Minnesota Energy Resources ("MER")

(Revised May 30, 2012)

PLEASE NOTE: By using this website, you will be accepting these terms of use. If you do not accept these terms, please do not use this website.

Please check the Terms of Use frequently for amendments and revisions. The most up-to-date version will always be available for review on http://www.minnesotaenergyresources.com ("the website" or "the site"). The amendments will become effective at the time they are posted on the website. Your continued use of the website after amendments are posted will constitute your acceptance of such amendments.

We may modify or discontinue any aspect or component of the website at any time. If you breach any of these Terms of Use, we can terminate your right to use the website. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the website.

Content

We provide a variety of information and services to our customers through the website. You may use the website solely for your own residential, business or informational purposes and pursuant to these Terms of Use; you may not use the website for the purpose of competing with Minnesota Energy Resources. You may view and download material displayed on the website, provided that you retain all copyright, trademark, and other proprietary notices displayed on the materials.

While using the website or any service, you may not:

  1. retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of the website or any portion thereof without Minnesota Energy Resources' prior written consent;
  2. upload, post, publish, transmit, reproduce, or distribute through the website any material that infringes any third party's copyright, patent, trademark, service mark, trade dress, trade secret, or other proprietary rights, or which violates any contractual, fiduciary, or judicially-imposed nondisclosure obligations;
  3. engage in conduct, during use of the website, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous, or invasive of the privacy or publicity rights of others;
  4. upload, post, publish, transmit, reproduce or distribute through the website any material that contains advertising solicitations, bulk unsolicited emails or spam, chain letters, pyramid opportunities, or offers for the sale of goods or services;
  5. upload, post, publish, transmit, reproduce, or distribute through the website, or place any links on the website to, any material that is vulgar, obscene, profane, hateful, sexually explicit, or otherwise objectionable;
  6. alter, interfere, or disrupt the content or functioning of the website or Minnesota Energy Resources' service, including but not limited to uploading, posting, or transmitting any material that (a) contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, interfere with, capture, intercept, or expropriate the website or any data contained therein; or (b) disproportionately burdens the operation of the website;
  7. use the website to gain unauthorized entry or access to other computer systems or networks;
  8. "mirror" the website or any of its content on any other server without the express prior written permission of Minnesota Energy Resources;
  9. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any content that you post, or otherwise transmit to us via the website; or
  10. upload, post, publish, transmit, reproduce or distribute through the website any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or government order.

The website and any content, information, software, functions, and applets provided on or through the website are made available on an "as is" and "as available" basis. Minnesota Energy Resources does not warrant that the website or any content or service provided in connection with the site will be timely, secure, uninterrupted, or error-free, or that defects in the website or in any content or service provided on or through the website will be corrected.

Minnesota Energy Resources will not be responsible for errors, omissions, interruptions, deletions, defects, or delays in the operation or transmission of the website or any services or related content, for communication line failures, or for computer viruses associated with the operation of the website. Minnesota Energy Resources makes no warranty regarding any information made available through or on the website.

Minnesota Energy Resources MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

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Register For Online Access

The website 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:

  1. accept or decline an application to register for online access;
  2. terminate any online profile; and to
  3. discontinue the provision of any service related to such an online profile.

When registering for online access, 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:

  1. to provide accurate and complete information when registering for online access;
  2. to update your information as necessary so that it remains accurate and complete; and
  3. not to impersonate any other person, operate under an alias, or otherwise conceal your identity.

The right to use the services and functions of an online profile on the website 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 Minnesota Energy Resources 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 Minnesota Energy Resources immediately if you believe that the security of your username or password has been compromised.

Information collected from you on the website (including information about your online profile and customer account) is subject to our website Privacy Policy.

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e-Bill through CheckFree

Some customers of Minnesota Energy Resources are able to pay their energy bills online by using the electronic bill payment service offered through CheckFree Services Corp. ("CheckFree"). While using this service, some of the information is retrieved from CheckFree's servers. As a result, your use of the service will be subject to CheckFree's terms of use, and use of your personal information will be subject to CheckFree's privacy policy. You should review both carefully before signing up for e-Bill, as Minnesota Energy Resources' Terms of Use do not apply to the service and Minnesota Energy Resources is not responsible for the functionality or security of the service.

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Copyrights

All content on the website, including all text, graphics, artwork, logos, buttons, icons, images, audio clips, video clips, software, and code, is the copyrighted property of Minnesota Energy Resources or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. Any unauthorized use of materials on the website 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 Minnesota Energy Resources or the other copyright owner, as the case may be.

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Trademarks

The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers ("Trademarks") used and displayed on the website are registered and unregistered Trademarks of Minnesota Energy Resources 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 Minnesota Energy Resources or other Trademark owner, as the case may be. You may not use any meta tags or any other "hidden text" using Minnesota Energy Resources' name or Trademarks without the express prior written permission of Minnesota Energy Resources.

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The website may display links to other websites or electronic services sponsored by third parties. If you click on one of these links, you will leave the website and go to the site of a third party. In addition, if you request certain content appearing on the website, 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 website. Minnesota Energy Resources is not responsible for the content or operation of third-party websites or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply that Minnesota Energy Resources endorses or is affiliated with such websites, services, or third parties, or any services or products offered therein or thereby.

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SSL and Encryption

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.

The web address will have a https instead of http when using SSL.

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Liability

Minnesota Energy Resources, 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 WEBSITE OR ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE.

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 Minnesota Energy Resources, 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 website or the placement or transmission of any message, information, software, or other materials or content on or through the website 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 Minnesota Energy Resources relating to your use of the website, 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 Minnesota Energy Resources, as provided at the beginning of these Terms of Use.

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Suggestions

It is Minnesota Energy Resources' policy NOT to accept or consider any creative ideas, suggestions or other materials other than those that are specifically requested by Minnesota Energy Resources. 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 Minnesota Energy Resources. None of the Information shall be subject to any obligation of confidentiality on the part of Minnesota Energy Resources. Minnesota Energy Resources shall not be liable for any use or disclosure of any Information.

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Children

Although Minnesota Energy Resources does not specifically seek to obtain any information from children, we do not restrict children from visiting the website. 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 website shall be governed and construed in accordance with the laws of the state of Minnesota, 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.

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