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Vectren, A CenterPoint Energy Company Privacy Policy

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Vectren, A CenterPoint Energy Company and its various affiliates and subsidiaries (collectively,"Vectren", "we" or "us" ) provide Vectren.com and other Vectren-owned/operated websites, apps, and online service locations that post a link to this Privacy Policy, and all products, features, and content available on such online service locations (collectively, the "Service" ) are subject to the following Privacy Policy. This privacy policy will not apply to the extent that you navigate to a third-party website linked from the Service.
 
This Privacy Policy explains how we collect, maintain, share and protect your Personal Information collected through the Service.  This Privacy Policy also lets you know about the privacy choices you have and how you can manage them to get the most from your relationship with us. This Privacy Policy does not apply to information you may have given us offline, such as by telephone or in person.
 
Whenever you use our Service "either as a casual visitor or to actively submit information to it "you are agreeing to the terms of this Privacy Policy and our Vectren Online Terms of Use. This Privacy Policy also applies to web- and app-based programs, products and services that we make available or may make available in the future in partnership with third-party companies not affiliated with us.  Third-party companies often have their own online privacy policies that will apply to those same programs.  We encourage you to review all of the privacy policies associated with the programs, products and services you use on the web.

The Information We Collect and Why

Information you provide to us

 
We collect information you provide directly to us via the Service.  For example, we collect information through routine business with you.  Typically this information includes:

  • Your name, postal address, email address and telephone number
  • User name or ID and password for access to your Vectren.com account or an affiliated online account
  • Financial information, including electronic billing information
  • Data about your transactions with us
  • Your Vectren Energy account number, meter number and house number
  • Your electric service account number and electricity usage information (in markets where electric distribution services are offered)
  • Friends' or family members' names and email addresses
  • Information about your participation in our renewable energy, energy efficiency or energy conservation programs
 
We also collect information when you participate in energy conservation programs designed to make your home's energy use more efficient. These are the types of information we may collect if you participate:

  • Energy equipment sales invoice information and details about your equipment like brand name, model number, equipment dealer's contact details, etc.
  • Household information like the square footage, the number of occupants, types of household appliances, etc. 
  • Household income
  • Your date of birth, gender and other demographic information
  • Other details about you and your family that you may submit to us
 
The information we collect may include Personal Information. "Personal Information is information such as your first and last name, phone number, mailing address, email address, and other information that can be used to identify you individually (whether alone or in combination).  You may choose to voluntarily submit certain other information to us through the Service, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not collected such information or requested that you submit such information to us.
 
Personal Information once de-identified will not be subject to this Privacy Policy, and we and our Service Providers (defined below) may treat it as non-Personal Information and use it without obligation to you except as prohibited by applicable law. 

Information we collect automatically

We and our Service Providers may automatically collect certain information about you when you access or use our Service (Automatically Collected Information).  Automatically Collected Information may include your IP address, device identifier, Ad ID, browser type, operating system characteristics, data regarding network connected hardware (e.g., computer or mobile device), and information about your use of our Service, such as the time and duration of your visit and how you arrived at our Service.  Except to the extent required by applicable law, Vectren does not consider Automatically Collected Information to be Personal Information.  However, Automatically Collected Information may be combined with your Personal Information.  To the extent that Automatically Collected Information is Personal Information under applicable law, we will treat the combined information as Personal Information under this Privacy Policy. 

The methods that we and our Service Providers may use to collect 

Automatically Collected Information include:
 

  • Log Information: We collect information about your use of our Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and store it in log files.
  • Information Collected by Cookies and Other Tracking Technologies: We may use cookies, web beacons (also known as "tracking pixels"), embedded scripts, location-identifying technologies, in-app tracking methods, and other tracking technologies now and hereafter developed ( Tracking Technologies ) to collect information about interactions with our Service or emails, including information about your browsing and viewing behavior and to ensure that only authorized users and devices can access the Service and Screener Content.
    • Cookies
      A cookie is a small text file that is stored on a user's device. We use both session ID cookies and tracking cookies. Session cookies make it easier for you to navigate our Service and expire when you close your browser. Tracking cookies help us understand how you use the Service and enhance your user experience.  Cookies remain on your hard drive for an extended period of time. If you use your browser's method of blocking or removing cookies, some features and functionalities of our Service may not work. 
    • Web Beacons ( Tracking Pixels )
      Web beacons are small graphic images, also known as "Internet tags" or "clear gifs," embedded in web pages and email messages. Web beacons may be used to count the number of visitors to our Service, to monitor how users navigate the Service, and to count how many particular articles or links were actually viewed.
    • Embedded Scripts
      An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Service, and deleted or deactivated thereafter.
    • Location-identifying Technologies
      GPS (global positioning systems) software and other location-based technologies locate you for purposes such as verifying your location and delivering relevant content based on your location.
 
