Use of Site. This Site has been prepared primarily for the purpose of providing certain information about us and access to your account information, as well as engage in certain transactions with us. This Site has been compiled and is maintained by us, and though we attempt to ensure the integrity and accurateness of the Site, we make no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice. Your access to the Site may be revoked by us at any time with or without cause.
Ownership. All pages within this Site and any material made available for download are the property of Constellation or its applicable third party owner. The Site is protected by United States and international copyright and trademark laws. Except with respect to information identified as "publicly available" within the Site, the Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site ("Content") may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes of authorized or approved in writing by us. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including; images, text, page layout, or form) of ours without our express written consent.
In order to use and access certain portions of the Site, you may be required to enter your username and password to authenticate your account. You agree to provide accurate and complete information when you register with, and as you use, the Site ("Site Registration Data"), and you agree to update your Site Registration Data to keep it accurate and complete. Failure to provide accurate, current and complete Site Registration Data may result in the suspension and/or termination of your account. You agree that we may store and use the Site Registration Data you provide for use in maintaining and billing fees to your account.
Interactive Features. The Site may offer interactive features that allow you to, among other things, submit nomination changes, acknowledge constraint day notifications, create purchase price estimates that combine data stored by us and inputs provided by you. You acknowledge and agree with respect to submitting information to us that the information you submit is true and accurate as of the time of the submission and agree to notify us if the information is no longer accurate or complete. You agree and acknowledge that any purchase price estimates provided are an indication of the potential purchase price available to you, but contingent on the accuracy of the inputs submitted by you, the accuracy of the stored data, and other factors. You agree that the creation of a purchase price estimate is not a solicitation to buy or sell energy, unless otherwise expressly designated as such.
Fees; Transactions. You may be able to enter into transactions with us when logged into your account. You will be automatically invoice or billed in accordance with your account profile. We may obtain preapproval for an amount up to the amount of the transaction. Billing occurs at the time of or shortly after your transaction. You agree that you will pay for the products and services you purchase through the Site, and that we may charge your credit card or payment account for any amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your account, and that we may continue to charge your credit card or payment account for all fees or charges associated with your account that are consented to by you, or until you revoke such consent. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING US WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card or payment account you designate during the registration process. If we are unable to successfully charge your credit card or payment account for fees due, we reserve the right to terminate your Account, in addition to all other rights and remedies we may have. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must change your information online in the account information section. Changes may require verification before such payment information may be used. Your total price will include the price of the product or service plus any applicable credit card fees and any sales, use, goods and services (GST), value added (VAT), or other similar tax, under applicable law and based on the tax rate in effect at the time you authorize the purchase. We will charge tax when required to do so under the applicable tax rules applicable.
Products and Services. We may discontinue or make changes in the information, products or services described herein and on the Site at any time without prior notice to you. Products and services described, as well as the charges associated with those products and services and the terms required to provide those products and services may vary by geographic region and service territory. Not all products and services are offered in all locations. Any dated information is provided as of the posted date only, and we accept no responsibility or obligation to update any such information. We reserve the right to terminate any or all Site offerings without prior notice to you. By offering this Site and information, products or services via this Site, no distribution or solicitation is made by us to any person to use this Site or such information, products or services in jurisdictions where the provision of the Site and such information, products or services is prohibited by law.
We reserve the right to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that we may, without liability to you, access, use, preserve and/or disclose your account information and Content to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate, if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, our property or safety, our users, a third party, or the public as required or permitted by law.
Google Maps Service. Use of the Google Maps service is subject to the following additional terms: Google Maps Terms of Service available at http://maps.google.com/help/terms_maps.html and Google Maps Legal Notices at http://maps.google.com/help/legalnotices_maps.html.
Submissions, Reviews, Feedback and other Postings to the Site. If you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Site ("Submissions"), you agree not to provide any Submissions that (a) are defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (b) violate or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (c) contain or transmit a virus or any other harmful component. You agree not to contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. We shall have a royalty-free, irrevocable, transferable right and license to use the Submissions however we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Submissions and/or incorporate such Submissions into any form, medium or technology throughout the world. We are and shall be under no obligation (x) to maintain any Submissions in confidence; (y) to pay to you any compensation for any Submissions; or (z) to respond to any user Submissions.
You agree to defend, indemnify and hold us harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by us arising out of any Submissions you post or allow to posted to the Site.
DMCA Notice of Copyright Infringement. We respect the intellectual property of others and we ask those submitting Content to this Site to do the same. If you believe that your copyrighted work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location of this Site where the Content that you claim is infringing is located; you must include enough information to allow us to locate the Content.
- Your name, address, telephone number, fax number, and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty or perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this site can be reached as follows:
By mail: Constellation, 1716 Lawrence Drive, De Pere, WI 54115, attn.: DMCA Agent
By e-mail: email@example.com, with the subject line "DMCA"
LMP Prices. LMP PRICES AND RELATED DATA PROVIDED HEREIN ARE OWNED BY THE RESPECTIVE INDEPENDENT SYSTEM OPERATOR ("ISO"), IS PROTECTED BY COPYRIGHT AND ARE PROVIDED TO YOU WITH CONSENT FROM THE ISO. ALL RIGHTS TO THE DATA ARE RESERVED BY THE ISO.
THIS INFORMATION IS COMPILED FOR THE CONVENIENCE OF OUR CUSTOMERS, IS FURNISHED WITHOUT RESPONSIBILITY FOR ACCURACY AND IS PROVIDED TO THE RECIPIENT ON THE CONDITION THAT THE DISPLAY OF DATA, INCLUDING DATA THAT CONTAIN ERRORS OR ARE INCOMPLETE, WILL NOT BE MADE THE BASIS FOR A CLAIM, DEMAND OR CAUSE OF ACTION.
WE AND THE ISO EXPRESSLY DISCLAIM ANY OBLIGATION TO CORRECT OR UPDATE INFORMATION OR ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY INFORMATION DISTRIBUTED HEREIN. RELY ON THIS INFORMATION AT YOUR OWN RISK. IN NO EVENT SHALL WE OR THE ISO BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE DATA CONTAINED HEREIN.
Warranty Disclaimer. WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY BY SERVICE PROVIDERS. TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify, and hold harmless us and our affiliates, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Electronic Contracting. Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON OR THROUGH THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
1716 Lawrence Drive
De Pere, WI 54115
Attn: Marketing & Communications
Last modified: April 17, 2014