Revision February 2015
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ENTER THIS SITE. By using this Site, you agree to be legally bound by the terms and conditions of this Agreement current at the time of your use. Therefore, you should periodically review this Agreement. If you do not wish to be bound by this Agreement, you may not use this Site.
The word "Content" as used in this Agreement means any and all information, data, software, content, materials, documents, text, photographs, audio, video, sounds, music, illustrations, graphics, logos, functions, processes and the like that are available on, in or through this Site.
Disclaimers and Limitation of Damages
Rights in Content
Framing, Copying, Distributing and Linking Restrictions
Personal Information and Security
Password Restricted Areas
Notice to Parents
Links to Other Sites (Third Party Sites)
e-Mail and Other Information Submissions
Policy on Infringement Claims
This Site is owned and operated by PWCC. Please direct any questions or comments you have concerning the Site or this Agreement through the Contact Us form; or call 602-250-1000 (Phoenix area) or 800-457-2983; PWCC's Customer Service Mailing Address is P.O. Box 53999, Mail Sta. 8602, Phoenix, AZ 85072-3999.
ALL CONTENT ON THIS SITE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER.
AS TO THE CONTENT AND OPERATION OF THIS SITE, AND ANY GOODS AND SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE, PWCC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, COMPLETENESS, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND TITLE.
PWCC DOES NOT WARRANT THAT THE CONTENT AND OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, ITS CONTENT OR ANY SERVER USED TO OPERATE THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PWCC, ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT, OR ANY GOODS OR SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE, EVEN IF PWCC IS ADVISED OF THE POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THIS SITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Notwithstanding the foregoing, in no event shall the total liability of PWCC, its parent, subsidiaries, affiliates, employees, agents, insurers, licensors, or third party providers of Content, goods or services, for all damages, losses and causes of action arising out of use of this Site, whether in contract, tort, including negligence, or otherwise, either jointly or severally, exceed the dollar amount of One Hundred Dollars ($100). The foregoing provisions of this section are for the benefit of PWCC, its parent, subsidiaries, affiliates, employees, agents, insurers, licensors, and third party providers of content, goods or services, and each shall have the right to assert and enforce the provisions directly on their own behalf.
Unless otherwise indicated in the Site, all Content is the property of, or licensed to, PWCC and is protected under U.S. and foreign copyright, trademark and other intellectual property laws. Other than as stated in this Agreement, use of the Site is not a grant, nor shall it be construed as a grant by implication or estoppel, of a license or any other right to the Content.
Unless otherwise indicated in this Site, PWCC grants you the limited right to display the visual Content only on your computer screen, play the audio Content through your computer’s audio components, copy the Content to the limited extent necessary for such display or play, and, on an occasional basis, to print and store the visual Content for your personal, noncommercial use, provided that all copyright notices located on the visual Content appear on the printed and stored versions. This limited right automatically terminates without notice to you if you breach this Agreement. PWCC reserves all rights and title to all Content, including that which is copied, printed, played or displayed.
The following trademarks and service marks used in this Site are the trademarks and service marks of PWCC and/or its subsidiaries. To the extent a name or logo does not appear on this list does not constitute a waiver of any and all intellectual property rights PWCC has established in any of its product or service names, slogans or logos.
Pinnacle West Capital Corporation SM
Pinnacle West Capital Corporation and Design SM
APS and Design®
APS Community Power Project SM
APS Community Power Project Flagstaff SM
APS Peak Solutions®
APS Qualified Contractor SM
APS Solutions for Business SM
Benjamin Franklown and Design ®
Community Power Project SM
Green Choice SM
Palo Verde ® *
Palo Verde and Design ® *
Palo Verde Nuclear Generating Station ® *
Redhawk and Design®
El Dorado Investment Company
El Dorado Investment Company and Design
* Jointly owned with Arizona Public Service Company and other participant owners of Palo Verde Nuclear Generating Station
Other trademarks and service marks used in this Site are the trademarks and service marks of their respective owners.
