LG&E and KU Online Services Agreement
Welcome to LG&E and KU! The LG&E and KU Online Services Agreement ("Agreement") applies to the Web sites of LG&E and KU Energy LLC and its subsidiaries Louisville Gas and Electric Company ("LG&E") and Kentucky Utilities Company ("KU") and electronic content, as well as any features or content we may add in the future (referred to as "Services" or "LG&E and KU Services"). In this Agreement, we frequently refer to "LG&E and KU" together. However, this Agreement does not have the effect of making an LG&E customer a customer of KU or making a KU customer a customer of LG&E. The LG&E and KU Services include those Web sites on the lge-ku.com domain as well as on other Internet domains operated by our affiliates, agents, or alliance partners. In continuing to access or use our site, you agree to follow the Agreement's terms and conditions as they may apply to you.
Consent to Electronic Records, Signature, and Acceptance of Terms and Conditions
Both the Agreement and our Web site include important disclosures and regulatory information that are associated with the LG&E and KU Services.
By continuing to access or use our site, you agree as follows:
- You understand and intend that the Agreement is a legally binding agreement and the equivalent of a signed, written contract; and
- You will use all LG&E and KU Services, and our Web sites generally, in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in the Agreement and any applicable Rules and Guidelines as they may be amended by LG&E and KU from time to time.
- You understand, accept, and have received the Agreement and its terms and conditions, and acknowledge and demonstrate that you can access the Agreement and other disclosures and regulatory materials on our Web site.
Scope and Effect of the Agreement
LG&E and KU Energy LLC operates the LG&E and KU Services, either alone or in conjunction with its affiliates, agents and partners. To access LG&E and KU Services, and as a condition to visiting and using our Web sites generally, you must agree, without modification, to the terms and conditions of the Agreement. References to affiliates of LG&E and KU, include without limitation, LG&E and KU Energy LLC and all of its direct and indirect subsidiaries and parent companies.
Revisions and Relation to Other Agreements or Disclosures
LG&E and KU may revise the Agreement at any time, and you agree to be bound by future revisions. It is your responsibility to visit the "Terms and Conditions" link at the bottom of the lge-ku.com home page periodically to review the most current terms and conditions. If you have an account with LG&E or KU or accounts with both, your customer relationship with LG&E, KU or both is also governed by other agreements, including your applicable customer agreement and this Agreement. LG&E and KU may also offer other services from time to time that are governed by different or additional terms and conditions. LG&E and KU Services are subject to any disclosures or disclaimers found within the Services.
Registration Information and Requirements, and Privacy
When you register for an LG&E and KU Service, we may ask you to give us certain identifying information ("Registration"). You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from LG&E or KU for any purpose. We agree to treat with care the information you entrust to us, in accordance with the disclosures we give during the Registration process and in our privacy policy.
For your protection and the protection of our other customers and Web site users, we ask you not to share your Registration information (including passwords, usernames, and screen names) with another person for the purpose of facilitating their access and unauthorized use of LG&E and KU Services. You alone are responsible for all messages posted, statements made, or acts or omissions that occur within any LG&E and KU Service through the use of your Registration information.
Unauthorized Use of Your Registration
If you believe that someone has used your Registration information to access any LG&E and KU Service without your authorization, please call LG&E and KU immediately at (800) 331-7370.
LG&E and KU's License to You
LG&E and KU grant you a single, non-exclusive, non-transferable and limited personal license to access and use the LG&E and KU Services. This license is conditioned on your continued compliance with the terms and conditions in the Agreement.
Your License to LG&E and KU
Unless otherwise indicated for a particular LG&E and KU Service, any communications or material of any kind that you email, post, or otherwise transmit through the LG&E and KU Services, including data, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and nonproprietary. You hereby grant a license to LG&E and KU to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the LG&E and KU Web site or elsewhere with no liability or obligation to you. LG&E, KU and their affiliates are free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.
Notices, Communications, and Electronic Signatures
You agree to accept all communications from us regarding use of the LG&E and KU Services at the addresses you provide during Registration. LG&E and KU are entitled to rely on the e-mail address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or U.S. mail address. From time-to-time we would like to send you information about LG&E and KU products and services. If you register for an LG&E and KU Service, you are granting LG&E, KU and their affiliates permission to communicate with you by email. You can opt not to receive such information from us in the future by following the instructions in any e-mail that we send to you.
You agree to be bound by any affirmance, assent, or agreement you transmit through the LG&E and KU Services you access by computer, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Use of LG&E and KU Services
The following requirements apply to your use of any LG&E and KU Service:
- You will not use any electronic communication feature of a LG&E and KU Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
- You will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.
- You will not collect or store personal data about other users.
- You will not use any LG&E and KU Service for any commercial purpose not expressly approved by LG&E or KU in writing. You will not upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.
- You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
No Advice or Recommendations
The LG&E and KU Services and content are for informational, educational, and entertainment purposes only. Nothing contained in any LG&E and KU Service or any other content on our Web site constitutes a recommendation, endorsement, or guarantee by LG&E, KU or any of their affiliates or agents. Neither LG&E and KU nor any of their affiliates or agents endorses or assumes any responsibility for or guarantees the accuracy, currency, completeness or usefulness of information in any material in the Web site. You should exercise discretion before relying on information in messages, since it may be incorrect or misleading. You agree that to the extent you rely on information posted within the LG&E and KU Web site, you do so solely at your own risk and that neither LG&E and KU nor any of their affiliates or agents shall be liable.