We are giving you notice of the Tracking Technologies and your choices regarding them, as explained below in "Unsubscribe to email messages", so that your consent to encountering them is meaningfully informed. 

Information from other sources 

We may also obtain information about you from other sources and combine that with information we collect about you.  To the extent we combine such third party sourced information with Personal Information we collect directly from you on the Service, we will treat the combined information as Personal Information under this Privacy Policy.  We are not responsible for the accuracy of the information provided by third parties or third-party practices.

How we use the Personal Information we collect

We may use information about you for any purposes not inconsistent with our statements under this Privacy Policy or prohibited by applicable law.  Examples include:

  • Facilitating, managing, personalizing and improving your online experience
  • Responding to your questions and comments
  • Verifying documents
  • Enrolling you in services and programs
  • Creating and managing online accounts and profiles
  • Sending news and updates about Vectren Energy and our products and services that we believe may interest you (for information about how to manage these communications, see "Unsubscribe to email messages" below)
  • Telling you about special events, programs, offers and promotions
  • Inviting you to participate in surveys and performing market and consumer research
  • Using information about you in statistical analysis to help us analyze trends
  • Evaluating, operating and improving business functions
  • Sharing with third parties so they can send you information about products and services that may be of interest
  • Complying with legal requirements and policies and enforcing our Vectren Online Terms of Use

How we share your Personal Information

We use third-party service providers, affiliates and independent marketing partners to help us provide you with a variety of quality products, services and programs. In the course of business, we may need to share your Personal Information.
 
We may use your Personal Information to respond to subpoenas, government or law enforcement requests, court orders or otherwise as required by law. We may disclose information when appropriate and necessary in order to prevent physical harm or financial loss or in connection with an investigation of suspected or actual fraudulent or illegal activity.
 
 We may also share information about you with our third parties as follows:
 

  • To protect the rights, property, life, health, security and safety of us, the Service or any third party;
  • With our affiliates for internal business purposes;
  • With our subsidiaries, affiliates, business partners, and other third parties for their own business purposes; and
  • In connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another company.
 
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with third parties or affiliates for any purpose. 

Information you disclose publicly or to others

The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively,"User Content"), on platforms such as blogs and forums, and in association with your account and user profile.  We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you.  Others may have access to this User Content and may have the ability to share it with third parties.  Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content.  Please note that Vectren Energy does not control who will have access to the information that you choose to make public and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure.  We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service.  We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service.  We are not responsible for User Content you submit to third party services via our Service.

Data Security

We have put administrative, technical and physical safeguards in place to help protect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. Access to your information is limited to employees who need it for a business purpose. Or, during the course of business, if your Personal Information is shared with outside contractors, there are provisions in our contracts with them to safeguard your information, as appropriate. We can't promise that our security measures will never be defeated or fail, and unfortunately no electronic transmission of information is entirely secure.

Where we operate our Service

Our Service is governed by applicable U.S. laws. When you provide Personal Information to us, we may process it in the U.S. or outside of the country in which you are located.  Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing and storage of your information, including Personal Information, in the U.S. as set forth in this Privacy Policy.

Links to other websites

Our Service may provide links to independent, third-party websites, locations, platforms or services. Even though we provide links to other websites, we are not responsible for the content found on those websites, and they may have their own privacy policies regarding collecting and sharing Personal Information. 

Social Media Features

Our Service provides social media features that let you share our information and interact with us through social networks. Using these features may result in us collecting or sharing information about you.
 
Social media networks operate independently from Vectren Energy. We are not responsible for their interfaces, privacy or security practices. We encourage you to review the privacy policies and settings on the social media sites you use so you can understand how they operate.
 
If you access our Service through social media platforms (like Facebook), we may access and store information through an interface provided by the platform. We collect this information in accordance with social networks' terms of use or terms of service. 

