Last updated: Dec. 29, 2021
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., regarding the access or use by you of www.idahopower.com, all other websites owned and operated by Idaho Power, including mobile websites and Idaho Power’s mobile applications (“Site”).
We may supply different or additional terms in relation to some of our products and services, and those different or additional terms become part of your agreement with us if you use those products or services. If there is a conflict between these Terms and Conditions and the additional terms, the additional terms will control for that conflict.
This Site and these Terms and Conditions may be changed by Idaho Power at any time and we will provide you with notice of such changes, such as by updating the date at the top of these Terms and Conditions. Please review this link on a regular basis for changes. All changes are effective immediately when we post them and apply to all access to and use of this Site thereafter. Continued use of this Site following any change constitutes your acceptance of the change.
2. OWNERSHIP, LICENSE AND RESTRICTIONS ON USE
2.1 This Site contains proprietary material of Idaho Power or its content suppliers and licensors that is protected by copyright and other laws respecting proprietary rights. All content included on this Site 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 licensors and protected by United States and international laws. The Site 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 Site is the property of Idaho Power or its software suppliers and licensors and protected by United States and international copyright laws. Idaho Power and its licensors retain all rights in this Site and the materials herein, including, without limitation, all copyright and other proprietary rights worldwide in all media. You may not use this Site or any material herein except as expressly permitted under these Terms and Conditions.
2.2 IdahoPower.com and other marks used on this Site 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, may not be used in any manner that disparages or discredits Idaho Power, or used, copied, imitated, or shared in any other manner without our prior written permission. All other trademarks not owned by Idaho Power or its subsidiaries that appear on this Site 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 Site for your personal, noncommercial use or legitimate business purposes or as otherwise approved in writing by IDACORP or Idaho Power. 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 Site in whole or in part. In no event shall materials from this Site 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 Site or the systems used to host it; probe, test, or scan (especially for vulnerabilities) the Site; circumvent authentication, breach, or otherwise attempt to access the Site and services provided except through published interfaces; scrape the Site 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 Site or its contents; engage in any collection and use of any product listings, descriptions, or prices; make any derivative use of this Site 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.
3. YOUR IDAHO POWER ACCOUNT
You may need to register for an account to access some or all of our services. You are responsible for maintaining the security and confidentiality of your account information and your password and for restricting access to your account. You also accept responsibility for all activities that occur under your account or password. You will 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 account information, and you are responsible for keeping such information up to date. Idaho Power reserves the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
4. AUTOMATIC PAYMENTS
Idaho Power offers customers the option to set up automatic recurring payments for their monthly Idaho Power bills. By enrolling in Idaho Power’s Auto Pay program, you authorize Idaho Power to initiate recurring debit payments from the checking or savings account you specify. The amount debited from your bank account every month will be the amount due on your monthly bill. Once your enrollment is processed, all payments will be automatically withdrawn from your specified bank account on your monthly bill due date, unless you terminate your authorization in the manner described herein. You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers. You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option. YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION AT ANY TIME ONLINE BY LOGGING INTO YOUR ACCOUNT THROUGH THE SITE AND TERMINATING YOUR ENROLLMENT IN AUTO PAY. YOU MUST TERMINATE AUTO PAY BEFORE 5AM MOUNTAIN TIME ON THE DUE DATE OF THE APPLICABLE MONTHLY BILL TO AVOID HAVING SUCH PAYMENT DEBITED AFTER TERMINATION. You must keep your checking or savings account information updated. If you do not update your bank account information and Idaho Power is unable to withdraw funds in the amount due on your Idaho Power account, you may be subject to applicable late fees, returned item charges and any fees or charges assessed by your financial institution. You will review each bill you receive and agree to give Idaho Power timely notice of any disputed billings, subject to OAR 860-021-0135 if you are an Oregon resident, and Idaho Code §61-642 Rule 203 and 204 if you are an Idaho resident. Idaho Power may issue adjustments to bills in accordance with applicable rules and regulations. IDAHO POWER SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED.
5. 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 Site, 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 or applicable law 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.
6. 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 Site and other third parties by maintaining a policy to, in appropriate circumstances, terminate the user accounts of those who repeatedly infringe the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act, if you believe in good faith that your copyrighted work has been reproduced on the Site without authorization in a way that constitutes copyright infringement, you may notify our designated agent by mail to:
Attn: General Counsel
Re: Copyright Infringement
P.O. Box 70
Boise, ID 83707
Please provide the following information:
- The identity of the allegedly 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.
7. ELECTRONIC COMMUNICATIONS
When you visit this Site 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 Site. 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.
8. 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 from this Site 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, products, services, and content of these and any other third parties. You should carefully review their privacy statements and other conditions of use.
9. CHANGES, SUSPENSION AND DISCONTINUANCE
Idaho Power and its parent company and affiliates reserve the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any features or portion of the Site 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 Site or to any features or portions of the Site, suspend or terminate your account on the Site, 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 Site 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.
10.1 While Idaho Power attempts to include accurate information in this Site, occasional errors or omissions may occur. Idaho Power makes no representations regarding the accuracy of the information provided. THIS SITE IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. IDAHO POWER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, 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 SITE IS EITHER ERROR-FREE IN CONTENT OR FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10.2 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 SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE OR OUR SUPPORT SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
11. 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 SITE, 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.
THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY OF ANY COVERED PARTY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold any Covered Party harmless for, from, and against any claims, liabilities, losses, damages, demands, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) (“Claims”) arising out of or resulting from your (a) use of the Site or any services or items obtained through the Site, (b) the content you submit to Idaho Power, (c) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), or (d) your violation of these Terms and Conditions. You will promptly notify Covered Parties of any third-party Claims, cooperate with Covered Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Covered Parties will have control of the defense or settlement, at Idaho Power’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Idaho Power or the other Covered Parties. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Site and these Terms and Conditions.
13. DISPUTE RESOLUTION; BINDING ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH IDAHO POWER AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.
NO REPRESENTATIVE ACTIONS. YOU AND IDAHO POWER AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THIS SITE IS PERSONAL TO YOU AND IDAHO POWER AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ACTION, AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.
Arbitration of disputes. Except for small claims disputes in which you or Idaho Power seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Idaho Power seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, YOU AND IDAHO POWER WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, OR USE OF THIS SITE RESOLVED IN COURT. Instead, for any dispute or claim that you have against Idaho Power or relating in any way to these Terms and Conditions or the use of this Site, you agree to first contact Idaho Power and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Idaho Power by certified mail addressed to Idaho Power, P.O. Box 70 Boise, ID 83707. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Idaho Power cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Ada County, Idaho or may be conducted telephonically or via video conference by agreement of the parties, in accordance with the JAMS streamlined arbitration rules and procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Idaho Power agree that these Terms and Conditions affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these terms and the JAMS rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Idaho Power, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Idaho Power agree that for any arbitration you initiate, you will pay the filing fee and Idaho Power will pay the remaining JAMS fees and costs. For any arbitration initiated by Idaho Power, Idaho Power will pay all JAMS fees and costs. You and Idaho Power agree that the state or federal courts of the state of Idaho and the United States sitting in the state of Idaho have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms and Conditions, the Site, or our services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Idaho Power will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 13 by contacting us using the information below. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with section 14.
If any portion of this Section 13 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms and Conditions; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 13 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 13; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 13 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 13 will be enforceable.
14. GOVERNING LAW
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 that are not subject to arbitration or cannot be heard in small claims court 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.
If any provision of these Terms and Conditions is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
16. CONTACT INFORMATION
If you have any questions about the Site 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 Site 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.
18. 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 SITE.