CapX2020 web site privacy policy
PRIVACY POLICY, TERMS OF USE AND LEGAL NOTICES SUMMARY
Welcome to the website for CapX2020, a joint initiative
of 11 transmission-owning utilities in the Upper Midwest
to expand the electricity transmission grid. Utilities
include: Northern States Power Company, Great River Energy,
Central Minnesota Municipal Power Agency, Dairyland Power
Cooperative, Minnesota Power, Minnkota Power Cooperative,
Missouri River Energy Services, Rochester Public Utilities,
Southern Minnesota Municipal Power Agency and WPPI Energy
(the “CapX2020 utilities”).
Please review the following terms and conditions
that govern the use of this website, which constitutes website users’ (hereinafter “user” or “users”)
agreement to follow and be bound by this Privacy Policy, Terms of Use
and Legal Notices (collectively, the “agreement”).
To reflect changes in our initiative, the CapX2020 utilities may occasionally
modify this agreement in its sole discretion and without notice to users.
Modifications will become effective when posted on this website. Please
review this agreement periodically to ensure familiarity with its then-current
terms and conditions. Continued use of the website constitutes acceptance
of this agreement; following any modification of this agreement shall
constitute acceptance of such modifications.
Users may also be subject to additional terms and conditions that may
apply when using services provided by entities other than the CapX2020
utilities on this website, or when accessing any services provided by
the CapX2020 utilities from a website other than this one.
PRIVACY POLICY
Collection of User Information
Providing personal information is not necessary to visit
this website. To evaluate and improve this website, our
web server automatically collects information used to measure the:
- number of user visits to the website
- average time spent
by users at the website
- number of pages viewed by users,
and the
- methods by which users found the website
To the extent users specifically and knowingly provide information to
us through the CapX2020 website, the CapX2020 utilities will collect that
information as well.
Sharing Information with Third Parties
The CapX2020 utilities will not sell, rent or transmit
your personal information to other companies for use in selling their
products or services without users’ consent. Circumstances under which the CapX2020 utilities
would share users’ personal information with third parties include:
- as required by any laws, or regulations or with customer authorization
appropriate to the situation
- with users’ written consent; and
- pursuant to a valid warrant,
subpoena or court order.
This privacy policy applies only to the CapX2020 utilities website.
TERMS OF USE
How You May Use the Content on This Website
Website content may be used only for limited, internal, noncommercial,
informational purposes. Users may print out a single copy of the content
solely for these purposes, if the copy bears all copyrights, trademarks,
service marks and other intellectual property as well as all proprietary
notices displayed on the webpage. Users may not distribute, publish, transmit,
modify or create derivative works from, or in any way exploit, any of
the content, in whole or in part, for any purpose. Except as authorized
in this paragraph, users are not granted a license under any copyright,
trademark, service mark, patent or other intellectual property or proprietary
right in the content. Under no circumstances will users obtain any rights
in the products, services, processes or technology described in the content.
All these rights are retained by the CapX2020 utilities, their parent
companies and corporate affiliates and any third party owners of these
rights. No other use of the material within this website or portion thereof
is permitted without the express written consent of the CapX2020 utilities.
Unless otherwise noted, all text, maps, images, graphics, photographs,
video clips, designs, icons, sounds, information, data and other materials
(the content) on this website are copyrights, trademarks, service marks
or other intellectual property or proprietary rights owned or licensed
by the CapX2020 utilities, their parent companies or their corporate affiliates.
Links to Other Websites and References to Other Companies
References made to names, marks, products or services
of third parties or hypertext links to third-party websites or information
do not constitute or imply the CapX2020 utilities’ endorsement,
sponsorship or recommendation of the third party. CapX2020 does not
monitor or control the content of any websites linked to or from this
website, and therefore it is not responsible for the content of any
websites linked to this website or the terms of use or privacy practices
employed by those other websites. Content and liability disclaimer content
on this website may include technical inaccuracies or typographical
errors, and the CapX2020 utilities are not responsible for any reliance
users may place on the content. The CapX2020 utilities may make changes
to the content and the products, services and programs described in
the content at any time without notice.
Forward-Looking Statements
Statements on
this website, other than statements of historical information,
are forward-looking statements that are made pursuant to
the safe harbor provisions of the Private Securities Litigation Reform
Act of 1995. Such forward-looking statements are subject to certain risks
and uncertainties that could cause actual results to differ materially
from those projected. These forward-looking statements are not guarantees
of future performance or that the events described on this
website will occur. Users are cautioned not to place undue
reliance on these forward-looking statements which speak
only as of the date first posted to this website. Such
risks and uncertainties include but are not limited to: economic downturns;
terrorist acts upon the United States; threat of or actual war; unfavorable
weather conditions; the CapX2020 utilities’ ability
to obtain financing on terms acceptable to us to finance
capital expenditures; actions of rating agencies and their impact on capital
expenditures and growth strategy; the CapX2020 utilities’ ability
to grow their operations; industry competition; implications arising from
new Financial Accounting Standards Board (FASB)/governmental legislation,
rulings or interpretations; the CapX2020 utilities’ reliance on
government permits or approvals; and adverse consequences of current or
future legal claims. In most instances forward-looking statements are
identified by the words “proposed,” “anticipate,” “estimate,” “expect,” “projected,” “objective,” “outlook,” “possible,” “potential” and
similar expressions. Users are also directed to other risks
discussed in documents filed by the respective CapX2020
utilities with the Securities and Exchange Commission.
