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Site Terms of Use

Site Terms of Use

Table of Contents:

  1. Using This Website
  2. Updates to These Terms of Use
  3. Privacy Policy Statement
  4. Using the Content on This Website
  5. All Rights Reserved
  6. Prohibited Uses of This Website
  7. Electronic Notices and Communications
  8. Unsolicited Ideas and Feedback
  9. Materials Posted on This Website
  10. No Personal Advice
  11. Third Parties
  12. Accounts, Passwords and Security
  13. No Warranties; Disclaimers
  14. Force Majeure
  15. Claims Must be Filed Within One Year
  16. Indemnity
  17. No Agency Relationship
  18. Remedies
  19. Applicable Law
  20. Contract Interpretation, Waiver
  21. Cybersecurity Risk Information Sharing

1. Using This Website
Please read these terms of use carefully. They apply to your use of our websites, including, but not limited to, any content, materials, features, and services offered on them. They do not apply to those of our websites that do not display or link to these terms of use or that have their own terms of use. By using this website, you acknowledge that you have read these terms of use and agree to follow them.  In addition to these site terms of use, if you purchase services from us, we will send you a separate agreement (“Services Agreement”).  In addition to these site terms of use, the terms of the separate Services Agreement will apply to the services which are the subject of that Services Agreement. 

Other terms may apply to your use of a specific portion of this website. If there is a conflict between these terms of use and terms posted for a specific portion of this website, the latter terms apply to your use of that portion of this website.

If you have any questions about these terms of use, please email us.

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2.         Updates to These Terms of Use
We may update these terms of use at any time. You are responsible for periodically reading them. If you use this website after we have updated these terms of use, you acknowledge that you have read the updated terms of use and agree to follow them.

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3.         Privacy Policy Statement
We are committed to protecting your privacy. Please read our privacy policy statement carefully to understand how we collect information about you and how we may use or disclose such information. By using this website, you acknowledge that you have read our privacy policy statement and consent to our privacy practices.

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4.         Using the Content on This Website
The content on this website is owned, controlled, or licensed by or to us. It is protected by copyright, trademark, and other intellectual property laws and rights throughout the world. You may not copy, distribute, publish, adapt, modify or create derivative works from, publicly display or perform, or in any way exploit any content on this website, unless you first request and obtain permission from the owner of such content. If we choose to grant you additional rights to our content, you agree not to change or delete any proprietary notice on the content.

We hereby grant to you a non-exclusive and non-transferable license to view and print documents and web pages located on the website for non-commercial or educational use within your organization only, subject to the following conditions:

  1. The material may only be used for non-commercial purposes;
  2. The copies must retain any copyright or other intellectual property or proprietary notices contained in the original material; and
  3. Images, tables and drawings on this site are protected by copyright and may not be reproduced or appropriated in any manner without written permission of their respective owner(s).

You acknowledge, we make reasonable efforts to ensure that the information provided through this website is current and accurate, we make no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information. All information is provided "as is" without any representation, warranty or condition as to its accuracy or reliability.

We do not claim that the website or materials on this website are appropriate or may be used outside of the United States.  Access to the website and materials on it may not be legal by certain persons or in certain countries. If you access the website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

You may not use any mark, logo or trade name owned or used by Southern Company or its subsidiaries or affiliates in any medium whatsoever, unless you first request and obtain permission from us.

To request additional rights to content on this website, please email us with all specifics necessary for us to consider and respond to your request.

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5.         All Rights Reserved
We retain all right, title, and interest in this website and any content, features, products, or services offered on this website, including, but not limited to, any and all intellectual property rights. We reserve all rights not expressly granted.

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6.         Prohibited Uses of This Website

You will not:

  1. violate these terms of use, infringe upon our rights or the rights of others, or violate any laws;
  2. conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;
  3. post, email, or otherwise make available through the website, any content that:
    1. is illegal or violates any laws, including, but not limited to, laws related to adult activities and content, child pornography, criminal activities, gambling, and drugs;
    2. is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason; or
    3. incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence;
  4. pretend that you are someone else or disguise the origin of any message, communication, or transmittal you send to us through this website;
  5. use any robot, spider, scraper, or other automated or manual means to access this website, or copy any content or information on this website;
  6. attempt to gain unauthorized access to any portion of this website or any related networks or systems by hacking, password "mining", or any other illegitimate means;
  7. probe, scan, test the vulnerability of or breach the authentication measures of, this website or any related networks or systems;
  8. modify or reroute or attempt to reroute this website;
  9. link to this website from any unsolicited bulk messages or unsolicited commercial messages ("spam");
  10. utilize framing, squeeze back, overlay or other techniques to enclose or display this website or any content on this website, with any other software or content of a third party; or
  11. take any action that places a disproportionately large load on this website or any related networks or systems.

