Cleco Terms and Conditions
Terms and Conditions
These Terms and Conditions were updated on Sept. 28, 2020.
These Terms and Conditions govern your use of the Sites and Services. You agree to accept, without modification, all the terms, conditions, and notices set forth below. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES.
By accessing or using the Sites and Services, and accepting these Terms and Conditions, you agree that all the terms, conditions and notices below shall apply to your use of the Sites and Services, including, without limitation, the binding arbitration and waiver of jury trial provisions described in the Disputes section below. If you do not agree to the Terms and Conditions, please do not access or use the Sites or Services.
CLECO AFFILIATES; LIABILITY
Cleco Corporate Holdings LLC is a holding company for a public utility company (Cleco Power LLC) 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.) Solely for reasons of convenience, the term "Cleco" is used to refer individually and collectively to Cleco Corporate Holdings LLC and its, subsidiaries and affiliates, including but not limited to the public utility, Cleco Power LLC.
PROPRIETARY COPYRIGHT AND TRADEMARK RIGHTS AND USER SUBMISSIONS
The Sites and Services and all content and other materials therein including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively referred to as the “Content”) are the proprietary intellectual property of Cleco, and are protected by U.S. copyright, trademark and other intellectual property laws. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on the Sites and Services operated by other parties.
You are hereby granted a limited, nonexclusive, non-sublicensable right to access and use the Sites and Services; however, such right is subject to these Terms and Conditions and does not include (i) any resale or commercial use of the Sites and Services or the Content therein; (ii) the distribution or public display of any Content; (iii) modifying or otherwise making any derivative uses of the Sites and Services or the Content, or any portion thereof; (iv) use of any data mining, robots or similar data gathering or extraction methods; (v) downloading (other than the page caching) of any portion of the Sites and Services, the Content or any information contained therein, except as expressly permitted on by Cleco; or (vi) any use of the Sites or Services or the Content other than for their intended purposes.
Any use of the Sites and Services or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the rights granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by us, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The rights granted to you under these Terms and Conditions with respect to the Content and access to the Sites and Services are revocable at any time, with or without notice.
Please be aware that by submitting any photos, videos, questions, comments, suggestions, ideas (collectively, “Submissions”) whether by email or via the Sites or Services, you grant Cleco a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions in any media, now known or hereafter devised. You also agree that such Submissions may be shared with our service providers and other third parties. You further grant Cleco the right to pursue at law any person or entity that violates your or Cleco’s rights in the Submissions by a breach of these Terms and Conditions. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all “moral rights” (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by Cleco. We take no responsibility and assume no liability for any Submissions posted or submitted by you. If you do not agree to these Terms and Conditions, please do not provide us with any Submissions. We shall have the right (but not the obligation) to and review Submissions and any other information transmitted or received through the Sites and Services, or by email, and to censor, edit, remove or prohibit the transmission or receipt of any information or Submissions (in whole or in part) that we deem inappropriate or in violation of these Terms and Conditions. During monitoring, the Submissions may be examined, recorded or copied, and your use of the Sites and Services constitutes your consent to such monitoring and review.
You are fully responsible for the content of your Submissions. You are prohibited from submitting or transmitting to or from the Sites and Services: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party; and (iv) any material or content that contains a virus, bug or other harmful item. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your Submissions to the Sites and Services or by email. You acknowledge that we may exercise our rights (e.g. use, publish, delete) any Submission by you without notice to you.
Our policies with respect to claims by third parties that any Submission, infringes the copyrights owned by said third party can be found in the “Copyright Complaints; Repeat Infringer Policy” section below.
You are prohibited from violating, or attempting to violate, the security of the Sites and Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, but are not limited to:
- Logging into or attempting to log into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for your use;
- Infringement. You are prohibited from using the Sites or Services to infringe on any person's copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another;
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the Site or Services;
- Interfering with, intercepting or expropriating any system, data or information; or Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system.
- "Spam" and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters.
USE OF THE SITES AND SERVICES
As a condition of your use of the Sites and Services, you represent and warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use the Sites and Services in accordance with these Terms and Conditions; (iv) all information supplied by you to Sites and Services is true, accurate, current and complete; (v) you will comply with all applicable law, rules and regulations relating to your use of the Sites and Services, including any relevant federal and state laws and codes; (vi) if you have an online account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to the Services, at any time and for any reason, including, but not limited to, for violation of these Terms and Conditions.
LINKS TO THIRD PARTY SITES
The Sites and Services may contain hyperlinks to websites operated by parties other than Cleco. Such hyperlinks are provided for your convenience only. We do not control such websites and are not responsible for their content, privacy and/or security or other practices of such websites. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
DISCLAIMER OF WARRANTIES
CLECO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS AND CONTENT CONTAINED ON OR RELATED TO THE SITES AND SERVICES FOR ANY PURPOSE. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITES AND SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY CLECO. ALL INFORMATION, SOFTWARE, PRODUCTS, AND CONTENT CONTAINED ON OR RELATED TO THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. CLECO DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS THAT THE SITES OR SERVICES, ITS SERVERS OR ANY EMAIL SENT FROM THE CLECO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CLECO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS RELATED TO THE INFORMATION, SOFTWARE, PRODUCTS AND CONTENT CONTAINED ON OR RELATED TO THE SITES AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR RESPONSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. Applicable law in your jurisdiction may not allow the exclusion of certain warranties, so the above exclusions may not apply to you to the extent so prohibited.
