PowerSouth’s Website Terms of Use

This website is operated by PowerSouth Energy Cooperative (“PowerSouth”). Throughout the website (“Site”), the terms “we,” “us” and “our” refer to PowerSouth. PowerSouth offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. Your use of this Site constitutes your agreement to these Terms of Use (“Terms”). These Terms contain important notices and copyright information that must be observed. Any rights not expressly granted herein are reserved.

While this Site is updated regularly, PowerSouth is not responsible if information made available on this Site is not accurate, current or complete. PowerSouth is under no obligation to update any information on this Site. The material on this Site 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. Any reliance on the material on this Site is at your own risk. Content on the Site may reference, summarize or otherwise deal with matters publicly disclosed to or filed with various federal and state regulatory agencies, and such public filings are the authoritative source on such matters. PowerSouth reserves the right to modify the contents of this Site at any time, and you agree that it is your responsibility to monitor changes to the Site. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time.

USAGE NOTICE

Unless noted with an asterisk (*) below, all content on this Site (including, without limitation, text, logos, icons, images, design, graphics, audio clips, downloads, interfaces, code and software) is the exclusive property of PowerSouth, its licensors and/or its content providers and is protected by copyright, trademark and other applicable laws. Such content is available for personal and non-commercial use. Any other use of the content of this Site or use of this Site for purposes competitive to PowerSouth is strictly prohibited and requires the advanced written consent of PowerSouth. PowerSouth, or its licensors or content providers, retain full and complete title to the material provided on this Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in PowerSouth’s sole discretion. PowerSouth neither represents nor warrants that your use of materials on this Site will not infringe rights of third parties.

Use of any hardware or software intended to damage or interfere with the proper working of this Site or to intercept any system, data or personal information from the site is strictly prohibited. You agree not to interrupt or attempt to interrupt the operation of this Site in any way. PowerSouth reserves the right to refuse, cancel or terminate any person’s use of this Site, in its sole discretion, at any time without notice. Termination of access or use does not waive, limit or affect any other right or relief to which PowerSouth may be entitled in equity or at law.

LINKS

This Site may contain links to other websites, some of which are operated by PowerSouth, its member systems, or its affiliates, and others which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. PowerSouth has not necessarily reviewed all of the information on those other sites and is not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites.

VIRUS PROTECTION

By using this Site, you agree to only use computer systems employing reasonable means to check and prevent the spread of malicious and/or damaging computer code.

RISK NOTICE

Your use and browsing of this site are at your own risk. EVERYTHING PROVIDED ON THIS SITE AND ANY OF ITS CONTENTS ARE MADE AVAILABLE TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THIS SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. Recognizing such, you acknowledge that neither PowerSouth, nor any of its affiliates, suppliers and/or third party suppliers who are involved in any way in creating, producing, maintaining or delivering this site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, this Site and its contents. The contents of this site are only for general information or use. It does not constitute advice and should not be relied upon in making (or refraining from making) any decision. PowerSouth will not be liable for any damages (including, without limitation, damages for loss of business projects, or loss of profits or any consequential damages) arising in contract, tort or otherwise from the use of inability to use this site, or any such contents. You agree that any cause of action arising out of or related to this Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless PowerSouth and its affiliates and their officers, trustees, members, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of this Site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. PowerSouth reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with PowerSouth in the defense of such matter.

TRACKING

We sometimes collect information from visits to our websites to help us provide better information on the PowerSouth website. For example, we keep track of the domains from which people visit, and we also measure visitor activity on our websites. We or others on our behalf may use this data to analyze trends and statistics to help us provide better information on the PowerSouth website. We also may, with your permission, collect information about you, which we will use to build custom pages or provide e-mail services. This information also may be used to track your visits to our pages.

COOKIES

Some PowerSouth Web pages use “cookies,” small files placed on your hard disk for record-keeping purposes. Cookies enable us to customize content based on your subject matter choices. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. If you choose not to accept cookies, however, some Web pages may not display properly or you may not be able to access certain information.

JURISDICTION AND APPLICABLE LAW

The laws of the State of Alabama govern these Terms of Use and your use of the Site, and you irrevocably consent to the jurisdiction of the courts of the State of Alabama for any action arising out of or related to these Terms of Use. We recognize that it is possible for you to access this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Alabama and the United States. If any material on this Site, or your use of this Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask that you not use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

ENTIRE AGREEMENT AND ADMISSIBILITY

These Terms of Use and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and PowerSouth with respect to the subject matter thereof. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to the use of the Site to the same extent and subject to the same conditions as other business documents and recordings originally generated and maintained in printed form.

SEVERABILITY

If any provision of these Terms of Use is unlawful, void, or unenforceable, the remaining provisions of the agreement will remain in place.

CONTACT

If you have any questions or comments about these Terms of Use or this Site, please contact us by:

Emailing us at:	info@powersouth.com
Calling us at:	(334) 427-3000
Writing us at:	PowerSouth Energy Cooperative Attn: Baynard Ward, Communications Manager Post Office Box 550 Andalusia, Alabama 36420

CHANGES

Please review this Terms of Use document periodically, as we may update it from time to time.