
Your energy. Simplified.
AES Indiana Plus™
Terms of ServiceAES Indiana Plus™ is a green energy and payment program and solution provided by Uplight, Inc. (also referred to herein as “Uplight,” the "Company," "we," "our," or "us") that includes the AES Indiana Plus mobile app (the “App”), associated website(s), content, information, graphics, software and service(s) (collectively, "AES Indiana Plus”) and can be tailored to you, the person accessing AES Indiana Plus, as a customer of Indianapolis Power & Light Company d/b/a AES Indiana ("AES Indiana") (also referred to herein as "you," "your," “User” or “Customer”). As further described in and consistent with these Terms of Service, AES Indiana Plus offers easy and convenient access to product offerings of AES Indiana, including Bill Pay, Budget Billing and Green Power.
The Company and you are each a “Party” to these Terms of Service and are together the “Parties” hereto.
For the avoidance of doubt, the Company is offering the App on behalf of AES Indiana. AES Indiana Plus itself is not regulated by state utility commissions. You do not have to subscribe to AES Indiana Plus in order to receive regulated services from AES Indiana.By Using AES Indiana Plus, You Agree to These Terms
Your access to, and use of, AES Indiana Plus is subject to these Terms of Service and all applicable laws and regulations. By accessing and using AES Indiana Plus, you accept, without limitation or qualification, these Terms of Service. If you do not agree to and accept, without limitation or qualification, you are not authorized to use AES Indiana Plus.
You must be the age of majority (which is typically eighteen (18) years old) in your place of residence in order to use AES Indiana Plus. If you are under the age of majority, you are not authorized to access or use AES Indiana Plus.
Updates to These Terms of Service
The Company may, at any time and without notice, modify these Terms of Service by revising them and giving notice thereof, including on or through the App. Your continued use of AES Indiana Plus constitutes your acceptance of any such revisions to these Terms of Service. You may not modify these Terms of Service except through a writing signed by the Company.Privacy
The Company believes strongly in protecting the privacy of AES Indiana Plus Users. Our data collection and use practices are set forth in our Privacy Policy. We may collect certain information from you when you access and use AES Indiana Plus. Our Privacy Policy describes when we collect personal information and other types of information, how we use it and when we share it for business purposes.Information on AES Indiana Plus
Except with respect to certain services as described herein, AES Indiana Plus and all features, content, specifications, products and prices of products and services described or depicted on or through AES Indiana Plus are subject to change, suspension or withdrawal, in whole or in part, at any time without notice.
We use reasonable efforts to make accurate, complete and current information available through AES Indiana Plus; however, we do not warrant, and we expressly disclaim any warranty, that such information is accurate, complete, current or free of technical or typographical errors. It is your responsibility to verify any information before relying on it. We reserve the right to make changes and updates to any information made available through AES Indiana Plus without prior notice.
Further, the inclusion of any products or services on AES Indiana Plus at any particular time does not imply or warrant that these products or services will always be available, and we expressly disclaim any such warranty.Third-Party Links
AES Indiana Plus may include links to websites or electronic services sponsored or operated by third parties. The Company has no control over such linked sites or Content (as defined below in “Copyright”) therein. Such sites or services may have their own terms of use, privacy and data collection policies and/or practices, independent of those herein. If you visit a linked site or use/access a linked service, any such separate terms, policies and practices will apply. The Company expressly disclaims any representation, warranty or responsibility regarding such linked sites or services, their Content, or any products or services offered through them.Copyright
The content within AES Indiana Plus, including information, graphics, text, images, icons, logos, audio and video clips, downloads, data summaries and compilations, software, code, other forms of expression and all rights therein (collectively, “Content”) constitutes property of the Company and/or its licensors and Content suppliers and is subject to United States and international copyright laws. All copyrights in AES Indiana Plus and the compilation of Content within AES Indiana Plus constitute the sole property of the Company and are protected under U.S. and international laws. All software embodied in or used in delivering AES Indiana Plus is the property of the Company, its licensors and/or its software suppliers and is protected by United States and international copyright and other intellectual property laws. By using AES Indiana Plus, you agree not to change or delete any proprietary notices in or from materials printed or downloaded from AES Indiana Plus or these Terms of Service.Trademarks
The Company owns or licenses the use of certain trademarks, names, logos, insignia, or service marks, including AES Indiana Plus™ (collectively, “Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by the Company. Further, you may not use any Marks in any manner that is likely to cause confusion or mistake or to deceive.In addition, AES Indiana Plus or its Content may include third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms of Service grants to you any rights in or to those third-party marks or copyrighted materials without such third party’s consent.Digital Millennium Copyright Act and Notice of Infringement
The Company recognizes and respects the intellectual property rights of others. The Company expects Users of AES Indiana Plus to do the same and may suspend or terminate the privileges of AES Indiana Plus Users who violate such intellectual property rights. In particular, Users may not submit, post, distribute or store, in any manner, Content on or over AES Indiana Plus that infringes the intellectual property rights, specifically including copyright, of the Company or third parties.