The information, software, products and content contained on or related to the Sites and Services may include inaccuracies or errors, including pricing errors. In particular, Cleco does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies displayed on the Sites and Services. In addition, we expressly reserve the right to correct any pricing errors on our Sites and Services at any time.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CLECO BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF OPPORTUNITY OR OTHER PECUNIARY LOSS, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF, OR USE OF THE SITES AND SERVICES, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITES AND SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THE SERVICES; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITES AND SERVICES; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SITES AND SERVICES) EVEN IF CLECO HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES OR LOSSES, WHETHER SUCH LIABILITY IS BASED UPON CONTRACT, TORT, NEGLIGENCE OR OTHER LEGAL THEORY. Some jurisdictions do not allow certain limitations on damages, so the limitations and exclusions above may not apply to you. If this section is held to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
You agree to defend, indemnify and hold harmless Cleco, our respective officers, directors, employees and agents, from and against any and all third party claims, causes of action, demands, and associated recoveries, losses, damages, fines, expenses (including reasonable legal and other professional fees), penalties or other costs or expenses of any kind or nature, arising out of or resulting from: (i) your breach of these Terms and Conditions; (ii) your violation of any law or the rights of a third party; or (iii) your use of the Sites and Services.
ENTIRE AGREEMENT; WAIVER, ETC.
MODIFICATION/UPDATES TO TERMS AND CONDITIONS
These Terms and Conditions may be amended or modified by us at any time, without notice. We encourage you to review these Terms and Conditions each time you use the Sites and Services in case they have changed.
SEVERABILITY AND SURVIVABILITY
CAUTIONARY STATEMENT REGARDING FORWARD-LOOKING INFORMATION
The Sites and Services may contain forward-looking statements. Forward-looking statements are based on management’s beliefs and assumptions. Various factors may cause actual results to be materially different than the suggested outcomes within forward-looking statements. There is no assurance that such results will be realized.
Risk factors and uncertainties are identified and discussed in Cleco’s reports filed with the SEC and available at the SEC’s website at sec.gov. In light of these risks, uncertainties and assumptions, the events described in the forward-looking statements might not occur or might occur to a different extent or at a different time than described. Forward-looking statements speak only as of the date they are made and Cleco expressly disclaims an obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
MyAccount Terms and Conditions
I. General Terms
Acceptance of Terms and Conditions
By using and participating in MyAccount or by clicking “Register” when registering for MyAccount, you accept and agree to be bound and abide by the MyAccount Terms and Conditions until such time that your Services are discontinued. By using and participating in MyAccount you agree to automatic enrollment in Cleco Paperless Billing service, you also authorize Cleco to deliver your bills to you electronically. You will not receive a separate paper bill.
If you do not agree to the MyAccount Terms and Conditions, you must not access or use MyAccount. After you meet the above requirements, you will receive an email message from Cleco confirming your registration in MyAccount.
Any use of the Services contrary to the MyAccount Terms and Conditions or any applicable local, state, national, or international law or regulation, 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 you or any user, to revise the MyAccount Terms and Conditions. Modifications to these MyAccount Terms and Conditions will be posted on the Website and the “Last Modified” date at the top of this web page will be revised. You understand and agree that if you use the Services after the date on which the MyAccount Terms and Conditions have changed, we will treat your use as acceptance of the modified MyAccount Terms and Conditions.
Cleco and Affiliates
Cleco Corporate Holdings LLC is a holding company for a public utility company (Cleco Power LLC) 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. Solely for reasons of convenience, the term “Cleco” is used to refer individually and collectively to Cleco Corporate Holdings LLC and its, subsidiaries and affiliates, including but not limited to the public utility, Cleco Power LLC.
Privacy and Security
We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in these MyAccount Terms and Conditions, including the right to block access from a particular Internet address to the Services. You agree that any violation, or threatened violation, by you of these MyAccount Terms and Conditions constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Your Security Responsibilities
You agree that you are solely responsible for the use, security, and safeguarding of your identification, username password, account information, and other confidential information (collectively, your “Account Data”). For any accounts associated with you (your “MyAccount(s)”), you agree to provide true, accurate, current, complete and up-to-date information. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Services (or any portion thereof).
We reserve the right to take any action that we deem necessary to ensure the security of the Services and your MyAccount, including without limitation changing your password, terminating your MyAccount, or requesting additional information to authorize transactions on your MyAccount. You are responsible for keeping your Account Data and any security questions and responses associated with your MyAccount confidential. Anyone with knowledge of or access to your Account Data or the security questions and responses associated with your MyAccount may be able to use that information to gain access to your MyAccount.
You agree that you are solely responsible for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You further agree that you are solely responsible for any claims, losses, damages, expenses and costs incurred by the use of your Password by others including without limitation any authorized Delegated Users described below in Section III.
You also agree that you will not make use of someone else’s user name and password to gain unauthorized access to another user’s MyAccount or Account Data. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your MyAccount security by calling our Customer Contact Center described herein.
Customer Contact Center
If you have any questions about the Services, please contact Cleco by email using the form available at https://www.cleco.com/contact-us,, or by calling Customer Service at 1-800-622-6537, Monday-Friday 7 a.m. - 7 p.m. CST (excluding holidays).
Device Compatibility, Service Fees, and Additional Charges
Our Services function on certain devices and operating systems. You acknowledge that your operating system and future operating system upgrades to your device may or may not be compatible with our Services. You are solely responsible for any and all telephone and/or mobile carrier access fees, text messaging fees, data usage fees, and/or Internet service fees that may be assessed by your telephone, mobile carrier, and/or Internet service provider as a result of using any of the Services.
MyAccount offers notifications that allow you to receive important information about your account, such as billing, service outages, service request updates, and high usage alerts. These notifications are sent from Cleco through text messages and emails.