Advertising, Analytics Services, and Online Tracking

We may engage and work with third parties to serve advertisements on our behalf on the Service and/or on third-party services and to provide analytics services about the use of our Service and the performance of our ads and content on third-party services. In addition, we may participate in online advertising networks and exchanges that display relevant advertisements to our Service visitors, on our Service and on third-party services and off of our Service, based on their interests as reflected in their browsing of the Service and certain third-party services. These entities may use cookies and other Tracking Technologies to automatically collect information about you and your activities, such as registering a unique identifier for your device and tying that to your online activities on and off of our Service.  We may use this information to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Service and third-party services and better understand your online activity. 
 
Some information about your browsing of the Service and certain third-party services may be collected across time and services and shared with third parties to deliver ads and/or other content to you on the Service and certain third-party services. Vectren Energy may receive information about Third-Party Services that you have visited and use it for marketing purposes "a practice sometimes termed"(re)-targeting, "interest-based advertising, and "online behavioral advertising.   Data collected from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such data was collected or transferred to a non-affiliate for such purposes.
 
We are not responsible for third parties or third-party services associated with advertising and analytics services and related tracking activities.  Consult their privacy policies and notices for information on their practices and see "Unsubscribe to email messages" below regarding certain choices some of them may offer you.

Do not track signals

While your browser settings may allow you to automatically transmit a "do not track" signal to websites and online services you visit, like many companies, we do not alter our practices when we receive these signals. To learn more, visit http://www.allaboutdnt.com.

Children's Privacy

While our Service is not intended for children younger than age 13, on occasion we may provide features for children such as educational videos or online games that teach about science and energy. Those pages do not ask for personal information, and we do not knowingly collect it from children younger than age 13. If you know that a child has submitted personal information to us, please send an email or letter regarding the situation, and we will delete it from our records.

Access

Our online tools make it easy to manage your contacts and Personal Information.  Log in or sign up for My Account to review, update or add contact details and bill reminders and alert preferences. You may also contact us at Vectren.com/contact .

Unsubscribe to email messages

You can tell us not to send you promotional emails by clicking the unsubscribe link at the bottom of the emails you receive from us.  Doing so will not prevent us from sending you transactional emails such as billing, account-related, regulatory or safety emails, but it does mean that you will not learn about Vectren Energy products or services as soon as they are announced.
 
You may re-subscribe for emails at any time by contacting Customer Service. It typically takes ten business days to process subscription requests.

Opt out of receiving targeted advertising

Certain companies may participate in the Digital Advertising Alliance ("DAA") AdChoices Program and may display an Advertising Option Icon for interest-based ads that links to an opt-out tool which allows you to exercise certain choices regarding targeting.  You can learn more about the DAA AdChoices Program at ouradchoices.com and its opt-out program for mobile applications at aboutads.info/appchoices.  In addition, certain advertising networks and exchanges may participate in the Network Advertising Initiative (NAI). NAI has developed a tool that allows consumers to opt out of certain targeted advertising delivered by NAI members' ad networks. To learn more about opting out of targeted advertising or to use the NAI tool, visit networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of targeted advertising, you will continue to receive non-targeted ads.  We are not responsible for the effectiveness of, or compliance with, any third parties' opt-out options or programs or the accuracy of their statements regarding their programs.
 
In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our databases (Matched List Ads ).  This is done by matching common factors between our databases and the databases of third-party operators.  For instance, we may use such ad services offered by Google, Facebook, or Twitter. If we use Google to serve Matched List Ads, you can opt out by contacting us at Vectren.com/contact .  If we use Facebook to serve Matched List Ads, you should be able to hover over the box in the right corner of such a Facebook ad and find out how to opt out with us from such list. If we use Twitter Matched List Ads, you should be able to opt out through your account settings on Twitter.  If you opt out from our Google Matched List Ads, Facebook Matched List Ads, or Twitter Matched List Ads, you will be removed from that respective list; however, this will not take effect immediately. and if you have multiple emails or other accounts, you may have to opt out separately for each one.  We are not responsible for such third-party services' failure to comply with your or our opt-out instructions or to provide us notice of your opt-out elections, and they may change their options without notice to us or you.

Your California Privacy Rights

California's Shine the Light law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties' and affiliates' own direct marketing purposes. Under this law, a business must either provide California customers certain information upon request or permit California customers to opt into, or opt out of, this type of sharing.
 
