General
The Connexus Energy website services are information services (henceforward: Connexus Energy information services) that are provided by Connexus Energy the use of which is subject to the following Terms of Use.
By accessing the Connexus Energy information services and using their content, you acknowledge and agree that you have read and understood the following terms of use and agree to be bound by them. Do not use the Connexus Energy Website if you do not agree with these terms of use.
As used below, the terms "we", "us" and "our" refer to Connexus Energy.
The Connexus Energy information services are available for information purposes only. The posting of content and access to the Connexus Energy information services do not represent, either explicitly or implicitly, any provision of services or products by us.
Notifications
By accepting these Terms and Conditions, you agree to receive all notifications relating to the Service in electronic form delivered within the Web site through which the Service is delivered or by email to the e-mail address listed for your account, or to your mobile phone or device as an SMS message. It is your sole responsibility to ensure that the e-mail address and mobile phone number listed for your account are accurate and current.
We endeavour to ensure that all content provided by the Connexus Energy information services is up-to-date. However, we do not warrant that said information is up-to-date, accurate or complete.
Disputes
In the event of a dispute regarding the Service, you and we agree to resolve the dispute by looking to this Agreement. If you dispute a Bill Payment made from a Payment Account that is a credit card account, you acknowledge that such dispute (including, but not limited to, chargeback or fraud) must be taken up with your credit card company; the Service is not responsible for any research or resolution of such credit card payment disputes. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, and it supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or customer service department says and the terms of this Agreement, the terms of this Agreement will prevail.
Assignment
You may not assign this Agreement to any other party. We may assign this Agreement to any affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
All content of the Connexus Energy information services, including, but not limited to, graphics, text and hyperlinks or references to other sites, is subject to alteration without prior notice and is provided "as is" and without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or other harmful components.
We do not warrant the adequacy, accuracy, reliability or completeness of any information of the Connexus Energy information services and expressly disclaim any liability for errors or omissions therein.
We do not warrant that the functions of the Connexus Energy information services will be uninterrupted and/or error-free, that defects will be corrected or that the Connexus Energy information services or the servers that make them available are free from computer viruses or other harmful components.
We expressly disclaim any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your accessing or using or inability to access or use the Connexus Energy information services or your reliance on its content, or any failure of performance, interruption, defect, delay in transmission, computer viruses or other harmful components, or line or system failure associated with the Connexus Energy information services, regardless of our knowledge thereof. The same is true of any content appearing on any of the Connexus Energy Group companies' websites.
No Waiver
We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
We reserve the right to change, modify, add to, or remove portions of these terms of use at any time.
In the event that any provision of these terms is held unenforceable, the validity or enforceability of the remaining provisions will not be affected, and the unenforceable provision will be replaced with an enforceable provision that comes close to the intention underlying the unenforceable provision.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflicts of laws provisions.