Opt-in: visit the Notifications Preferences page in MyAccount. Check the box(es) for the alert type(s) and way you would like to receive that alert, fill in the necessary information for that alert, and select “Save” to save your updates.
Opt-out: if you no longer want to receive account notifications, you can update your notification preferences by visiting the Notifications Preferences page in MyAccount. Uncheck the box(es) for the alert type(s) you wish to cancel and select “Save” to save your updates.
As described in “Activating Your MyAccount,” you may not opt out of receiving emails regarding billing or outage information.
You may provide an email address to us so we can send you important information. Delivery of email may be affected by circumstances beyond the control of Cleco, including but not limited to incorrect email addresses provided by customers, changed email addresses of which Cleco has not been notified, personal and Internet spam filters, size filters, timing of the delivery of emails, unavailability of email service, or other network problems. Cleco assumes no responsibility for the timeliness, deletion, missed delivery, or failure of emails due to the foregoing or the failure to store data, failure of personalized settings by customers or email service providers, or any other cause. Customers 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 customers for any reason. Each customer is responsible for reading and responding in a timely and appropriate manner to emails sent by Cleco.
If you have registered to receive notification messages on your phone, you agree to promptly notify Cleco of any changes to your phone number, as applicable, and update your account at the Site to reflect this change.
The delivery of the notifications is subject to the terms and conditions of your Internet service provider or mobile carrier. You also agree to the following as it pertains to specific usage of the notification messaging service, in addition to all other terms, agreements, and policies that apply to the other services you receive from Cleco.
You acknowledge that text messages are distributed via third-party mobile network providers and therefore Cleco cannot control certain factors relating to message delivery. Depending on your mobile service provider, it may not be possible to transmit the text message to you successfully. Cleco does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures, including any lost, late, or incomplete messages.
Message notifications may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including for example your equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent messages may not be received in a timely manner and that your wireless carrier does not guarantee that messages will be delivered.
Standard text messaging and data rates may apply. Text messaging frequency varies based on customer preferences and the status of your service.
Payment: you may choose to pay your bill by texting “PAY” to 69378 from your mobile device. You will be asked to confirm account information for verification purposes.
If you are not receiving messages from Cleco, please ensure that text messaging is not disabled on your phone. You may also contact Cleco for assistance at 1-800-622-6537.
When you download and install the Cleco mobile application (“Application” or “App”) from the appropriate application store for your mobile device, you may elect to receive push notifications or other types of messages directly sent to you outside or inside the Application (collectively, “Push Messages”). You may control the Push Messages in your device’s or the Application’s settings. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device’s or the Application’s settings or by deleting the Application. We may collect information related to your use of the App.
Disclaimer of Warranties
THE SERVICES AND ANY RELATED DOCUMENTATION ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION PROVIDED THROUGH THE SERVICES BEFORE RELYING ON IT. USE OF THE SERVICES IS AT YOUR SOLE RISK. CLECO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, COMPLETELY SECURE, OR ERROR-FREE.
The content of the Services 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 the Services and applicable content, or to suspend or terminate the availability of the Sites 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.
Cleco makes no warranty that the Services or websites or applicable content accessible through the Services are free of destructive computer code such as viruses, worms, Trojan horses, and the like. Users should take, and are responsible for taking, their own precautions with respect to such code.
Limitations of Liability
IN NO EVENT SHALL CLECO BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES FOR ANY USE OF THE 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, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; OR (C) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITES, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM USERS; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITES; OR (3) VIRUSES, 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 THE SERVICES. CLECO IS NOT RESPONSIBLE FOR DAMAGE RESULTING FROM DESTRUCTIVE 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 THROUGH THE SERVICES OR ANY WEBSITE ACCESSIBLE THROUGH THE SERVICES.
CLECO’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE MYACCOUNT TERMS.
You agree to indemnify and hold Cleco and its subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your violation of these MyAccount Terms and Conditions, or your violation of any law or regulation or any rights of another. Cleco reserves the right, at your expense, to assume the exclusive defense and control of any matter against which you are required to indemnify. You agree to cooperate in Cleco’s defense of such matter. This indemnification shall survive any expiration or termination of these MyAccount Terms and Conditions.
Cleco will not be deemed to have waived any of the terms of these MyAccount Terms and Conditions or any of its other terms, conditions, or policies with respect to the 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 its rights or remedies under these MyAccount Terms and Conditions 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 these MyAccount Terms and Conditions or any such other terms, conditions, or policies. No partial or single exercise of any right or remedy available to Cleco under these MyAccount Terms and Conditions or any such other terms, conditions, or policies as may be applicable with respect to the Services 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 these MyAccount Terms and Conditions or under any other terms, conditions, or policies with respect to the Services without the express written consent of Cleco. Cleco, in its sole discretion, may freely assign these MyAccount Terms and Conditions or its rights and obligations hereunder or under any other terms, conditions, or policies with respect to the Services, in whole or in part, to any third party or parties without the consent of or notice to any user.
These MyAccount Terms and Conditions shall be governed by and construed under the laws of the state of Louisiana without regard to conflicts of law provisions and, where and to the extent applicable, by federal law.
SeverabilityIf any term or condition, or portion thereof, in these MyAccount Terms and Conditions is deemed unlawful, void, or for any reason unenforceable, then that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions. Notwithstanding any other terms or conditions in these MyAccount Terms and Conditions, or any general legal principles to the contrary, any term or condition of these MyAccount Terms and Conditions that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these MyAccount Terms and Conditions.