In keeping with the Digital Millennium Copyright Act of 1998 (the "DMCA"), parties who believe that their U.S. copyrights have been infringed on or through AES Indiana Plus are invited to report such alleged infringements. Thus, if you have a good faith belief that your copyright-protected work has been copied, modified or distributed on or through AES Indiana Plus in a way that infringes your rights, please send us, through the contact information provided in these Terms of Service, the following information (or other such statement conforming with the DMCA).
Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of the allegedly infringing Content on AES Indiana Plus and information reasonably sufficient to permit us to locate such Content;
A statement of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
The signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright that is allegedly being infringed; and
A statement that the foregoing information is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner.User-Submitted Content, Communications
The Company may allow you or other Users to submit Content in the form of suggestions, feedback and other communications to or through AES Indiana Plus. The Company does not review all and is not responsible for any User-submitted Content. By submitting to or through AES Indiana Plus, you represent that you have the right to do so and grant the Company unlimited right and license to reproduce, modify, create derivatives of and distribute same.
You further acknowledge that by affording you and other Users the ability to submit, view and distribute User-submitted Content on or through AES Indiana Plus, the Company is providing a platform but is not undertaking any obligation or liability related thereto. The Company reserves the right, but has no obligation, to block, modify or remove Content that the Company, in its sole discretion, deems unacceptable. If the Company is notified of any allegedly infringing, defamatory, damaging, illegal, or offensive Content posted, stored, sent or distributed by you on or through AES Indiana Plus, the Company may investigate and, in its sole discretion remove or require the removal of such Content and hold you responsible for same.
You acknowledge that the Company may disclose any Content of any kind posted, stored, sent or distributed on or through AES Indiana Plus and the identity of the party posting, storing, sending or distributing such Content: (a) to satisfy any legal, regulatory, law enforcement or government request; (b) if the Company deems such disclosure necessary or appropriate in order to operate or maintain AES Indiana Plus; or (c) to protect the rights or property of the Company, its parent, subsidiary and affiliate companies, third-party service providers, other AES Indiana Plus Users or third parties.
