CapX2020 web site privacy policy

PRIVACY POLICY, TERMS OF USE AND LEGAL NOTICES SUMMARY

Welcome to the website for CapX2020, a joint initiative of 11 transmission-owning utilities in the Upper Midwest to expand the electricity transmission grid. Utilities include: Northern States Power Company, Great River Energy, Central Minnesota Municipal Power Agency, Dairyland Power Cooperative, Minnesota Power, Minnkota Power Cooperative, Missouri River Energy Services, Rochester Public Utilities, Southern Minnesota Municipal Power Agency and WPPI Energy (the “CapX2020 utilities”).

Please review the following terms and conditions that govern the use of this website, which constitutes website users’ (hereinafter “user” or “users”) agreement to follow and be bound by this Privacy Policy, Terms of Use and Legal Notices (collectively, the “agreement”).

To reflect changes in our initiative, the CapX2020 utilities may occasionally modify this agreement in its sole discretion and without notice to users. Modifications will become effective when posted on this website. Please review this agreement periodically to ensure familiarity with its then-current terms and conditions. Continued use of the website constitutes acceptance of this agreement; following any modification of this agreement shall constitute acceptance of such modifications.

Users may also be subject to additional terms and conditions that may apply when using services provided by entities other than the CapX2020 utilities on this website, or when accessing any services provided by the CapX2020 utilities from a website other than this one.

PRIVACY POLICY

Collection of User Information

Providing personal information is not necessary to visit this website. To evaluate and improve this website, our web server automatically collects information used to measure the:

  • number of user visits to the website
  • average time spent by users at the website
  • number of pages viewed by users, and the
  • methods by which users found the website

To the extent users specifically and knowingly provide information to us through the CapX2020 website, the CapX2020 utilities will collect that information as well.

Sharing Information with Third Parties

The CapX2020 utilities will not sell, rent or transmit your personal information to other companies for use in selling their products or services without users’ consent. Circumstances under which the CapX2020 utilities would share users’ personal information with third parties include:

  • as required by any laws, or regulations or with customer authorization appropriate to the situation
  • with users’ written consent; and
  • pursuant to a valid warrant, subpoena or court order.

This privacy policy applies only to the CapX2020 utilities website.

TERMS OF USE

How You May Use the Content on This Website

Website content may be used only for limited, internal, noncommercial, informational purposes. Users may print out a single copy of the content solely for these purposes, if the copy bears all copyrights, trademarks, service marks and other intellectual property as well as all proprietary notices displayed on the webpage. Users may not distribute, publish, transmit, modify or create derivative works from, or in any way exploit, any of the content, in whole or in part, for any purpose. Except as authorized in this paragraph, users are not granted a license under any copyright, trademark, service mark, patent or other intellectual property or proprietary right in the content. Under no circumstances will users obtain any rights in the products, services, processes or technology described in the content. All these rights are retained by the CapX2020 utilities, their parent companies and corporate affiliates and any third party owners of these rights. No other use of the material within this website or portion thereof is permitted without the express written consent of the CapX2020 utilities.

Unless otherwise noted, all text, maps, images, graphics, photographs, video clips, designs, icons, sounds, information, data and other materials (the content) on this website are copyrights, trademarks, service marks or other intellectual property or proprietary rights owned or licensed by the CapX2020 utilities, their parent companies or their corporate affiliates.

Links to Other Websites and References to Other Companies

References made to names, marks, products or services of third parties or hypertext links to third-party websites or information do not constitute or imply the CapX2020 utilities’ endorsement, sponsorship or recommendation of the third party. CapX2020 does not monitor or control the content of any websites linked to or from this website, and therefore it is not responsible for the content of any websites linked to this website or the terms of use or privacy practices employed by those other websites. Content and liability disclaimer content on this website may include technical inaccuracies or typographical errors, and the CapX2020 utilities are not responsible for any reliance users may place on the content. The CapX2020 utilities may make changes to the content and the products, services and programs described in the content at any time without notice.