We are not responsible for material appearing in any forum on this website, except for material signed by one of our identified representatives.  We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason.  We retain, however, the right to reject, modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable or that violate our policies, these site terms of use or any other agreements between the you and us and/or its related entities.

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7.         Electronic Notices and Communications
By visiting this website or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that:

  1. we, including our affiliates, may communicate with you electronically by email, or as appropriate, by posting general notices on this website;
  2. all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and
  3. any notices are deemed to be given and received on the date we transmit any electronic communication as described above.

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8.         Unsolicited Ideas and Feedback
Neither we nor our employees accept or consider unsolicited ideas, including, but not limited to, those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names. The purpose of this policy is to avoid any potential misunderstandings or disputes if our offerings or strategies seem similar to ideas that you submitted to us.

If you choose to send us your ideas anyway, through this website or otherwise, you agree that:

  1. your ideas automatically become our property, without any compensation to you;
  2. we can commercialize these ideas and use them for any purpose and in any way; and
  3. we can give these ideas to others.

You also represent and warrant that such ideas not attributed to someone else are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described above.

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9.         Materials Posted on This Website
We do not endorse, control, or claim ownership over any materials that you or others post or provide us through this website. By posting or otherwise providing any such materials, you agree to grant us an irrevocable, perpetual, royalty-free license to:

  1. use, modify, copy, distribute, and publicly perform and display any such materials and content on this website;
  2. publish your name with such materials on this website; and
  3. give these rights to others.

You also represent and warrant that you have all the rights necessary for you to grant these rights and that the use and publication of the content does not violate or infringe the rights of any third party or breach any law.

We may remove any materials and content that you or others post or otherwise provide to this website at any time without notice. If you believe that any materials or content on this website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately via email with all specifics necessary for us to consider and respond to your complaint.

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10.       No Personal Advice
The information provided on or through this website cannot replace or substitute for professional advice, including, but not limited to, advice for engineering, structural engineering, construction, architecture, financial and legal matters. You should seek professional advice as appropriate and not rely on content and information provided on or through this website.

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11.       Third Parties
This website may contain:

  1. references to names, marks, data, content, products, or services of third parties;
  2. links to third party websites; and
  3. descriptions of services and products provided by third parties.

These references, links, and descriptions are provided solely for your convenience. By including these references, we do not endorse these parties, their content or any products and services they offer. These parties are not under our control and we are not responsible for them, or the operation and availability of their websites. You are responsible for knowing when you are leaving our website to visit a third party website and for reading and understanding the terms of use and privacy policy statements for each such third party website.

If you choose to deal with third parties, you agree that you have a direct relationship with them and are solely responsible for any such dealings. If you have concerns with any third party website, please address them with the administrator of that website.

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12.       Accounts, Passwords and Security
This website may offer features or services that require you to establish a personal account and password. Certain other features and services may require you to enter your email address. You agree:

  1. that you will only establish your personal account with your true, accurate, and current information;
  2. to keep your personal account information up-to-date and to notify us of any changes;
  3. not to use anyone else's personal account, username, password or email address to access such features and services; 
  4. you are entirely responsible for maintaining the confidentiality of the information you hold for your account, including, but not limited to, your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to safeguard your personal account, password, and email address, and to take responsibility for all activity on your personal account;
  5. to notify us immediately of any unauthorized use of your personal account, password, or email address, or any other breach of security of this website; and
  6. you may be held liable for losses incurred by us or any other user of or visitor to this website due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

We take reasonable measures, such as commercially-available encryption, to safeguard any personal and account information you communicate with us electronically.  However, we do not guarantee that such information will not be intercepted by a third party during transmission over any public networks or otherwise, even if it is encrypted.  You acknowledge and agree that Internet transmissions are never completely private or secure and that you bear the risk of communicating with us electronically and we are not responsible for any resulting loss or damage.

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13.       No Warranties; Disclaimers
We make no guarantee about the accuracy or reliability of the content, materials, features, and services on this website.

WE DO NOT WARRANT THAT THIS WEBSITE OR ANY CONTENT, MATERIALS, FEATURES, OR SERVICE OF THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE YOU WITH SPECIFIC RESULTS.  WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES MADE AVAILABLE FOR DOWNLOADING THROUGH THIS WEBSITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.  BY ACCESSING THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO IMPLEMENT SUFFICIENT SAFEGUARDS AND PROCEDURES TO ENSURE THAT ANY FILES OBTAINED THROUGH THIS WEBSITE ARE FREE FROM SUCH CONTAMINATION.

THE CONTENT, MATERIALS, FEATURES, AND SERVICES ON THIS WEBSITE ARE PROVIDED "AS-IS", "WITH ALL FAULTS", AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AND SATISFACTORY QUALITY. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY USE OR MISUSE OF THE CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE AND FOR COMPLIANCE WITH ALL LAWS APPLICABLE TO SUCH USE.  SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU.

NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WILL BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH IT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOSS OF PROFITS, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ALL CIRCUMSTANCES, OUR AGGREGATE AND COMPLETE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO A MAXIMUM OF $10.00 (USD).

YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW THAT PRECLUDE OR LIMIT THE EXCLUSION AND DISCLAIMERS ABOVE.

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14.       Force Majeure
We are not to be deemed in breach of these terms of use or the privacy policy statement due to any event or circumstance beyond our reasonable control, including without limitation, war, invasion, failures of any public networks, electrical shortages, terrorist attacks, and earthquakes and other acts of God. We are not responsible for any loss, delay, or damage due to such events or circumstances.

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15.       Claims Must be Filed Within One Year
To the extent permitted by law, any claims related to this website or these terms of use must be brought within one year. The one year period begins when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors.

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16.       Indemnity
You agree to defend, indemnify, and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including attorney's fees) arising from your use of this website, violation of these terms of use, or violation of any third party rights.

You agree to waive any and all laws that may limit the efficacy of any releases contained in these terms of use.

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17.       No Agency Relationship
Neither these terms of use, nor any content, materials, features, or services of this website create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.

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18. Remedies
Without limiting any other rights and remedies available to us, we reserve the right, in our sole discretion and without prior notice, to end your access to this website and/or block your future access to this website for any reason.

You agree that any violation, or threatened violation, by you of these terms of use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate.

These remedies are in addition to any other remedies we may have at law or in equity.

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19.       Applicable Law, Dispute Resolution
19.1     Subject to the remainder of this Section 19, you agree that all matters relating to your access to or use of this website, including all disputes, will be governed by the laws of the United States and by the laws of the State of Illinois, without regard to its conflicts of laws rules. You agree to the personal jurisdiction by and venue in the state and federal courts of the State of Illinois. You also waive any objections to such jurisdiction or venue.

19.2 In the event a dispute arises between you and us, we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling or emailing our customer care department, which may be accessed by clicking on the "Contact Us" link in the top menu. If, however, there is an issue that needs to be resolved, the following terms describe how both of us will proceed:

19.3 INSTEAD OF SUING IN COURT, YOU AND WE EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and we agree that any dispute, controversy or claim arising out of your use of this website or its content ("Claims") which cannot be settled by mutual agreement of the parties shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.

19.4  You and we each agree that each of us is waiving the right to a trial by jury and may bring claims against the other only in an individual capacity and not in a class action or representative proceeding. All arbitrations shall be conducted on an individual (and not a class-wide) basis; and an arbitrator shall have no authority to award class-wide relief. You acknowledge and agree that these terms specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person (“class action waiver”).

19.5 A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to us shall be sent to the following address:

Legal Department
Pivotal Home Solutions
1751 W. Diehl Road, Suite 200
Naperville, IL 60563

All notices to you will be sent to the email or physical address you have provided. Upon receipt of such notice, the other party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such sixty-day cure period, you or we may commence an arbitration proceeding. The arbitration of any claim or dispute under this Agreement shall be referred to the American Arbitration Association’s (“AAA”) under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its website at www.adr.org. The arbitration of any Claim shall be conducted in the State of Illinois, and for any non-frivolous claim that does not exceed $10,000, Company will: (1) pay all costs of the arbitration; (2) if you prefer will conduct the arbitration by telephone, and (3) will not seek attorney’s fees in the event Company prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.

19.6     This Agreement concerns a transaction in interstate commerce, and therefore shall be governed by the United States Federal Arbitration Act, 9 U.S.C. § 1 et seq. The FAA’s provisions, not state law, govern all questions of whether a dispute is subject to arbitration.

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20. Interpretation, Waiver
All parts of these terms of use apply to the maximum extent permitted by law. We both agree that if we cannot enforce a part of these terms of use as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these terms of usewill not affect the validity and enforceability of the remaining provisions.  Our failure to insist upon or enforce strict performance of any provision of these site terms of use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these site terms of use. We may assign our rights and duties under these site terms of use to any party at any time without notice to you. If any of these terms shall be deemed invalid, void or, for any reason, unenforceable, that term shall be deemed severable and shall not affect the validity or enforceability of any remaining term. Any rights not expressly granted herein are reserved.

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21. Cybersecurity Risk Information Sharing
We may monitor and search any communications or data transiting or stored on this information system. At our sole discretion, we may share pertinent information with the U.S. Government and its authorized representatives to protect the security of critical infrastructure, to ensure information security, or to comply with any applicable law, regulation, or legal process.

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©2017 Pivotal Home Solutions, a retail operations segment of Southern Company Gas. All rights reserved.

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Pivotal Home Solutions  |  1751 W. Diehl Road, Ste 200  |  Naperville, Illinois  60563  |  888-801-5057