Smart Neighbor General Terms & Conditions of Use
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 the Smart Neighbor web site (the "Web Site"). By accessing and using the Web Site, 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 Site.
Throughout these Terms, the words "you," "your," and "yours" refer to any person or entity using the Web Site, and the words, "Smart Neighbor, " "we," "us," and "ours" refer to Smart Neighbor by Alabama Power Company.
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 Site following posting of changes to these Terms signifies that you accept such changes.
INTELLECTUAL PROPERTY RIGHTS
Unless noted with an asterisk (*) below, the Web Site and its entire content, 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 "Content") are owned by us, our 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 Site without our prior written consent, or as authorized under these Terms. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from the Web Site.
All graphics and logos displayed on the Web Site 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.
While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Web Site. We reserve the right to discontinue the sale of any product listed on the Web Site at any time without notice.
We reserve the right to limit quantities to the amount reasonable for our regular customers.
Product prices offered on the Web Site may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on the Web Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Web Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted). We reserve the right to modify the contents of this Web Site at any time, but we have no obligation to update any information on the Web Site. You agree that it is your responsibility to monitor changes to the Web Site. Certain products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made from the Web Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Web Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the site for violating any of the prohibited uses.
Any comments or materials sent to us regarding any Content found on the Web Site, 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 Site only for lawful purposes and in accordance with these Terms. Any use of the Web Site for any purpose contrary to applicable law is strictly prohibited.
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 SITE'S 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 Site in accordance with the Smart Neighbor Privacy Statement. In an effort to protect the security of our critical infrastructure, any use or information with respect to the Web Site may be monitored and disclosed to federal authorities or agencies.
DISCLAIMER AND EXCLUSION OF WARRANTIES
THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT MADE AVAILABLE ON THE WEB SITE IS PROVIDED "AS IS." NEITHER WE NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR HYPERTEXT LINKS TO LINKED WEB SITES. WE 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 SITE AND MATERIAL ACCESSIBLE FROM THE WEB SITE ARE FREE OF DESTRUCTIVE COMPUTER CODE, VIRUSES OR OTHER HARMFUL COMPONENTS.
THE WEB SITE INCLUDES CONTENT THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE WE DESIRE THAT THE CONTENT ON THE WEB SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS AND RELIABILITY OF SUCH CONTENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT ON THE WEB SITES OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT.
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 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 SITE, OR ANY LINKED WEB SITE, 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 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.
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 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 Site or violation of these Terms.
These Terms and all Content on the Web Site are governed by and will be construed in accordance with the laws of the State of Alabama and of the United States of America. The venue for any matter relating to or arising from the Web Site will be in the state or federal court of competent jurisdiction in the State of Alabama. We do not represent that the materials on our Web Site 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 Site 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.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or via phone at 1-888-44-SMART