Other than as stated in this Agreement, you may not copy, modify, frame, mirror, or distribute the Content in any form (including by e-mail or by incorporating it in another web site) without written permission from PWCC. PWCC encourages you instead to tell others about the Site and direct them to the Site.
Commercial use, broadcasting or otherwise disseminating any Content in any media, without the prior written consent of PWCC, is strictly prohibited. For example, you may not post any Content from the Site to news groups, list serves or electronic bulletin boards, or copy, transcribe, redistribute, retransmit or rebroadcast any webcasts or other audio Content, in all or in part. PWCC reserves the right to restrict access to this Site and add, discontinue or modify any authorizations to use the Site.
You may create a hypertext link to the home page of this Site provided you do not use our trademarked logo for the link, and you do not state or imply that PWCC sponsors or endorses your site. Please send PWCC prior written notification of your intention to link to our Site. Links to pages in this Site other than to the home page (otherwise known as deep-linking) require PWCC's written permission.
PWCC takes reasonable steps to protect your personal information from unauthorized parties by using a variety of protective measures, including secure servers when dealing with such information. However, technology is not fail proof. It may be possible for an unauthorized person to gain access to your information notwithstanding the use of a secure server. Therefore, please note that you enter information in this Site at your own risk.
Certain areas of our site, such as those regarding your account information, are restricted to authorized users through the use of passwords. If we grant you authorization by way of a password to use a restricted area, you agree that you are responsible for maintaining the confidentiality of your password and account information. You agree to notify PWCC if your password is stolen, lost or disclosed to an unauthorized third party, or if the password otherwise may have been compromised. You also agree to immediately notify PWCC of your knowledge of any unauthorized use of your account or any other breach of security in relation to the Site. Unauthorized users who access, or attempt to access, the restricted areas may be subject to prosecution. PWCC reserves the right, in its sole discretion, to terminate your access to this Site and the restricted areas of the Site at any time without notice.
The areas of this Site, if any, that are aimed at children do not ask for any personally identifying information. All on-line forms and transactions made available on the Site are intended only for, and may only be accessed by, persons 18 years of age and older.
Many links on our Site will take you to web sites that are not owned and operated by PWCC, but are owned and operated by third parties (Third Party Sites). PWCC is not an agent, partner, sales representative or distributor for the owners or operators of these Third Party Sites.
Although these Third Party Sites offer content, goods or services (Third Party Goods and Services) that we believe may be of value to PWCC customers, PWCC provides these links only as a convenience and PWCC's inclusion of a link to a Third Party Site does not imply PWCC's endorsement of that Third Party Site, or the Third Party Goods and Services. PWCC reserves the right to change or discontinue, without prior notice, any link or program it has with such Third Party Sites.
The purchase of any Third Party Goods and Services arising from or related to your visit to any Third Party Site is solely between you and the third party owning or operating the Third Party Site, and PWCC shall have no obligation regarding any such transaction. PWCC does not represent or warrant the correctness, validity, accuracy, or reliability of any Third Party Sites or Third Party Goods and Services. You bear all risks and responsibilities associated with your use of Third Party Sites and Third Party Goods and Services, and you agree that PWCC shall not be directly or indirectly liable for any damages that arise from your use of Third Party Sites or Third Party Goods and Services.
While we appreciate receiving e-mail from our Site visitors, please note that information transmitted via e-mail is not secure and will not be treated as confidential. Although PWCC takes reasonable precautions to ensure no viruses are present in e-mails it sends and receives, we advise you to use up-to-date virus scanning software on your computer to further reduce the risk of encountering a virus. Please note that PWCC accepts no responsibility or liability for any loss or damage arising from the use of e-mail or their attachments, or for any viruses or errors or delays in the contents that result from e-mail transmissions.
