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Terms of Use

Welcome to (APS) and thank you for visiting move2aps.com (the Site). These Terms of Use (the Agreement) contain the terms and conditions that govern your use of this Site. APS reserves the right to change this Agreement at any time, without notice or liability, by updating the posting of this Agreement on this Site.

By using this Site, you agree to be legally bound by the terms and conditions of this Agreement current at the time of your use. Therefore, you should periodically review this Agreement. If you do not wish to be bound by this Agreement, you may not use this Site.

The word "Content" as used in this Agreement means any and all information, data, software, content, materials, documents, text, photographs, video, sounds, music, illustrations, graphics, logos, functions, processes and the like that are displayed, downloadable or otherwise available on, in or through this Site.

AGREEMENT INDEX
Contact Information
Disclaimers and Limitation of Damages
Rights in Content
Trademark Notice
Framing, Copying, Distributing and Linking Restrictions
Personal Information and Security
Password Restricted Areas
Notice to Parents
Links to Other Sites (Third Party Sites)
E-mail and Other Information Submissions
Online Conduct
Policy on Infringement Claims
Governing Law
General Provisions


 

Contact Information
This Site is owned and operated by APS. Please direct any questions or comments you have concerning the Site or this Agreement to Christine.Krantz@aps.com; or call 602-250-3066 (Phoenix area) or 800-423-0198; our mailing address is P.O. Box 53999, Sta. 8010, Phoenix, AZ 85072-3999.

Disclaimers and Limitation of Damages
ALL CONTENT ON THIS SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER.

AS TO THE CONTENT AND OPERATION OF THIS SITE, AND ANY GOODS AND SERVICES OBTAINED FROM US OR THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE, APS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, COMPLETENESS, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND TITLE.

APS DOES NOT WARRANT THAT THE CONTENT AND OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, ITS CONTENT OR ANY SERVER USED TO OPERATE THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL APS, ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) IN CONNECTION WITH, OR IN ANYWAY ARISING OUT OF, THE USE OR INABILITY TO USE THIS SITE, ITS CONTENT, OR ANY GOODS OR SERVICES OBTAINED FROM US OR THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THIS SITE, EVEN IF APS IS ADVISED OF THE POSSIBILITY THEREOF.

IF YOU BECOME DISSATISFIED WITH THIS SITE, OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THIS SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Notwithstanding the foregoing, in no event shall the total liability of APS, its parent, subsidiaries, affiliates, employees, agents, insurers, licensors, or third party providers of Content, goods or services, for all damages, losses and causes of action arising out of use of this Site, whether in contract, tort, including negligence, or otherwise, either jointly or severally, exceed the dollar amount of One Hundred Dollars ($100). The foregoing provisions of this section are for the benefit of APS, its parent, subsidiaries, affiliates, employees, agents, insurers, licensors, and third party providers of content, goods or services, and each shall have the right to assert and enforce the provisions directly on their own behalf.

Rights in Content
Unless otherwise indicated in the Site, all Content is the property of, or licensed to, APS, or otherwise used with the permission of its owners, and is protected under U.S. and foreign copyright, trademark and other intellectual property laws. Other than as stated in this Agreement, use of the Site is not a grant, nor shall it be construed as a grant by implication or estoppel, of a license or any other right to the Content.

APS grants you the limited right to display the Content only on your computer screen, copy the Content to the limited extent necessary for such display, and, on an occasional basis, to print and store the Content for your personal, noncommercial use, provided that all copyright notices located on the Content appear on the printed and stored versions. This limited right automatically terminates without notice to you if you breach this Agreement. APS reserves all rights and title to all Content, including that which is copied, printed or displayed.

Trademark Notice
APS, move2aps.com, Arizona Public Service, and the APS logo are trademarks and/or service marks of APS. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

Framing, Copying, Distributing and Linking Restrictions
Other than as stated in this Agreement, you may not copy, modify, frame, mirror, or distribute the Content in any form (including by e-mail or by incorporating it in another web site) without written permission from APS. APS encourages you instead to tell others about the Site and direct them to the Site.

Commercial use, broadcasting or otherwise disseminating any Content in any media, without the prior written consent of APS, is strictly prohibited. For example, you may not post any Content from the Site to news groups, list serves or electronic bulletin boards. APS reserves the right to restrict access to this Site and add, discontinue or modify any authorizations to use the Site.

You may create a hypertext link to the home page of this Site provided you do not use our trademarked logo for the link, and you do not state or imply that APS sponsors or endorses your site. Please send APS prior written notification of your intention to link to our Site. Links to pages in this Site other than to the home page (otherwise known as deep-linking) require APS' written permission.

Personal Information and Security
Personal information you enter in this Site is governed by APS' Privacy Policy. By use of this Site, you acknowledge that you have read and agree to this Privacy Policy. Because the standards and laws regarding privacy are evolving, APS may change the Privacy Policy at any time without notice or obligation. You should therefore periodically review the Privacy Policy.

APS takes reasonable steps to protect your personal information from unauthorized parties by using secure servers when dealing with such information. However, technology is not fail proof. It may be possible for an unauthorized person to gain access to your information notwithstanding the use of a secure server. Therefore, please note that you enter information in this Site at your own risk.

 

Links to Other Sites (Third Party Sites)
Some of the links on our Site will take you to web sites that are not owned and operated by APS, but are owned and operated by third parties (Third Party Sites). APS is not an agent, partner, sales representative or distributor for the owners or operators of these Third Party Sites.

When you visit Third Party Sites, you will be subject to the privacy policy and terms of use that are posted on that Third Party Site. We encourage you to review the Third Party Site's privacy policy and terms of use whenever you visit these sites.

