Entergy Corporation and Affiliates
General Terms, Conditions, and Policies for the Use of Web site
and Web Services
Welcome. You are viewing the Web site of Entergy Corporation and its
affiliated companies. These terms, conditions, and policies, and those
referred to below, govern your use of this Web site and the Web Services
(hereinafter defined) provided through this Web site. Please read them
carefully. Your use of this Web site and any of the Web Services constitutes
your agreement to abide and be bound by these terms, conditions, and policies
(herein collectively referred to as the “Agreement”). The Agreement also
extends to any e-mail sent by a user to Entergy at any time arising out of
transactions involving this Web site or the Web Services. You must comply with
the Agreement and any applicable user information provided by or to you in
connection with each use of this Web site and any Web Services provided
through this Web site. Any use of this Web site or the Web Services contrary
to the Agreement, as in effect at the time of such use, is unauthorized and
prohibited. Entergy reserves the right, in its sole discretion, at any time,
for any reason, and without prior notice to any user, to revise the terms,
conditions, and policies applicable to the use of this Web site. Accordingly,
users are advised to review this Agreement each time they use this Web site or
the Web Services.
Throughout the Agreement, the words “user”, “you”, “your”, and “yours” refer
to any person or entity using this Web site or the Web Services, and the words
“Entergy”, “we”, “us” and “ours” refer to Entergy Corporation and/or one or
more of its affiliated companies, as well as any vendor that Entergy, in our
sole discretion, may use to support this Web site or provide Web Services. The
term “Web site” refers to this Entergy Web site, and the term “Web Services”
refers to any and all services of any kind available through this Web site,
including but not limited to account access services, paperless bill delivery
services, and one-time and repetitive bill payment services.
1. ENTERGY AND AFFILIATES
a) Entergy Corporation is a holding company for individual public utility
companies, among other affiliates. Each of these public utility companies and
other affiliates is a separate and distinct legal entity. Each public utility
subsidiary of Entergy Corporation has its own service territory, federal
and/or state utility regulatory regime(s), rate structure(s), and customers.
No such public utility subsidiary or other affiliate shall be liable for the
obligations or entitled to the benefits of any other public utility subsidiary
or affiliate, except as may be expressly provided by duly authorized and
executed, enforceable written agreement. The public utility subsidiaries of
Entergy Corporation that provide retail electric and/or gas utility services
are the following:
• Entergy Arkansas, Inc.
• Entergy Gulf States Louisiana, L.L.C.
•
Entergy Louisiana, LLC
• Entergy Mississippi, Inc.
• Entergy New
Orleans, Inc.
• Entergy Texas, Inc.
b) Solely for reasons of convenience, the term “Entergy” is used to refer
individually and collectively to Entergy Corporation and its affiliates,
including but not limited to the public utility companies named above.
2. OTHER TERMS, CONDITIONS, AND POLICIES
In addition to this Agreement, there are other terms, conditions, and policies
applicable to the utilization of particular Web Services that are now provided
or will in the future be provided, such as paper-free billing; online account
access; one-time online bill payment; recurring bill payments; the
establishment, change or termination of utility services; and changes of
customer account profile information. In the event of a conflict between this
Agreement and any such other terms, conditions, and policies, this Agreement
shall govern. Access to such other terms, conditions, and policies is provided
in connection with accessing particular Web Services. A user accessing this
Web site or using such other Web Services shall be deemed to have agreed to
and be bound by such other terms, conditions, and policies (including the
Privacy Policy, available by clicking here) in addition to this Agreement.
3. PROPRIETARY RIGHTS; SUBMISSIONS; LAWFUL USE
a) This Web site and the Web Services are proprietary to Entergy. Except as
otherwise indicated, all information, text, images, logos, designs, graphics,
photos, sounds, presentation, layouts, icons, documentation, forms, and other
materials (herein referred to as “Content”) on this Web site or provided by
Entergy for use in connection with the Web Services accessed through this Web
site are the subject of copyrights, trademarks, service marks, and/or
intellectual property or proprietary rights held by or licensed to Entergy,
including but not limited to the “Entergy” name and its associated logo.