We may from time to time elect to share certain information about you collected by us on the Service with third parties or affiliates for those third parties' or affiliates' own direct marketing purposes.  If you are a California resident, you may request information about our compliance with this law by contacting us at Vectren.com/contact or by sending a letter to Vectren, Attn: Privacy Policy Administration, P.O. Box 209, Evansville, IN 47702-0209.  Requests must include "California Privacy Rights Request" in the first line of the description and include your name, street address, city, state, and ZIP code.  Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.

Updates to our privacy policy

We may periodically update our Privacy Policy to reflect changes in our information practices. Any changes will be effective immediately upon posting of the revised Privacy Policy.  We will post a prominent notice with an effective date on our Service to notify you of any material changes to this Privacy Policy.

Contact Us

If you have any questions or comments about this Privacy Policy, or if you would like us to update information we have about you, please contact us at
Vectren.com/contact .
 
Or write to us at:
Vectren
Attn: Privacy Policy Administration
Privacy Policy Administration
P.O. Box 209
Evansville, IN 47702-0209

Vectren, A CenterPoint Energy Company and its various affiliates and subsidiaries (collectively, "Vectren", "we" or "us") provides Vectren.com and other Vectren-owned/operated websites, apps, and online service locations that post a link to these Terms of Use and all products, features, and content available on such online service locations (collectively, the "Service") subject to the following Terms of Use.

Please read these Terms of Use carefully. By accessing and/or using this Service you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and the Vectren Online Privacy Policy "this is true whether you are just visiting by browsing the Service on your computer or on a mobile or wireless device, using the Service for any reason without being registered, or if you have signed up for or registered for an account or to shop for or purchase products or services on the Service. This Service is intended for individuals who are at least 13 years old. If you are under the age of 13 years old, you may not use this Service.

Vectren may change, modify or otherwise alter these Terms of Use in its sole discretion at any time, with or without notice to you. You must review these Terms of Use on a regular basis to keep yourself apprised of any such changes. By using this Service after any such changes have been made, you agree to comply with, and to be bound by, the modified Terms of Use and all such changes. Additional terms will apply when you use certain Vectren applications, programs, and services, and those terms will be provided to you prior to your use of those applications, programs, and services.

1.  Use of the Service

Vectren hereby grants you a non-exclusive, non-transferable, personal, revocable, limited license to access and use the Service under the terms set forth below.

The Service and the content, including, but not limited to, text, data, reports, opinions, software (including HTML-based computer programs), images, photos, graphics, graphs, charts, animations and video (collectively the "Content") displayed on the Service may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Service or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of Vectren.

The Service and the Content are the exclusive property of Vectren or its licensors, and are protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos (collectively, the "Marks") on the Service are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the Marks on the Service may be registered or unregistered marks of Vectren or others. Nothing contained on this Service should be construed as granting by implication, estoppel, or otherwise any license or right to use any of the Marks on the Service without the express written permission of Vectren or a third party owner of such Marks.
Any unauthorized uses of the Marks or Content on the Service are strictly prohibited. To request permission to use the Marks or Content on the Service, or any other Vectren material, please contact Vectren at Vectren.com/contact.

You shall honor all reasonable requests by Vectren to protect Vectren's proprietary interests in the Service and its Content. You expressly agree not to:

  • Use the Service for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
  • Use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Service or any data or content found on or accessed through the Service without prior express written consent;
  • Obtain or attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by their public display on the Service or through their accessibility by a visible link on the Service;
  • In any way bypass or circumvent any other measure employed to limit or prevent access to the Service or Content displayed on the Service;
  • Violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with this Service, through hacking, password mining or any other means;
  • Interfere or attempt to interfere with the proper working of the Service or any activities conducted on or through the Service, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Service;
  • Take or attempt any action that, in the sole discretion of this Service's operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or our infrastructure.
  • Reveal another person's address, phone number, e-mail address, credit card number, Social Security Number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.

You may not use the Service for any unlawful purpose. Any unauthorized use by you of the Service terminates your license to access and use the Service.

2. Content You Submit

The Service may provide you the opportunity to post content within community features or forums (each, a "Community Forum").  The content you choose to post or disseminate on a Community Forum, the Service in general or to Vectren is referred to in these Terms of Use as "User Content". Your User Content may be available for all other users to view and download, so use caution in what you post or otherwise make available on the Service.

Except as otherwise described in the Vectren Online Privacy Policy or other agreement on the Service, you remain the owner of your User Content, but you acknowledge that Vectren must have a license from you in order to accept your User Content.  Accordingly, you grant to Vectren an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever (including to provide the Service and Services) in all formats, on or through any media, technology or device now known or hereafter developed.  You further perpetually and irrevocably grant Vectren the unconditional right to use, disseminate and display your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or payment to you.

