Last Amended: May 9, 2005
INTRODUCTION
CPL Retail Energy L.P., is certified as a retail electric provider by the
Public Utility Commission of Texas, certificate number 10023. You have accessed
the web site of CPL Retail Energy L.P. and its parents, subsidiaries and affiliates
("CPL Retail Energy"). For purposes of these Terms of Use, the "Site" includes
the web site of CPL Retail Energy (www.CPLretailenergy.com). Please read these
Terms of Use carefully before using the Site. By accessing and browsing the
Site, you agree to these Terms of Use with CPL Retail Energy. If you do not
agree to all of these Terms of Use please exit from this site immediately.
The Site is comprised of various documents and web pages created and maintained
by CPL Retail Energy. While accessing and using the Site, you may be able to
order services or pay bills on line or conduct other business with CPL Retail
Energy through the Site (the "Services"). The Site and the Services are offered
to you on the condition that you accept, without modification, the terms and
conditions contained in this document. Your use of the Site and any Services
constitutes your agreement to all such terms and conditions. The Site is offered
to you on the condition that you accept, without modification, the terms and
conditions contained in this document. Your use of the Site and any Services
constitutes your agreement to all such terms and conditions.
CPL Retail Energy may revise and update these Terms of Use at anytime without
notice. Please periodically review the Terms of Use posted at this web site.
Your continued use of the web site will mean acceptance of those changes.
The terms "CPL Retail Energy" "Company" "we," and "our" are used in this
site for purposes of convenience and are intended to refer to CPL Retail Energy
and/or its affiliates, subsidiaries or related parties either individually or
collectively, as the context may require. These references are not intended
to suggest that the various CPL Retail Energy companies referred to are not
independent corporate entities having separate corporate identities and management.
SERVICE INFORMATION
The services described on the Site may not be available in all states. You
may contact CPL Retail Energy for a listing of available services in your area.
Services may be provided by using a mix of subcontractors, suppliers and consultants
and the resources of CPL Retail Energy. You may contact CPL Retail Energy by
phone at 1-866-322-5563 for general information about the Company or its services.
COMMUNICATION
CPL Retail Energy owns the Site. If you have any questions about our Web Site
Terms of Use and Policies, you may e-mail us or write to:
CPL Retail Energy
c/o Corporate Marketing, Internet Services
2225 Sheppard Ave E, 7th Floor
Toronto, ON
M2J 5C2
NO SOLICITATION
The information provided through the Site is intended solely for the general
knowledge of visitors to the Site and does not constitute an offer or a solicitation
of an offer for the purchase or sale of any shares or other securities of CPL
Retail Energy. The information contained in this Web Site does not constitute
advice or an offer to sell or deal in any securities and must not be relied
upon in connection with any investment decision.
CURRENCY AND ACCURACY OF INFORMATION
Although CPL Retail Energy makes reasonable efforts to ensure that the information
provided through the Site is current and accurate, CPL Retail Energy makes no
representations or warranties as to the accuracy, reliability, completeness
or timeliness of such information. All information is provided "as is" without
any representation, warranty or condition as to its accuracy or reliability.
Certain documents and other materials on the Site, including presentations
and documents filed by CPL Retail Energy with regulatory authorities of selected
jurisdictions and listed and/or linked to the Site, speak only as of the dates
on which such documents and materials were filed or otherwise used by CPL Retail
Energy. The contents of such documents or materials may become out-of-date,
however, CPL Retail Energy makes no commitment and disclaims any duty to update
those documents and materials.
INTELLECTUAL PROPERTY
The Site and its contents are protected by copyright, trademark and other
proprietary rights of CPL Retail Energy or third parties. CPL Retail Energy
names and logos, and all related product and service names, design marks and
slogans are the trademarks or service marks of CPL Retail Energy. Except as
expressly permitted herein, no portion of this web site or its contents, including
trademarks, logos and service marks, may be reproduced, displayed or used in
any form, or by any means, without prior written permission from CPL Retail
Energy or the applicable third party.
CPL Retail Energy hereby grants to you a non-exclusive and non-transferable
license to view and print documents and web pages located on the Site for non-commercial
or educational use within your organization only, subject to the following conditions:
- The material may only be used for non-commercial purposes;
- The copies must retain any copyright or other intellectual property
or proprietary notices contained in the original material;
- The products, technology or processes described on the Site may be the
subject of other intellectual property rights reserved by CPL Retail Energy
or by other third parties. No license is granted in respect of those intellectual
property rights; and
- Images, tables and drawings on this site are protected by copyright
and may not be reproduced or appropriated in any manner without written
permission of their respective owner(s).
The information and content on the Site shall not be used for any other purpose.
The documents and web pages on the Site may not be reproduced, republished,
retransmitted, sold, modified or exploited in any other way.
No other use of the information is authorized. Except as specified above,
nothing contained herein shall be construed as conferring by implication, estoppel
or otherwise, any license or right under or to any intellectual property right
including, without limitation, any patent, trademark, service mark or copyright
of CPL Retail Energy or of any third party. CPL Retail Energy and/or any third
party owner of such rights retain all such rights. CPL Retail Energy reserves
the right to require you to delete, destroy or otherwise remove any content
that is used in a manner that in CPL Retail Energy's sole opinion is contrary
or otherwise inappropriate, derogatory or offensive.
You agree that any person to whom the content is provided directly or indirectly
through you, will be advised of the terms of this Agreement, and that each such
person is bound by these terms. You may in no way modify, reformulate, adapt,
alter, adjust, change, disassemble, frame or decrypt any of the contents of
the Site.
