Ameren.com Website and Mobile Application
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR MOBILE APPLICATION. Your use of the Ameren Corporation (“Ameren”) website (the “Website”) and mobile application (the "application") is expressly conditioned on your acceptance of the following terms and conditions. By using the Website or application, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website or application.
- OWNERSHIP. Except for items in the public domain, the information and all other materials comprising the Website or application (collectively, the "Materials"), are wholly owned by (or licensed to) Ameren and/or its content providers. The Website and application contains copyrighted material, trademarks, and other proprietary information. Ameren owns a copyright in the selection, coordination and arrangement of the Website and application. Nothing contained on this Website or application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of Ameren or such other party that may own the Materials.
- USE OF WEBSITE AND APPLICATION. Except for your non-commercial personal use, the Website or application may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, for any commercial or non-commercial purpose. Unauthorized use of the Website or application and/or the Materials may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or application or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
As a condition of your use of the Website or application, you warrant that you will not use the Website or application for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Website or application in any manner which could damage, disable, overburden, or impair the Website or application or interfere with any other party’s use and enjoyment of the Website or application. You may not obtain or attempt to obtain any Materials or information through any means not intentionally made available or provided for through the Website or application.
By uploading or otherwise submitting a file or other information ("Contribution") to the Website or application, you automatically grant, or warrant that the copyright owner of the Contribution has expressly granted, to Ameren a perpetual, royalty-free, irrevocable, worldwide, non-exclusive license to use, reproduce, publicly display, modify, store, create derivative works from, and/or distribute the Contribution (in whole or part) and/or to incorporate it in other works in any medium now known or hereafter developed, as if the Contribution were public domain information. You similarly permit any Internet user to download, store, manipulate, view, print and display the Contribution for that user’s personal use.
Notwithstanding the above, the foregoing provisions concerning use of Contributions by Ameren shall not apply to files or other information that is uploaded or otherwise submitted by vendors accessing the Website or application for the purpose of conducting electronic commerce on Ameren's ebusiness.ameren.com website or mobile application.
- AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use the Website or application and to create binding legal obligations for any liability you may incur as a result of the use of the Website or application. You understand that you are financially responsible for all uses of the Website or application by you and those using your login information.
- ACCOUNT ACCESS. You understand and agree that you are solely responsible for maintaining the integrity of your online account access UserID and Password. You further agree to only establish online account access for your own account(s) or for those accounts to which you have been granted expressed permission to access. Ameren is not liable for damages or losses incurred by either the account owner or the user in the event that a user establishes account access to an account which is not his/hers and for which he/she has not been granted permission to access by the account owner.
- NO WARRANTIES AND LIMITATION OF LIABILITY. Your use of the Website or application is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files, data or other material (including software) obtained through the Website or application. Ameren strives to ensure the accuracy of the information presented on the Website and application, however due to various circumstances, including, but not limited to, delays caused by postal handling, upgrades and/or changes to Ameren’s bill and payment processing system there may be variances between the information available on the Website or application and your actual bill and payment information, energy usage history or other statistical data. For this reason, neither Ameren nor any of its affiliates, subsidiaries, business units, content providers can guarantee the accuracy, truthfulness or reliability of any information provided on or by means of the Website or application.
THE WEBSITE AND APPLICATION, MATERIALS AND THE CONTENT PROVIDED THEREON IS PROVIDED "AS IS", AND NEITHER AMEREN NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by Ameren or any of its affiliates, subsidiaries, business units, content providers, agents, or the like shall create any warranty. Neither Ameren nor any of its content providers, agents, or the like warrants that access to, or use of, the Website or application will be uninterrupted, virus free, or error-free, or that the Website or application (including, without limitation, any content and Materials on the Website or application) will meet any particular criteria of performance or quality. AMEREN, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT AMEREN KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBSITE OR APPLICATION. FURTHERMORE, AMEREN, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON- INFRINGEMENT IN RESPECT OF THE WEBSITE AND APPLICATION.
- LIMITATION OF LIABILITY. Ameren and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance will not be liable for (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Website or application, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Ameren has been advised of the possibility of such damages, and/or (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action. For further clarity, in all events, Ameren and all of its affiliates, subsidiaries, business units, content providers, agents and the like shall not be liable for the defamatory, offensive, or illegal conduct of other users of the Internet. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to you.
You acknowledge and agree that the provisions of this Section 7 and Section 6 above represent a reasonable allocation of the risks under this Agreement. Ameren's willingness to allow you to use the Website and application reflects this allocation of risk and the limitations of liability specified herein.
- INDEMNIFICATION. You agree to indemnify Ameren and all of its affiliates, subsidiaries, business units, content providers, agents and the like, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys' fees), and/or damages arising out of claims based upon your use of the Website and application including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
- LINKS. The Website or application may contain links to websites or applications operated by parties other than Ameren. Such links are provided for your reference only. Ameren does not control such websites and applications and is not responsible for their contents. Neither Ameren, nor any of its affiliates, subsidiaries, business units, content providers, agents and the like make any representation or warranty regarding any other websites or applications or the contents or materials on such websites or applications. The Website’s and application's inclusion of links to other websites and applications does not imply Ameren’s endorsement of the material on such websites or applications or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
- FORWARD-LOOKING STATEMENT DISCLOSURE. Any investor information contained on this Website or application is forward-looking information based on current expectations and plans that involve risks and uncertainties. Although AMEREN believes that this forward-looking information is accurate, its business is dependent on various regulatory issues, general economic conditions and future trends, and these factors can cause actual results to differ materially from the forward-looking information that has been provided. You are cautioned not to put undue reliance on this forward-looking information, which is not a guarantee of future performance and is subject to a number of uncertainties and other factors, many of which are outside the control of Ameren. Stock quotes are time delayed and should not be used for real-time investment decisions. All postings are subject to this notice regarding forward-looking statements and these terms and conditions.
- GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Missouri, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in St. Louis County, the state of Missouri, United States of America, in all questions and controversies arising out of your use of this Website or application and interpretation of these terms and conditions.
- NO WAIVER. The failure of either party to insist upon or enforce strict performance by the other party of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Ameren nor the trade practice shall modify any provision of these Terms and Conditions.
- MODIFICATION. Ameren may at any time modify these terms and conditions and your continued use of this Website or application will be conditioned upon the terms and conditions in force at the time of your use.
- ADDITIONAL TERMS. ADDITIONAL TERMS AND CONDITIONS MAY APPLY TO CERTAIN PORTIONS OF THE WEBSITE OR APPLICATION, AND YOU AGREE TO ABIDE BY SUCH OTHER TERMS AND CONDITIONS.
- SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- INTELLECTUAL PROPERTY NOTICES. All contents of the Website and application are Copyright © 2013 Ameren Corporation and/or its suppliers. All rights reserved. Product and company names mentioned in the Website and application are the trademarks of their respective owners.
- ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website or application.