You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned.  You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms of Use; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant Vectren the license above. Upon Vectren's request, you will furnish Vectren any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

You authorize Vectren to publish your User Content in a searchable format that may be accessed by users of the Service. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You also acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Vectren, a Community Forum or the Service.

You also understand and acknowledge that: (a) Vectren has wide access to ideas and other materials and that many ideas may be similar or identical to your submission (your User Content) and/or each other; (b) you will not be entitled to any compensation as a result of Vectren's use of any such similar or identical material; and (c) Vectren does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to your User Content. 

You agree that Vectren has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its rights to use your User Content. You further acknowledge and agree that Vectren will not have any obligation to you with regard to User Content and that Vectren may or may not monitor, display or accept your User Content and may delete it at any time and you may have no right to access or control any User Content that you provide once you provide it.  If you uploaded content you wish to be deleted from the Service, you can contact us at Vectren.com/contact and we will review your request.

3. Linking Policy

Vectren grants you the revocable permission to link to publicly available (i.e., non-password protected) portions of the Service; provided, however, that any link to the Service: (a) must not frame or create a browser or border environment around any of the content on the Service or otherwise mirror any part of the Service; (b) must not imply that Vectren or the Service is endorsing or sponsoring it or its products, unless Vectren has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Vectren's sole opinion, harm Vectren or its products or services; (d) must not use any Vectren trademarks without the prior written permission from Vectren; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Vectren's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to the Service, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms of Use, Vectren reserves the right to prohibit linking to the Service for any reason in our sole and absolute discretion.

4.  User Interactions and Disputes

You are solely responsible for your interaction with other users of the Service, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor disputes and take action associated with those disputes.  Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online and offline activities.

5. Your Account

If you sign up for an account on the Service, you must select a username and password and provide accurate, complete, and updated contact information, identification details, and any other form of authentication requested on the Service in Vectren's sole discretion. Failure to do so constitutes a violation of these Terms of Use, which may result in immediate termination of your license to access and use the Service. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Service on someone else's behalf, you represent that you have the authority to bind that person as a principal to these Terms of Use, and you agree to accept liability for harm caused by that person's wrongful use of the Service.

Vectren reserves the right to refuse service, terminate accounts, remove or edit content, or cancel accounts for any reason, in its sole discretion. These Terms of Use will remain in full effect even after your account is terminated.
You shall register for and use your account on the Service, and purchase and use the products, features, and content available through the Service, in strict compliance with (1) these Terms of Use, and (2) all applicable laws, rules and regulations (collectively, "Laws").

6. Notices

The products and services are made available on the Service in electronic form.  By visiting or using the Service in any way, you agree to accept notices of any kind from Vectren in electronic form.  Notices from Vectren intended for your receipt shall be deemed delivered and effective when sent by email by Vectren to any email address you provide to Vectren on or in connection with the Service.

7.  Privacy

Use of the Service and products and services available on the Service is also governed by the Vectren Online Privacy Policy. You should read the Vectren Online Privacy Policy before using the Service.

8. Third Party Websites and Social Networks

You may, through hypertext or other computer links on the Service, gain access to websites and social networks that are not under the control of or operated by Vectren, but rather are exclusively controlled and operated by third parties. These third party websites and social networks are subject to different terms and conditions. When you access and use third party websites and social networks, you will be legally bound by the terms and conditions of those websites and social networks. If there is a conflict between these Terms of Use, on the one hand, and terms and conditions of third party websites and/or social networks, on the other hand, the third party websites' and/or social networks' terms and conditions will govern with respect to your access and use of those websites and social networks.

Although Vectren may provide a link to a third party website or social network on the Service, such a link is not an authorization, endorsement, sponsorship or affiliation by Vectren with respect to such website or social network, its content, its owners or its providers. Vectren provides such links for your reference and convenience only. Accordingly, Vectren makes no representations whatsoever concerning such websites and social networks. Vectren has not tested any information, products or software found on such websites and social networks and therefore cannot make any representations whatsoever with respect thereto. You agree that Vectren is not responsible for the content or operation of such websites and social networks, and it is up to you to take precautions to ensure that whatever you select is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. You are solely responsible for determining the extent to which you may use any content at any other websites and social networks to which you link from this Service.

