Last updated: Feb. 3, 2020
The following terms and conditions (these “Terms and Conditions”) constitute a binding agreement between you and Idaho Power Company (“Idaho Power,” ”we,” ”us,” or ”our”), which is the chief operating subsidiary of holding company IDACORP, Inc.,
2. OWNERSHIP, LICENSE AND RESTRICTIONS ON USE
2.1 This website contains proprietary material of Idaho Power or its content suppliers that is protected by copyright and other laws respecting proprietary rights. All content included on this website including, but not limited to, text, graphics, logos, button icons, images, audio clips and digital downloads is the property of Idaho Power or its content suppliers and protected by United States and international copyright laws. The website is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright and international copyright laws. Furthermore, all software used on this website is the property of Idaho Power or its software suppliers and protected by United States and international copyright laws. Idaho Power retains all rights in this website and the materials herein, including, without limitation, all copyright and other proprietary rights worldwide in all media. You may not use this website or any material herein except as expressly permitted under these Terms and Conditions.
2.2 IdahoPower.com and other marks used on this website are registered trademarks of Idaho Power, IDACORP, Inc., or other subsidiaries of IDACORP, Inc., in the United States and other countries. IdahoPower.com graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Idaho Power or IDACORP, Inc. and its subsidiaries. Idaho Power’s trademarks and trade dress may not be used in connection with any product or service that is not Idaho Power’s, may not be used in any manner that is likely to cause confusion among customers, or may not be used in any manner that disparages or discredits Idaho Power. All other trademarks not owned by Idaho Power or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Idaho Power, IDACORP, Inc., or its subsidiaries.
2.3 Subject to these Terms and Conditions, Idaho Power grants you a limited nonexclusive, nontransferable, nonsublicensable, revocable license to access and use this website for your personal, noncommercial use or legitimate business purposes. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, download (other than page caching), display, or in any way exploit any of the content, software, materials, or this website in whole or in part. In no event shall materials from this website be stored in any information storage and retrieval system without the prior written permission from Idaho Power. While accessing Idaho Power’s services you are prohibited from, without Idaho Power’s prior written authorization, performing manually or in an automated fashion any of the following actions: access or tamper with nonpublic areas of the website or the systems used to host it; probe, test, or scan (especially for vulnerabilities) the website; circumvent authentication, breach, or otherwise attempt to access the website and services provided except through published interfaces; scrape the website or its content (without express written consent); interfere or disrupt access for other customers, hosts, or networks; induce undue burden on systems through the use of malware, spam, denial of service type of attacks, or other material that is malicious or technologically harmful; engage in resale, trade, or commercial use of this website or its contents; engage in any collection and use of any product listings, descriptions, or prices; make any derivative use of this website or its contents; download or copy account information for the benefit of another; or use data mining, robots, or similar data gathering and extraction tools. Notwithstanding the foregoing, if you are accessing content and materials on this website (“Idaho Power Data”) for purposes of your legitimate business purposes related to your involvement in a program administered by Idaho Power to facilitate and/or improve the use of Idaho Power’s services by its customers, you may download, store and reproduce the Idaho Power Data for your legitimate business purposes in connection with your involvement in such program.
2.4 Idaho Power Data is and shall remain, as between you and Idaho Power, the property of Idaho Power. You shall maintain the confidentiality of the Idaho Power Data with at least the same degree of care you use to protect your own confidential information of a similar nature, but in no case with less than reasonable care, and not disclose Idaho Power Data to any third party without Idaho Power’s prior written consent. Upon Idaho Power’s written request, you shall promptly return to Idaho Power or destroy, at Idaho Power’s election, all Idaho Power Data and certify in writing to such return or destruction. You shall use Idaho Power Data solely for the purpose of your involvement in a program administered by Idaho Power to facilitate and/or improve the use of Idaho Power’s services by its customers. Without limiting the generality of the foregoing, you shall not: (a) use any Idaho Power Data for your own benefit, or the benefit of any third party, in any manner or form; (b) sell, assign, lease, or otherwise dispose of any Idaho Power Data; (c) collect, access, retain, use, disclose, dispose of, or create Idaho Power Data in violation of applicable law; and (d) collect, retain, use, or Idaho Power Data outside of the direct business relationship between you and Idaho Power and except as necessary for the purpose of your involvement in a program administered by Idaho Power to facilitate and/or improve the use of Idaho Power’s services by its customers. You hereby certify that you understand the restrictions set forth in this Section 2.4 and will comply with them.
3. YOUR IDAHO POWER ACCOUNT
Once information regarding your Idaho Power account is made available by you via this website, if you continue to use this website, you are responsible for maintaining the confidentiality of your account information and your password and for restricting access to your computer. You also agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Idaho Power of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable login form, and you are responsible for keeping such information up to date.
4. COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users may submit suggestions, ideas, comments, questions or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content. Idaho Power reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material to this website, you grant Idaho Power, IDACORP, Inc., and its subsidiaries a nonexclusive, royalty-free, perpetual, irrevocable, transferrable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media without compensation whatsoever to you. You grant Idaho Power, IDACORP, Inc., and its affiliates the right, but not the obligation, to use the name that you submit in connection with such content. You represent and warrant the following: that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Idaho Power, IDACORP, Inc., and its subsidiaries for all claims resulting from content you supply. Idaho Power has the right, but not the obligation, to monitor and edit or remove any messages, material or content submitted by you. Idaho Power takes no responsibility and assumes no liability for any content posted by you or any third party.
5. COPYRIGHT INFRINGEMENT
Just as we require users of our services to respect our copyrights and other intellectual property rights, we respect the copyrights and other intellectual property rights of users of the website and other third parties. It is our policy to terminate the user accounts of repeat infringers. If you believe in good faith that your copyrighted work has been reproduced on the website without authorization in a way that constitutes copyright infringement, you may notify us by mail to:
Attn: Brian Buckham
Re: Copyright Infringement
P.O. Box 70
Boise, ID 83707
Please provide the following information:
- The identity of the infringed work and of the allegedly infringing work;
- Identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content;
- Your name, address, daytime phone number and email address, if available;
- A statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
- A statement of the accuracy of the notice and, under penalty of perjury, that you are authorized to act on behalf of the owner; and
- Your electronic or physical signature.
6. ELECTRONIC COMMUNICATIONS
When you visit this website or send emails to Idaho Power, you are communicating with Idaho Power electronically. Once you’ve contacted Idaho Power electronically, Idaho Power will communicate with you by either email or posting notices on this website. By communicating with Idaho Power electronically, you consent to receive communications from Idaho Power electronically and you agree that all agreements, notices, disclosures, and other communications that Idaho Power provides to you electronically satisfy any legal requirement that such communications be in writing.
7. LINKS TO OTHER WEBSITES
Idaho Power provides links to the websites of affiliated companies and certain other businesses. Such links are provided for your convenience only, and if you access any other websites linked to this website you do so at your own risk. Idaho Power is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Idaho Power, IDACORP, Inc., and its subsidiaries do not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
8. CHANGES, SUSPENSION AND DISCONTINUANCE
Idaho Power and its parent company and affiliates reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the website or any features or portion of the website at any time. You agree that Idaho Power will not be liable to you or to any third party for any such change, suspension, or discontinuance.
Idaho Power and its parent company and affiliates also reserves the right to deny access to the website or to any features or portions of the website, suspend or terminate your account on the website, cancel orders for products or services, or refuse service at any time and for any reason, including if, in our opinion, you have violated any provision of these Terms and Conditions. In the event we suspend or terminate your access to the website or your account, you will continue to be bound by these Terms and Conditions that were in effect as of the date of such suspension or termination.
9.1 While Idaho Power attempts to include accurate information in this website, occasional errors or omissions in content may occur. Idaho Power will make reasonable efforts to correct these errors or omissions, but can make no representation regarding the accuracy of the information provided. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. This website may contain certain historical information. Historical information necessarily is not current, speaks only as of the date of such information, and is provided for your reference only. Idaho Power undertakes no duty to update the information. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. IDAHO POWER MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE, ACCURACY, AND COMPLETENESS. IDAHO POWER DOES NOT WARRANT THAT THE WEBSITE IS EITHER ERROR-FREE IN CONTENT OR FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. IDAHO POWER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART BY YOUR USE OF THE WEBSITE, YOUR RELIANCE ON THE INFORMATION CONTAINED IN THE WEBSITE OR IDAHO POWER’S SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9.2 Idaho Power disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of, or any way related to (a) any errors in or omissions from this website and its content, including, but not limited to, technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through hot links in this website, including, but not limited to, any errors in or omissions therefrom, (c) the unavailability of this website or any portion thereof, (d) your use of this website, or (e) your use of any equipment of software in connection with this website.
10. LIMITATIONS OF LIABILITY
A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS WEBSITE, INCLUDING ITS CONTENT, REGARDLESS OF WHETHER CAUSED BY ANY COVERED PARTY’S TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. “Covered Party” means Idaho Power, its affiliates, any officer, director, employee, parent company, subcontractor, agent, successor or assign of Idaho Power or its affiliates or parent company.
You agree to indemnify, defend, and hold any Covered Party harmless for, from, and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the website or any services or items obtained through the website or your violation of these Terms and Conditions. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the website and these Terms and Conditions.
12. APPLICABLE LAW AND DISPUTES
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Idaho, USA (without reference to its choice of law provisions), as they apply to agreements made and performed in the State of Idaho. All disputes concerning these Terms and Conditions shall be heard in either the Judicial District Courts of the State of Idaho or the United States District Court for the District of Idaho, and each of the parties hereby waives any objection that it may have to the laying of venue in such courts.
13. ENTIRE AGREEMENT AND SEVERABILITY
14. CONTACT INFORMATION
If you have any questions about the website or these Terms and Conditions, please contact us.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by discontinuing your use of the Idaho Power website and destroying all materials obtained from it. Upon termination of this agreement, all rights granted to you under this agreement will also terminate. Termination will not limit any of Idaho Power’s rights or remedies at law, including as set forth in this agreement, or in equity.
IF YOU DO NOT AGREE
IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.