You agree to use this Site only for lawful purposes. As such, you are prohibited from posting on or transmitting through this Site any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable or illegal material of any kind. If PWCC is notified of any allegedly infringing, defamatory, damaging, illegal, or offensive material provided by you, PWCC may investigate and in its sole discretion remove or request the removal of such material. PWCC may disclose any material or electronic communication of any kind and the sender of such material or communication (a) to satisfy any law, regulation, or government request; (b) if PWCC deems such disclosure necessary or appropriate to operate this Site or PWCC; or (c) to protect the rights or property of PWCC, its parent, subsidiaries, affiliates, suppliers, other Site users or third parties.
PWCC reserves the right to prohibit your conduct, communication, and material on this Site that it deems in its sole discretion to be harmful or that violates any applicable law. Notwithstanding the foregoing, PWCC cannot ensure prompt removal of questionable material after online posting. Accordingly, neither PWCC, nor its parent, subsidiaries, affiliates, officers, directors, employees, suppliers or agents shall assume liability for any action or inaction with respect to conduct, communication, or user material on this Site.
PWCC will process and investigate proper notices of alleged copyright or other intellectual property infringement related to the Content on this Site and will respond in accordance with the applicable laws, regulations and PWCC policies regarding such notices. If you believe that any Content accessible through this Site infringes your copyright, you should send written notice of alleged copyright infringement to PWCC's designated agent for such notices:
Pinnacle West Capital Corporation
400 North Fifth Street
Phoenix, Arizona 85004
Any notice of claimed copyright infringement must satisfy all of the requirements set forth in 17 U.S.C. Section 512(c)(3), including, but not limited to, identifying with detail reasonably sufficient to permit PWCC to locate the Content claimed to be infringing. Upon sufficient notice of a claimed infringement, PWCC will act expeditiously to remove, or disable access to, the Content claimed to be infringing. Also, PWCC will take reasonable steps to promptly notify the person responsible for the Content that we have removed or have disabled access.
If PWCC receives a sufficient counter notification from the person responsible for the Content you claim is infringing, PWCC will provide you a copy of the counter notification. Also, PWCC will inform you that, in ten (10) business days, PWCC will replace, or cease disabling access to, the material or activity claimed to be infringing unless you first provide PWCC' Designated Agent written notice sufficient to show that you are seeking a court order to restrain the responsible party from engaging in the copyright infringement you believe has occurred on this Site.
PWCC operates this Site from its offices in the state of Arizona, USA. PWCC makes no representation that the information, goods and services on or available through this Site are appropriate or available for use in other locations.
This Agreement is entered into in the State of Arizona and it shall be interpreted, construed and governed by the laws of the State of Arizona, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this Agreement or resulting from a Site visitor's access or use of the Site shall lie exclusively in the State and Federal Courts located in Maricopa County, Arizona, and you hereby consent to the personal jurisdiction of such courts. Any cause of action you may have with respect to this Site, its Content, or any Third Party Goods and Services must be commenced within one (1) year after the claim or cause of action arises.
PWCC's failure to require or enforce strict performance of any term or condition of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of PWCC's right to assert or rely upon any such provision or right in that or any other instance.
In the event any portion of this Agreement (including any portion of any agreement that is referenced by, in or to this Agreement) is found to be illegal or unenforceable, that portion shall be severed from the Agreement, and the remaining terms shall be separately enforced to the maximum extent permissible so as to effect the intent of this Agreement.
Visitors to this Site shall at all times comply with all applicable laws, rules and regulations that may apply to visitor's use of this Site.
PWCC reserves the right to modify or, temporarily or permanently, discontinue this Site with or without notice to you. You agree that PWCC shall not be liable to you or any third-party for any damage or loss caused or alleged to be caused by or in connection with the modification or discontinuance of this Site.
Your use of this Site is subject to the additional disclaimers and notices that may appear throughout the Site. This Agreement, including all other documents, disclaimers and notices referenced herein and in the Site, represent the entire understanding between you and PWCC regarding your use of this Site, and supersedes any prior statements or representations. You agree to be bound to this Agreement by your use of the Site.
All rights reserved. © 2017 Pinnacle West Capital Corporation.