9. Feedback

Any comments or materials sent to the Service or to Vectren, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be the property of Vectren. Vectren's use of the Feedback will be in compliance with the Vectren Online Privacy Policy, which is set forth on the Service, and applicable laws. Vectren shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Vectren shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback, without compensating you.

10. Sweepstakes, Contests, and Promotions

Any sweepstakes, contests or other promotions (any, a "Promotion") that may be offered via the Service may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used.  It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).

11. Reporting Copyright and Other Intellectual Property Violations

You may not use the Service for any purpose or in any manner that infringes the rights of any third party. Vectren encourages you to report any content on the Service that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Service infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.

In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Vectren has a designated agent for receiving notices of copyright infringement and Vectren follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Vectren's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on the Service violates your rights other than copyrights, please provide Vectren with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding the Service or other complaint regarding alleged violation of rights to Vectren's copyright agent, who can be reached as follows:

A. Reagan Harris Fibbe
Fibbe Law Office, PLLC
P.O. Box 27291
Houston, Texas 77227
832.338.8090
reagan@fibbelaw.com
 
This contact information is for inquiries regarding potential copyright and other intellectual property infringements only.

We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

Vectren will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement.

12.  Wireless and Location-Based Features

The Service may offer features that are available to you via your wireless device including the ability to access the Service's features and receive messages from the Service, and download applications (collectively, "Wireless Features").  By using the Service, you agree that we may change, alter, or modify the settings or configurations on your device in order to allow for or optimize your use of the Service.

If you have location-based features on your wireless device, you acknowledge that your device location will be tracked consistent with the Vectren Online Privacy Policy. You can terminate location tracking by us through Privacy Settings on your wireless device or by uninstalling our mobile app.  Location-based features are used at your own risk and location data may not be accurate.

13. Disclaimer of Representations and Warranties; Limitation of Liabilities 

You are entirely liable for activities conducted by you in connection with your access and use of the Service. If you are dissatisfied with the Content or the Service or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Service.

THE CONTENT AND THE SERVICE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. NEITHER Vectren NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYERS OR AGENTS ("COLLECTIVELY, "THE Vectren ENTITIES") MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SERVICE, THE SERVICE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SERVICE. THE Vectren ENTITIES HEREBY DISCLAIM ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE Vectren ENTITIES SHALL NOT BE LIABLE TO YOU OR ANYONE OTHER PERSON OR ENTITY FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM.  ANY SUPPLIERS OFFERING AND PROVIDING SERVICES ON THIS SERVICE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF VECTREN. THE VECTREN ENTITIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. 

IN NO EVENT WILL THE VECTREN ENTITIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

IN NO EVENT SHALL THE VECTREN ENTITIES OR ANY OF THEIR THIRD PARTY LICENSORS, RESPECTIVE CONTRACTORS, OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, TIME, MONEY, PROFITS OR GOOD WILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN, WITH RESPECT TO ANY USE OF THE SERVICE OR ANY HYPERLINKED WEBSITE, EVEN IF THE VECTREN ENTITIES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE VECTREN ENTITIES NOR ANY OF THEIR AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SERVICE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND ANY CONTENT ON THE SERVICE OR OTHERWISE. IN NO EVENT WILL THE VECTREN ENTITIES, THEIR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE SERVICE.

The Content may include delays, omissions or inaccuracies due to the number of sources from which the Content is obtained. The Vectren Entities assume no liability for any errors or omissions in the Content and expressly disclaims any responsibility to update the Service or the Content displayed on the Service. The Vectren Entities assume no responsibility for the use of third party software on the Service and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

14. Indemnification

BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VECTREN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE OR CONTENT PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING OR RESULTING FROM YOUR USE OF THE SERVICE AND ANY VIOLATION OF THESE TERMS OF USE. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SERVICE OR THE SYSTEMS TRANSMITTING THE SERVICE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION.

15. Termination; Survival

Vectren reserves the right to terminate your access to and use of the Service (or any portion of the Service) in its sole discretion, without notice and liability, including, without limitation, if Vectren believes your conduct fails to conform with these Terms of Use. Vectren also reserves the right to investigate suspected violations of these Terms of Use, including, without limitation, any violation arising from any e-mails you send to the Service or Vectren. Any violation of these Terms of Use may be referred to law enforcement authorities. 