Use of Access Devices
With the exception of applications commonly known as Web Browser software, or other applications formally approved by LG&E or KU in writing, you agree not to use any software, program, application, or any other device to access or log on to LG&E and KU's computer systems, Web site, or proprietary software or to automate the process of obtaining, downloading, transferring, or transmitting any content to or from LG&E and KU's computer systems, Web site, or proprietary software.
Security of Data Transmission and Storage
Electronic communications through the LG&E and KU Services may not always be encrypted. You acknowledge that there is a risk that data, including email, electronic communications, and personal data, may be accessed by unauthorized third parties when communicated between you and LG&E and KU or between you and other parties.
LG&E and KU and their affiliates, and agents are permitted, but not obligated, to review or retain your Communications. We may monitor your Communications to evaluate the quality of service you receive, your compliance with the Agreement, the security of the LG&E and KU Services, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which LG&E, KU or their affiliates or agents monitor your Communications and enforces or fails to enforce the terms of the Agreement. In no event will LG&E and KU or any of their affiliates or agents be liable for any costs, damages, expenses, or any other liabilities incurred by you as a result of monitoring activities by LG&E, KU or their affiliates or agents.
Hyperlinks
LG&E and KU may provide a link to other sites as part of an LG&E and KU Service. LG&E and KU do not control such other sites, and LG&E, KU and their affiliates and agents make no representations whatsoever concerning the content of those sites or any other representation. The fact that LG&E and KU have provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, or products found on the Internet, and LG&E and KU caution you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold LG&E, KU or their affiliates or agents liable for any loss or damage caused by use of or reliance on any content, goods, or services available on other sites.
Disclaimer of Warranties
Although LG&E and KU try to provide accurate and timely information through the Services, there may be inadvertent technical or factual inaccuracies and typographical errors. LG&E, KU and their affiliates reserve the right to make changes and corrections at any time, without notice. The information provided through the LG&E and KU Services is provided "AS IS" and "AS AVAILABLE." LG&E, KU and their affiliates and agents do not warrant the accuracy, completeness or timeliness of the information, text, graphics, links or other items contained in the LG&E and KU Services. LG&E, KU and their affiliates and agents provide no guarantee against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data. LG&E, KU and their affiliates and agents expressly disclaim all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained in the LG&E and KU Services. LG&E, KU and their affiliates may change information contained on the Services at any time and makes no commitment to update the information contained on the LG&E and KU Services. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE LG&E AND KU SERVICES.
FURTHER, LG&E, KU AND THEIR AFFILIATES AND AGENTS MAKE NO WARRANTIES REGARDING THE LG&E AND KU SERVICES. LG&E, KU AND THEIR AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Limitation of Liability and Indemnification
You agree to indemnify and hold LG&E, KU and their affiliates, agents, employees, and licensors (including the Third Party Providers) harmless from any claim, demand, loss, costs, or expense, including attorneys' fees, made by any person arising out of your violation of this Agreement, state or federal securities laws or regulations, or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right. Under no circumstances, including but not limited to a negligent act, will LG&E, KU or their affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use, any LG&E and KU Service, even if their authorized representative has been advised of the possibility of such damages.
Restrictions on Use
Except as otherwise permitted by LG&E and KU, no materials from the LG&E and KU Services or any site owned, operated, licensed, or controlled by LG&E, KU or their affiliates or agents may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the LG&E and KU Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the LG&E and KU Services for public or commercial purposes, including any text, images, audio, or video without LG&E and KU's written permission.
Trademarks and Copyrights
The LG&E and KU Services are owned by LG&E and KU or their affiliates or agents and are protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to LG&E and KU or their affiliates or agents. Nothing contained on the LG&E and KU Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the LG&E and KU Services without the written permission of LG&E and KU or such third party that may own the trademarks displayed on the LG&E and KU Services. Your use of the trademarks displayed on the LG&E and KU Services, or any other content on the LG&E and KU Services, except as provided herein, is strictly prohibited.
Images displayed through the LG&E and KU Services are either the property of, or used with permission by, LG&E and KU or their affiliates or agents. You are prohibited from using or authorizing the use of these images unless specifically permitted under the Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Modifications to LG&E and KU Services
LG&E, KU and their affiliates and agents reserve the right to modify or discontinue, temporarily or permanently, an LG&E and KU Service (or any part thereof) with or without notice. You agree that LG&E, KU and their affiliates and agents will not be liable to you or to any third party for any modification, suspension, or discontinuance of an LG&E and KU Service.
Term and Termination
The license granted under the AGREEMENT will terminate if LG&E and KU believe that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the Agreement for each LG&E and KU Service. Upon such violation, you agree to terminate access to the LG&E and KU Services. You agree that LG&E, KU or their affiliates or agents, in their sole discretion and with or without notice, may terminate your access to any or all LG&E and KU Services, and remove and discard any information or content within an LG&E and KU Service.
Governing Law
The Agreement, and all future agreements you shall enter into with LG&E and KU, unless otherwise indicated on such other agreement, shall be governed by the law of the Commonwealth of Kentucky, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with LG&E, KU or any of their affiliates or agents in Kentucky or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jefferson, Kentucky. If any part of the Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
