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Cleco Corporation and Affiliates
General Terms, Conditions, and Policies for the Use of Website and Web Services
You are viewing the website of Cleco Corporation and its affiliated companies. These terms, conditions, and policies, and those referred to below, govern your use of this website and the web services (hereinafter defined) provided through this website. Your use of this website and any of the web services constitutes your agreement to abide and be bound by these terms, conditions, and policies (herein collectively referred to as the "Agreement"). The Agreement also extends to any email sent by a user to Cleco at any time arising out of transactions involving this website or the web services. You must comply with the Agreement and any applicable user information provided by or to you in connection with each use of this website and any web services provided through this website. Any use of this website or the web services contrary to the Agreement, as in effect at the time of such use, is unauthorized and prohibited. Cleco reserves the right, in its sole discretion, at any time, for any reason, and without prior notice to any user, to revise the terms, conditions, and policies applicable to the use of this website. Accordingly, users are advised to review this Agreement each time they use this website or the web services.
Throughout the Agreement, the words "user", "you", "your", and "yours" refer to any person or entity using this website or the web services, and the words "Cleco", "we", "us" and "ours" refer to Cleco Corporation and/or one or more of its affiliated companies, as well as any vendor that Cleco, in our sole discretion, may use to support this website or provide web services. The term "website" refers to this Cleco website, and the term "web services" refers to any and all services of any kind available through this website, including but not limited to account access services, paperless bill delivery services, one-time and recurring bill payment services and email/SMS text message services.
1. CLECO AND AFFILIATES
a) Cleco Corporation is a holding company for a public utility company (Cleco Power) and other affiliates. Each of these affiliates is a separate and distinct legal entity. No such public utility subsidiary or other affiliate shall be liable for the obligations or entitled to the benefits of any other subsidiary or affiliate, except as may be expressly provided by a duly authorized and executed, enforceable written agreement.
b) Solely for reasons of convenience, the term "Cleco" is used to refer individually and collectively to Cleco Corporation and its affiliates, including but not limited to the public utility Cleco Power.
2. OTHER TERMS, CONDITIONS, AND POLICIES
In addition to this Agreement, there are other terms, conditions, and policies applicable to the utilization of particular web services that are now provided or will in the future be provided, such as paper-free billing; online account access; one-time online bill payment; recurring bill payments; the establishment, change or termination of utility services; changes of customer account profile information and email/SMS text message services. In the event of a conflict between this Agreement and any such other terms, conditions, and policies, this Agreement shall govern. Access to such other terms, conditions, and policies is provided in connection with accessing particular web services. A user accessing this website or using such other web services shall be deemed to have agreed to and be bound by such other terms, conditions, and policies in addition to this Agreement.
3. PROPRIETARY RIGHTS; SUBMISSIONS; LAWFUL USE
a) This website and the web services are proprietary to Cleco. Except as otherwise indicated, all information, text, images, logos, designs, graphics, photos, sounds, presentations, layouts, icons, documentation, forms, web services, web services data and other materials (herein referred to as "Content") on this website are the subject of copyrights, trademarks, service marks, and/or intellectual property or proprietary rights held by or licensed to Cleco, including but not limited to the "Cleco" name and its associated logo. Content of this website may not be published, copied, distributed, transmitted, modified, exploited, or used in the creation of derivative works, in any form or by or to any entity (other than Cleco) for any purpose without the prior written consent of Cleco; provided, however, that users of this website may download Content in connection with the ordinary utilization of the website and/or the web services for use by a single individual using a standard web browser, so long as such Content is not modified, altered, deleted, retransmitted, published, or otherwise changed and copyright, trademark and/or service mark, and other proprietary notices are not removed.
c) This website and the web services are provided only for lawful use. Any use of this website or the web services for any purpose contrary to applicable law is strictly prohibited.
4. SECURITY AND PRIVACY
b) Each user shall be responsible for the use, security, and safeguarding of such user's identification, password, Cleco account information, and other confidential information. Cleco shall have no responsibility or liability for damages resulting from the theft or unauthorized use of a user's identification, password, Cleco account information or other confidential information, including but not limited to the user's tax identification number, address, telephone number, credit card number, or bank account number.
5. EQUIPMENT AND NETWORK SERVICES
Each user is responsible for supplying and maintaining all hardware, software, access to networks, and communications and other equipment necessary for connectivity to gain access to this website and the web services. Cleco shall have no responsibility whatsoever with respect to the foregoing.
Cleco retains the right, exercisable in its sole discretion, at any time and from time to time, to monitor any and all activities on this website or in connection with the web services. Cleco further reserves the right, without the consent of or liability to any user or third party, to record, screen, edit, curtail, or remove any content on this website at any time and for any reason, including because it believes such content to be harmful, harassing, abusive, offensive, or in violation of this Agreement or any other terms, conditions, and policies applicable to this website or the web services. Cleco shall have no liability to any user or third party for the performance or non-performance of monitoring or other actions taken pursuant to this Agreement.
In connection with activities conducted on this website and with respect to web services Cleco may attempt to send you courtesy email confirmations or other emails with important information relating to your account. Delivery of email may be affected by circumstances beyond the control of Cleco, including but not limited to incorrect email addresses provided by users, changed email addresses as to which Cleco has not been notified, personal and Internet spam filters, size filters, timing of the delivery of emails, unavailability of emails, or other network problems. Cleco assumes no responsibility for the timeliness, deletion, missed delivery, or failure of emails for any reason whatsoever. Users have the responsibility to make every effort to allow delivery of email sent by Cleco. Cleco has no responsibility for damages or loss due to emails that are not received by users for any reason. Each user is responsible for reading and responding in a timely and appropriate manner to emails sent by Cleco.
