Terms and Conditions
Copyright © 1997-2013 Madison Gas and Electric Co.
All rights reserved.
The information and design of this site are owned by Madison Gas and Electric Company (MGE) or the "Company." Except for a single temporary copy in a single computer's memory and a single permanent copy to be used by user, the information contained herein may not be used, copied, performed, distributed, rented, sublicensed, altered or stored for subsequent use, in whole or in part, in any manner, without the express prior written consent of MGE (unless such use constitutes fair use under the Copyright Act).
All information contained herein is believed by MGE to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, MGE is not responsible for any errors or omissions, either its own or its information providers. All information is provided "as is" without warranty of any kind. MGE makes no warranties or representations and disclaims all express, implied and statutory warranties of any kind to user and/or any third party, including as to accuracy, timeliness, completeness, merchantability or fitness for any particular purpose.
Users of the Web site agree that MGE (and affiliates) has no liability in tort, contract or otherwise (and, as permitted by law, product liability) to user or any third party.
Users of the Web site agree that MGE (and affiliates) shall under no circumstance be liable to user or any third party for any lost profits or lost opportunity, or any indirect, special, consequential, incidental or punitive damages whatsoever, from any application of the information provided within this site even if MGE has been advised of the possibility of such damages.
Some U.S. states and foreign countries provide rights in addition to those above or do not allow excluding or limiting implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions which supersede the above. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder. These terms may only be amended in a writing signed by an authorized officer of MGE and are governed by the laws of the United States and the State of Wisconsin.
Web site terms and conditions of use
The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. If you do not accept the Terms and Conditions stated here, do not use the Web site. By using this site, you are accepting the Terms and Conditions.
Section 1. Use of Material
The Company authorizes you to view and download a single copy of the material on this Web site solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web site. Any such special rules are listed as "Legal Notices" on this Web site and are incorporated into these Terms and Conditions by reference.
The contents of this Web site, such as text, graphics, images and other material ("Material") are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
Section 2. Company's Liability
The Material may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using the Web site and the Material. The use of the Web site and the Material is at your own risk. Changes are periodically made to the Web site and may be made at any time. All Terms and Conditions apply to users and subusers.
COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS AND LINKS.
Section 3. Disclaimer of Damages
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES, SPECIAL DAMAGES, PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions
Generally, any communication, which you post to the Web site, is considered to be nonconfidential.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Use the system in an illegal way which includes but is not limited to: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
The Company does not represent, makes no warranty and assumes no obligation, legal or otherwise, or guarantees the truthfulness, accuracy, or reliability of any of the communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to these Terms and Conditions, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to Users for performance or nonperformance of such activities. Company reserves the right to expel Users and prevent their further access to the Web site for violating these Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites
The Web site contains links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement by Company of the contents on such third-party Web sites. Company is not responsible, makes no warranty and assumes no obligation, legal or otherwise, for the content of linked third-party sites and does not make any warranties or representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 6. Software Licenses
All software (generally Portable Document Format files and graphic-image files) that is made available for downloading from the Web site ("Software") is protected by copyright and may be protected by other rights. The use of such software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such software ("License Agreement"). The downloading and use of such software is conditioned on your agreement to be bound by the terms of the License Agreement.
Section 7. Limitation of Liability
Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to $100.
Section 8. Indemnity
By using this Web site, you agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents from and against any claims, actions or demands, including without limitation, actual legal and accounting fees and expert fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you of any such claim, suit or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding. Such claim, suite, or proceeding shall be defended by legal counsel chosen by the Company.
Section 9. Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Materials.
Section 10. User Information
The Company may use the information it obtains relating to you, including your IP address, name, mailing address, e-mail address and use of the Web site, for its (and its subsidiaries) internal business and marketing purposes. MGE will not sell, rent, or otherwise distribute User information to outside sources. (For more on user-supplied information, see "Privacy.")
Section 11. General
This Web site is based in Madison, Wisconsin, USA. The Company makes no claims or warranties or representations that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Wisconsin, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" or Software License or material on particular Web pages, these Terms and Conditions constitutes the entire agreement between you and the Company with respect to the use of Web site. The captions in this contract are for convenience only and do not in any way limit or amplify the provisions of this contract. Any changes to these Terms and Conditions must be made in writing, signed by an authorized representative of the Company.
The following are service marks of Madison Gas and Electric Company or MGE Energy, Inc.