II. Activating Your MyAccount
You must first request to start your service before you can activate MyAccount. To activate, you must provide your Cleco account number, the last four digits of your Social Security Number (or Employer Identification Number for commercial customers), and a valid email address. Once you provide your email address, you may opt out of receiving emails regarding billing or outage information. It is your responsibility to provide true and accurate online account information and to update your information immediately upon any changes to the information. Cleco is not responsible and shall have no liability for any processing errors or fees incurred if you do not provide accurate account or contact information. Your activation in MyAccount online service may not be fulfilled if we cannot verify your identity or other necessary information.
It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to; name, address, phone number(s) and email address(es). Changes or cancellation of your MyAccount Online Service can be made either within the application or by contacting the Customer Contact Center.
Cleco reserves the right to cancel MyAccount usage without notice and in its sole discretion for inappropriate use, including fraudulent activity on the online service, or for any other safety, security, or operational concern. Your obligation to pay your Cleco bill by the due date is not altered or modified in any way by any cancellation of the MyAccount service.
If you are the primary account holder and want to allow another person or third-party to act as your representative or delegate in connection with MyAccount, you may grant access to a guest user or delegate to your MyAccount online profile.
By granting guest read-only access to your online account, you are providing the guest user authority to: view bill and payment history, view usage, and enroll in account notifications.
By granting guest full access to your online account, you are providing the guest user authority to: view bill and payment history, pay bills, view and manage financial information, change contact information, and enroll in account notifications. They are also able to enroll in budget billing, automatic payment, payment arrangement, and payment extension if the account is eligible.
The account holder is responsible for all charges incurred as a result of guest access. You may revoke this access at any time.
If you are accessing MyAccount on behalf of the account holder, you agree to be fully responsible for, and indemnify Cleco against, any and all losses, claims, liabilities, damages, and expenses (including, without limitation, legal fees and costs) associated with your use regardless of negligence or fault.
The owner can change or revoke a guest’s access to the online account at any time.
A guest can revoke and cancel their guest access by unlinking the account or by contacting the owner to request that the owner revoke it.
IV. MyAccount Management Service
MyAccount allows you or your delegates (if applicable) to access online services specific to your Cleco account(s) or accounts authorized to you as a guest user or delegate. Available services under the MyAccount umbrella include online billing and payment, as well as other account-related information and analysis tools. (Some of such services are also available, in whole or in part, without the use of MyAccount.) Cleco may, in its sole discretion, add additional online services to MyAccount, in the future.
Cleco reserves the right to modify or discontinue any or all services or features of MyAccount at any time, without notice, or to offer specific programs only to customers meeting applicable qualifications. Subject to satisfying the qualifications for a particular program, you may elect to use one or more of the features available without being obligated to use them all.
V. Payment Programs
By participating in MyAccount you agree to automatic enrollment in Cleco Paperless Billing service, you also authorize Cleco to deliver your bills to you electronically. You will not receive a separate paper bill. A notification that your monthly bill is available will be sent to your email address. Cleco charges no fees for the Paperless Billing service. Some types of bills and accounts are currently not eligible for Paperless Billing and, if applicable, those bills will be sent via U.S. mail. Please be sure to review the Email Notifications section of these Terms.
In the event you wish to cancel the Paperless Billing service, you may do so via MyAccount or by calling Customer Service at 1-800-622-6537.
Cleco reserves the right to cancel the Paperless Billing service to you at any time without notice and in its sole discretion for continued violations or inappropriate use, including fraudulent activity on the online service. Neither termination nor discontinuation shall affect your liability or obligations arising prior to or as a result of such termination or discontinuation.
You may set up Budget Billing via MyAccount or by contacting Cleco Customer Service at 1-800-622-6537.
By enrolling in Budget Billing you affirm that:
- You are required to pay your Budget Billing amount in full every month, or you may be removed from the Budget Billing program.
- The monthly budget amount may differ if the billing period is shorter than 25 days or longer than 35 days.
- Payments made in excess of the monthly Budget Billing amount will be applied to future monthly statements.
- Monthly budget amounts will be reviewed every six months. Adjustments may be made if the calculated new monthly bill payment changes by plus or minus 10% from the current monthly budget payment.
- If you unenroll from Budget Billing, the remaining balance will be due when you cancel your enrollment.
- If you move within Cleco’s service area, you will need to unenroll from Budget Billing and pay the remaining balance (if applicable) for your energy usage at that location. After you start service at your new location, you can enroll again in Budget Billing. You will have a new Budget Billing monthly amount at that time.
You may set up a Payment Arrangement via MyAccount or by contacting Cleco at 1-800-622-6537. A Payment Arrangement is an arrangement to pay a schedule of fees of a period of time. Payments must post by the due date to keep your account in good standing. A default in this Arrangement could result in removal of your Payment Arrangement, interruption and/or termination of service, and/or referral to a collection agency or a credit rating agency. You can pay the remaining balance before the term limits of the payment arrangement ends.
As a part of this Arrangement, you acknowledge that:
- The terms of this Arrangement require that you pay all future bills for utility service by the due date,
- You must make all payment arrangements to Cleco as arranged in this Arrangement,
- You have been offered the opportunity to spread payments out over the eligible period, and
- Default of this Arrangement may result in interruption of services and/or late payment fees.
You may set up a Payment Extension via MyAccount or by contacting Cleco at 1-800-622-6537. A Payment Extension gives you the option of extending your current bill due date.
As a part of the Extension, you acknowledge that:
- The terms of this Extension require you to pay the amount identified by the due date described in the Extension,
- You will be charged a late payment fee in accordance to your rate schedule on the current amount due, which will be added to your next bill.
