CIPCO WEBSITES TERMS OF USE

Central Iowa Power Cooperative, Inc. ("CIPCO") provides information through public websites and enables secure online account access through CIPCO's private websites that require authentication. The CIPCO private websites that require authentication shall be known as the “Restricted Sites” and refer to those portions of our websites that are secure, non‐public and accessible only after a user has been authorized by CIPCO. The Restricted Sites, together with the portions of CIPCO’s websites that are available to the general public without authorization, are collectively referred to as the “CIPCO Websites”. By accessing and using the CIPCO Websites, you ("User(s)" and "you") agree to be bound by the terms and conditions set forth herein (“Terms of Use”), without modification. CIPCO reserves the right to change the terms, conditions, and notices under which the CIPCO Websites are offered, including but not limited to the charges associated with the use of the CIPCO Websites.

PROPRIETARY INFORMATION AND RIGHTS

The CIPCO Websites may contain proprietary and/or confidential information that is protected by applicable intellectual property and other laws. You may view and download materials and content from the CIPCO Websites according to your authorized account permissions and use such materials and content solely for informational and non‐commercial purposes or as otherwise permitted by CIPCO in writing, provided that you (i) keep all copyright and other proprietary notices intact, and (ii) do not (and do not allow any third party to) copy, modify, distribute, transmit, reproduce, display, publish, license, create derivative works from, sell, lease, otherwise exploit for commercial purposes, transfer, assign, or otherwise make unauthorized or improper use of the CIPCO Websites and any information and materials obtained from them.

The CIPCO Websites contain trademarks of CIPCO and its third party licensors. Unauthorized use of any CIPCO or third party trademarks, service marks, or logos may be a violation of federal and state trademark laws. You must obtain CIPCO’s written permission prior to using any trademark or service mark of CIPCO. CIPCO and/or its licensors own all intellectual property rights in the CIPCO Websites, except as otherwise expressly indicated. The CIPCO Websites are protected by U.S. and international copyright laws.

NO UNLAWFUL OR PROHIBITED USE

It is a violation of these Terms of Use for you to (i) use the CIPCO Websites for illegal purposes, in violation of any applicable laws and regulations or in violation of the rules of any CIPCO service providers, (ii) use any robot, spider, or other automatic or manual process to monitor, data mine, or copy any CIPCO Websites pages, content, or user information, except as expressly permitted by CIPCO, (iii)    use any other person’s authorization or credentials to access any portion of any Restricted Sites, whether or not you have the permission of such person; or (iv) use the CIPCO Websites in any manner which could damage, disable, overburden, or impair the CIPCO Websites or interfere with any other party's use and enjoyment of the CIPCO Websites.

LINKS TO THIRD PARTY SITES
 
The CIPCO Websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CIPCO and CIPCO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CIPCO is not responsible for webcasting or any other form of transmission received from any Linked Site. CIPCO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CIPCO of the site or any association with its operators.

USE OF COMMUNICATION SERVICES

The CIPCO Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

• Conduct or forward surveys, contests, pyramid schemes or chain letters.

• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

• Restrict or inhibit any other user from using and enjoying the Communication Services.

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

• Harvest or otherwise collect information about others, including e‐mail addresses, without their consent. 

• Violate any applicable laws or regulations.

CIPCO has no obligation to monitor the Communication Services. However, CIPCO reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CIPCO reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

CIPCO reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CIPCO's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. CIPCO does not control or endorse the content, messages or information found in any Communication Service and, therefore, CIPCO specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CIPCO spokespersons, and their views do not necessarily reflect those of CIPCO.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

LICENSE

By transmitting content to CIPCO or the CIPCO Website, you grant CIPCO a perpetual, irrevocable, worldwide, royalty‐free, sublicensable license to use, reproduce, cache, modify, distribute, and transmit such content for purposes related to the CIPCO Websites or CIPCO’s business purposes, and waive any publicity rights in such content. CIPCO’s use of your personal information is described in our Privacy Policy, which is available at this link.

ONLINE USER ACCOUNT SECURITY AND PASSWORDS

Authorized Users of the Restricted Sites are provided access to available online data according to their authorized account permissions by way of an online subscriber identification name, or User ID, and a password selected by the User. Users agree to keep these passwords private and further agree to refrain from sharing the passwords with any unauthorized person or allowing any unauthorized person to log onto or use the Restricted Sites. Passwords must be kept secure, and should not be revealed over the phone, in an unencrypted e‐mail message, in writing, or stored on a portable data storage device, such as a laptop, flash drive, PDA, or mobile phone. You are solely responsible for any unauthorized use of your User ID and password.

Please notify CIPCO promptly if you become aware that any password information or any area of the CIPCO Websites has been compromised, or if you become aware of any unauthorized access to an account, whether or not such access was by someone who is generally authorized to access the system or is authorized to access other accounts.

ACCESS TO OTHER ONLINE USER ACCOUNTS

Each User's access to the Restricted Sites is limited to that portion of such CIPCO Websites for which the User has authorized account permissions. If any User obtains unauthorized access to data or information that it knows, or reasonably should know, to be outside the area of its authorization, whether accessed through inadvertent or other means, the User shall immediately exit the area and is prohibited from saving, printing, storing, sending or making any other use of, maintaining, sharing, publishing or otherwise disseminating any data or information so accessed.

