Legal notices

Attention: Dynegy Inc. ("Dynegy") maintains this site for your information, education and enjoyment. Please read the following terms and conditions carefully before using this web site. Your access to and use of this web site is subject to, and indicates that you agree with, these terms and conditions. If you do not agree with these terms and conditions, please do not use this web site.

Last Updated: July 2016

Welcome. We thank you for visiting a website of Dynegy Inc., Dynegy Energy Services, LLC, Homefield Energy, Illinois Power Marketing LLC, or one of their subsidiary or affiliated companies (collectively, Dynegy). These Terms of Service (TOS) apply to your use of any Dynegy website that provides a link to these TOS, including dynegy.com, dynegyenergyservices.com, dynegyohio.com, and homefieldenergy.com (the Sites).

Your use of the Sites is subject to these TOS. The Sites are provided solely for information purposes and, with the exception of these TOS and the Privacy Policy, are not intended to, and shall not, constitute any offer or acceptance with respect to any transactions or other matters. Please read the TOS carefully before you start to use the Sites. By using the Sites, you accept and agree to be bound and abide by these TOS and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.

We may modify or update the TOS from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Sites thereafter. Your continued use of the Sites following the posting of revised TOS means that you accept and agree to the changes. You are expected to check this page each time you visit any of the Sites so that you aware of any changes, as they are binding on you.

In addition, when using particular services, your transactions or services may be subject to additional terms and conditions applicable to such services which may be posted from time to time. All such additional terms and conditions are hereby incorporated by reference into the TOS.

Throughout the TOS, "you" and "your" refer to any visitors to the Sites.

PRIVACY POLICY
All information we collect on the Sites is subject to our Privacy Policy. For more information, please see our full Privacy Policy under the Legal Notices section of Dynegy.com.

USAGE
You may use the Sites only for lawful purposes and in accordance with the TOS. Any use of the Sites for any purpose contrary to applicable law or the TOS is strictly prohibited.

You are entitled to view, download, and copy any materials, including images, text, illustrations, documents, photographs, video clips and other materials that are made generally available on the Sites but only for your own internal business purposes or personal use. No right, title, or interest in any downloaded or copied materials is transferred to you as a result of such downloading or copying. Any sale, transmission or redistribution of the Sites or the Sites’ content, and any copying, modification or other use of the Sites or the Sites’ content for any purposes other than your own internal business purposes or personal use, are strictly prohibited.

You are prohibited from using the Sites to interfere with, disrupt, damage, or 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 the Sites.

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 the Sites, filing of criminal charges against you, or the initiating a civil action against you.

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 the Sites.

GEOGRAPHIC RESTRICTIONS
We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of the Sites’ content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

INDEMNITY
You agree to defend, indemnify, hold harmless, and release Dynegy, its affiliates, licensors and service providers from and against any and all claims, liabilities, expenses (including attorney's fees) and damages arising out of or relating to your use of the information or the Sites, including, without limitation, any claims that if the allegations were true would constitute a breach of this TOS.

TERMINATION
You agree that Dynegy, in its sole discretion, may terminate your access to or use of the one or more of the Sites, and remove and discard any content within the Sites, for any reason, including but not limited to any user name, password or other identifier. Dynegy may also, in its sole discretion, and at any time discontinue providing any of the Sites, or any part thereof, with or without notice. You agree that any termination of your access to the Sites 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 the Sites.

LINKS TO THIRD-PARTY SITES
The Sites may provide, or third parties may provide, links to other websites or resources. Such websites are publicly available and Dynegy is providing access to such websites through the Sites 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 your use of such websites. The fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites 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 websites or resources. Consequently, we cannot be responsible or liable for the accuracy, relevancy, copyright compliance, legality, or appropriateness of material contained in such websites.

DYNEGY'S PROPRIETARY RIGHTS
The Sites, their contents, and any necessary software used in connection with the Sites are owned by Dynegy, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other applicable intellectual property or proprietary rights laws. Except as expressly authorized by Dynegy or advertisers, you agree not to reproduce, modify, rent, lease, loan, sell, publicly display, distribute or create derivative works based on the Sites, in whole or in part.

All graphics, logos, product and service names, designs and slogans are trademarks of Dynegy or its affiliates or licensors. You must not use such marks without the prior written permission of the Dynegy.

