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Terms of Use

Revision: June 1, 2007

Welcome to IPLpower.com, the Web site of Indianapolis Power & Light Company (IPL). These terms of use, defined as the Agreement, govern your use of this site. IPL reserves the right to change these terms at any time, without notice or liability, by updating the posting of this Agreement on this Web 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" referred to 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.

Disclaimers and Limitation of Damages

All Content on this site is provided on an "as is", "as available" basis without any warranty whatsoever.
IPL 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, and non-infringement of third party rights and title with regard 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.

IPL 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.

In no event shall IPL, its parent, subsidiary or affiliate companies, be liable for any damages in connection with this site, its Content, or any goods or services obtained through third parties referenced or made available on or through this site. If you become dissatisfied with this site, or the terms, conditions or policies governing it, 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 IPL, 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, or otherwise (including, without limitation, negligence, strict liability 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 IPL, 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, IPL and 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.

IPL grants users of IPLpower.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 breach this Agreement. IPL 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 IPL. 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 IPL has established in any of its product or service names, slogans or logos.

Be the BestSM
Cool Cents®
IPL Revive a Neighborhood®
Revive a Neighborhood®
Perfect Cents®
The Best Definition of Power & Light®
The Power Behind Indianapolis®
Power Invest®
PowerView®

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 IPL. IPL encourages you instead to direct others to IPLpower.com.

Commercial use, broadcasting or otherwise disseminating any Content in any media without the prior written consent of IPL is strictly prohibited. IPL 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 IPLpower.com, you may do so provided you do not use our trademarked logo for the link, and you do not state or imply that IPL sponsors or endorses your site. You must send prior written notification of your intention to link to IPLpower.com to IPL at Webmaster.IPL@aes.com. Links to pages in this site other than to the home page (otherwise known as deep-linking) require IPL's written permission.

Personal Information and Security

Personal information you enter in this site is governed by IPL's Privacy Policy. By using IPLpower.com, you acknowledge that you have read and agree with our Privacy Policy. Because the standards and laws regarding privacy are evolving, IPL may change the Privacy Policy at any time without notice or obligation. You should therefore periodically review the Privacy Policy.

Security

IPL’s Web site uses 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. In addition, please sign out of the interactive portion of our Web site when you have finished your session. The site will automatically log you off of an interactive session after 10 minutes of inactivity.

IPL 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 and IPL cannot guarantee the security of your personal information. It may still 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 account information, are restricted to authorized users through the use of passwords. If we grant you authorization through a password, you are responsible for maintaining the confidentiality of your password and account information. You agree to promptly notify IPL 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 IPL 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. IPL 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 personal information. All on-line forms and transactions on this site are intended only for persons 18 years of age and older.

Links to Other Sites (Third Party Sites)

As a convenience to our customers, IPLpower.com includes some links to Web sites that are owned and operated by third parties (third party sites), not IPL. Since IPL is not an agent, partner, sales representative or distributor for the owners or operators of these third party sites, IPL 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 IPL’s Web site does not imply IPL's endorsement of that third party site or the third party Content, goods, and services. 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.

We reserve the right to change or discontinue, without prior notice, any link or program involving a third party site.

E-Mail and Other Information Submissions

Please note that information transmitted to IPL via e-mail is NOT secure and will not be treated as confidential. Although IPL 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 IPL 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 IPL is notified of any allegedly infringing, defamatory, damaging, illegal, or offensive material provided by you, IPL may investigate and in its sole discretion remove or request the removal of such material. IPL 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 IPL deems such disclosure necessary or appropriate to operate this site or IPL; or (c) to protect the rights or property of IPL, its parent, subsidiaries, affiliates, suppliers, other site users or third parties.

IPL reserves the right to prohibit any conduct, communication, and material on this site that it deems in its sole discretion to be harmful or that violates any applicable law. However, IPL cannot ensure prompt removal of questionable material after online posting. Accordingly, neither IPL 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

If you believe that any Content accessible through this site infringes your copyright, you should send written notice of alleged copyright infringement to IPL’s designated agent for such notices:
Indianapolis Power & Light Company
Legal Department
One Monument Circle
Indianapolis, IN 46204-2936

IPL 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 IPL policies regarding such notices. Any notice of claimed copyright infringement must satisfy all of the requirements set forth in 17 U.S.C. Section 512(c)(3), as amended, including, but not limited to, identification of Content with detail reasonably sufficient to permit IPL to locate the Content claimed to be infringing. Upon sufficient notice of a claimed infringement, IPL will act expeditiously to remove or disable access to the Content claimed to be infringing. Also, IPL will take reasonable steps to promptly notify the person responsible for the Content that we have removed or have disabled access.

If IPL receives a sufficient counter notification from the person responsible for the Content you claim is infringing, IPL will provide you a copy of the counter notification. Also, IPL will inform you that, in ten (10) business days, IPL will replace, or cease disabling access to, the material or activity claimed to be infringing unless you first provide IPL's Designated Agent with a 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

IPL operates this site from its offices in Indianapolis, Indiana. IPL 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 IPL's service territory.

This Agreement is entered into in the State of Indiana and it 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 this Agreement 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.

General Provisions

IPL's 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 IPL's 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 IPLpower.com shall at all times comply with all applicable laws, rules and regulations regarding the use of this Web site.

IPL reserves the right to modify or, temporarily or permanently, discontinue this site with or without notice to you. You agree that IPL 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 IPL 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 IPL 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.