GENERAL TERMS OF USE

IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY

Nothing in this material is intended to override the corporate separateness of local entities. Working relationships discussed in this material do not necessarily represent a reporting connection, but may reflect a functional guidance, stewardship, or service relationship.

Black Hills Energies has numerous affiliates for convenience and simplicity for the ease of customers. Similarly, Energy Solution has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like venture, joint venture, partnership, co-venture, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.

If you are not willing to abide by the General Terms, do not use this Site or the Services.

1. Changes and Special Additional Terms and Conditions

Black Hills Energies may revise the Terms & Condition at any time without notice. You should revisit this Site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.

You are advised to check each page you visit on the Site. Some locations may have special additional terms and conditions that apply to use of or interaction with that location. These terms and conditions may also be changed at any time without notice. Your use of that location constitutes your acceptance of those special additional terms and conditions.

2. Use of the Site

You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:

You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).
You are prohibited from using the Site or Services to infringe on any person’s copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
In using the Site or Services, you must not:

3. Trademark and Copyright

Not all marks of Energy Solution will appear on this Site.

The user may forward, distribute, and/or photocopy copyrighted materials of Energy Solution located on this Site only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers, and other information. You may not copy these documents to a Web site.

4. Privacy Statement

Black Hills Energies Privacy Statement states below.

5. No Warranty

This Site and Services are provided “As Is” and without warranties of any kind, whether express or implied, to the fullest extent permissible pursuant to applicable law, Energy Solution disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose and non-infringement.

6. Limitation of Liability

Black Hills Energies shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

If you are dissatisfied with any portion of the Site or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.

7. Non-Confidentiality of User Materials

You are not to transmit any material to or through this Site that you consider to be confidential or proprietary. Any material which you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in Just Energy’s Privacy Statement or separate written agreement between you and Energy Solution

Black Hills Energies appreciate your interest in this Web site and other related or linked services. Your privacy is important and we want you to understand our practices with respect to gathering information from visitors to the Site and with respect to the uses we make of that information. Please check each portion or page of the Site that you visit. Certain portions or pages of the Site may contain changes to the Privacy Statement applicable to your use of that portion or page, for example, certain applications may request additional information from you.

Information and Uses

When someone visits the Site, our web servers automatically gather information that allows the site to communicate with the visitor’s computer during the visit. We also track such information as the number of visits to the site, which parts of the site visitors select, IP address (the Internet address assigned to your computer from your Internet Service Provider), domain type, browser type (e.g., Firefox, Chrome or Internet Explorer), date and time of day. We use such information only for statistical purposes that help us design and administer the Site. This information does not disclose Personal Information that would permit us to identify or locate individual visitors.
Privacy concerns focus on Personal Information, that is, information that could identify a specific individual such as names, addresses, e-mail addresses, and telephone numbers. If during your visit you personalize the Site, complete an order form, enter a contest, or submit other information to us, you may provide us with Personal Information. We may collect and use that Personal Information to provide you with products or services, to bill you for products and services you request, to tell you about Just Energy products and services which we think may be of interest to you, or to communicate with you for other purposes. For employees and contractors, personal Information may also be used to manage and provide resources/tools.
As explained below in the section on Dissemination of Information to Third Parties, we do not distribute or sell Personal Information to third parties for the purpose of allowing them to market their products and services to you; moreover, as explained in the Opt Out/Modify Information section, we will make a reasonable effort to remove your Personal Information from our database in such a way that you will not receive future communications from us, if that is your wish. If you notify us that Personal Information previously submitted to our site is no longer accurate, we will make a reasonable effort to make appropriate corrections. To facilitate our efforts to meet your request, it would be helpful if you could let us know the context in which you provided Personal Information, e.g in connection with enrollment of a particular product.

Information Placed on Your Computer

We may store some information (commonly known as a “cookie”) on your computer when you look at or use the Site. This information facilitates customizing your use of the Site and helps to avoid the need for you to re-enter your details every time you visit it. You can erase or block this information from your computer if you want to. (The ‘help’ screen in your browser or computer user manual should tell you how to do this.)

We may use third-party advertising technology to provide ads when you visit sites upon which we advertise. This technology will not process any information that can be used to personally identify you, that is it will not include your name, address, or other personal information. When you access an ad, a “cookie” file will be stored on your computer. This information is used to help manage our on-line advertising.

Hyperlinks

This site may have links to sites that Just Energy does not own, control or maintain. We cannot be responsible for their privacy policies and practices and we make no representations or warranties about the privacy practices of those sites. Similarly, we cannot be responsible for the policies and practices of any site from which you linked to our Web site. We recommend that you check the privacy policy of other sites and contact the operator if you have concerns or questions.

Dissemination of Information to Third Parties

Communicating via the Internet and sending information, products, and services to you by other means necessarily involves your Personal Information passing through or being handled by third-parties, but Energy Solution does not sell or distribute your Personal Information to third parties for purposes of allowing them to market their products and services to you.

Conditions of Use, Notices and Revisions

If you choose to visit our Site, your visit and any dispute over privacy is subject to this Privacy Statement and our General Terms of Use of our Site, including any limitations on damages, arbitration of disputes and application of law provisions. We reserve the right to change this statement at any time without notice.

Management of Personal Information

You can get access to your Personal Information held by Just Energy, the type of Personal Information held by Just Energy, what Personal Information is made available to other organizations (such as affiliates, service providers, business partners), the identity of those organizations, and for what purposes these organizations will use or disclose such Personal Information, contact Black Hills Energies’s directly.

Black Hills Energies will be eligible to provide the customers with refund within 90 days of the services taken. Upon termination of any service for any reason, you must call back within the time frame mentioned above. If the customer did not contacted within 90 calendar days then no refund on the services will be given. We may retain any advance payment or deposit, or portion thereof that previously had not been refunded, if you fail to contact within this time period. If the service is added to refund within 90 days of subscription, any fees charged for the service will be refunded. No refunds will be made for any service returned more than 90 days.

In addition to termination of service, these return of services does not apply if your existing service is replaced or upgraded for any reason.