- Extending your current bill due date does not extend your next bill due date. You will need to pay both the extended amount and next bill amount on the dates they are due
- Defaulting on this payment extension (or any payment) may cause an interruption and/or termination of your service and you could be referred to a collection agency and/or a credit rating agency.
Program Qualification & Restrictions
Eligible Residential and Commercial customers are permitted to utilize Cleco Online Payment service (“Online Payment”) via MyAccount if the following requirements are met:
You must have a current/valid U.S. bank account at a financial institution, or a valid credit or debit card where the payment will be withdrawn. Payments will be withdrawn by our third-party vendor on the date specified.
Your Cleco account must be active or have a balance owing.
Your Commitment to Us
It is your responsibility to:
Ensure there are sufficient funds available in your checking or savings account to meet each withdrawal on the due date. If there are insufficient funds in your account, your financial institution and Cleco may charge you a fee and/or interest. You are solely responsible for paying any fee and/or interest charged by your financial institution or Cleco. Check your account statement to verify that the amounts debited from your account are correct.
Any overpayments resulting in a credit balance cannot be refunded but will be applied as a credit on your Cleco account. Requests for refunds due to overpayment should be directed to your financial institution which may charge a fee associated with the refund request.
Arrange an alternate payment method if you cancel the scheduled withdrawal.
Online Payment Options
By requesting an online payment, you affirm that:
- You are authorized to make payments for this account(s),
- You have provided true and accurate online account information,
- You will update information immediately upon any changes to the information,
- You understand Cleco is not responsible and shall have no liability for any processing errors or fees incurred if you do not provide accurate account or contact information, and
- You understand that this payment may not be fulfilled if Cleco cannot verify your identity or other necessary information.
One-time Online Bill Payments
You may make one-time Online Bill Payments via MyAccount or on the Cleco website.
If you choose to make one-time online bill payments, you will need to provide information regarding your preferred payment method and account. We will use information collected from you only as necessary to assist in processing payments according to your directions and these Terms. Once you schedule a payment, it may not be possible to cancel it and it may be subject to return payment fee(s) if you try to cancel. Contact your financial institution if you identify concerns with your payment account. If you have questions about scheduling a payment, a scheduled payment or cancelling a payment, contact us at 1-800-622-6537.
By using the Automatic Payment service, you agree to the following:
You certify that you are the owner of the account and are authorized to allow automatic payments to be made by your account. You hereby authorize and request Cleco to effect payment for service rendered at the address specified in your Automatic Payment enrollment section by initiating debit entries to your account in the financial institution named in your Automatic Payment enrollment section (hereinafter called “Financial Institution”). These debit entries are to be initiated by Cleco periodically as such amounts become due without any further authorization from you. If necessary, Cleco may process your payment on the next available banking day or, if rejected, may make additional attempt(s) to charge your account.
You authorize and request Financial Institution to accept any debit entries initiated by Cleco to such account and to debit the same to such account without responsibility for the correctness thereof. You acknowledge that credit card payments are handled by one or more third-party processors and agree to be subject to terms applicable to you as the credit card holder. It is understood that the debit entry sent to the Financial Institution may not exceed the amount on your bill, which will be mailed or electronically available to you at least 15 days before the transfer takes place. The transfer will take place on the date shown on the bill.
It is understood that enrollment in Automatic Payment may be terminated by you at any time up to one (1) business day before the scheduled date of payment transfer. Such termination also cancels any scheduled payment(s). Enrollment termination may be made via MyAccount. Any such notification to Cleco shall be effective only with respect to entries initiated after receipt of such notification. Any such notification to Financial Institution shall be effective only with respect to entries debited to your account by Financial Institution after receipt of such notification.
It is understood that if your current bill is due less than two (2) days from the day you enroll in automatic payment, you will need to make an additional manual payment of the current amount. Automatic payments start after that.
Recurring Payment is a payment option offered in MyAccount. You select the fixed amount to be automatically withdrawn from your bank account or charged to your credit card monthly.
By enrolling in Recurring Payment, you affirm that:
- You are required to pay your bill amount in full by the bill due date.
- If you do not pay your bill amount in full by the due date, you will receive a late payment fee and could be subject for disconnection.
- If you do not pay your bill amount in full by the due date and you are on Budget Billing, you may be removed from Budget Billing.
- If you do not pay your bill amount in full by the due date and you are on a Payment Arrangement, your Payment Arrangement will be canceled, your total account balance may become due immediately, and you could be subject for disconnection.
Selecting a Payment Date
A bill payment is considered “processed” on the business day that you selected for payment. We incur no liability if we are unable to complete your payments due to any of the following circumstances:
- Your payment account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
- The bill payment processing center is not working properly, and you know or have been advised by us about the malfunction and alternate means of paying your bill before you execute the transaction.
- Circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside force) prevent the timely execution of the transaction.
Provided none of the foregoing three (3) exceptions are applicable, if we cause an incorrect amount of funds to be removed from your payment account, we are responsible for returning the improperly transferred funds to your payment account.
If we are unable to complete your online payment transaction for any reason associated with your payment account (for example, there are not sufficient funds in your payment account to cover the transaction), the bill will remain due and unpaid. In some instances, you will receive a return notice. In such case, you agree that:
- You will pay us the amount of the bill due at that time.
- You may also be assessed return payment fees.
- You may be required to reimburse us for any fees imposed on us by your financial institution as a result of the failure to complete the payment transaction.
- You may be required to reimburse us for any fees we incur in attempting to collect the amount of the payment; and
- We are authorized to report the facts concerning the failure to complete the automatic payment transaction to a credit reporting agency.
