APPLICABILITY AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF USE
Except as otherwise set forth herein, these General Terms and Conditions of Use, together with any documents they expressly incorporate by reference (collectively, “Terms”) govern your use of any Southern Company or subsidiary web sites which provide a link to these Terms (collectively, the “Web Sites”). By accessing and using the Web Sites, you acknowledge that you have read and agree to these Terms. If you do not agree to be bound by these Terms, please immediately exit and cease accessing and using the Web Sites.
Throughout these Terms, the words “you,” “your,” and “yours” refer to any person or entity using the Web Sites, and the words, “Southern Company,” “we,” “us,” and “ours” refer to Southern Company and one or more of its subsidiary companies.
OTHER TERMS AND CONDITIONS
In addition to these Terms, there are other terms, conditions and policies applicable to the utilization of certain services (the “Services Terms”) that are now provided or will in the future be provided, such as paper-free billing, online account access, online bill payment, establishment, modification to or termination of utility services, and general account profile setup and changes. These Terms do not govern services available from Southern Company subsidiaries (even those services that may be ordered or provided by Southern Company subsidiaries through the Web Sites) to the extent that any specific Services Terms apply to such services. Any such Services Terms will control in the event of a conflict with these Terms or any material contained on the Web Sites.
REVISIONS TO TERMS
Please refer to these Terms regularly. We may at any time and without prior notice revise these Terms by updating this posting. All changes to the Terms are effective immediately when we post them. Your continued use of the Web Sites following posting of changes to these Terms signifies that you accept such changes.
INTELLECTUAL PROPERTY RIGHTS
Unless noted with an asterisk (*) below, the Web Sites and their entire contents, features and functionality (included, but not limited to all information, software, text, displays, images, video and audio and the design, selection and arrangement thereof) (collectively, the “Contents”) are owned by Southern Company subsidiaries, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reproduce, republish, transmit, distribute, publicly display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the Contents of the Web Sites without the prior written consent of Southern Company subsidiaries, or as authorized under these Terms. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of Contents from the Web Sites.
*Learning Power site:
We encourage children, students, schools, churches, scouting troops and other educationally oriented groups to copy these pages as teaching aids or activities. If you are a teacher or leader of such a group, or a parent/guardian, and wish to request copies of or obtain permission to use other materials or media (such as videos), please send us an e-mail for permission, first. IF YOU ARE UNDER THE AGE OF THIRTEEN, PLEASE DO NOT SUBMIT SUCH A REQUEST TO US.
All graphics and logos displayed on the Web Sites are our property or have been licensed by us, and may not be used without our prior written permission. We do not permit the use of our name, graphics or logos in advertising, as an endorsement for any product or service, or for any other commercial purpose without our prior written approval.
Any comments or materials sent to us regarding any Contents found on the Web Sites, including, without limitation, feedback data, ideas, graphics, questions, comments or suggestions (collectively “Feedback”), will not be treated as confidential (unless otherwise specified by our Privacy Statement) and will become our exclusive property. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback.
USE OF THE WEB SITES
You may use the Web Sites only for lawful purposes and in accordance with these Terms. Any use of the Web Sites for any purpose contrary to applicable law is strictly prohibited.
