Last Updated: July 2016
Welcome. We thank you for visiting a website of Dynegy Inc., Dynegy Energy Services, LLC, Homefield Energy, Illinois Power Marketing LLC, or one of their subsidiary or affiliated companies (collectively, Dynegy). These Terms of Service (TOS) apply to your use of any Dynegy website that provides a link to these TOS, including dynegy.com, dynegyenergyservices.com, dynegyohio.com, and homefieldenergy.com (the Sites).
We may modify or update the TOS from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Sites thereafter. Your continued use of the Sites following the posting of revised TOS means that you accept and agree to the changes. You are expected to check this page each time you visit any of the Sites so that you aware of any changes, as they are binding on you.
In addition, when using particular services, your transactions or services may be subject to additional terms and conditions applicable to such services which may be posted from time to time. All such additional terms and conditions are hereby incorporated by reference into the TOS.
Throughout the TOS, "you" and "your" refer to any visitors to the Sites.
You may use the Sites only for lawful purposes and in accordance with the TOS. Any use of the Sites for any purpose contrary to applicable law or the TOS is strictly prohibited.
You are entitled to view, download, and copy any materials, including images, text, illustrations, documents, photographs, video clips and other materials that are made generally available on the Sites but only for your own internal business purposes or personal use. No right, title, or interest in any downloaded or copied materials is transferred to you as a result of such downloading or copying. Any sale, transmission or redistribution of the Sites or the Sites’ content, and any copying, modification or other use of the Sites or the Sites’ content for any purposes other than your own internal business purposes or personal use, are strictly prohibited.
You are prohibited from using the Sites to interfere with, disrupt, damage, or gain unauthorized access, directly or indirectly, to Dynegy's computer systems or a third party's computer systems. You shall not interfere with another user's use or enjoyment of the Sites.
Dynegy reserves the right, in its sole discretion, to take action that it deems appropriate for violations of this TOS, including but not limited to terminating your access to the Sites, filing of criminal charges against you, or the initiating a civil action against you.
To the extent required to do so by law, Dynegy will fully cooperate with any law enforcement authorities or court order requesting or directing Dynegy to disclose information regarding users of the Sites.
We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of the Sites’ content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You agree to defend, indemnify, hold harmless, and release Dynegy, its affiliates, licensors and service providers from and against any and all claims, liabilities, expenses (including attorney's fees) and damages arising out of or relating to your use of the information or the Sites, including, without limitation, any claims that if the allegations were true would constitute a breach of this TOS.
You agree that Dynegy, in its sole discretion, may terminate your access to or use of the one or more of the Sites, and remove and discard any content within the Sites, for any reason, including but not limited to any user name, password or other identifier. Dynegy may also, in its sole discretion, and at any time discontinue providing any of the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Dynegy may immediately deactivate or delete all related information and files. Further, you agree that Dynegy shall not be liable to you or any third-party for any termination of your access to the Sites.
LINKS TO THIRD-PARTY SITES
The Sites may provide, or third parties may provide, links to other websites or resources. Such websites are publicly available and Dynegy is providing access to such websites through the Sites solely as a convenience to you. Because Dynegy has no control over such sites and resources, you acknowledge and agree that Dynegy is not responsible for your use of such websites. The fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites or their sponsors by Dynegy. Dynegy does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Consequently, we cannot be responsible or liable for the accuracy, relevancy, copyright compliance, legality, or appropriateness of material contained in such websites.
DYNEGY'S PROPRIETARY RIGHTS
The Sites, their contents, and any necessary software used in connection with the Sites are owned by Dynegy, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other applicable intellectual property or proprietary rights laws. Except as expressly authorized by Dynegy or advertisers, you agree not to reproduce, modify, rent, lease, loan, sell, publicly display, distribute or create derivative works based on the Sites, in whole or in part.
All graphics, logos, product and service names, designs and slogans are trademarks of Dynegy or its affiliates or licensors. You must not use such marks without the prior written permission of the Dynegy.
You may link to the Sites’ respective home provided you comply with the following terms and conditions:
- You must link to the home page only. Links to other pages on the Sites are prohibited. Permission to link to any web page other than the "home page" must be obtained from Dynegy in advance. Requests for such authorization should be sent via e-mail to: email@example.com.
- Links must be an active, text-based hyperlink. You many not use any of our logos.
- You may not create frames around the Sites’ respective homepages or use other techniques that alter the visual presentation or appears of the Sites.
- You will not imply that Dynegy is endorsing you and/or any of the products or services that you provide. You will not misrepresent your relationship with Dynegy or any of its affiliates or any of the products and/or services that Dynegy or its affiliates provide.
- You acknowledge and agree that Dynegy has no responsibility or liability for any content that appears on the website from which you link to the Sites.
- You agree to cooperate with Dynegy in causing any unauthorized linking immediately to cease.
- We reserve the right to withdraw linking permission or change this Linking Policy without notice, so it is your responsibility to periodically review this page for any changes.
DISCLAIMER OF WARRANTIES
DYNEGY STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THE SITES. HOWEVER, DYNEGY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THE SITES. DYNEGY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE SITES. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DYNEGY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
DYNEGY MAKES NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DYNEGY OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DYNEGY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DYNEGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (iv) ANY OTHER MATTER RELATING TO THE SITES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on the Sites.
The failure of Dynegy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the parties hereto mutually believe, any provision of this TOS, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this TOS will continue in full force and effect and will be construed as if the invalid or unenforceable provision or part thereof had been deleted.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
THIS TOS SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING REGARD TO THE CHOICE OF LAW PROVISIONS OF THE STATE. ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TOS OR YOUR USE OF THE WEBSITE MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS OF TEXAS IN EACH CASE LOCATED IN THE CITY OF HOUSTON AND HARRIS COUNTY AND YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
Please report any violations of the TOS to firstname.lastname@example.org.