LINKING POLICY

You may link to the Sites’ respective home provided you comply with the following terms and conditions:

  • You must link to the home page only.  Links to other pages on the Sites are prohibited.  Permission to link to any web page other than the "home page" must be obtained from Dynegy in advance. Requests for such authorization should be sent via e-mail to: webmaster@dynegy.com.
  • Links must be an active, text-based hyperlink. You many not use any of our logos.
  • You may not create frames around the Sites’ respective homepages or use other techniques that alter the visual presentation or appears of the Sites.
  • You will not imply that Dynegy is endorsing you and/or any of the products or services that you provide. You will not misrepresent your relationship with Dynegy or any of its affiliates or any of the products and/or services that Dynegy or its affiliates provide.
  • You acknowledge and agree that Dynegy has no responsibility or liability for any content that appears on the website from which you link to the Sites. 
  • You agree to cooperate with Dynegy in causing any unauthorized linking immediately to cease. 
  • We reserve the right to withdraw linking permission or change this Linking Policy without notice, so it is your responsibility to periodically review this page for any changes.

DISCLAIMER OF WARRANTIES
DYNEGY STRIVES TO PROVIDE ACCURATE AND UP-TO-DATE MATERIAL ON THE SITES. HOWEVER, DYNEGY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR TIMELINESS OF THE MATERIAL PROVIDED ON THE SITES. DYNEGY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE SITES. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE 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;

DYNEGY MAKES NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES 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. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DYNEGY OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY
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 THE SITES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES; OR (iv) ANY OTHER MATTER RELATING TO THE SITES.

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.

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 the Sites.

GENERAL INFORMATION
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 hereto 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 and will be construed as if the invalid or unenforceable provision or part thereof had been deleted.

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 the Sites or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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. ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TOS OR YOUR USE OF THE WEBSITE MUST BE BROUGHT IN THE STATE OR FEDERAL COURTS OF TEXAS IN EACH CASE LOCATED IN THE CITY OF HOUSTON AND HARRIS COUNTY AND YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.

VIOLATIONS
Please report any violations of the TOS to webmaster@dynegy.com.

 

Last Updated: July 2016

Welcome. We thank you for visiting a website of Dynegy Inc., Dynegy Energy Services, LLC, Homefield Energy, Illinois Power Marketing LLC, or one of their subsidiary or affiliated companies (collectively, Dynegy). This online privacy policy applies to information about you that Dynegy may obtain when you visit a website that we control, including dynegy.com, dynegyenergyservices.com, dynegyohio.com, or homefieldenergy.com (the Sites). In this Policy, we describe how Dynegy may collect, use, or share information obtained through the Sites, your choices regarding our use of that information, the ways in which we safeguard the information we collect, and how you may contact Dynegy regarding our online privacy practices.

By using the Sites, you agree to our Terms of Service and consent to our collection, use, and disclosure practices and other activities as described in this Privacy Policy. To download a copy of this Privacy Policy, click here
 

INFORMATION COLLECTION
 

Information You Provide to Us
We collect certain information that you provide directly to us through the Sites. For example, you may provide information to us when you register on the Sites, subscribe to our notifications, sign up for service accounts, apply for a job, contact customer support, or otherwise communicate with us through the Sites.

The information we collect from you through the Sites may include Personal Information, which is information that can be used to identify you, such as your first and last name, email address, physical address, phone number, date of birth, or gender. We also may collect information about your current electric provider (including your account number), and other information you choose to provide. If you apply for employment opportunities through the Sites, we (or one of our third-party partners) may collect information regarding your work experience, educational background, and other details relevant to the job you’re seeking.
 

Information Collected Automatically
In addition to information you submit to us, we may collect certain information using automated means such as cookies, web beacons, and web server logs. The types of information we collect automatically include IP addresses, browser/device/hardware type, operating system characteristics, information about your use of the Sites, data regarding network connected hardware (e.g., computer or mobile device), and information about your use of the Sites, such as the time and duration of your visit and how you arrived at the relevant Site.

Information that is automatically collected about you through the Sites may be combined with Personal Information you provide to us. Automatically collected information that is combined with Personal Information is treated as Personal Information.

Data Analytics Services and Online Tracking
On the Sites we use third-party web analytics services, such as Google Analytics, to help us analyze how visitors use the Sites. The information collected for this purpose (including your IP address and other information collected automatically, as described above) will be disclosed to, or directly collected by these service providers. To learn more about opting out of data collection through Google Analytics, click here.

Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. Like many websites and online services, our Sites are not configured to respond to “Do Not Track” signals. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com.

