(Revised January 1, 2006)
PLEASE NOTE: By using this Web site, you will be accepting these terms of use. If you do not accept these terms, please do not use this Web site.
Please check the terms of Web site use frequently for amendments and revisions. The most up-to-date version will always be available for review on http://www.minnesotaenergyresources.com ("the Web site" or "the site"). The amendments will become effective at the time they are posted on the Web site. Your continued use of the Web site after amendments are posted will constitute your acceptance of such amendments.
We may modify or discontinue any aspect or component of the Web site at any time. If you breach any of these Terms of Use, we can terminate your right to use the Web site. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the Web site.
We provide a variety of information and services to our customers through the Web site. You may use the Web site solely for your own residential, business or informational purposes and pursuant to these Terms of Use; you may not use the Web site for the purpose of competing with MER. You may view and download material displayed on the Web site, provided that you retain all copyright, trademark, and other proprietary notices displayed on the materials.
While using the Web site or any service, you may not:
The Web site and any content, information, software, functions, and applets provided on or through the Web site are made available on an "as is" and "as available" basis. MER does not warrant that the Web site or any content or service provided in connection with the site will be timely, secure, uninterrupted, or error-free, or that defects in the Web site or in any content or service provided on or through the Web site will be corrected.
MER will not be responsible for errors, omissions, interruptions, deletions, defects, or delays in the operation or transmission of the Web site or any services or related content, for communication line failures, or for computer viruses associated with the operation of the Web site. MER makes no warranty regarding any information made available through or on the Web site.
MER MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEB SITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
The Web site offers our customers a variety of functions and services. Many of the services use personal and customer account information. To protect your privacy, we may require that you establish an online profile. We reserve the unqualified right to:
When creating an online profile, you will either designate or receive a username and password that you can use to establish your identity when you sign in for and use certain services. You agree:
The right to use the services and functions of an online profile on the Web site is limited to you as the party enrolling and those authorized persons to whom you give your password. You are responsible for safeguarding your username and password and agree to hold MER harmless from any claims resulting from improper use of your password. You agree to be responsible for all acts or omissions with respect to access to or use of an online profile by any person using your password. Please contact MER immediately if you believe that the security of your username or password has been compromised.
Information collected from you on the Web site (including information about your online profile and customer account) is subject to our Web site privacy policy.
All content on the Web site, including all text, graphics, artwork, logos, buttons, icons, images, audio clips, video clips, software, and code, is the copyrighted property of MER or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. Any unauthorized use of materials on the Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations or statutes. Except as allowed in these Terms of Use, such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold, or transmitted (in whole or in part) in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of MER or the other copyright owner, as the case may be.
The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers ("Trademarks") used and displayed on the Web site are registered and unregistered Trademarks of MER and others in the United States and other countries. No display or use of such Trademarks may be made without the express prior written permission of MER or other Trademark owner, as the case may be. You may not use any meta tags or any other "hidden text" using MER's name or Trademarks without the express prior written permission of MER.
The Web site may display links to other Web sites or electronic services sponsored by third parties. If you click on one of these links, you will leave the Web site and go to the site of a third party. In addition, if you request certain content appearing on the Web site, you may be taken to a third party's site that is hosting the content. In some cases, the third party's content may be "framed" in such a way that it appears you are still on the Web site. MER is not responsible for the content or operation of third-party Web sites or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply that MER endorses or is affiliated with such Web sites, services, or third parties, or any services or products offered therein or thereby.
The process of logging on that requires usernames, passwords, or any personal information that you enter in fields or forms is secured using an industry standard security technology known as Secure Sockets Layer ("SSL"). By using SSL, we attempt to safeguard the confidentiality of your username, password, and other personal information. For SSL to work, your browser must be capable of supporting ssl; please check with your browser manufacturer for details.
Encryption is the process of converting information into a more secure format for transmission. The plain text is converted to scrambled code while being transmitted, and then decrypted back to plain text at the receiving end of the transmission.
Currently there are 2 levels of encryption generally available in web browsers: 40-bit encryption, and 128-bit encryption. The 128-bit browser offers the highest level of encryption generally available in North America today and provides the best protection when transmitting confidential data over the Internet.
MER, ITS AFFILIATES OR SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE WEB SITE OR ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE WEB SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless MER, its affiliates and subsidiaries, and their officers, directors, employees, agents, successors, or assigns from any and all claims, liabilities, costs, and expenses (including reasonable attorneys' and experts' fees) arising in any way from your use of the Web site or the placement or transmission of any message, information, software, or other materials or content on or through the Web site by you or users of your online profile or related to any violation of these Terms of Use by you or users of your online profile.
The Terms of Use state the entire agreement between you and MER relating to your use of the Web site, and all prior and contemporaneous agreements and understandings relating to the subject matter of these Terms of Use are superseded by and merged into these Terms of Use. These Terms of Use may not be amended, except by MER, as provided at the beginning of these Terms of Use.
It is MER's policy NOT to accept or consider any creative ideas, suggestions or other materials other than those that are specifically requested by MER. If, despite our request that you do not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of MER. None of the Information shall be subject to any obligation of confidentiality on the part of MER. MER shall not be liable for any use or disclosure of any Information.
Although MER does not specifically seek to obtain any information from children, we do not restrict children from visiting the Web site. We urge children only to give us any information after getting permission from their parents. In some cases, there are age limits for certain contests and give-aways. More details are provided in the contest areas.
This agreement and the terms for the use of the Web site shall be governed and construed in accordance with the laws of the state of Wisconsin, without giving effect to any principles of conflicts of law. The terms of this agreement shall remain in effect until such time that they may be updated.