FORWARD-LOOKING STATEMENTS – SouthernCompany.com
Note: Certain information contained on SouthernCompany.com is forward-looking information based on current expectations and plans that involve risks and uncertainties. Forward-looking information includes, among other things, statements concerning Southern Company’s financial and operating performance, business plans and goals, estimates, projections, forecasts, assumptions, risks and uncertainties. Southern Company cautions that there are certain factors that could cause actual results to differ materially from the forward-looking information that has been provided. The reader is cautioned not to put undue reliance on this forward-looking information, which is not a guarantee of future performance and is subject to a number of uncertainties and other factors, many of which are outside the control of Southern Company; accordingly, there can be no assurance that such suggested results will be realized. The following factors, in addition to those discussed in Southern Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2015, and subsequent securities filings, could cause actual results to differ materially from management expectations as suggested by such forward-looking information: the impact of recent and future federal and state regulatory changes, including legislative and regulatory initiatives regarding deregulation and restructuring of the utility industry, environmental laws regulating emissions, discharges, and disposal to air, water, and land, and also changes in tax and other laws and regulations to which Southern Company and its subsidiaries are subject, as well as changes in application of existing laws and regulations; current and future litigation, regulatory investigations, proceedings, or inquiries, including, without limitation, Internal Revenue Service and state tax audits; the effects, extent, and timing of the entry of additional competition in the markets in which Southern Company’s subsidiaries operate; variations in demand for electricity and natural gas, including those relating to weather, the general economy and recovery from the last recession, population and business growth (and declines), the effects of energy conservation and efficiency measures, including from the development and deployment of alternative energy sources such as self-generation and distributed generation technologies, and any potential economic impacts resulting from federal fiscal decisions; available sources and costs of natural gas and other fuels; limits on pipeline capacity; effects of inflation; the ability to control costs and avoid cost overruns during the development and construction of facilities, which include the development and construction of generating facilities with designs that have not been finalized or previously constructed, including changes in labor costs and productivity, adverse weather conditions, shortages and inconsistent quality of equipment, materials, and labor, contractor or supplier delay, non-performance under construction, operating, or other agreements, operational readiness, including specialized operator training and required site safety programs, unforeseen engineering or design problems, start-up activities (including major equipment failure and system integration), and/or operational performance (including additional costs to satisfy any operational parameters ultimately adopted by any Public Service Commission (“PSC”)); the ability to construct facilities in accordance with the requirements of permits and licenses, to satisfy any environmental performance standards and the requirements of tax credits and other incentives, and to integrate facilities into the Southern Company system upon completion of construction; investment performance of Southern Company’s employee and retiree benefit plans and the Southern Company system’s nuclear decommissioning trust funds; advances in technology; state and federal rate regulations and the impact of pending and future rate cases and negotiations, including rate actions relating to fuel and other cost recovery mechanisms; legal proceedings and regulatory approvals and actions related to Plant Vogtle Units 3 and 4, including Georgia PSC approvals and Nuclear Regulatory Commission actions; actions related to cost recovery for the integrated coal gasification combined cycle facility under construction in Kemper County, Mississippi (“Kemper IGCC”), including the ultimate impact of the 2015 decision of the Mississippi Supreme Court, the Mississippi PSC’s December 2015 rate order, and related legal or regulatory proceedings, Mississippi PSC review of the prudence of Kemper IGCC costs and approval of further permanent rate recovery plans, actions relating to proposed securitization, satisfaction of requirements to utilize grants, and the ultimate impact of the termination of the proposed sale of an interest in the Kemper IGCC to South Mississippi Electric Power Association; the ability to successfully operate the electric utilities’ generating, transmission, and distribution facilities and Southern Company Gas’ natural gas distribution and storage facilities and the successful performance of necessary corporate functions; the inherent risks involved in operating and constructing nuclear generating facilities, including environmental, health, regulatory, natural disaster, terrorism, and financial risks; the inherent risks involved in transporting and storing natural gas; the performance of projects undertaken by the non-utility businesses and the success of efforts to invest in and develop new opportunities; internal restructuring or other restructuring options that may be pursued; potential business strategies, including acquisitions or dispositions of assets or businesses, which cannot be assured to be completed or beneficial to Southern Company or its subsidiaries; the possibility that the anticipated benefits from the acquisition of Southern Company Gas cannot be fully realized or may take longer to realize than expected, the possibility that costs related to the integration of Southern Company and Southern Company Gas will be greater than expected, the ability to retain and hire key personnel and maintain relationships with customers, suppliers, or other business partners, and the diversion of management time on integration-related issues; the ability of counterparties of Southern Company and its subsidiaries to make payments as and when due and to perform as required; the ability to obtain new short- and long-term contracts with wholesale customers; the direct or indirect effect on the Southern Company system’s business or Southern Company Gas’ business resulting from cyber intrusion or terrorist incidents and the threat of terrorist incidents; interest rate fluctuations and financial market conditions and the results of financing efforts; changes in Southern Company’s and any of its subsidiaries’ credit ratings, including impacts on interest rates, access to capital markets, and collateral requirements; the impacts of any sovereign financial issues, including impacts on interest rates, access to capital markets, impacts on currency exchange rates, counterparty performance, and the economy in general, as well as potential impacts on the benefits of the U.S. Department of Energy loan guarantees; the ability of Southern Company’s subsidiaries to obtain additional generating capacity (or sell excess generating capacity) at competitive prices; catastrophic events such as fires, earthquakes, explosions, floods, hurricanes and other storms, droughts, pandemic health events such as influenzas, or other similar occurrences; the direct or indirect effects on the Southern Company system’s business or Southern Company Gas’ business resulting from incidents affecting the U.S. electric grid, natural gas pipeline infrastructure, or operation of generating or storage resources; and the effect of accounting pronouncements issued periodically by standard-setting bodies. Southern Company and its subsidiaries expressly disclaim any obligation to update any forward-looking information.