Unauthorized or Disputed Payments
If you believe that someone has made an unauthorized payment through Online Payment without your permission, contact your financial institution immediately. You are solely responsible for any unauthorized payments, although your financial institution may provide some form of fraud protection.
In case of disputes or questions about your Online Payment, contact Cleco by email using the form available at https://www.cleco.com/contact-us, or call us 1-800-622-6537, Monday-Friday 7 a.m. - 7 p.m. CST (excluding holidays). Cleco must hear from you within sixty (60) days after the first bank statement on which the problem appeared was sent to you. Please provide your name and Cleco account number, describe the error or transfer about which you are unsure, why you believe there is an error, and the dollar amount of the suspected error.
Cleco will inform you as to the result of the investigation within ten (10) business days after Cleco hears from you and will correct any error promptly. If more time is needed, however, Cleco may take up to forty-five (45) days to investigate your complaint or questions. If no error is found, Cleco will contact you within three (3) business days after the investigation is completed.
Participation in Cleco Online Payment is completely optional. Cleco reserves the right to suspend or discontinue accepting online payments at any time, for any reason without prior notice. Cleco will attempt to provide you with prior notice of suspension or termination of Online Payment, but Cleco will not be liable for any failure to do so. Neither termination nor discontinuation of Online Payment shall affect your liability for transactions initiated through this service.
VI. Cleco Energy Service
If you would like to start service, the following terms shall apply:
- If your requested start date is not a business day, your service start date may be pushed to the first business day after the date you requested.
- Your start service request should be received at least one business day before the date you want service to be started.
- Inaccurate or incomplete data submitted may result in services not starting on the requested date.
- Pets must be restrained during the time of meter start service.
- Once service is started, you are responsible for all charges that are billed while services are in your name.
- If you move, you must initiate a stop service request.
- Once you receive an Cleco account number, you may Activate Your MyAccount.
- If you choose not to use MyAccount, you may contact us at 1-800-622-6537 for account management.
You may request a stop to your service(s) via MyAccount or by contacting Cleco at 1-800-622-6537.
If you would like to discontinue service, the following terms shall apply:
- Your request to stop service should be received at least one business day before the date you want service to be stopped. If your requested turn-off date is not a business day, service termination may be pushed to the first business day after the date you requested.
- Incomplete or invalid data submitted may result in services not stopping on the requested date.
- Until Cleco receives proper notice, Customer maintains all the responsibilities, obligations or other liabilities with respect to the account and final bill. For example, if you move without telling us, you must continue to pay Cleco for utility service provided at the service site, even if you did not personally receive it.
- After your service is stopped, you will be billed through the date your service was stopped in accordance and compliance with the notice provisions set forth.
- The actual account balance will be due on the due date of the final bill.
- The final bill for customers enrolled in budget billing may be more or less than the current budget amount.
- The final bill will be mailed and will also be available online. If you are a Paperless Billing customer, your final bill will not be mailed and instead you will receive notification of your final bill via email.
Physical Disconnection of Meters
When a stop service order is requested, a physical disconnection of the meter(s) may occur depending on a variety of factors. If you have questions whether a physical disconnect is applicable or available to your meter, please contact Cleco at 1-800-622-6537.
If a physical disconnect of your meter is requested or required, the following terms shall apply:
- Cleco is not liable for any claims, actions, demands, losses, findings, causes of action, penalties, determinations, fines or other damages of any kind whatsoever, to persons or property, directly or indirectly caused by or related to the property not having utility service.
- If you request to have service restarted at this address in the future, you may encounter a fee(s) for each meter to reconnect your service.
If the property is a rental property, the following additional terms shall further apply:
- Tenants who would like to start or stop service may do so via MyAccount or by contacting Cleco at 1-800-622-6537.
- The landlord of rental property may be notified of your request to stop service.
Mobile Terms & Conditions
Terms & Conditions
This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you ("End User,” “User,” “Users” or "you") and Cleco Corporate Holdings LLC and its, subsidiaries and affiliates, including but not limited to the public utility, Cleco Power LLC (individually and collectively "Company"). This Agreement governs your use of the Cleco MyAccount Mobile App on the iOS (Apple) and Android mobile platform, (including all related documentation, the "Mobile Application"). The Mobile Application is licensed, not sold, to you.
BY [CLICKING THE “AGREE” BUTTON AND] USING THE MOBILE APPLICATION, YOU ACKNOWLEDGE AT EACH INSTANCE OF USE THAT YOU (A) HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE MOBILE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
Cleco Corporate Holdings LLC is a holding company for a public utility company (Cleco Power LLC) 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. Solely for reasons of convenience, the term “Company” is used herein to refer individually and collectively to Cleco Corporate Holdings LLC and its, subsidiaries and affiliates, including but not limited to the public utility, Cleco Power LLC.
