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Terms of Service
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Pronto III Electronic Bulletin Board, owned and operated by Xcel Energy. ("XCEL"), provides a service ("Service") to you ("User") under the terms and conditions defined by the Pronto Terms of Service and any operating rules or policies that may be published by XCEL.
The Pronto Terms of Service comprises the entire agreement between User and XCEL and supersedes all prior agreements.
Submitting a Pronto III Access Request Form constitutes an affirmative acknowledgment and agreement by User to abide and be bound by the Terms of Service.
Use of the Service by logging on with a User Logon and Password constitutes an affirmative acknowledgment and agreement by User to abide and be bound by the Terms of Service.
DESCRIPTION OF SERVICE
Pronto III is an interactive communication tool that currently provides the User with the ability to:
View and download nomination related information [confirmations, allocations, BTU content etc.].
View and download meter volumes.
View and download imbalance information.
View and download notices and business information topics.
XCEL reserves the right to modify these services without notice.
Provide their own equipment [computer, modem, browser etc.] necessary to establish a connection to the World Wide Web.
Provide their own access to the World Wide Web and pay any fees associated with such access.
Maintain current User information [name, address, telephone etc.] with XCEL. If any information provided by User is inaccurate, XCEL retains the right to terminate User's access.
MODIFICATIONS TO TERMS OF SERVICE
XCEL reserves the right to change the Terms of Service.
In the event that the Terms of Service are changed, XCEL will notify the User by posting an alert message on the Logon page.
Continued use of the Service constitutes an affirmative acknowledgment by User of the Terms of Service and its modifications; and agreement by User to abide and be bound by the Terms of Service and its modifications.
User LOGIN, PASSWORD, AND SECURITY
Once you are approved to become a Pronto User, you shall receive a Login and Password. You are entirely responsible for maintaining the confidentiality of your Login and Password. Furthermore, you are entirely responsible for any and all activities occurring under your Login. You may change your password at any time.
User agrees to immediately notify XCEL of any unauthorized use of User's Login or any other breach of security known to User.
DISCLAIMER OF WARRANTIES
User expressly agrees that use of the service is at User's sole risk. The service is provided on an "as is" and "as available" basis.
XCEL expressly disclaims all warranties of any kind, whether expressed or implied.
XCEL makes no warranty that the service will; meet your requirements, be available, timely or accurate.
XCEL does not make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service.
User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at User's own discretion and risk.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
LIMITATION OF LIABILITY
XCEL shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Service or from unauthorized access to or alteration of User's data, including but not limited to, damages for loss of profits, use, data or other intangible, even if XCEL has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
User agrees to indemnify and hold XCEL, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of:
User's use of the Service.
The violation of the Terms of Service by User.
The infringement by User, or other person accessing the Service using User's computer or Logon.
Any intellectual property or other right of any person or entity.
Either User or XCEL may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. XCEL shall not be liable to User or any third party for termination of Service.
Should User object to any terms and conditions of the Terms of Service or any subsequent modifications thereto or becomes dissatisfied with the Service in any way, User's only recourse is to immediately:
Discontinue use of the Service.
Notify XCEL of termination.
Upon termination of the Service, User's right to use the Service immediately ceases.
All notices from User to XCEL shall be in writing. XCEL may broadcast notices or messages through the Service to inform User of changes to the Terms of Service, the Service, or other matters of importance; such broadcasts shall constitute notice to User.