You may terminate this Agreement or membership in the Service, for any or no reason, at any time, by sending an email to webeditor@Vectren.com. 
If your access to the Service is terminated, cancelled or otherwise ends: (i) we will remove your profile from the Service; and (ii) we may, in our sole discretion, remove and discard any of your User Content, but we will have no obligation to do so and public posts made by you on the Service may remain on the Service in perpetuity.  If you uploaded content you wish to be deleted from the Service, you can contact us at Vectren.com/contact and we will review your request.

Termination, suspension, or cancellation of these Terms of Use or your access to the Service will not affect any right or relief to which Vectren may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to Vectren and its licensors.

Notwithstanding the expiration or earlier termination of your account on the Service, rights and obligations under these Terms of Use which by their nature should survive, will remain in effect after termination or expiration hereof. Upon the expiration or earlier termination of your account on the Service, all rights and obligations of the parties under these Terms of Use shall expire, except those rights and obligations under those sections specifically designated in this Section 15.

16. Location of Service and Territorial Restrictions

Unless otherwise specified, the Service is presented solely for residents of United States of America.

The information provided on the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Vectren to any registration requirement within such jurisdiction or country. Vectren makes no representations or warranties that the information, products or services contained on the Service are appropriate for use or access outside of the United States. Anyone using or accessing the Service from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by this Service may be subject to United States export controls. Thus, no software from this Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

17. Applicable Laws

The laws of the State of Texas govern your use of the Service, any dispute concerning the Service, the interpretation and enforcement of these Terms of Use, your rights and obligations and all actions contemplated by these Terms of Use, without giving effect to any principles of conflicts of laws, as if the Terms of Use were a contract wholly entered into and wholly performed within the State of Texas. Unauthorized use of this Service is prohibited and violators can be prosecuted under federal and state laws.

18. Disputes; No Class Actions

To the extent allowable by law, any dispute relating in any way to your access to and use of the Service shall be submitted to confidential and binding arbitration in the State of Texas under the rules of the American Arbitration Association.  Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of Vectren or its licensors, as the case may be, Vectren or its licensors may seek injunctive or other appropriate relief in any state or federal court in the State of Texas.

Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.  YOU AND VECTREN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

In connection with any litigation, without limiting our right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state or federal courts located in Houston, Texas. All rights not expressly granted herein are reserved.

Certain portions of this Section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act.  You and Vectren agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act.  This Section can only be amended by mutual agreement.

19. Waiver of Injunctive or Other Equitable Relief.

YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY VECTREN OR A LICENSOR OF VECTREN.

20. Force Majeure

Vectren shall be excused from performance under these Terms of Use to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Vectren.

21. Entire Agreement; Updates to Terms of Use

You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between you and Vectren concerning your access to and use of the Service, and supersede and govern all prior proposals, agreements, or other communications, whether oral or in writing, with respect to the Service. You represent, warrant, and covenant that your access to and use of the Service will comply with these Terms of Use.

Vectren reserves the right to modify or add to these Terms of Use at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Service so that they are accessible via a link on the home page, and that your use of the Service after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward.

22. Severability

In the event that any term or provision of these Terms of Use is deemed unenforceable or invalid under any applicable law or by a court decision, such unenforceability or invalidity shall not render the remaining terms or provisions unenforceable or invalid. Vectren will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Vectren as reflected in the original provision. 

23. Assignment

You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Vectren, which may be withheld at Vectren's sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Vectren may assign these Terms of Use, in whole or in part, to any third party in its sole discretion, without notice to you.

24. Miscellaneous

Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between you and Vectren. The failure of Vectren to insist upon strict compliance with any term or provision of these Terms of Use shall not affect the full right to require such performance at any time thereafter, and shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. No waiver by Vectren of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized office of Vectren. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms of Use will not be construed against Vectren by virtue of Vectren having drafted them.

You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Service. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Service, including, without limitation, those governing your transmission or use of any software or data.

25. Terms Applicable for Apple IOS

If you are using the Service through an Apple Device, the following terms apply:

  • (i) To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms of Use are entered into between you and Vectren and, that Apple, Inc. ("Apple") is not a party to these Terms of Use other than as third-party beneficiary as contemplated below.
  • (ii) The license granted to you in these Terms of Use is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
  • (iii) You acknowledge that Vectren, and not Apple, is responsible for providing the Service and Content thereof.
  • (iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
  • (v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
  • (vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that, solely as between Apple and Vectren, Vectren, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 
  • (vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
  • (viii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
  • (ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.


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