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" as used 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.
This Site is owned and operated by APS. Please direct any questions or comments you have concerning the Site or this Agreement to firstname.lastname@example.org; or call 602-371-3614 in the Phoenix area or 800-240-2014 elsewhere; APS' Customer Service Mailing Address is PO Box 53999, Phoenix, AZ 85072-3999. Physical address: 400 North 5th Street Phoenix, AZ 85004.
disclaimers and limitation of damages
ALL CONTENT ON THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER. AS 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, APS 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, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND TITLE. CUSTOMER SHALL HOLD APS HARMLESS AND INDEMNIFY APS FOR ANY AND ALL THIRD PARTY CLAIMS ARISING OUT OF OR RESULTING FROM THEIR USE OF ANY GOODS OR SERVICES OBTAINED FROM THIRD PARTY REFERRALS OR MADE AVAILABLE THROUGH THIS SITE.
APS 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APS, ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) IN CONNECTION WITH, OR IN ANY WAY ARISING OUT OF, THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT, OR ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE, EVEN IF APS IS ADVISED OF THE POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THIS SITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS SITE, 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 APS, 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, INCLUDING NEGLIGENCE, 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 APS, 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, APS and is protected under U.S. and foreign copyright, trademark and other intellectual property laws. Other than as stated in this Agreement, 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.
Unless otherwise indicated in this Site, APS grants you the limited right to use the Site and Content for your personal, noncommercial use, and to copy and print the Content, 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 you if you breach this Agreement. APS reserves all rights and title to all Content, including that which is copied, printed or displayed.
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 email or by incorporating it in another site) without written permission from APS. APS encourages you instead to tell others about the Site and direct them to the Site.
Commercial use, broadcasting or otherwise disseminating any Content in any media, without the prior written consent of APS, is strictly prohibited. For example, you may not post any Content from the Site to news groups, list serves or electronic bulletin boards, or copy, transcribe, redistribute, retransmit or rebroadcast any webcasts or other audio Content, in all or in part. APS reserves the right to restrict access to this Site and add, discontinue or modify any authorizations to use the Site.
You may create a hypertext link to the home page of this Site provided you do not use our trademarked logo for the link, and you do not state or imply that APS sponsors or endorses your site.
personal information and security
APS 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. It may be possible for an unauthorized person to gain access to your information notwithstanding the use of a secure server. Therefore, please note that you provide information on the Site and otherwise use the 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 by way of a password to use a restricted area, you agree that you are responsible for maintaining the confidentiality of your password and account information and not allowing any other person to use your password. APS is not liable for any harm related to your disclosure of your password in violation of this Agreement or your authorization of another person or entity to access and use the Site using your password. You agree to notify APS 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 APS 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. APS 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.
The Site is intended only for, and may only be accessed by, persons 18 years of age and older.
links to other sites (third party sites)
Many links on our Site will take you to sites that are not owned and operated by APS, but are owned and operated by third parties (Third Party Sites). APS is not an agent, partner, sales representative or distributor for the owners or operators of these Third Party Sites.
Although these Third Party Sites offer content, goods or services (Third Party Goods and Services), APS provides these links only as a convenience and APS' inclusion of a link to a Third Party Site does not imply APS' endorsement of that Third Party Site, or the Third Party Goods and Services. APS reserves the right to change or discontinue, without prior notice, any link or program it has with such Third Party Sites.
The purchase of any Third Party Goods and Services arising from or related to your visit to any Third Party Site is solely between you and the third party owning or operating the Third Party Site, and APS shall have no obligation regarding any such transaction. APS does not represent or warrant the correctness, validity, accuracy, or reliability of any Third Party Sites or Third Party Goods and Services. You bear all risks and responsibilities associated with your use of Third Party Sites and Third Party Goods and Services, and you agree that APS shall not be directly or indirectly liable for any damages that arise from your use of Third Party Sites or Third Party Goods and Services.
email and other information submissions
All information submitted to APS via this Site shall be deemed and remain the property of APS, and APS shall be free to use, for any purpose, any idea, concept, know-how or technique contained in information a visitor to this Site provides APS through this Site. APS shall not be subject to any obligations of confidentiality regarding submitted information except as may be expressly agreed in writing by APS or as otherwise specifically required by law.
While we appreciate receiving email from our Site visitors, please note that information transmitted via email is not secure and will not be treated as confidential, unless otherwise indicated by us. Although APS takes reasonable precautions to ensure no viruses are present in emails 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 APS accepts no responsibility or liability for any loss or damage arising from the use of email or their attachments, or for any viruses or errors or delays in the contents that result from email transmissions.
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 APS is notified of any allegedly infringing, defamatory, damaging, illegal, or offensive material provided by you, APS may investigate and in its sole discretion remove or request the removal of such material.
You agree that you accept sole responsibility for your use of the Site. Your use of the Site is limited to the intended functions of the Site, and you may not use the Site in a manner that:
- is unlawful, fraudulent, or deceptive;
- uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," or other technology to attempt to gain unauthorized access to APS user accounts, content, computer networks, or systems;
- attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- violates this Agreement, any other APS policies, or any applicable third-party terms; or
- attempts to damage, disable, overburden, or impair APS servers or networks.
APS reserves the right to prohibit your conduct, communication, and material on this Site that it deems in its sole discretion to be harmful or that violates any applicable law or this Agreement. Notwithstanding the foregoing, APS cannot ensure prompt removal of questionable material after online posting. Accordingly, neither APS, 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
APS 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 APS policies regarding such notices. If you believe that any Content accessible through this Site infringes your copyright, you should send written notice of alleged copyright infringement to APS' designated agent for such notices:
Arizona Public Service Company
400 North Fifth Street
Phoenix, Arizona 85004-3902
Phone: (602) 250-3630
Fax: (602) 250-3393
Any notice of claimed copyright infringement must satisfy all of the requirements set forth in 17 U.S.C. Section 512(c)(3), including, but not limited to:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit APS to locate the material.
- Information reasonably sufficient to permit APS to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
APS will act expeditiously to remove, or disable access to, the Content claimed to be infringing. Also, APS will take reasonable steps to promptly notify the person responsible for the Content that we have removed or have disabled access.
If APS receives a sufficient counter notification from the person responsible for the Content you claim is infringing, APS will provide you a copy of the counter notification. Also, APS will inform you that, in ten (10) business days, APS will replace, or cease disabling access to, the material or activity claimed to be infringing unless you first provide APS' Designated Agent 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.
APS operates this Site from its offices in the state of Arizona, USA. APS makes no representation that the information, 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 APS' service territory. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
This Agreement is entered into in the State of Arizona and it shall be interpreted, construed and governed by the laws of the State of Arizona, without reference to its laws relating to conflicts of law. 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 Maricopa County, Arizona, 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.
APS' 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 APS' 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 this Site shall at all times comply with all applicable laws, rules and regulations that may apply to a visitor's use of this Site.
APS reserves the right to modify or, temporarily or permanently, discontinue this Site with or without notice to you. You agree that APS 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 APS 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, represent the entire understanding between you and APS 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.