8. EXCLUSION OF WARRANTIES
a) THIS WEBSITE, THE WEB SERVICES, AND ANY RELATED DOCUMENTATION ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b) The Content of this website may contain technical, typographical, or other errors, inaccuracies, or omissions. Cleco reserves the right, in its sole discretion, at any time, and for any reason, to make corrections, revisions, and changes to this website or the web services, and/or to suspend or terminate the availability of this website or the web services to any or all users, without prior notice. Cleco makes no warranty and shall have no responsibility to any user with respect to any such error, inaccuracy, omission, correction, revision, change, suspension, or termination.
c) Cleco makes no warranty that this website or websites accessible through this website are free of destructive computer code such as viruses, worms, trojan horses, and the like. Users should take their own precautions with respect to such code. Cleco shall have no responsibility or liability to any user with respect to any such code or damage caused thereby.
d) Cleco shall have no responsibility and makes no representation, warranty, or endorsement with respect to any other website that a user may access from this website or in connection with any web service. Access to any such other website(s) is provided solely as a convenience to users. Any such other website is independent of this website, and Cleco has no control over the content of any such other website. Users accessing other websites linked to this website do so entirely at their own risk, and are subject to such terms and conditions as are imposed by such other linked websites.
9. WEBSITE UNAVAILABILITY; FAILURE OF ONLINE TRANSACTIONS
The unavailability of this website or any web services, or the failure of any web service or online transaction for any reason, shall not relieve any utility customer or user from, or excuse the delay in the payment or performance of, any obligation owed to Cleco for or in connection with utility services that have been rendered or otherwise.
10. LIMITATIONS OF LIABILITY
IN NO EVENT WILL CLECO BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES FOR ANY USE OF THIS WEBSITE, THE WEB SERVICES, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON CLECO'S OR ANY USER'S COMPUTER HARDWARE OR INFORMATION HANDLING SYSTEMS, OR OTHERWISE, REGARDLESS OF WHETHER CLECO HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. CLECO IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, OR SOFTWARE FAILURES OR LOSSES OF ANY KIND, OR FOR FAILED, INCOMPLETE, DISTORTED, OR DELAYED DATA TRANSMISSIONS, OR EQUIPMENT INCOMPATIBILITIES, IN RELATION TO ANY USE OF THIS WEBSITE OR THE WEB SERVICES. CLECO IS NOT RESPONSIBLE FOR DAMAGE RESULTING FROM DESTUCTIVE COMPUTER CODE SUCH AS VIRUSES, WORMS, TROJAN HORSES, AND THE LIKE. UNDER NO CIRCUMSTANCES WILL CLECO BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF INFORMATION, INTERACTIVE FORMS, CONTENT, OR COMPUTER CODE ON THIS WEBSITE OR ANY WEBSITE ACCESSIBLE THROUGH THIS WEBSITE, OR RELATED TO THE WEB SERVICES.
Cleco will not be deemed to have waived any of the terms of this Agreement or any of its other terms, conditions, or policies with respect to this website or the web services, or any of its rights with respect to the foregoing, unless the waiver is in a written document expressly setting forth the nature and extent of the waiver, executed by a representative of Cleco duly authorized to execute and deliver the same. No delay or omission on the part of Cleco in enforcing this Agreement or any such other terms, conditions, or policies shall impair its current or future exercise of its rights and remedies thereunder or be construed as a waiver of any provision of this Agreement or any such other terms, conditions, or policies. No partial or single exercise of any right or remedy available to Cleco under this Agreement or any such other terms, conditions, or policies shall preclude the full availability to Cleco of such right or remedy.
No user may assign to any other person or entity its rights or obligations under this Agreement or under any other terms, conditions, or policies with respect to this website or the web services without the express written consent of Cleco. Cleco, in its sole discretion, may freely assign this Agreement or its rights and obligations hereunder or under any other terms, conditions, or policies with respect to this website or the web services, in whole or in part, to any third party or parties without the consent of or notice to any user.
13. APPLICABLE LAWS
This website and the Agreement are governed by the laws of the State of Louisiana, excluding its conflicts of laws principles, and, where and to the extent applicable, by federal law. Terms, conditions, and policies applicable to the provision of particular web services by specific Cleco utility subsidiaries are governed by the laws of the state in which the relevant Cleco public utility affiliate provides utility services, regardless of where a particular user is located or resides at the time the user obtains utility services, accesses the website, or makes use of the web services. Cleco does not represent that the materials on its website or in the web services may be used outside of the United States. Access to the website and use of the web services may not be legal by certain persons or in certain countries. Users who access this website or use the web services from outside the United States do so at their own risk, and are responsible for compliance with the laws of the jurisdiction from which the web site is accessed or the web services are used.
Captions and titles in this Agreement and in any other terms, conditions, or policies with respect to this website or the web services are for convenience only and are not to be construed to affect the meaning or affect this Agreement or any such other terms, conditions, or policies.
If any provision of this Agreement or of any other terms, conditions, or policies with respect to this website or the web services is determined to be void or invalid as a matter of law, the remaining provisions of this Agreement and of any such other terms, conditions, and policies shall not be affected thereby and shall remain in full force and effect.
16. FORWARD-LOOKING STATEMENTS
To the extent information on this website is contained in forward-looking statements, it is intended to fit within the legal safe harbor for forward-looking information and is subject to economic and industry factors, as well as future developments and events relating to Cleco's business, that could cause actual results to differ from those projected in such forward-looking statements.