This website is owned and operated by Capital Power Inc. By using this website, you (as the user, and/or customer collectively, referred to as the “user”) agree to the following terms and conditions, and further acknowledge that any information you provide is truthful and disclosure of the information does not violate the legal rights of others. If you do not agree to the terms of use, do not use this website.

General

The Website Disclaimer and Terms of Use (the “Terms”) are to be read by you together with any terms, conditions or disclaimers provided in the pages of the website. In the event of any conflict, the terms provided in the pages of the website will govern. The information, material and content provided in the pages of Capital Power’s website (the “Information”) may be changed at any time without notice. Changes may be made to the Terms at any time without notice by updating this posting. You agree to review the Terms regularly and your continued access or use of the website will mean that you agree to any changes.

Privacy

Capital Power is committed to your privacy. Capital Power collects, uses, and discloses personal information to establish your account and to provide ongoing services and support. Where we use forms on this website to collect sensitive personal information, we will use SSL (Secured Socket Layer) to assist in protecting your data’s privacy as it is transferred between your computer and ours. For further information, please visit Capital Power’s Privacy Policy.

Disclaimer of Warranty

THE INFORMATION, SERVICES, AND DATA MADE AVAILABLE AT THIS WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS FOR INFORMATIONAL PURPOSES ONLY AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

Capital Power WILL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, EXPENSES OR CLAIMS OF EVERY NATURE OR TYPE WHATSOEVER, RESULTING FROM:

the use of or reliance on the information contained in this website;

• any inaccuracy or omission in the information contained in this website or the failure to keep such information current;
• any inaccurate or incomplete information caused by Internet software or transmission problems;
• the use of the Internet generally, including Internet software, computer viruses; and/or
• damage to your computer hardware, data, information, materials, or business resulting from the information or lack of information on this website.

Internet Security and Email

We recommend the use of appropriate security, antivirus, and other protective software. Any unprotected email communication over the Internet is NOT confidential and could be lost, intercepted, or altered. To protect yourself, do not send sensitive information (such as passwords, credit card numbers, etc) to Capital Power or anyone else via email. Capital Power is not responsible for and will not be liable to you or any one else for any damages in connection with an email sent by you to Capital Power or an email sent by Capital Power to you at your request or in response to an email from you.

Trademark and Copyright Notices

This website and the contents hereof are protected by copyright, trademark or other proprietary rights of Capital Power or third parties and is protected under the copyright laws of Canada and other countries. Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks and/or the contents of this website may be a violation of any federal or other law that may apply to trade-marks and/or copyrights and could subject the copier to legal action. Unless otherwise specified, no one has permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the information on this website.

Subject to the preceding paragraph, Capital Power hereby grants to you a limited license to print and copy information contained in this website for your own personal, non-commercial use. Such license is revocable at Capital Power’s sole option. If any such use of this information is made, you shall ensure that all copyright, trademark and other proprietary notices are retained and you must explicitly acknowledge Capital Power as the sole owner of such information.

Access to Password Protected and Secure Areas

Access to and use of password protected and / or secure areas of this website are restricted to authorized visitors only. Unauthorized visitors attempting to access these areas of the website may be subject to legal action.

Acceptable Use of Secured Capital Power Sites

• The user further acknowledges that any misuse that disrupts the normal use of the system, portals, or secured websites accessible through Capital Power websites is strictly prohibited. Such abuse may lead to termination of accounts that access online services. Examples of system abuse include, but are not limited to:
• using the system in a manner not intended by the Terms;
• impersonating another user or otherwise falsifying one’s user name;
• any attempts to penetrate Capital Power or third party provider security;
• any attempts to access another party’s account or files;
• transmitting any material in violation of applicable federal, provincial or state law, including, but not limited to, copyrighted material, unauthorized transmission of material protected by a trade secret, spam, etc.

In addition to the foregoing, the user of online services available through the Capital Power secured sites, including the B2B Customer Web portal also agrees to the following:

the user indemnifies service suppliers, third party providers, and / or licensors for its misuse of services.

Third party beneficiaries include, but are not limited to, Itron.

If Capital Power becomes aware of or suspects any unlawful use or violation of the Terms, Capital Power shall use commercially reasonable efforts to notify the customer and provide reasonable detail of such violation, while reserving the right to immediately suspend or terminate the customer’s online services provided through Capital Power when reasonably necessary to protect Capital Power’s, its service suppliers’, and its customers’ interests. Capital Power will immediately report to service suppliers, third party providers, and / or licensors any suspected breach of these Terms, and promptly initiate all reasonable steps to compel the customer to cure such breach. Capital Power will fully cooperate with service suppliers, third party providers, and / or licensors in any investigations and other actions taken for suspected or known violations of the Terms.

Third Party Website Links

Capital Power’s website may provide listing of and/or links to third party websites as a convenient information service only. Capital Power accepts no responsibility or liability for the privacy practices, content, opinions, accuracy, and administration of such other websites, nor do we monitor or endorse these websites. We encourage our customers and visitors to this website to be aware of the privacy policies of every website that collects personal information.

Jurisdiction

Capital Power is based in Alberta, Canada. Any dispute arising out of the use of this website shall be governed by the Laws of the Province of Alberta, Canada and shall be brought exclusively in the courts of Alberta. Capital Power makes no representation that this website or the contents hereof is appropriate or legal in all jurisdictions. If you are accessing this website from outside of Canada, you do so at your own risk and you are responsible for ensuring that all applicable laws are complied with.

Subsidiaries

All references to Capital Power shall be deemed to include its subsidiaries.