Content of this Web site may not be published, copied, distributed,
transmitted, modified, exploited, or used in the creation of derivative works,
in any form or by or to any entity (other than Entergy) for any purpose
without the prior written consent of Entergy; provided, however, that users of
this Web site may download Content in connection with the ordinary utilization
of the Web site and/or the Web Services for use by a single individual using a
standard web browser, so long as such Content is not modified, altered,
deleted, retransmitted, published, or otherwise changed and copyright,
trademark and/or service mark, and other proprietary notices are not removed.
b) Any information, suggestion, idea, graphic, remark, or other submission
made by a user to Entergy through this Web site or in connection with the
accessing of the Web Services, whether submitted by e-mail or otherwise, shall
become the exclusive property of Entergy and shall not be deemed to be
confidential except as provided by Entergy's Privacy Policy. Entergy shall be
entitled to use any such submission and any derivative works created
therefrom, and any related concepts, ideas, techniques, or know-how for any
lawful purpose without any obligation to any user submitting the same and
without any other restriction, permission, or compensation. Each user making
any such submission thereby acknowledges the originality of such submission
and accepts responsibility for its accuracy, completeness, appropriateness,
and legality.
c) This Web site and the Web Services are provided only for lawful use. Any
use of this Web site or the Web Services for any purpose contrary to
applicable law is strictly prohibited.
4. SECURITY AND PRIVACY
a) Information transmitted over the Internet and stored on computers connected
to the Internet can never be perfectly private or secure. Entergy shall
endeavor to maintain the security and privacy of the information it receives
in accordance with Entergy's Privacy Policy, which you can access by clicking
here.
b) Each user shall be responsible for the use, security, and safeguarding of
such user’s identification, password, Entergy account information, and other
confidential information. Entergy shall have no responsibility or liability
for damages resulting from the theft or unauthorized use of a user’s
identification, password, Entergy account information or other confidential
information, including but not limited to the user’s tax identification
number, address, telephone number, credit card number, or bank account number.
5. EQUIPMENT AND NETWORK SERVICES
Each user is responsible for supplying and maintaining all hardware, software,
access to networks, and communications and other equipment necessary for
connectivity to gain access to this Web site and the Web Services. Entergy
shall have no responsibility whatsoever with respect to the foregoing.
6. MONITORING
Entergy retains the right, exercisable in its sole discretion, at any time and
from time to time, to monitor any and all activities on this Web site or in
connection with the Web Services. Entergy further reserves the right, without
the consent of or liability to any user or third party, to record, screen,
edit, curtail, or remove any content on this Web site at any time and for any
reason, including because it believes such content to be harmful, harassing,
abusive, offensive, or in violation of this Agreement or any other terms,
conditions, and policies applicable to this Web site or the Web Services.
Entergy shall have no liability to any user or third party for the performance
or non-performance of monitoring or other actions taken pursuant to this
Agreement.
7. E-MAIL
In connection with activities conducted on this Web site and with respect to
Web Services Entergy will attempt to send you courtesy e-mail confirmations or
other e-mail with important information relating to your account. Delivery of
e-mail may be affected by circumstances beyond the control of Entergy,
including but not limited to incorrect e-mail addresses provided by users,
changed e-mail addresses as to which Entergy has not been notified, personal
and Internet spam filters, size filters, timing of the delivery of e-mails,
unavailability of e-mails, or other network problems. Entergy assumes no
responsibility for the timeliness, deletion, missed delivery, or failure of
e-mails due to the foregoing or the failure to store data, failure of
personalized settings by users or e-mail service providers, or any other
cause. Users have the responsibility to make every effort to allow delivery of
e-mail sent by Entergy. Entergy has no responsibility for damages or loss due
to e-mails that are not received by users for any reason. Each user is
responsible for reading and responding in a timely and appropriate manner to
e-mails sent by Entergy.
8. EXCLUSION OF WARRANTIES
a) THIS WEB SITE, THE WEB SERVICES, AND ANY RELATED DOCUMENTATION ARE PROVIDED
“AS IS”, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
b) The Content of this Web site may contain technical, typographical, or other
errors, inaccuracies, or omissions. Entergy reserves the right, in its sole
discretion, at any time, and for any reason, to make corrections, revisions,
and changes to this Web site or the Web Services, and/or to suspend or
terminate the availability of this Web site or the Web Services to any or all
users, without prior notice. Entergy makes no warranty and shall have no
responsibility to any user with respect to any such error, inaccuracy,
omission, correction, revision, change, suspension, or termination.
c) Entergy makes no warranty that this Web site or Web sites accessible
through this Web site are free of destructive computer code such as viruses,
worms, trojan horses, and the like. Users should take their own precautions
with respect to such code.
d) Entergy shall have no responsibility and makes no representation, warranty,
or endorsement with respect to any other Web site that a user may access from
this Web site or in connection with any Web Service. Access to any such other
Web site(s) is provided solely as a convenience to users. Any such other Web
site is independent of this Web site, and Entergy has no control over the
content of any such other Web site. Users accessing other Web sites linked to
this Web site do so entirely at their own risk, and are subject to such terms
and conditions as are imposed by such other linked Web sites.