We may, from time to time, provide links to other outside web sites (the “Linked Web Sites”). WE ARE NOT RESPONSIBLE FOR SUCH LINKED WEB SITES OR THE CONTENTS OF ANY OF THE LINKED WEB SITES. WE PROVIDE LINKS TO THE LINKED WEB SITES AS AN ADDITIONAL RESOURCE FOR OUR WEB SITES’ USERS AND MAKE NO REPRESENTATIONS REGARDING THE CONTENTS OF ANY LINKED WEB SITES OR ANY PERSONS OR COMPANIES THAT OWN, CONTROL OR MANAGE THE LINKED WEB SITES. CONSEQUENTLY, WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELEVANCY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN, PROGRAMS USED BY, OR SERVICES OR PRODUCTS OFFERED BY THE LINKED WEB SITES. IF YOU ACCESS ANY OF THE LINKED WEB SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH LINKED WEB SITES.
PRIVACY AND SECURITY
We take steps to and seek to preserve the privacy and security of personal information you submit over the Web Sites in accordance with the Southern Company Privacy Statement. In an effort to protect the security of our critical infrastructure, any use of or information with respect to the Web Sites may be monitored and disclosed to federal authorities or agencies.
DISCLAIMER AND EXCLUSION OF WARRANTIES
THE WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENTS AND SERVICES MADE AVAILABLE ON THE WEB SITES ARE PROVIDED “AS IS.” NEITHER WE, NOR OUR SUBSIDIARIES (NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OR SERVICES OF THE WEB SITES, OR HYPERTEXT LINKS TO LINKED WEB SITES. WE AND OUR SUBSIDIARIES, AND OUR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, WE DO NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITES AND MATERIAL ACCESSIBLE FROM THE WEB SITES ARE FREE OF DESTRUCTIVE COMPUTER CODE, VIRUSES OR OTHER HARMFUL COMPONENTS.
THE WEB SITES INCLUDE CONTENTS THAT ARE SUBJECT TO CHANGE WITHOUT NOTICE. WHILE WE DESIRE THAT THE CONTENTS ON THESE WEB SITES BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS AND RELIABILITY OF SUCH CONTENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENTS ON THE WEB SITES OR THE ACCURACY OR RELIABILITY OF SUCH CONTENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR SUBSIDIARIES, OR ANY OF OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE WEB SITES, OR ANY LINKED WEB SITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE SAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OR LOSSES OF ANY KIND. IN NO EVENT WILL WE OR OUR SUBSIDIARIES, OR ANY OF OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless us and our subsidiaries, and any of our respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of your use of the Web Sites or violation of these Terms.
These Terms and all Contents on the Web Sites are governed by and will be construed in accordance with the laws of the State of Georgia and of the United States of America. The venue for any matter relating to or arising from the Web Sites will be in the state or federal court of competent jurisdiction in the State of Georgia. We do not represent that the materials on our Web Sites may be used outside of the United States. Captions and titles in these Terms or in any other terms, conditions or policies with respect to the Web Sites are for convenience only and are not to be construed to affect the meaning of or affect these Terms or any other terms, conditions or policies. To the extent any portion of these Terms is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms, as modified, will remain in full force and effect. No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. This is the entire agreement between you and us relating to the subject matter herein and will not be modified except in writing signed by both parties.