The Company, in its sole discretion, reserves the right, but has no duty, to prohibit any Content posted, stored, sent or distributed on or through AES Indiana Plus. However, the Company cannot ensure prompt removal of objectionable material after online posting. Accordingly, neither the Company nor its subsidiary or affiliate companies, third party service providers, or professional advisors or their officers, directors, employees, or agents shall assume or bear liability for any action or inaction with respect to User-submitted Content posted, stored, sent or distributed by others on or through AES Indiana Plus.Acceptable Use
You agree to use AES Indiana Plus only for lawful purposes and as intended. You acknowledge that you are prohibited from engaging in any of the following types of conduct when using AES Indiana Plus:
Posting, storing, sending or distributing any Content or material of any kind which is unlawful, infringing, injurious, threatening, fraudulent, libelous, abusive, harassing, defamatory, vulgar, obscene, pornographic, indecent, offensive, knowingly harmful to another person, sexually explicit, profane, hateful, racially, ethnically, or otherwise malicious, or illegal;
Invading the privacy of another or using without authorization the confidential or proprietary information of another;
Using, reproducing or distributing Content or materials protected by intellectual property rights (including copyright) without the express prior written consent of the owner of such intellectual property rights;
Violating any applicable international, federal, state, or local laws, rules, or regulations;
Reproducing, distributing, transmitting, publishing, displaying, selling, posting, licensing, renting, modifying, translating, adapting, reverse-engineering, or creating derivative works of AES Indiana Plus or its Content without the prior written permission of the Company or the applicable owner;
In the Company’s judgment, adversely affecting the performance or function of AES Indiana Plus or its Content or restricting or inhibiting another User’s use of or access to AES Indiana Plus or its Content;
Using any robot, spider, bot, web crawler, or other computer program or automated method or mechanism to access, use or gather information, including other Users’ information, or to copy any portion of AES Indiana Plus or its Content;
Introducing, enabling or facilitating any virus, Trojan horse, worm, time bomb, cancelbot, malware, ransomware, adware or other computer program, software or routine which is malicious or may damage, interfere with, surreptitiously intercept, or expropriate AES Indiana Plus or its Content;
’Framing’ or using framing techniques to enclose or present any portion of AES Indiana Plus or its Content;
Posting or disseminating false or misleading information on or through AES Indiana Plus, committing fraud or falsifying information in connection with your use of AES Indiana Plus, or acting maliciously against the interests or reputation of the Company or its Customers;
Reproducing or using AES Indiana Plus or its Content to create a competing app, website or service;
Harvesting, collecting or copying email addresses, names, or other personal or identifying information of AES Indiana Plus Users or spamming AES Indiana Plus Users;
Engaging in any conduct while using AES Indiana Plus that the Company determines to be inappropriate, unauthorized, or contrary to the intended purpose of AES Indiana Plus;
Posting any Content or material that would constitute a criminal offense or give rise to civil liability; or
Using AES Indiana Plus or its Content other than for its intended purposes in accordance with these Terms of Service.
Your Account
Primary features of AES Indiana Plus are restricted to authorized Users through User accounts. You may create an AES Indiana Plus User account (an “Account”) by submitting your AES Indiana username and password in connection with other personal information, such as your name, phone number, email address, street address and zip code associated with same (collectively, “Credentials”). If you do not have a AES Indiana username and password, you will be required to create an online account with AES Indiana in order to access AES Indiana Plus. You may be required to provide certain Credentials when using secured features of AES Indiana Plus. You must provide truthful and accurate information when you create an Account and you must keep your Account information current. We will treat your Account information as set forth in our Privacy Policy. It is your sole responsibility to ensure the Credentials associated with your Account remain current and accurate. Changes to your Credentials (other than your AES Indiana username and password) can be made directly through the App or by contacting AES Indiana Plus customer service through the App or the contact information provided in the App.
You are responsible for the activities that occur under your Account and for maintaining the confidentiality of your username, password and other Credentials. You are prohibited from sharing your Account with anyone else; provided that a feature on the App may enable you to link your Account to the Account(s) of one or more other AES Indiana Plus Users for the purpose of splitting/sharing your monthly bill. You agree to notify the Company immediately of any unauthorized use of your Account or any other breach, or suspected breach, of your Account by contacting us through the App or the contact information provided in the App.
You also agree to promptly notify the Company if your password is stolen, lost, disclosed to an unauthorized third party or otherwise may have been compromised or if you learn of or suspect any other breach of security regarding AES Indiana Plus. Persons who access, or attempt to access, the restricted features of AES Indiana Plus without authorization may be subject to prosecution. The Company reserves the right, in its sole discretion, to terminate your access to AES Indiana Plus and/or restricted features thereof at any time without notice in order to protect the integrity and security of AES Indiana Plus and/or other Users.
You will be able to make payments through your Account using the payment method you specify (credit card or digital wallet). You are responsible for all activities, purchases and payments associated with your Account. If you permit other persons to access your Account, you are responsible for any transactions that they initiate or authorize. Please contact your financial institution to report any unauthorized financial transactions associated with your Account.