USE OF THE SITE AND PRIVACY
You may use the Site for lawful purposes only. You are prohibited from use on
the Site, or transmitting to or through the Site, any unlawful, threatening,
obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically,
racially or otherwise objectionable material, or any material that would contribute
to a civil or criminal offense, otherwise violates any law, or which infringes
on any intellectual property right.
Any information submitted or communicated to CPL Retail Energy through use
of the Site or Services that does not include personal information or data about
you is non-confidential and non-proprietary and CPL Retail Energy may, without
compensation to you, incorporate, distribute or otherwise use such information
for any commercial or non-commercial purpose. CPL Retail Energy is under no
obligation to use or post any such information and may remove any information
it does post at any time in its sole discretion.
Any personal information or data submitted to CPL Retail Energy through use
of the Site will be treated as confidential, however such information may be
shared with third parties providing customer service, customer marketing assistance
or other services to CPL Retail Energy or our customers under contracts protecting
the confidentiality of such information.
DISCLAIMER OF LIABILITY
The Site contains general information and may contain errors, omissions and
inaccuracies. CPL Retail Energy assumes no liability or responsibility for any
such errors, omissions or inaccuracies or any other limitation that may arise
in relation to the Site. The Site content should not be relied upon for any
personal, commercial or financial matters and you should consult an appropriate
professional for advice based on your specific circumstances. CPL Retail Energy
may make modifications and/or changes to the Site at any time without notice.
THE SITE IS PROVIDED "AS IS " AND "AS AVAILABLE" AND IS USED BY YOU STRICTLY
AT YOUR SOLE RISK. CPL RETAIL ENERGY MAKES NO REPRESENTATIONS OR WARRANTIES
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF
THE INFORMATION CONTAINED ON THE SITE. ALL SUCH INFORMATION IS PROVIDED WITHOUT
WARRANTY, REPRESENTAION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
CPL RETAIL ENERGY MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ERRORS
OR OMISSIONS THAT MAY BE CONTAINED IN THE SITE CONTENT, THE ACCURACY OF THE
SITE CONTENT, OR THAT THE SITE CONTENT IS VIRUS-FREE.
THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND
THE INTERNET GENERALLY. CPL RETAIL ENERGY DISCLAIMS ALL CONDITIONS, WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION
ACCESSED FROM, OR VIA, THE SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED
TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ALL WARRANTIES, REPRESENTATIONS
AND CONDITIONS IMPLIED BY STATUTE. Some jurisdictions may not allow the exclusion
of implied warranties, therefore, some of the above exclusions may not apply
to you.
CPL RETAIL ENERGY DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR
THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT
OR PROCESS DISCLOSED ON THE SITE OR OTHER INFORMATION ACCESSIBLE FROM THE SITE
INCLUDING AVAILABLE FROM ANY LINKS.
IN NO EVENT SHALL CPL RETAIL ENERGY BE LIABLE FOR ANY SPECIAL, INDIRECT,
PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS
OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT,
INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS
SERVER, SITE OR THE INTERNET GENERALLY.
IN ALL OTHER CIRCUMSTANCES, CPL RETAIL ENERGY'S AGGREGATE AND COMPLETE LIABILITY
TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO A MAXIMUM OF
$10.00 (USD).
REFERENCES AND LINKS TO THIRD PARTY SITES
The Site may refer to other individuals, companies, entities, organizations,
products or services. Such references do not and shall not imply any endorsement
or recommendation by CPL Retail Energy of such individuals, companies, entities
or organizations or their products or services. The Site may contain links and
other references (collectively the "Links") to other web sites. These Links
are supplied to you merely as a convenience and the inclusion of any Link does
not imply any approval or endorsement or recommendation of that third party
or their related information, products or services or any link contained in
a Linked site, or any changes or updates to a Linked site. CPL Retail Energy
is providing these Links as a convenience, and the inclusion of any link does
not imply endorsement by CPL Retail Energy of the site or any association with
its operators.
Links to this Site may also be provided from other sites either known or
unknown to CPL Retail Energy. Access to any other web site linked to or from
the Site is at your own risk. CPL Retail Energy has not reviewed and is not
responsible for the content of any third party sites linked to or from the Site
and does not make any representations regarding the content or accuracy of materials
on such third party sites.
You accept all risks, losses and damages that result from your use of the
forgoing referenced entities, products, services and Links.
ADDITIONAL TERMS
CPL Retail Energy may modify these Terms of Use at any time on 30 days notice.
Notice will be posted on the Site for a period of 30 days. It is your obligation
to review these Terms of Use from time to time to ensure that you agree with
such terms, as modified. If you do not agree with such modified terms you are
required to stop using the Site.
If any part of this agreement is found to be invalid or unenforceable by
a court of competent jurisdiction pursuant to any applicable law then such invalid
or unenforceable term will be deemed struck from these Terms of Use. In any
event, the remaining provisions in these Terms of Use shall continue in full
force and effect.
JURISDICTION AND ARBITRATION
Access to this web site is governed by all applicable federal, state, provincial
and local laws, and, in the case of users resident outside of Canada or the
United States, you may also be subject to additional laws of the country where
you reside. You are responsible for compliance with the laws of your jurisdiction
and other applicable law.
The laws of the State of Texas shall govern any dispute arising out of the
use of this web site or these Terms of Use. You also agree to submit to the
exclusive jurisdiction and venue of the courts located therein.
ACCEPTANCE OF TERMS OF USE
CPL Retail Energy maintains the Site to provide you with Services and information
about CPL Retail Energy. By using the Site, you agree that you have read, understood
and agree to be bound by these Terms of Use. If you do not agree to the Terms
of Use, do not use the Site.
This agreement constitutes the entire understanding and agreement
between you and CPL Retail Energy with respect to the Site and your use of same.