Terms of Use

Agreement by user of APS Solutions for Business Online Application

DNV Energy Services USA Inc. (“DNV”) on behalf of Arizona Public Service Company (“APS”) provides the APS Solutions for Business Online Application Website (“Online Application”) for use by participating APS trade allies and customers in order to administer the APS Solutions for Business Program (“Program”). The Online Application is comprised of various Web pages operated by DNV on behalf of APS.

The Online Application is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Online Application constitutes your agreement to all such terms, conditions, and notices.

Modification of these Terms of Use

DNV reserves the right to change the terms, conditions, and notices under which the Online Application is offered, including but not limited to charges (if any) associated with the use of the Online Application.

Links to Third Party Sites

The Online Application may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of DNV and DNV is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DNV is not responsible for webcasting or any other form of transmission received from any Linked Site. DNV is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DNV of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Online Application and your participation in the Program, you represent that you will not use the Online Application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Online Application in any manner which could damage, disable, overburden, or impair the Online Application or interfere with any other party's use and enjoyment of the Online Application. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Online Application or any other website operated by DNV on behalf of APS.

Use of Communication Services

The Online Application may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
DNV has no obligation to monitor the Communication Services for any restricted or illegal use. However, DNV reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DNV reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

DNV reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DNV's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DNV and APS do not control or endorse the content, messages or information found in any Communication Service and, therefore, DNV and APS specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. You expressly waive right of action you may have against DNV, APS or the Program as a result of the Communication Services. Managers and hosts are not authorized DNV, APS or Program spokespersons, and their views do not necessarily reflect those of DNV, APS or the Program.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided to or posted at any Online Application

DNV does not claim ownership of the materials you provide to the Program via the Online Application (including feedback and suggestions) or post, upload, input or submit to any Online Application or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DNV, APS and any affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses and/or administer the Program including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Neither DNV nor APS are under any obligation to post or use any Submission you may provide and may remove any Submission at any time in DNV's or APS' sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DNV MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ONLINE APPLICATION AT ANY TIME. ADVICE RECEIVED VIA THE ONLINE APPLICATION SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

DNV AND APS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ONLINE APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DNV AND APS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DNV OR APS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ONLINE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE ONLINE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ONLINE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE ONLINE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DNV OR APS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE APPLICATION. SERVICE CONTACT: aps.solutionsforbusiness@dnv.com

Termination / Access Restriction

DNV and APS reserve the right, in their sole discretion, to terminate your access to the Online Application and the related services or any portion thereof at any time, without notice.

Copyright and Trademark Notices

Any rights not expressly granted herein are reserved.