements that constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. These statements can be identified by words such as “may,” “believe,” “anticipate,” “expect,” “intend,” “plan,” “project,” “will,” “projections,” “business outlook,” “estimate” or other words or expressions of similar import. Similarly, statements that describe future financial performance or plans or strategies are forward-looking statements. These forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those expressed in, or implied by, the statements. Actual results could be materially affected by the following factors, among others: federal and state regulatory or governmental actions; IPL’s and WPL’s ability to obtain adequate and timely rate relief to allow for, among other things, the recovery of operating costs, fuel costs, transmission costs, deferred expenditures, capital expenditures, and other costs, and earning their authorized rates of return; weather effects on results of utility operations including impacts of temperature changes in IPL’s and WPL’s service territories on customers’ demand for electricity and gas; the impact of the economy in IPL’s and WPL’s service territories and the resulting impacts on sales volumes, margins and the ability to collect unpaid bills; issues related to the availability of generating facilities and the supply and delivery of fuel and purchased electricity and the price thereof, including the ability to recover and to retain the recovery of purchased power, fuel and fuel-related costs through rates in a timely manner; issues associated with environmental remediation and environmental compliance, future changes in environmental laws and regulations, and litigation associated with environmental requirements; impacts that storms or natural disasters in IPL’s and WPL’s service territories may have on their operations; the effects resulting from terrorist incidents, including physical attacks and cyber-attacks; continued access to the capital markets on competitive terms and rates, and the actions of credit rating agencies; current or future litigation, regulatory investigations, proceedings or inquiries; unplanned outages, transmission constraints or operational issues impacting fossil or renewable generating facilities; and employee workforce factors, including changes in key executives, collective bargaining agreements, work stoppages or restructurings. For more information about potential factors that could affect Alliant Energy’s business and financial results, please review Alliant Energy’s, WPL’s and IPL’s most recent Annual Report on Form 10-K filed with the Securities and Exchange Commission (“SEC”), available via the SEC website, including the section therein titled “Risk Factors,” and the companies’ other filings with the SEC. Except as may be required by law, Alliant Energy does not intend, and undertakes no duty, to update this information to reflect future events or circumstances.
(b) Press Releases. The information contained within press releases issued by Alliant Energy, WPL or IPL should not be deemed accurate or current except as of the date the release was posted. The companies’ have no intention of updating, and specifically disclaim any duty to update, the information in any press release, except to the extent required by law.
(c) Third-Party Financial Information. Alliant Energy may provide links to third-party websites or services that contain financial or investment information about Alliant Energy, WPL or IPL. Access to such websites and the information contained therein is provided as a service to those interested in the information. Alliant Energy neither regularly monitors nor has control over the content of any third party’s statements or websites. Accordingly, Alliant Energy does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst’s reports and stock quotes. Alliant Energy makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information. Users visit these websites and use the information contained therein at their own risk.
You agree to defend, indemnify and hold harmless Alliant Energy, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of, or conduct in connection with, the Site; (b) any Submission you provide; (c) your violation of these Terms; or (d) your violation of any rights of another.
Except as expressly provided to the contrary in a writing by Alliant Energy, the site materials are provided on an “as is” basis without warranties of any kind, either express or implied. Alliant Energy disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the site materials, including the information, content and materials contained therein. Alliant Energy does not represent or warrant that the site materials are accurate, complete, reliable, current or error-free. Alliant Energy does not represent or warrant that the site or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software and best practices to detect and disinfect viruses from any download.
11. Limitation of Liability
To the maximum extent permitted by law, in no event shall Alliant Energy, its directors, members, employees or agents be liable for any special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use any site materials, including without limitation any damages caused by or resulting from reliance by you on any information obtained from Alliant Energy, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Alliant Energy’s records, programs or services. In no event shall the aggregate liability of Alliant Energy, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site materials or to these terms exceed one hundred U.S. dollars ($100.00).
Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
12. Modifications to the Site
Alliant Energy reserves the right to modify or discontinue, temporarily or permanently, the Site, or any features or portions thereof, without prior notice. You agree that Alliant Energy will not be liable for any modification, suspension or discontinuance of the Site, or any part thereof.
13. Arbitration; Governing Law; Venue
Please read the following paragraph carefully because it requires you to arbitrate disputes with Alliant Energy and it limits the manner in which you can seek relief.
You and Alliant Energy agree to arbitrate any dispute arising from these Terms or relating to the Site Materials, except that you and Alliant Energy are NOT required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Arbitration prevents you from suing in court or from having a jury trial. You and Alliant Energy agree: (i) to notify each other of any dispute within thirty (30) days of when it arises; (ii) to attempt informal resolution prior to any demand for arbitration; (iii) that any arbitration will occur in Madison, Wisconsin; and (iv) that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and Alliant Energy also agree that the federal or state courts in Dane County, Wisconsin have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of Wisconsin and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Alliant Energy will not commence against the other a class action, class arbitration or other representative action or proceeding.
Alliant Energy reserves the right, without notice and in its sole discretion, to terminate your license to use the Site Materials, and to block or prevent your future access to, and use of, any of the Site Materials.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.