When you create your Account, you may have the option to request and we may have the option to send SMS messages or telephone reminders with regard to your billing and similar other account-related messages such as (i) notice of a new bill, reminder of a scheduled payment, confirmation of receipt of payment, and a reminder of an upcoming due date or other similar Account related messages; and (ii) high usage alert, notice of an outage and estimated time for restoration, when available, restoration updates (including that an estimated time for restoration is no longer valid), anticipated times that power will be restored, and notice of power restoration. The foregoing notifications, if sent, are for your information and assistance. However, we cannot guarantee the accuracy of these notices and you are required to confirm your billing dates and fulfill your payment obligations.Your AES Indiana Plus Options
Once you have created an Account, in order to access AES Indiana products through AES Indiana Plus, you will be required to provide us with your AES Indiana username and password. AES Indiana Plus will access your AES Indiana account on a regular basis in order to offer the features below.By signing up for any of the below listed features offered through AES Indiana Plus, you are entering into a legally binding contract which, except as otherwise expressly provided, incorporates the current AES Indiana Plus Terms of Service and any terms and conditions of AES Indiana specific to such feature. Read all provisions carefully to understand your rights and responsibilities.Bill Pay: Provided you are current on your AES Indiana bill, you may pay your monthly AES Indiana bill through your Account in the App using the payment method you specify. You must specify a valid payment method in order to access Bill Pay. If you choose to pay your monthly bill using a credit card or digital wallet, you will incur the same fees as you would if you paid online through AES Indiana. If you sign up to pay your monthly AES Indiana bill through the App, you authorize and direct us to, and for so long as we receive timely payment from you we will be responsible to, pay your monthly bills to AES Indiana, starting with your first monthly bill from AES Indiana following the date you sign up for Bill Pay through the App. You authorize the Company to contact AES Indiana to establish or modify your preferred billing date from AES Indiana. If you enroll in Budget Billing or the Green Power Option through the App, you will automatically be enrolled in Bill Pay through the App.Bill Splitting: At your request and at its discretion, the Company may split your monthly AES Indiana bill between you and other AES Indiana Plus Users with Accounts linked to your Account for such purpose. Note that such bill splitting may be undertaken by the Company solely as a courtesy to you and in no way relieves you of the responsibility for all amounts due under your account with AES Indiana. Any payment by you as part of a bill-split will be deemed to be a partial payment of your AES Indiana bill.Budget Billing and Green Power Option Bundle: Subject to any additional terms and conditions imposed by AES Indiana, you may enroll in both Budget Billing and the Green Power Option for 100% of your home energy usage through your Account in the App, described in more detail below. described in more detail below.Budget Billing: By enrolling in Budget Billing, your monthly charge will start at an amount equal to the average amount for your last 12 AES Indiana bills. You’ll be billed the same amount for the first three months, even if your energy use varies. Your payment amount may be adjusted once every three months, as your actual energy use is factored into your rolling 12-month average. On every monthly bill, you’ll see how much energy you actually used and the cost, which may be more or less than the amount you pay that month under the Budget Billing plan. AES Indiana will “settle up” with a credit or balance due in month 12, but seasonal adjustments throughout the year help avoid surprises. Please note that Budget Billing is offered through the App on behalf of AES Indiana and will be governed by AES Indiana’s terms and conditions regarding the program. If you have additional questions regarding Budget Billing, you should contact AES Indiana customer service at 888.261.8222, or email them through the form found at https://www.aesindiana.com/contact-us.Green Power Option: AES Indiana’s Green Power Option allows you to specify all of your monthly electricity use to be generated by an environmentally friendly, renewable resource. AES Indiana’s Green Power Option, approved by the Indiana Utility Regulatory Commission as AES Indiana’s Standard Contract Rider No. 21, is available to eligible Customers who wish to purchase “Green Power” from the AES Indiana -sponsored “Green Power Initiative” program. By enrolling in the Green Power Option through the