LEGAL NOTICES
General Disclaimers
THIS WEBSITE CONTAINS TRANSMISSION PLANNING DATA THAT MAY BE CONCEPTUAL
IN NATURE AND IS SUBJECT TO CHANGE. THE TRANSMISSION PROJECTS LISTED MAY
CHANGE SCOPE OR NOT BE CONSTRUCTED. PLANS AND INFORMATION PRESENTED HERE
ARE SUBJECT TO CHANGE AND REFINEMENT BY THE CAPX2020 UTILITIES WITHOUT
NOTICE. ALL PLANS REMAIN SUBJECT TO GOVERNMENTAL REGULATIONS AND APPROVALS,
WHICH APPROVALS MAY NOT BE OBTAINED.
THIS WEBSITE IS PROVIDED FOR MARKETING PURPOSES ONLY.
ALL ARTWORK, MAPS AND DEPICTIONS OF ANY NATURE ARE ARTISTS’ RENDERINGS,
CONCEPTUAL ONLY AND MAY NOT FULLY OR ACCURATELY REPRESENT THE SUBJECT
AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. MAPS ARE NOT TO SCALE. POTENTIAL
ROUTES AS DEPICTED ARE SUBJECT TO CHANGE WITHOUT NOTICE. ANY REPRESENTATION
OF A PROPOSED ROUTE IS NOT INTENDED TO REFLECT A TAKING ON THE PART
OF THE CAPX2020 UTILITIES. ESTIMATED COSTS AND IN-SERVICE DATES ARE
PROJECTED FIGURES ONLY AND SHOULD NOT BE RELIED ON FOR ANY PURPOSES.
THIS WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS,” AND
ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO
THIS WEBSITE OR THE CONTENT OF THE WEBSITE ARE DISCLAIMED, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY,
ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE
OR ABSENCE OF VIRUSES. USERS ASSUME ALL RESPONSIBILITY AND RISK OF LOSS
RESULTING FROM THE USE OF THIS WEBSITE AND THE INFORMATION CONTAINED
ON THIS WEBSITE.
EXCEPT FOR USERS’ AGREEMENT TO ABIDE BY THE
AGREEMENT, USE OF THIS WEBSITE DOES NOT CREATE ANY CONTRACT OR AGREEMENT
BETWEEN USERS AND THE CAPX2020 UTILITIES, NOR ANY OBLIGATION OF THE
CAPX2020 UTILITIES TO USERS. USERS AGREE NOT TO ACT IN RELIANCE UPON
THE INFORMATION CONTAINED HEREIN AND WAIVE ANY CLAIM, DEMAND, CAUSE
OF ACTION OR DAMAGES INCURRED AS A RESULT OF RELIANCE ON SUCH INFORMATION.
ADDITIONAL DISCLAIMERS MAY APPEAR FROM TIME TO TIME WITHIN THE BODY OF
THIS WEBSITE AND ARE INCORPORATED HEREIN BY REFERENCE.
Limitation of Liability
NEITHER THE CAPX2020 UTILITIES NOR ANY OF THEIR INFORMATION
PROVIDERS, PARENT COMPANIES, CORPORATE AFFILIATES, SERVICE PROVIDERS,
LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES (THE EXCLUDED PARTY OR PARTIES)
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR
RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES OF THIS
WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE,
DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH EXCLUDED PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF, OR OTHERWISE COULD HAVE FORESEEN, SUCH
DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION
TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES’ LIABILITY WILL
BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity
USERS HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CAPX2020
UTILITIES AND THEIR CORPORATE AFFILIATES, AND THE PARTNERS, MEMBERS, SHAREHOLDERS,
OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, ATTORNEYS AND AGENTS OF THE
CAPX2020 UTILITIES AND/OR THEIR CORPORATE AFFILIATES, FROM ANY AND ALL
THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT
LIMITED TO, ATTORNEYS FEES) THEY INCUR ARISING AS A RESULT OF USING THIS
WEBSITE, VIOLATION OF THE TERMS OF USE, OR INFRINGEMENT OF ANY INTELLECTUAL
PROPERTY OR OTHER RIGHT OF THE CAPX2020 UTILITIES, THEIR PARENT COMPANIES
AND CORPORATE AFFILIATES OR ANY PERSON OR ENTITY.
Applicable Law
This agreement shall be governed by the laws of the state of Minnesota,
excluding its conflicts of law principles.
Miscellaneous
Except as set forth in the section above entitled “Privacy Policy,
Terms of Use and Legal Notices,” this agreement constitutes the
final and entire agreement between users and the CapX2020
utilities regarding use of the services on the website from which this
agreement was accessed. This agreement supersedes all previous and contemporaneous
oral and written agreements between users and the CapX2020 utilities regarding
use of the services on this website.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect.
Effective Date of Policy
This policy was revised as of March 26, 2010.