You agree to the following terms and conditions of use of the Mobile Application:
License. Subject to the terms of this Agreement, Company grants you a non-exclusive, non-sublicensable, non-transferable, personal, and limited right to:
(a) download, install, and use the Mobile Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Mobile Application's documentation; and
License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:
(a) copy the Mobile Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Mobile Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Mobile Application, to any third party for any reason, including by making the Mobile Application available on a network where it is capable of being accessed by more than one device at any time;
(f) use any robot, spider, or other automatic device, process, or means to access the Mobile Application for any purpose, including monitoring, copying or scraping any of the material or data on or accessible through the Mobile Application;
(g) use any manual process to monitor or copy any of the material or data on the Mobile Application, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;
(h) frame, mirror, or otherwise incorporate the Mobile Application or any portion of the Application as part of any other mobile application, website, or service;
(i) use the Mobile Application in any manner that could disable, overburden, damage, or impair the Mobile Application or interfere with any other party's use of the Mobile Application;
(j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile Application; or
(k) use the Mobile Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
Content and Services
All text, information, data, photographs, graphics, html, software, source and object code, video and audio clips, trademarks and logos, and the like (“Content”) appearing in this Mobile Application belong to Company or its affiliates, licensors or suppliers, except as otherwise specified in this Mobile Application. Users (as defined herein) may use the Content only on a mobile device (e.g., Apple iPhone or iPad, Android Device, or Microsoft Windows Mobile Device) that they own or control, and solely for their personal, internal, noncommercial use. Any Content downloaded or printed must not remove our copyright, which is: “© [Applicable Date] Cleco Corporate Holdings LLC. All rights reserved.” No other use of the Content hereof, including without limitations any republications thereof, is permitted without prior written permission from the Company. Any User determined to have violated the copyright of a third party by transmitting or posting material in connection with this Mobile Application that infringes upon such party’s copyright or other legal rights may be excluded by Company from this Mobile Application.
All trademarks used on this Mobile Application are owned by the Company, or, in a few cases if applicable, used with the permission of their respective owners. No trademark, including, without limitation, logos and Internet domain names using the trademarks “Cleco, Cleco Power, or Cleco Corporate Holdings” (all whether or not capitalization or spaces are used) may be used or reproduced by any party without the prior written permission of the Company or the trademark owner.
Other than the non-exclusive, non-sublicensable, non-transferable, personal, and limited right of use by Users as specified herein, no rights to such Content or portions thereof, regardless of the form in which it appears, are conveyed by its display on this Mobile Application or by the accessing thereof by any User. A User may not: (a) separate any individual Content or component of the Mobile Application for use other than in connection with the Mobile Application; (b) incorporate any portion of it into any User’s own programs or compile any portion of it in combination with any User’s own programs; (c) transfer it for use with another service; or (d) sell, rent, lease, lend, loan, distribute, publicly communicate, transform, or sub-license the Mobile Application or otherwise assign any rights to the Mobile Application in whole or in part. Company will be responsible for any Mobile Application maintenance or support.
The Company reserves the right to revise, supplement or discontinue all or portions of the Mobile Application from time to time. Additionally, the Company reserves the right to change the Terms and Conditions at any time, effective immediately upon User’s use of the Mobile Application after this Mobile Application is updated. “User” and “Users” mean any individuals or entities using, accessing, downloading, installing, obtaining, or providing information from or to, this Mobile Application. All references to the plural herein shall also mean the singular and to the singular shall also mean the plural unless the context otherwise requires.
Users must forego use, or discontinue use, of this Mobile Application immediately if they do not agree or accept all of these Terms and Conditions. The Company retains the right to remove or bar any User from using this Mobile Application at its sole discretion.
Collection and Use of Your Information
Company may, in its sole discretion, provide access to Users to restricted portions of this Mobile Application, including, without limitation, one or more User accounts where specific customer information and services may be provided and/or obtained.
Users accessing such locations may be subject to additional terms and conditions as specified in connection with the services provided. Users with service accounts are exclusively responsible for preserving the confidentiality of any log on information, User account information, and any actions or inactions in connection with such account.
If a User submits any digital images or other content including all photographs, illustrations, graphics, and text (collectively, “Materials”) to Company through the Mobile Application, then the following terms will also apply:
- User may only submit Materials to Company through the Mobile Application for which User holds all intellectual property rights. In other words, if a User submits a digital image to Company, the User must own all rights to such image or the User must have the authorization of the person who does own those rights. Minors may not submit Materials to Company through the Mobile Application. Further, a User may not submit any personally identifiable information about any child under the age of 13.
- User hereby grants to Company a worldwide, nonexclusive, royalty-free, perpetual right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Materials, in whole or in part, in any manner and media of conveying information, whether now known or hereafter devised (“Media”), (b) modify, adapt, translate and create derivative works from the Materials, in whole or in part, in any manner and Media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.
- User hereby grants to Company and its sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. User grants to Company and its sublicensees the right to use the name that User submits in connection with the Materials.
Users’ wireless carriers, the manufacturers and retailers of the Mobile Devices on which Users are downloading, installing, using or accessing the Mobile Application, the developer of the operating system for Users’ Mobile Devices, and the operator of any application store or similar service through which Users obtain the Mobile Application, if any, (collectively, the “Third Parties”) are not parties to these Terms and Conditions and they do not own and are not responsible for the Mobile Application. The Third Parties are not providing any warranty for the Mobile Application. They are not responsible for maintenance or other support services for it and shall not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Mobile Application.
Users acknowledge and agree that the Third Parties and their subsidiaries are third party beneficiaries of these Terms and Conditions and that they have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against Users as a third-party beneficiary thereof.
The Mobile Application was built for the most current, generally available version of a User’s Mobile Device's operation system and compatibility issues may be encountered when using older versions. Wireless network coverage and Wi-Fi network speed varies by provider and geographic location. Company is not responsible for limitations and/or failures in performance associated with any wireless or Wi-Fi service used to access this Mobile Application or for the security of any wireless or Wi-Fi service. Further, Company is not responsible for data network usage charges or fees, which are the sole responsibility of User.
Mobile Application Updates
Company may require Users to update their version of the Mobile Application at any time, which updates may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Mobile Application and be subject to all terms and conditions of this Agreement. While every effort will be made to retain Users’ personal settings and preferences, there is still the possibility that they may be lost.