App, you will only be able to purchase 100% of your electricity from a renewable energy source; if you wish to purchase 25% or 50% as permitted by the rider, you should enroll in the Green Power Option through AES Indiana directly. Green Power, through this Option, includes energy generated from renewable and/or environmentally friendly sources, including: Wind, Solar Photovoltaic, Biomass Co-firing of Agricultural Crops and All energy crops, Hydro – as certified by the Low Impact Hydro Institute, Incremental Improvements in Large Scale Hydro, Coal Mine Methane, Landfill Gas, Biogas Digesters, Biomass Co-firing of All Wood Waste including mill residue, but excluding painted or treated lumber. Green Power includes the purchase of Renewable Energy Certificates from the sources described above. By enrolling in the Green Power Option, you agree to pay a premium in addition to AES Indiana’s standard, regulated rate. This rate regulated premium will be used by AES Indiana to purchase renewable energy credits equal to the amount of your energy usage. As of September 1, 2019, the premium for AES Indiana 's Green Power Option was adjusted to $0.001 per kilowatt-hour. A typical residential customer using 1,000 kWh per month enrolled at the 100% level would pay an additional $1.00 on their AES Indiana electric bill. Use AES Indiana’s cost estimator to see your custom premium. Please note that Green Power Option is offered through the App on behalf of AES Indiana and will be governed by AES Indiana’s terms and conditions regarding the program. If you have additional questions regarding the Green Power Option, you should contact AES Indiana customer service at 888.261.8222, or email them through the form found at https://www.aesindiana.com/contact-us. You may also review the Green Power frequently asked questions and get further information here: https://www.aesindiana.com/green-power.Termination of Your Account: In the event that you terminate your AES Indiana Plus Account, the Company will no longer be responsible for paying your monthly charges to AES Indiana or otherwise administering any of the foregoing features. To the extent you have signed up for Bill Pay through the App and you subsequently terminate your Account, you will be solely responsible for making other arrangements to pay your monthly charges to AES Indiana. To the extent you have signed up for Budget Billing or the Green Power Option and you subsequently terminate your Account, you will continue to be enrolled in those feature(s) and should contact AES Indiana if you wish to change your enrollment. For the avoidance of doubt, in the event your AES Indiana Plus Account is terminated, you remain obligated to pay any outstanding fees, and you consent to the automatic charging of your chosen payment method on file for any outstanding fees owed by you at the time of such termination, without further notice to or consent from you.Arrearages: In the event of any failure or delay in payment by you (or your credit card company or other responsible financial institution) of your monthly charges, the Company will provide notice to you through your Account (a “Late Payment Notice”) and you agree to pay all overdue amounts and interest on overdue amounts at the maximum rate permitted by law and to indemnify and reimburse us for any expenses (including reasonable attorney fees) we may incur in collecting amounts owed by you to AES Indiana.Acknowledgment: You acknowledge and agree that the obligations of the Company under AES Indiana Plus are limited to providing the App and that the Company has no responsibility or obligation regarding the generation or delivery of power to you or any disruption, suspension or interruption in the generation or delivery of power to you. If you experience any disruption, suspension or interruption in the delivery of power to you, contact AES Indiana.AES Indiana Plus is solely for the purpose of payment options and feature enrollment between the Company and Customer for AES Indiana offerings. All terms and conditions of AES Indiana service, including AES Indiana’s right to terminate service to a customer, shall be as stated in AES Indiana’s Tariff on file with Indiana Utility Regulatory Commission. Customer is under no obligation to use AES Indiana Plus.No Warranty; Warranty Disclaimers
AES INDIANA PLUS, INCLUDING ALL CONTENT PROVIDED THROUGH OR RELATED TO SAME, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARY, OR AFFILIATED COMPANIES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, PROFESSIONAL ADVISORS OR LICENSORS ARE RESPONSIBLE FOR PROVIDING MAINTENANCE OR SUPPORT SERVICES FOR AES INDIANA PLUS OR SUCH CONTENT. THE COMPANY EMPLOYS COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE APP AND DATA, INFORMATION, AND OTHER MATERIALS RELATED TO AES INDIANA PLUS (EXCLUDING ANY USER-GENERATED CONTENT AND THIRD-PARTY CONTENT) THAT IS ACCURATE AND RELIABLE, BUT NEITHER ACCURACY NOR RELIABILITY CAN BE GUARANTEED.