Although these Third Party Sites offer content, goods or services (Third Party Goods and Services) that we believe may be of value to APS customers, APS provides these links only as a convenience and APS' inclusion of a link to a Third Party Site does not imply APS' endorsement of that Third Party Site, or the Third Party Goods and Services. APS reserves the right to change or discontinue, without prior notice, any link or program it has with such Third Party Sites.

The purchase of any Third Party Goods and Services arising from or related to your visit to any Third Party Site is solely between you and the third party owning or operating the Third Party Site, and APS shall have no obligation regarding any such transaction. APS does not represent or warrant the correctness, validity, accuracy, or reliability of any Third Party Sites or Third Party Goods and Services. You bear all risks and responsibilities associated with your use of Third Party Sites and Third Party Goods and Services, and you agree that APS shall not be directly or indirectly liable for any damages that arise from your use of Third Party Sites or Third Party Goods and Services.

E-mail and Other Information Submissions
While we appreciate receiving e-mail from our Site visitors, please note that information transmitted via e-mail is not secure and will not be treated as confidential. APS can and may use your e-mail submissions for any purpose without compensation to the contributor. Any information you transmit or post to this Site (excluding personal information which is addressed in APS' Privacy Policy), including questions, comments or suggestions, will be considered non-confidential and non-proprietary and APS shall be free to reproduce, incorporate, disclose, distribute and otherwise use such information without limitation. APS shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose.

Online Conduct
You agree to use this Site only for lawful purposes. As such, you are prohibited from posting on or transmitting through this Site any unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable or illegal material of any kind. If APS is notified of any allegedly infringing, defamatory, damaging, illegal, or offensive material provided by you, APS may investigate and in its sole discretion remove or request the removal of such material. APS may disclose any material or electronic communication of any kind and the sender of such material or communication (a) to satisfy any law, regulation, or government request; (b) if APS deems such disclosure necessary or appropriate to operate this Site or APS; or (c) to protect the rights or property of APS, its parent, subsidiaries, affiliates, suppliers, other Site users or third parties.

APS reserves the right to prohibit your conduct, communication, and material on this Site that it deems in its sole discretion to be harmful or that violates any applicable law. Notwithstanding the foregoing, APS cannot ensure prompt removal of questionable material after online posting. Accordingly, neither APS, nor its parent, subsidiaries, affiliates, officers, directors, employees, suppliers or agents shall assume liability for any action or inaction with respect to conduct, communication, or user material on this Site.

Policy on Infringement Claims
APS will process and investigate proper notices of alleged copyright or other intellectual property infringement related to the Content on this Site and will respond in accordance with the applicable laws, regulations and APS policies regarding such notices. If you believe that any Content accessible through this Site infringes your copyright, you should send written notice of alleged copyright infringement to APS's designated agent for such notices:

Kris Fenex
Law Department
Pinnacle West Capital Corporation
400 North Fifth Street
Phoenix, Arizona 85004

Fax: 602-250-3393
Email: kris.fenex@pinnaclewest.com

Any notice of claimed copyright infringement must satisfy all of the requirements set forth in 17 U.S.C. Section 512(c)(3), including, but not limited to, identifying with detail reasonably sufficient to permit APS to locate the Content claimed to be infringing. Upon sufficient notice of a claimed infringement, APS will act expeditiously to remove, or disable access to, the Content claimed to be infringing. Also, APS will take reasonable steps to promptly notify the person responsible for the Content that we have removed or have disabled access.

If APS receives a sufficient counter notification from the person responsible for the Content you claim is infringing, APS will provide you a copy of the counter notification. Also, APS will inform you that, in ten (10) business days, APS will replace, or cease disabling access to, the material or activity claimed to be infringing unless you first provide APS' Designated Agent written notice sufficient to show that you are seeking a court order to restrain the responsible party from engaging in the copyright infringement you believe has occurred on this Site.

Governing Law
APS operates this Site from its offices in the state of Arizona, USA. APS makes no representation that the information, goods and services on or available through this Site are appropriate or available for use in other locations, or to individuals or entities outside of APS' service territory.

This Agreement is entered into in the State of Arizona and it shall be interpreted, construed and governed by the laws of the State of Arizona, without reference to its laws relating to conflicts of law. Venue for all disputes arising under this Agreement or resulting from a Site visitor's access or use of the Site shall lie exclusively in the State and Federal Courts located in Maricopa County, Arizona, and you hereby consent to the personal jurisdiction of such courts. Any cause of action you may have with respect to this Site, its Content, or any Third Party Goods and Services must be commenced within one (1) year after the claim or cause of action arises.

General Provisions
APS' failure to require or enforce strict performance of any term or condition of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of APS' right to assert or rely upon any such provision or right in that or any other instance.

In the event any portion of this Agreement (including any portion of any agreement that is referenced by, in or to this Agreement) is found to be illegal or unenforceable, that portion shall be severed from the Agreement, and the remaining terms shall be separately enforced to the maximum extent permissible so as to effect the intent of this Agreement.

Visitors to this Site shall at all times comply with all applicable laws, rules and regulations that may apply to visitor's use of this Site.

APS reserves the right to modify or, temporarily or permanently, discontinue this Site with or without notice to you. You agree that APS shall not be liable to you or any third-party for any damage or loss caused or alleged to be caused by or in connection with the modification or discontinuance of this Site.

Your use of this Site is subject to the additional disclaimers and notices that may appear throughout the Site, and any other agreements between APS and you regarding information available on, in or through this Site. This Agreement, including all other documents, disclaimers, agreements and notices referenced herein and in the Site, represent the entire understanding between you and APS regarding your use of this Site, and supersedes any prior statements or representations. You agree to be bound to this Agreement by your use of the Site.

By using this Web site, you accept our Terms of Use  
and Privacy Policy agreements.

Copyright © 2014 APS Community Development.