Terms of Use
AGREEMENT BETWEEN USER AND TENASKA POWER SERVICES CO.
Tenaska Power Services Co. and its affiliates (TPS) maintains the TPS Portal website, comprised of various web pages operated by TPS.
The TPS Portal website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TPS Portal website, also known as PT Portal (collectively, “TPS Portal website”), constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USETPS reserves the right to change the terms, conditions, and notices under which the TPS Portal website is offered. Such modifications will be effective immediately upon posting the modifications on the TPS Portal website. You agree to review the Terms of Use periodically to be aware of such modifications and your use of the TPS Portal website constitutes your acceptance of the Terms of Use Agreement as it appears at the time of your use.
SECURITYSecurity of any data you submit via this site is very important to us. This site uses encryption technology, and we periodically review our security practices to help ensure that your data is maintained securely. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. Moreover, when you transmit information via the Internet, your information will be transmitted over a medium that is beyond our control, and therefore the security of the transmission may be compromised before it reaches us. Accordingly, TPS makes no guarantee as to confidentiality or security. IN ADDITION, YOU HEREBY EXPRESSLY AND SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE TPS PORTAL WEBSITE. Your user name and password should be kept confidential. Failure to do so may also compromise the confidentiality of your information.
NO WARRANTIESYOU UNDERSTAND AND AGREE THAT THE TPS PORTAL WEBSITE AND ANY SERVICES, CONTENT OR INFORMATION CONTAINED ON OR PROVIDED BY THE TPS PORTAL WEBSITE IS PROVIDED ON AN “AS IS” BASIS. THE INFORMATION SOFTWARE PRODUCTS, AND SERVICES AVAILABLE THROUGH OR INCLUDED IN THE TPS PORTAL WEBSITE MAY INCLUDE INACCURACIES OR ERRORS. TPS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE WEBSITE. TPS MAKES NO WARRANTY OF ACCURACY, TIMELINESS, SUITABILITY, RELIABILITY, OR AVAILABILITY OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE TPS PORTAL WEBSITE. IN ADDITION, TPS DOES NOT GUARANTEE THAT USE OF THE TPS PORTAL WEBSITE WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROTECTIONS, PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS.
LIMITATION OF LIABILITYTHE USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL TPS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE TPS PORTAL WEBSITE, OR SITES ACCESSED THROUGH THIS WEBSITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE TPS PORTAL WEBSITE IS TO STOP USING THE SERVICE.
USER AGREEMENTSYou agree that you will not:- Upload or transmit any communications or content of any type that may infringe or violate any rights of any party.
- Use this website for any purpose in violation of local, state, national or international laws.
- Use this website as a means to distribute advertising or other unsolicited material to any third party.
- Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous or defamatory, hateful, or embarrassing to any other person or entity.
- Attempt to disable, hack into other accounts or databases, upload malware or viruses or corrupted files, or otherwise interfere with the proper functioning of this website, or damage other computers.
- Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download or view any data posted by, or intended for, another user of the TPS Portal 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 services on the TPS Portal.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from any portions of the TPS Portal website, or modify, translate, or create derivative works based on the TPS Portal website, or allow or direct a third party to engage in any of the foregoing.
- Violate FERC and ERCOT restrictions on access to, and use of, protected confidential grid security and system information known as Critical Electric Infrastructure Information (CEII and ECEII data).
LINKS TO THIRD PARTY SITESThe TPS Portal website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TPS and TPS 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. TPS is not responsible for webcasting or any other form of transmission received from any Linked Site. TPS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TPS of the site or any association with its operators.
Please read our
Privacy Statement to understand how your data submitted to or collected by the TPS Portal website will be treated.
As a condition of your use of the TPS Portal website, you warrant to TPS that you will not use the TPS Portal website for any purpose that is unlawful, or prohibited by these terms, conditions, and notices. You may not use the TPS Portal website in any manner which could damage, disable, overburden, or impair the TPS Portal website or interfere with any other party’s use and enjoyment of the TPS Portal website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for your use through the TPS Portal websites.
MATERIALS PROVIDED TO TPS OR POSTED AT ANY TPS Portal WEBSITETPS does not claim ownership of the materials you provide to TPS (including feedback and suggestions) or post, upload, input or submit to the TPS Portal website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting TPS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses.
No compensation will be paid with respect to the use of your Submission, as provided herein. TPS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time from the TPS Portal in TPS’s 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.
TPS uses session replay technology that records Customer activity on the Portal to improve TPS performance. If Customer continues with use of this Portal, Customer is consenting to such recording.
INTELLECTUAL PROPERTYExcept as expressly set forth herein, TPS (and its licensors, as applicable) retain all intellectual property rights relating to the TPS Portal website and all components thereof. You shall not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under this Agreement. This Agreement does not convey to you any rights of ownership in or related to the TPS Portal website or any intellectual property contained therein.
TERMINATION/ACCESS RESTRICTIONTPS reserves the right, in its sole discretion, to terminate your access to the TPS Portal website and the related services or any portion thereof at any time, without notice.
INDEMNIFICATIONTO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TPS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES AND FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) THAT SUCH PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM A VIOLATION OF THESE TERMS BY YOU OR ANY PERSON ACTING ON YOUR BEHALF OR AT YOUR DIRECTION. YOU AGREE NOT TO SETTLE ANY SUCH CLAIM WITHOUT TPS’ PRIOR WRITTEN CONSENT. TPS RESERVES THE RIGHTS TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH TPS’ DEFENSE OF SUCH CLAIM.
GENERALTo the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Tarrant County, Texas, U.S.A. in all disputes arising out of or relating to the use of the TPS Portal website. Use of the TPS Portal website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TPS as a result of this agreement or use of the TPS Portal website. TPS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TPS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TPS Portal website or information provided to or gathered by TPS with respect to such use. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TPS with respect to using the TPS Portal website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TPS with respect to using the TPS Portal website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:The content and design of TPS Portal website is protected by U.S. and international copyright laws, Copyright 2016 by Tenaska Power Services Co.
Any rights not expressly granted herein are reserved.