THE COMPANY DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, SECURITY, TIMELINESS, OR AVAILABILITY OF AES INDIANA PLUS, THE APP OR AES INDIANA PLUS CONTENT. THE COMPANY DOES NOT WARRANT THAT AES INDIANA PLUS OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS THEREIN WILL BE CORRECTED, OR THAT AES INDIANA PLUS OR THE HARDWARE, SOFTWARE, APP OR NETWORKS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. THE COMPANY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS IN AES INDIANA PLUS OR ITS CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, LIMITED OR STATUTORY, OR ARISING FROM CUSTOM IN THE TRADE, WITH RESPECT TO AES INDIANA PLUS, ITS CONTENT, THE APP AND ANY GOODS AND SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH AES INDIANA PLUS, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, COMPLETENESS, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. THE COMPANY HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER SUBMITTED CONTENT OR COMMUNICATION.
THE COMPANY DOES NOT WARRANT THAT AES INDIANA PLUS, ITS CONTENT OR THE APP WILL RESULT IN ANY PARTICULAR COMPETENCY OR MEET YOUR PARTICULAR NEEDS.
THE COMPANY MAKES NO REPRESENTATION THAT AES INDIANA PLUS IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR JURISDICTION. YOU ARE RESPONSIBLE FOR COMPLYING WITH THE LAWS AND REGULATIONS APPLICABLE TO YOU.
YOUR USE OF AES INDIANA PLUS, ITS CONTENT AND THE APP IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, INCLUDING ANY LOSS OF DATA, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR IN ANY MANNER FROM OR THROUGH AES INDIANA PLUS CREATES ANY WARRANTY.
Limitation of Liability
YOUR DECISION TO USE AES INDIANA PLUS IS AT YOUR DISCRETION AND YOUR USE OF AES INDIANA PLUS IS AT YOUR OWN RISK. BY USING AES INDIANA PLUS, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT IN NO EVENT WILL THE COMPANY OR ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (THE “COMPANY PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH AES INDIANA PLUS, ITS CONTENT, ANY GOODS OR SERVICES OBTAINED FROM OR THROUGH AES INDIANA PLUS OR THIRD PARTIES ASSOCIATED WITH AES INDIANA PLUS, YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE AES INDIANA PLUS, ITS CONTENT, THE APP OR THESE TERMS OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Note that some states, including New Jersey, may not permit certain limitations of liability or damages and if you live in one of those states, these limitations may not apply to you.
Suspension, Termination
If you violate applicable laws or these Terms of Service, you may be immediately prohibited from further use of AES Indiana Plus or its Content. In addition, the Company may suspend or terminate your Account or your access to AES Indiana Plus or its Content, in whole or in part, temporarily or permanently, in the Company’s sole discretion, including if your AES Indiana account is terminated, with or without notice to you.
Discontinuing AES Indiana Plus, App, Content. The Company reserves the right to modify, or temporarily suspend or discontinue AES Indiana Plus, its Content or the App, in whole or in part, at any time, in its sole discretion, for any reason. Neither the Company, nor its agents/subcontractors shall be liable to you or any third party for any damage or loss caused or alleged to have been caused by or in connection with the modification or discontinuance of AES Indiana Plus, its Content or the App.
Effect of Termination. If the Company suspends or terminates your AES Indiana Plus Account or your AES Indiana account is terminated, the Company has no obligation to provide any further data or information to you, so you are advised to back-up any information you want to retain. The Company may continue to use and/or store certain information and data about you and your Account after termination of your Account, including personal information, subject to the terms of the Privacy Policy. To the extent you have signed up for Bill Pay through the App and your Account is subsequently terminated, you will be solely responsible for making other arrangements to pay your monthly charges to AES Indiana. To the extent you have signed up for Budget Billing or the Green Power Option and your Account is subsequently terminated, you will continue to be enrolled in those feature(s) and should contact AES Indiana if you wish to change your enrollment.
