Terms of Service

Home Legal Terms of Service

1. ACCEPTANCE OF TERMS
   a. The Dynegy.com web site ("Dynegy.com") is owned and operated by Dynegy Inc.
   
   b. Your use of Dynegy.com is subject to these Dynegy.com Terms of Service ("TOS"). Dynegy.com is provided solely for information purposes and, with the exception of these Terms of Services and the Privacy Policy, is not intended to, and shall not, constitute any offer or acceptance with respect to any transactions or other matters. Dynegy may modify or change the TOS at any time by conspicuously posting notice of such change on Dynegy.com for a period of not less than five (5) business days. Your continued use of Dynegy.com after the effective date of such notice will constitute acknowledgment and acceptance of the revised TOS.
   
   c. Throughout the TOS, "you" and "your" refer to any visitors to Dynegy.com.
   
   d. In addition, when using particular services, your transactions shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
   
   
2. PRIVACY POLICY
   Registration data and certain other information about you is subject to our Privacy Policy. For more information, please see our full Privacy Policy under the Legal section of Dynegy.com.
   
   
3. USAGE
   a. You are entitled to view, copy and print any documents that are made generally available on Dynegy.com but only for your own internal business purposes. Any sale, transmission or redistribution of Dynegy.com or its content, and any copying, modification or other use of Dynegy.com or its content for any purposes other than your own internal business purposes, are strictly prohibited.
   
   b. You are prohibited from using Dynegy.com to gain unauthorized access, directly or indirectly, to Dynegy's computer systems or a third party's computer systems. You shall not interfere with another user's use or enjoyment of Dynegy.com.
   
   c. Dynegy reserves the right, in its sole discretion, to take action that it deems appropriate for violations of this TOS, including but not limited to terminating your access to Dynegy.com, filing of criminal charges against you, or the initiating a civil action against you.
   
   d. To the extent required to do so by law, Dynegy will fully cooperate with any law enforcement authorities or court order requesting or directing Dynegy to disclose information regarding users of Dynegy.com.
   
   
4. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
   Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
   
   
5. INDEMNITY
   You agree to indemnify and release Dynegy and its affiliates from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims resulting from your use of the Information or the Site, including, without limitation, any claims that if the allegations were true would constitute a breach of this TOS.
   
   
6. TERMINATION
   You agree that Dynegy, in its sole discretion, may terminate your access to or use of Dynegy.com, and remove and discard any content within Dynegy.com, for any reason. Dynegy may also, in its sole discretion, and at any time discontinue providing Dynegy.com, or any part thereof, with or without notice. You agree that any termination of your access to Dynegy.com under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Dynegy may immediately deactivate or delete all related information and files. Further, you agree that Dynegy shall not be liable to you or any third-party for any termination of your access to Dynegy.com.
   
   
7. LINKS TO THIRD PARTY SITES
   Dynegy.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Such web sites are publicly available and Dynegy is providing access to such web sites through Dynegy.com solely as a convenience to you. Because Dynegy has no control over such sites and resources, you acknowledge and agree that Dynegy is not responsible for the availability of such external sites or resources. The fact that access to such web sites is provided does not constitute any endorsement, authorization or sponsorship of such web sites or their sponsors by Dynegy. Dynegy does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Dynegy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand and agree that you will use or rely on such web sites solely at your own risk and that Dynegy does not grant to you any rights in respect of such web sites.
   
   
8. DYNEGY'S PROPRIETARY RIGHTS
   You acknowledge and agree that Dynegy.com and any necessary software used in connection with Dynegy.com contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through Dynegy.com or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Dynegy or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Dynegy.com, in whole or in part.
   
   
9. DISCLAIMER OF WARRANTIES
   a. DYNEGY STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THIS SITE. HOWEVER, DYNEGY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THIS SITE. DYNEGY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THIS SITE. YOUR USE OF DYNEGY.COM IS AT YOUR SOLE RISK. DYNEGY.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DYNEGY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
   
   b. DYNEGY MAKES NO WARRANTY THAT (i) DYNEGY.COM WILL MEET YOUR REQUIREMENTS, (ii) DYNEGY.COM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DYNEGY.COM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH DYNEGY.COM WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
   
   c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF DYNEGY.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
   
   d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DYNEGY OR THROUGH OR FROM DYNEGY.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
   
   
10. LIMITATION OF LIABILITY
    a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DYNEGY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DYNEGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE DYNEGY.COM; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON DYNEGY.COM; OR (iv) ANY OTHER MATTER RELATING TO DYNEGY.COM.
    
    b. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
    
    
11. NOTICE
    Notices to you may be made via either e-mail, regular mail, or by displaying notices or links to notices to you generally on Dynegy.com.
    
    
12. GENERAL INFORMATION
    a. The failure of Dynegy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If, for any reason, a court or other body of competent jurisdiction finds, or the Parties mutually believe, any provision of this TOS, or portion thereof, to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible, and the remainder of this TOS will continue in full force and effect.
    
    b. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Dynegy.com or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    
    c. THIS TOS SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT GIVING REGARD TO THE CHOICE OF LAW PROVISIONS OF THE STATE. IN THE EVENT THAT ANY PROVISION OF THIS TOS OR ANY PART HEREOF IS FOUND INVALID OR UNENFORCEABLE, THE REMAINDER OF THIS TOS WILL BE BINDING ON THE PARTIES HERETO AND WILL BE CONSTRUED AS IF THE INVALID OR UNENFORCEABLE PROVISION OR PART THEREOF HAD BEEN DELETED.
    
    
13. VIOLATIONS
    Please report any violations of the TOS to Dynegy.com to This email address is being protected from spambots. You need JavaScript enabled to view it. .