Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR FURTHER ACCESSING THE WEBSITE.

These Terms of Use and our Privacy Policy contain all of the terms and conditions for accessing and using our Website, including through the UES Mobile App. By accessing the Website 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 these Terms of Use and our Privacy Policy as of the date and time of your use, whether as a guest or registered user. If you do not agree with the Terms of Use, do not access the Website or any of its pages.

Changes to the Terms of Use and Website Content

UES reserves the right, in its sole discretion, to unilaterally modify the Terms of Use at any time without notice to you. Any such change will be effective upon the posting of the revised Terms of Use at the Website. If such changes are made, UES will notify you by revising the "Last Updated" date at the top of these Terms of Use. Please check these Terms of Use periodically for any changes; they are binding on you.
UES may also make improvements or changes to the Website, including any services or Content available of the Website, at any time without notice.

Definitiions

"UES" shall mean UniSource Energy Services. "Content" shall mean all materials, information, data, images, tools and applications contained on the Website, including but not limited to, trademarks, service marks, names, logos, copyrightable materials, text, graphics, files, photographs, audio, video and software. "Website" shall mean www.UES.com and any of its pages. "Third Party Websites" shall mean websites owned and operated by parties other than UES.

1. GENERAL

You agree to use the Website 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 Website is subject to any additional disclaimers and notices you may access during your use of the Website. You are permitted to access and use the Website, 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 these Terms of Use, you may not reproduce, distribute, frame or mirror any of the Content and incorporate it into another website or publication without UES' prior written consent.

You may be asked to provide certain registration details or other information to access certain features on our Website. It is a condition of your use of the Website that all the information you provide to us is correct, current and complete. You agree that all information you provide to register with and use the Website is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

2. USE OF INFORMATION AND MATERIALS

The Content which appears in the Website is subject to change without notice and may not be current or accurate. sda is not responsible for any inaccuracies in the Content, is under no obligation to update it 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 the Website within its service territory in the State of Arizona. Not all of the products and services described in the Website 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 that may be described or offered in the Website are not obligations of or guaranteed by UES. All investment services, if any, are subject to risk for which UES shall not be responsible.

4. INTELLECTUAL PROPERTY INFORMATION

Unless otherwise indicated in the Website, 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 the Website, 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 the Website or under separate written agreement with UES. No right, title or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved to UES. The name UNISOURCE ENERGY SERVICES, the UES Logo and many of 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 Website without the express prior written permission of UES or the owner of such marks, names or logos.

5. UNAUTHORIZED ACCESS AND USE OF THE WEBSITE

Any unauthorized access and use of the Website and Content is prohibited, including any activity that alters, interferes with or disrupts the Content or the functioning of the Website or uses the Website 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 the Website or Content is prohibited and will be prosecuted to the full extent of the law.

6. THIRD PARTY WEBSITES

Our Website contains links to Third Party Websites and these links are provided for your convenience only. We have no control over the contents of Third Party Websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third Party Websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Websites.

7. NO WARRANTY

USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE CONTENT AND WEBSITE OPERATION ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. UES DOES NOT WARRANT THE ACCURACY, ADEQUACY, RELIABILITY, QUALITY, AVAILABILITY, OR SECURITY OF THE WEBSITE OR COMPLETENESS OF THE CONTENT AND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. UES DOES NOT WARRANT OR REPRESENT THAT THE WEBSITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS OR THAT DEFECTS WILL BE CORRECTED. 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. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UES BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THE WEBSITE, INCLUDING THE DOWNLOADING OF CONTENT FROM THE WEBSITE, 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 WEBSITES, 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 WEBSITE, YOU ARE SUBJECT TO THE TERMS OF USE AND PRIVACY POLICY APPLICABLE TO SUCH THIRD PARTY WEBSITE. YOU BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THIRD PARTY WEBSITES, 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 THE WEBSITE IN ANY FORUM OR OTHER AREAS OF THE WEBSITE WHICH PERMIT COMMUNICATION BY USERS.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL UES' TOTAL LIABILITY FOR ALL CAUSES OF ACTION, LOSSES AND DAMAGES ARISING OUT OF THE USE OF THE WEBSITE AND UNDER ANY THEORY OF LIABILITY (WHETHER IN TORT, INCLUDING NEGLIGENCE, CONTRACT OR OTHERWISE) EXCEED $50, REGARDLESS OF WHETHER UES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. INDEMNIFICATION

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.

10. SUBMISSIONS

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

11. PRIVACY

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

12. OTHER TERMS AND CONDITIONS

These Terms of Use and the Privacy Policy represent the full agreement between UES and you regarding your access and use of the Website and the Content. No failure by UES to enforce any of its rights under these Terms of Use shall be deemed a waiver of those rights. You agree that all of the terms and conditions of the Terms of Use are fair and reasonable, and that you agree to be bound to same as a matter of your own free will. Use of the Website shall be deemed to take place solely in Arizona and the construction, interpretation and validity of these Terms of Use shall be subject to the laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule. ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE WEBSITE 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.

Contact Us

If you have questions or comments regarding these Terms of Use, please contact us by sending an email to corpcomm@tep.com.

You can also call us at 520-884-3630.

Thank you for visiting our Website.