No Liability for Suspension or Termination. The Company shall not be liable to you or anyone else for any damages arising from or related to the suspension or termination of your Account; your access to AES Indiana Plus, its Content or the App (in whole or in part); or in the event the Company modifies, discontinues or restricts the availability of AES Indiana Plus or its Content or the App (in whole or in part).General Provisions
Cooperation with Law Enforcement. The Company cooperates with law enforcement and legal authorities in their investigation of violations and enforcement of applicable laws. YOU WAIVE AND HOLD THE COMPANY AND ITS REPRESENTATIVES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT OR LEGAL AUTHORITIES RELATING TO THEIR INVESTIGATIONS AND/OR YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
Assignment. We may assign our rights and delegate our duties (through subcontract or assignment) under these Terms of Service at any time, in whole or in part, to any party without notice to you. You may not assign your rights or delegate your duties under these Terms of Service without our prior written consent and any such attempted assignment or delegation without our consent is void. These Terms of Service shall be binding on and inure to the benefit of the Parties’ successors and assigns.
Compliance with Laws. Visitors and Users of AES Indiana Plus, its Content or the App shall at all times comply with all applicable international, federal, state and local laws, rules and regulations.
Third-Party Beneficiaries. These Terms of Service do not confer any rights, remedies, or benefits upon any person other than you and the Company, except that the Company’s parent, subsidiary and affiliate companies are third-party beneficiaries of these Terms of Service.
Interpretation; Conflicts. These Terms of Service and any additional terms and conditions imposed by AES Indiana with respect to feature offered through the App comprise the entire agreement between you and the Company with respect to your access to and use of AES Indiana Plus, its Content and the App. In the event of a conflict between these Terms of Service and AES Indiana’s approved tariff, the terms of the tariff will control.
No Waiver. The Company’s failure to enforce any provision in these Terms of Service will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the Company and shall not be construed as a waiver or relinquishment to any extent of the Company’s right to assert or rely upon any such provision or right in that or any other instance.
Severability. If any provision of these Terms of Service is held invalid, illegal, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The remaining provisions shall be separately enforced to the maximum extent permissible so as to effect the intent of these Terms of Service.
Headings. The headings in these Terms of Service are for convenience only and shall not affect the interpretation thereof.
Electronic Communications. By accessing AES Indiana Plus or by sending electronic communications (including emails) to us, you (1) consent to receive communications from us electronically, and (2) agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We may communicate with you by email or by providing notices through AES Indiana Plus, including the App. These Terms of Service and any other documentation, agreements, notices, or communications between you and the Company, including signatures, may be provided or exchanged electronically, to the extent permitted by law. The Company may provide notices to you by using any contact information provided by you or through your Account, or by posting such notices via AES Indiana Plus, including the App. Please save a copy of all documentation, agreements, notices, and other communications you want to retain for your reference.
Feedback. If you submit comments, questions or feedback to us via or regarding AES Indiana Plus, including the App, they will not be considered or treated as confidential. We may use any comments, questions and feedback that you send us in our discretion and without attribution or compensation to you.
Other Terms. Your use of AES Indiana Plus is subject to the additional disclaimers and notices that may appear throughout AES Indiana Plus and any other agreements between the Company and you regarding information available on, in or through AES Indiana Plus. These Terms of Service, including all other documents, disclaimers, agreements and notices referenced herein and through AES Indiana Plus, represent the entire understanding between you and the Company regarding AES Indiana Plus and supersede any prior statements or representations.Contact Us
For questions regarding AES Indiana Plus, its Content, the App, or these Terms of Service, please contact us at https://www.aesindiana.com/contact-us.Copyright © 2021, Uplight, Inc. ALL RIGHTS RESERVED.
© 2020 Uplight, Inc.