CIPCO strives to protect User's account information by employing an array of technological and procedural data security measures, including these Terms of Use. Unfortunately, no one and no technology can promise absolute data security. Although we take commercially reasonable data security precautions, the security of online User accounts and information could be compromised by unauthorized entry or use, hardware or software failure, and other factors. You should promptly notify us of any misuse or unauthorized access that comes to your attention. We reserve the right to make reasonable investigation of any misuse or unauthorized access of secure information, including User's online accounts, and to contact law enforcement as we deem necessary or appropriate. By accessing and using the CIPCO Websites after the effective date of these Terms of Use, you agree to cooperate with us in this regard and to abide by these Terms of Use.

PRODUCTS & SERVICES

Display of a product or service offering on the CIPCO Websites is not a guarantee that the product or service offering is currently available or that it will be available on the CIPCO Websites when you visit again. Any description or reference to non‐CIPCO products or services in the CIPCO Websites is for informational purposes only and shall not constitute an endorsement or a recommendation of such products or services by CIPCO.

DISCLAIMERS, LIABILITY WAIVERS, LIMITATION OF DAMAGES, INDEMNITY, AND OTHER IMPORTANT TERMS

CIPCO IS NOT RESPONSIBLE FOR THE COMPLETENESS, TIMELINESS, ACCURACY OR AVAILABILITY OF ANY INFORMATION TRANSMITTED, GENERATED OR MADE AVAILABLE VIA THE CIPCO WEBSITES (THE "INFORMATION"), NOR FOR ANY DECISIONS OR ACTIONS THAT YOU MIGHT TAKE BASED ON INFORMATION. THE USE OF INFORMATION, OR RELIANCE ON IT, IS ENTIRELY AT YOUR OWN RISK. ANY SUCH INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE EXPERT, PROFESSIONAL, FINANCIAL OR LEGAL ADVICE OR OPINION. THE CIPCO WEBSITES AND ALL INFORMATION, PRODUCTS AND SERVICES AVAILABLE THROUGH THE CIPCO WEBSITES ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT, DATA ACCURACY, AND QUIET ENJOYMENT.
 
CIPCO DISCLAIMS AND DOES NOT WARRANT THE OPERATION, PERFORMANCE, SAFETY OR SECURITY OF THE CIPCO WEBSITES.

CIPCO MAY TERMINATE, FOR ANY REASON, TEMPORARILY OR PERMANENTLY, IN WHOLE OR IN PART AND WITHOUT PRIOR NOTICE, THE CIPCO WEBSITES, OR YOUR ACCESS TO THEM. CIPCO SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE CIPCO WEBSITES.

CIPCO SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE CIPCO WEBSITES OR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES OBTAINED OR PROVIDED VIA THE CIPCO WEBSITES, INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS. Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, CIPCO’s liability will be limited to the fullest extent permitted by applicable law.

You agree to indemnify and hold CIPCO, and its affiliates, officers, directors, employees, partners, agents and contractors harmless from any and all claims, losses, liabilities, costs  and expenses (including reasonable attorneys’ fees and expenses) arising from or in connection with (i) your use of the CIPCO Websites (including all products and services available through the CIPCO Websites) and Information, (ii) your failure to comply with these Terms of Use or other CIPCO Websites policies, or (iii) your violation of any rights of another person through your use of the CIPCO Websites.

CIPCO reserves the right to modify these Terms of Use and all guidelines, rules and policies pertaining to the CIPCO Websites, from time to time, without prior notice and at our sole discretion. Your use of the CIPCO Websites following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were modified is the effective date set forth above. These Terms of Use are deemed to incorporate by reference all other notices, policies, disclaimers and other terms contained in the CIPCO Websites. If a conflict exists between such other notices, policies, disclaimers and terms and these Terms of Use, these Terms of Use shall control. If any part of these Terms of Use is invalid, the remaining provisions or parts thereof shall remain effective. These Terms of Use, as modified from time to time and including any policies that are incorporated by reference, set forth the entire understanding and agreement between you and CIPCO with respect to the subject matter hereof. CIPCO shall not be liable for any delay or failure in performance under these Terms of Use or interruption of service resulting from acts of God, civil or military authority, war, labor disputes, materials provided by third parties, or any other cause beyond the reasonable control of CIPCO.

These Terms of Use are governed by, and will be interpreted under, the laws of the State of Iowa, without regard to choice or conflicts of law rules. Any legal action regarding these Terms of Use shall be commenced and heard in the Iowa District Court of Linn or the United States District Court for the Northern District of Iowa. You agree to submit and consent to the jurisdiction and venue of these courts, irrevocably waive any right you may have to commence any action against CIPCO in any other court and irrevocably waive any rights or defenses in any such action based on lack of personal jurisdiction or improper or inconvenient venue. The CIPCO Websites are operated by CIPCO from the United States of America. CIPCO makes no representation that the information in the CIPCO Websites is appropriate or available for use in other locations, and access to the CIPCO Websites from territories where the content may be illegal is prohibited. Those who choose to access the CIPCO Websites from other locations do so on their own initiative and are responsible for compliance with applicable local laws. No waiver of your breach of these Terms of Use will be a waiver of any other or subsequent breach.

TERMINATION/ACCESS RESTRICTION

CIPCO reserves all rights associated with providing services and information through the CIPCO Websites, including the right to terminate the use of and access to CIPCO Websites for any misuse of the sites or the information contained therein. Users and the respective organizations that they are associated with or represent in relation to the Restricted Sites will be held responsible for any violation of the terms of these Terms of Use and CIPCO will, in connection with any violation, pursue such penalties and remedies as the law provides.

If you have any questions about these Terms of Use, your online User account information or the acceptable use of your online User account access, please contact CIPCO, in writing, at info@cipco.net or Central Iowa Power Cooperative, P.O. Box 2517, Cedar Rapids, IA 52406-2517; or by telephoning CIPCO
at (319) 366-8011.