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Terms of Use

Thank you for visiting UES.com.

This Site is owned and operated by UniSource Energy Services and provides valuable information and a variety of services to UES customers.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE FURTHER ACCESSING THE SITE.

This Agreement contains all of the terms and conditions for accessing the Site. By accessing the Site and any of its pages you acknowledge that you have read, accept and agree to be bound by all of the terms and conditions set out in this Agreement as of the date and time of your use. If you do not agree with all of the terms and conditions, do not access the Site or any of its pages. UES reserves the right to unilaterally modify the Terms of Service at any time without notice to you. UES may also make improvements to or changes in the services or products offered on the Site at any time without notice.  Please check these Terms of Service periodically for any updates.

Definitiions

“UES” shall mean UniSource Energy Services including its parent company, subsidiaries and affiliates. “Agreement” shall mean these Terms of Service together with the UES Internet Privacy Policy each as of the date and time of your use. “Content" shall mean all materials, information, data, images, tools and applications contained on the Site, including but not limited to, trademarks, service marks, names, logos, copyrightable materials, text, graphics, files, photographs, audio, video and software. “Site” shall mean UES.com. “Third Party Sites” shall mean web sites owned and operated by parties other than UES.

1. GENERAL

You agree to use the Site only for your personal and noncommercial residential or business purposes and in compliance with all applicable laws, rules and regulations that may apply to such use. Your use of the Site is subject to any additional disclaimers and notices you may access during your use of the Site. You are permitted to access and use the Site, provided that you do not modify its Content and you retain all copyright, trademark and other proprietary markings displayed on the Content. Unless otherwise stated in this Agreement, you may not reproduce, distribute, frame or mirror any of the Content and incorporate it into another web site or publication without UES’s prior written consent.

2. USE OF INFORMATION AND MATERIALS

The Content which appears in this Site is subject to change without notice and may not be current or accurate. UES is not responsible for any inaccuracies in the Content, and, as further described below under the headings NO WARRANTY and LIMITATION OF LIABILITY, UES is providing all Content "as is."  Accordingly, you bear all risk associated with your use of or reliance on such Content.

3. PRODUCTS AND SERVICES

UES operates this Site within its service territory in the State of Arizona. Not all of the products and services described in the Site are available in all jurisdictions and to all prospective users. Your eligibility for particular products or services or for access to certain Content may be subject to final approval and acceptance by UES. Investment products and services described or offered in this Site are not obligations of or guaranteed by UES. All investment services are subject to risk for which UES shall not be responsible.

4. INTELLECTUAL PROPERTY INFORMATION

Unless otherwise indicated in the Site, UES is the exclusive owner of, or holds a license to, all intellectual property rights, including copyright, in all of the pages and screens displaying the pages of this Site, the Content contained therein and in the arrangement of the Content, all of which is protected under U.S. and foreign copyright, trademark and other intellectual property laws. No use of UES intellectual property is permitted except as is expressly authorized by UES in this Site or under separate written agreement with UES. The name UNISOURCE ENERGY SERVICES, the UES Logo and all product and service names, are service marks of UES. You may not use or display any such marks of UES or any company referenced in the Site without the express prior written permission of UES or the owner of such marks, names or logos.

5. UNAUTHORIZED ACCESS OF THIS SITE

Any unauthorized access or use of the Content is prohibited, including any activity that alters, interferes with or disrupts the Content or the functioning of the Site or uses the Site to gain unauthorized access to protected information or other computer systems or networks. Any breach of security, hacking activity, graffiti placement, transmission of any virus or worms or other misuse of this Site or Content is prohibited and shall be prosecuted to the full extent of the law.

6. NO WARRANTY

USE OF THE SITE IS AT YOUR SOLE RISK. The Content and Site operation are provided "as is" and "as available” with no warranties whatsoever. UES does not warrant the accuracy, adequacy or completeness of the Content and expressly disclaims, to the fullest extent permitted by law, liability for errors or omissions in the Content. No warranty of any kind, implied, express or statutory, in existence now or in the future, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, or freedom from errors or interruption, computer viruses or other infirmity, is given by UES.

7. LIMITATION OF LIABILITY AND NO WARRANTY

To the maximum extent permitted by applicable law, In no event will UES be liable for any damages, however caused and under any theory of liability, including, without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, including the downloading of content from this Site, THE CONTENT or use thereof or inability to use same by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or other infirmity or corruption, or line or system failure, even if UES or its representatives are advised of the possibility of such damages, losses or expenses. Authorized hyperlinks to other Internet resources, if any, including Third Party Sites, are provided as a convenience only; the content, accuracy, opinions expressed, information and materials contained therein, conduct displayed or permitted therein and other links provided by these resources are not monitored, investigated, verified, endorsed or approved by UES. BY VISITING A THIRD PARTY SITE, YOU ARE SUBJECT TO THE TERMS OF Service AND PRIVACY POLICY APPLICABLE TO SUCH THIRD PARTY SITE. You bear all risks associated with your use of Third Party Sites, and agree that UES shall not be liable for any damages that arise from your use thereof, INCLUDING THE PURCHASE Of THIRD PARTY GOODS AND/OR SERVICES. Further, UES shall not be liable in any manner for any comments or information provided or posted by users of this site in any FORUM or other areas of this site which permit communication by users.

Notwithstanding the foregoing, in no event will UES's total liability for all causes of action, losses and damages arising out of the use of this Site and under any theory of liability (whether in tort, including negligence, contract or otherwise)exceed $100, regardless of whether UES has been advised of the possibility of such damages.   

8. SUBMISSIONS

All ideas, concepts, data, techniques, know-how, and other information or materials submitted by you or others to this Site shall be deemed and remain the exclusive property of UES, and UES shall be free to use, for any purpose, any such ideas, concepts, data, techniques, know-how, and other information or materials submitted by you or others to this Site. UES shall not be subject to any obligations of confidentiality regarding any such submissions except as otherwise expressly provided in the UES Internet Privacy Policy or in a prior written agreement between UES and the submitting party.

9. PRIVACY

By use of this Site, you acknowledge that you have read and agree to the UES Internet Privacy Policy, and that you do not have any expectation of privacy with respect to the use of the Site except as expressly provided in the UES Internet Privacy Policy.

10. OTHER TERMS AND CONDITIONS

This Agreement represents the full agreement between UES and you regarding your access and use of this Site and the Content. No failure by UES to enforce any of its rights under this Agreement shall be deemed a waiver of those rights. You agree that all of the terms and conditions of this Agreement are fair and reasonable, and that you agree to be bound to same as a matter of your own free will. Use of the Site shall be deemed to take place solely in Arizona and the construction, interpretation and validity of this Agreement shall be subject to the laws of the State of Arizona. Any cause of action you may have with respect to the Site or the Content must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.