9. WEB SITE UNAVAILABILITY; FAILURE OF ONLINE TRANSACTIONS
The unavailability of this Web site or any Web Services, or the failure of any
Web Service or online transaction for any reason, shall not relieve any
utility customer or user from, or excuse the delay in the payment or
performance of, any obligation owed to Entergy for or in connection with
utility services that have been rendered or otherwise.
10. LIMITATIONS OF LIABILITY
IN NO EVENT WILL ENTERGY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES FOR ANY USE OF THIS WEB
SITE, THE WEB SERVICES, OR ANY LINKED WEB SITE, INCLUDING WITHOUT LIMITATION
DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON
ENTERGY’S OR ANY USER’S COMPUTER HARDWARE OR INFORMATION HANDLING SYSTEMS, OR
OTHERWISE, REGARDLESS OF WHETHER ENTERGY HAS BEEN ADVISED OR IS AWARE OF THE
POSSIBILITY OF SUCH DAMAGES. ENTERGY IS NOT RESPONSIBLE FOR TECHNICAL,
HARDWARE, OR SOFTWARE FAILURES OR LOSSES OF ANY KIND, OR FOR FAILED,
INCOMPLETE, DISTORTED, OR DELAYED DATA TRANSMISSIONS, OR EQUIPMENT
INCOMPATIBILITIES, IN RELATION TO ANY USE OF THIS WEB SITE OR THE WEB
SERVICES. ENTERGY IS NOT RESPONSIBLE FOR DAMAGE RESULTING FROM DESTUCTIVE
COMPUTER CODE SUCH AS VIRUSES, WORMS, TROJAN HORSES, AND THE LIKE. UNDER NO
CIRCUMSTANCES WILL ENTERGY BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM
THE USE OF INFORMATION, INTERACTIVE FORMS, CONTENT, OR COMPUTER CODE ON THIS
WEB SITE OR ANY WEB SITE ACCESSIBLE THROUGH THIS WEB SITE, OR RELATED TO THE
WEB SERVICES.
11. WAIVERS
Entergy will not be deemed to have waived any of the terms of this Agreement
or any of its other terms, conditions, or policies with respect to this Web
site or the Web Services, or any of its rights with respect to the foregoing,
unless the waiver is in a written document expressly setting forth the nature
and extent of the waiver, executed by a representative of Entergy duly
authorized to execute and deliver the same. No delay or omission on the part
of Entergy in enforcing this Agreement or any such other terms, conditions, or
policies shall impair its current or future exercise of its rights and
remedies thereunder or be construed as a waiver of any provision of this
Agreement or any such other terms, conditions, or policies. No partial or
single exercise of any right or remedy available to Entergy under this
Agreement or any such other terms, conditions, or policies shall preclude the
full availability to Entergy of such right or remedy.
12. ASSIGNMENT
No user may assign to any other person or entity its rights or obligations
under this Agreement or under any other terms, conditions, or policies with
respect to this Web site or the Web Services without the express written
consent of Entergy. Entergy, in its sole discretion, may freely assign this
Agreement or its rights and obligations hereunder or under any other terms,
conditions, or policies with respect to this Web site or the Web Services, in
whole or in part, to any third party or parties without the consent of or
notice to any user.
13. APPLICABLE LAWS
This Web site and the Agreement are governed by the laws of the State of
Arkansas, excluding its conflicts of laws principles, and, where and to the
extent applicable, by federal law. Terms, conditions, and policies applicable
to the provision of particular Web Services by specific Entergy utility
subsidiaries are governed by the laws of the state in which the relevant
Entergy public utility affiliate provides utility services, regardless of
where a particular user is located or resides at the time the user obtains
utility services, accesses the Web site, or makes use of the Web Services.
Entergy does not represent that the materials on its Web site or in the Web
Services may be used outside of the United States. Access to the Web site and
use of the Web Services may not be legal by certain persons or in certain
countries. Users who access this Web site or use the Web Services from outside
the United States do so at their own risk, and are responsible for compliance
with the laws of the jurisdiction from which the Web site is accessed or the
Web Services are used.
14. CAPTIONS
Captions and titles in this Agreement and in any other terms, conditions, or
policies with respect to this Web site or the Web Services are for convenience
only and are not to be construed to affect the meaning or affect this
Agreement or any such other terms, conditions, or policies.
15. SEVERABILITY
If any provision of this Agreement or of any other terms, conditions, or
policies with respect to this Web site or the Web Services is determined to be
void or invalid as a matter of law, the remaining provisions of this Agreement
and of any such other terms, conditions, and policies shall not be affected
thereby and shall remain in full force and effect.
Last updated: March 5, 2010
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