Information Use
We may use information we obtain about you through the Sites for various purposes, including to:

  • Respond to your comments, questions, and requests, and provide customer service;
  • Send you service and technical notices, updates, administrative messages, and security alerts and support;
  • Process your job applications;
  • Communicate with you about products, services, offers, promotions, newsletters, rewards, and events, and provide news and information that we think will be of interest to you (for information about how to manage these communications, please see Your Choices below);
  • Register and service your online account;
  • Improve the Sites or other websites, marketing efforts, products, and services, and to monitor and analyze trends, usage, and activities of visitors of the Sites;
  • Contact you regarding your use of the Sites and, in our discretion, changes to our policies;
  • Prevent, identify, and address fraud, breaches of our policies or terms, and other risks, threats, or potential harm; or
  • For other purposes, as described at the time the information is collected.

In addition, we may use information collected through cookies, web beacons, and other automated means for purposes such as recognizing your computer when you visit the Sites, tracking your activity as you navigate the Sites, or analyzing your use of the Sites. We also may use the information we obtain about you in other ways for which we provide notice at the time of collection.
 

Information Sharing
Certain of our agents, affiliates, vendors, consultants and other service providers may have access to Personal Information to carry out work on our behalf or to provide service to you. These third-party service providers and agents are prohibited from using your Personal Information for any purpose other than to provide this assistance.

In addition, we may share information about you obtained through the Sites:

  • With our business partners, affiliates and other third parties in order to help us transact business with you, including processing your payment, answering your inquiry, fulfilling your request for a product or service, or to otherwise conduct our business with you;
  • To comply with the law, law enforcement or other legal process, including as necessary to respond to a government request;
  • As necessary or appropriate to protect our rights, property, life, health, security, or safety and/or that of our affiliates, you, or others;
  • With our affiliates for internal business purposes;
  • With our business partners, affiliates and other third parties for purposes of sending their own marketing;
  • In connection with, or during negotiations of, any proposed or actual merger, purchase, sale (including a liquidation, realization, foreclosure or repossession), or any other type of acquisition of all or any portion of our assets, or transfer of all or a portion of our business to another company;
  • For a purpose disclosed elsewhere in this Privacy Policy, or at the time you provide your Personal Information; or
  • With your consent, or as directed by you.

Without limiting the foregoing, in our sole discretion, we also may share aggregated or de-identified information collected through the Sites with affiliates or other third parties.

Sweepstakes, Contests, and Promotions
We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.

Links to Other Websites
The Sites may contain hyperlinks to other websites or online locations that are operated by third parties that we do not control. This Privacy Policy does not apply to those third-party websites, which may have their own privacy policies or notices that apply to the information they collect from you through their sites. We make no representations regarding the policies or business practices of third-party websites, and we encourage you to familiarize yourself with their privacy policies before providing them with your Personal Information.

Your Choices
Many web browsers provide options to allow users to stop accepting new cookies, or to disable existing cookies. Please be aware that if you disable the cookies on your computer, you may not be able to use certain features of the Sites or other websites, and disabling cookies may invalidate opt outs that rely on cookies to function.

You may request that we update, correct, or delete your information collected through the Sites by emailing webmaster@dynegy.com. To help protect your privacy and security, we may take reasonable steps to verify your identity prior to honoring any such requests. We will make good faith efforts to effect requested changes in our then-active databases as soon as reasonably practicable (but we may retain prior information as business records).

You can opt out of receiving promotional email communications from us by following the instructions provided in those communications, or by emailing us at webmaster@dynegy.com. .You also may remove yourself from our email list by clicking on the unsubscribe link included in all promotional emails we send to our customers. Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails, such as emails regarding our ongoing business relations.

Children’s Information
The Sites are not intended for children, and are not targeted to children under the age of 13. We do not knowingly collect personal information from children under the age of 13 and, if we learn that we have received Personal Information from a visitor under the age of 13, we will delete this information in accordance with applicable law.

Data Security
We take reasonable measures to help protect the information we maintain from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, given that transmission via the Internet is not completely secure, please be aware that we cannot guarantee the security of information we collect through the Sites.

Changes to This Privacy Policy
We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the Policy, and in some cases, we may provide you with additional notice (for example, via email sent to the email address you have provided to us). We encourage you to review this Privacy Policy when you interact with us online, to stay informed about our information practices and the ways you can help protect your privacy.

Contact Us
If you have questions or concerns about this Privacy Policy, please feel free to contact us at:
Dynegy Inc.
Attention: Legal—Retail
601 Travis Street, Suite 1400
Houston, TX 77002
webmaster@dynegy.com