Wireless Coverage Problems and Disabled Features
It is possible that a wireless connection can be interrupted, or that a feature can be disabled, when attempting to conduct transactions on the Mobile Application. Should this happen, Users should review their transaction status to verify the status of the attempted transaction when they return to an area with wireless coverage or have access to a computer. Users may also contact a customer service representative at the telephone number provided in the “Contact Information” section of the Mobile Application.
U.S. Government End Users
Any software that is part of the Mobile Application and is available for download or use is a “Commercial Item” as that term is defined 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as the terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with these provisions, such software is licensed to U.S. Government end users (a) only as a Commercial Item, and (b) with only those rights as are granted to all other end users pursuant to these Terms of Conditions. Unpublished rights are reserved under U.S. copyright laws.
Term and Termination
(a) The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Term and Termination Section.
(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
(c) Company may terminate this Agreement and User Access at any time without notice, at its sole discretion, included but not limited to if Company ceases to support the Application. In addition, this Agreement and User Access will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Mobile Application and delete all copies of the Mobile Application from your Mobile Device and account.
(e) Termination will not limit any of Company's rights or remedies at law or in equity.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR THIRD PARTIES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE MOBILE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Use of this Mobile Application involves the electronic transmission of information across the networks of your wireless service provider. Because the Company does not operate or control the wireless networks used to access the Mobile Application, the Company is not responsible for the privacy or security of wireless data transmissions. Users should use only reputable service providers and check with their wireless service provider for information about its privacy and security practices.
Disclaimer of Warranty
THE MOBILE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MOBILE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. No oral or written information or advice given by COMPANY or ITS authorized representatives shall create a warranty or in any way increase the scope of COMPANY’S obligations under these Terms and Conditions.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Users will indemnify, defend, and hold harmless the Released Parties from any claim, demand, liability, cause of action, lawsuit, damages, or costs (including reasonable attorneys' fees and disbursements) arising in connection with their use of the Mobile Application (including our products, services, and Content), including, but not limited to incorrect Mobile Application information, content, or delivery, or Company or third-party products and services. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Users, but doing so will not excuse Users indemnity obligations.
The Mobile Application may be subject to US export control laws, including but not limited to the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Mobile Application to, or make the Mobile Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Mobile Application available outside the US.
Certain location-enabled functionality (e.g., locating the nearest Company payment office or nearest CNG station) made available in the Mobile Application is provided by third party providers. Users use of that functionality is subject to such third party’s terms and conditions (as updated from time to time). Users must exercise their own judgment as to the adequacy and appropriateness of the information. All location-based information is provided entirely “as-is,” without warranties of any kind.
Agreement to Arbitrate Disputes
Waiver of Class Arbitration
To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis in each party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator does not have the power to consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Users expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise. By using, accessing, downloading, installing, obtaining, or providing information from or to, this Mobile Application, Users acknowledge that they are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute.
Enforcement of Arbitration Award
The arbitrator’s award shall be final and binding on all parties subject to these Terms and Conditions and may be entered as a judgment in any court of competent jurisdiction.
If any provision of these Terms and Conditions is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.
Additional Android Operating System Device Terms
This Section applies to Users only if such Users use the Mobile Application on an Android Operating System device (e.g., Android Phone, Android Tablet) (any such device, an “Android Device”). Company is solely responsible for the Mobile Application on your Android Operating System Device, and Users may use the Mobile Application on their Android Operating System Device only as permitted by these Terms of Conditions and the “Usage Rules” set forth in the Google Play Terms of Service (https://play.google.com/intl/en_us/about/play-terms.html). As between Company and Google Inc., to the extent that: (a) Company is required to address any claims related to User’s or a third party's use or possession of the Mobile Application on User’s Android Operating System Device, Company will be responsible for addressing, investigating, or defending the claim; and (b) Company has not effectively disclaimed any warranties relating to the Mobile Application on User’s Android Operating System Device, Company will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Mobile Application fails to conform to any warranty. If the Mobile Application on User’s Android Operating System Device fails to conform to any applicable warranty, User may notify Google Inc. for a refund of the purchase price of the Mobile Application on User’s Android Operating System Device, if any. Google Inc. will not have any other warranty obligations whatsoever with respect to the Mobile Application on User’s Android Operating System Device. Google Inc. and its subsidiaries are third party beneficiaries to these Terms and Conditions and Google Inc., and its subsidiaries may enforce these Terms and Conditions against Users as a third-party beneficiary of these Terms of Conditions.
Additional Apple Device Terms
This Section applies to Users only if such Users use the Mobile Application on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”). Company is solely responsible for the Mobile Application on your Apple Device, and Users may use the Mobile Application on their Apple Device only as permitted by these Terms of Conditions and the “Usage Rules” set forth in the Application Store Terms and Conditions. As between Company and Apple Inc., to the extent that: (a) Company is required to address any claims related to User’s or a third party's use or possession of the Mobile Application on User’s Apple Device, Company will be responsible for addressing, investigating, or defending the claim; and (b) Company has not effectively disclaimed any warranties relating to the Mobile Application on User’s Apple Device, Company will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Mobile Application fails to conform to any warranty. If the Mobile Application on User’s Apple Device fails to conform to any applicable warranty, User may notify Apple Inc. for a refund of the purchase price of the Mobile Application on User’s Apple Device, if any. Apple Inc. will not have any other warranty obligations whatsoever with respect to the Mobile Application on User’s Apple Device. Apple Inc. and its subsidiaries are third party beneficiaries to these Terms and Conditions and Apple Inc., and its subsidiaries may enforce these Terms and Conditions against Users as a third-party beneficiary of these Terms of Conditions.