Forward-Looking Statements

Statements on this website, other than statements of historical information, are forward-looking statements that are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from those projected. These forward-looking statements are not guarantees of future performance or that the events described on this website will occur. Users are cautioned not to place undue reliance on these forward-looking statements which speak only as of the date first posted to this website. Such risks and uncertainties include but are not limited to: economic downturns; terrorist acts upon the United States; threat of or actual war; unfavorable weather conditions; the CapX2020 utilities’ ability to obtain financing on terms acceptable to us to finance capital expenditures; actions of rating agencies and their impact on capital expenditures and growth strategy; the CapX2020 utilities’ ability to grow their operations; industry competition; implications arising from new Financial Accounting Standards Board (FASB)/governmental legislation, rulings or interpretations; the CapX2020 utilities’ reliance on government permits or approvals; and adverse consequences of current or future legal claims. In most instances forward-looking statements are identified by the words “proposed,” “anticipate,” “estimate,” “expect,” “projected,” “objective,” “outlook,” “possible,” “potential” and similar expressions. Users are also directed to other risks discussed in documents filed by the respective CapX2020 utilities with the Securities and Exchange Commission.
LEGAL NOTICES

General Disclaimers

THIS WEBSITE CONTAINS TRANSMISSION PLANNING DATA THAT MAY BE CONCEPTUAL IN NATURE AND IS SUBJECT TO CHANGE. THE TRANSMISSION PROJECTS LISTED MAY CHANGE SCOPE OR NOT BE CONSTRUCTED. PLANS AND INFORMATION PRESENTED HERE ARE SUBJECT TO CHANGE AND REFINEMENT BY THE CAPX2020 UTILITIES WITHOUT NOTICE. ALL PLANS REMAIN SUBJECT TO GOVERNMENTAL REGULATIONS AND APPROVALS, WHICH APPROVALS MAY NOT BE OBTAINED.

THIS WEBSITE IS PROVIDED FOR MARKETING PURPOSES ONLY. ALL ARTWORK, MAPS AND DEPICTIONS OF ANY NATURE ARE ARTISTS’ RENDERINGS, CONCEPTUAL ONLY AND MAY NOT FULLY OR ACCURATELY REPRESENT THE SUBJECT AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. MAPS ARE NOT TO SCALE. POTENTIAL ROUTES AS DEPICTED ARE SUBJECT TO CHANGE WITHOUT NOTICE. ANY REPRESENTATION OF A PROPOSED ROUTE IS NOT INTENDED TO REFLECT A TAKING ON THE PART OF THE CAPX2020 UTILITIES. ESTIMATED COSTS AND IN-SERVICE DATES ARE PROJECTED FIGURES ONLY AND SHOULD NOT BE RELIED ON FOR ANY PURPOSES.

THIS WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS,” AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS WEBSITE OR THE CONTENT OF THE WEBSITE ARE DISCLAIMED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OPERABILITY, USE, PERFORMANCE OR ABSENCE OF VIRUSES. USERS ASSUME ALL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM THE USE OF THIS WEBSITE AND THE INFORMATION CONTAINED ON THIS WEBSITE.

EXCEPT FOR USERS’ AGREEMENT TO ABIDE BY THE AGREEMENT, USE OF THIS WEBSITE DOES NOT CREATE ANY CONTRACT OR AGREEMENT BETWEEN USERS AND THE CAPX2020 UTILITIES, NOR ANY OBLIGATION OF THE CAPX2020 UTILITIES TO USERS. USERS AGREE NOT TO ACT IN RELIANCE UPON THE INFORMATION CONTAINED HEREIN AND WAIVE ANY CLAIM, DEMAND, CAUSE OF ACTION OR DAMAGES INCURRED AS A RESULT OF RELIANCE ON SUCH INFORMATION.

ADDITIONAL DISCLAIMERS MAY APPEAR FROM TIME TO TIME WITHIN THE BODY OF THIS WEBSITE AND ARE INCORPORATED HEREIN BY REFERENCE.

Limitation of Liability

NEITHER THE CAPX2020 UTILITIES NOR ANY OF THEIR INFORMATION PROVIDERS, PARENT COMPANIES, CORPORATE AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES (THE EXCLUDED PARTY OR PARTIES) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH EXCLUDED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF, OR OTHERWISE COULD HAVE FORESEEN, SUCH DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

USERS HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CAPX2020 UTILITIES AND THEIR CORPORATE AFFILIATES, AND THE PARTNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, ATTORNEYS AND AGENTS OF THE CAPX2020 UTILITIES AND/OR THEIR CORPORATE AFFILIATES, FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) THEY INCUR ARISING AS A RESULT OF USING THIS WEBSITE, VIOLATION OF THE TERMS OF USE, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF THE CAPX2020 UTILITIES, THEIR PARENT COMPANIES AND CORPORATE AFFILIATES OR ANY PERSON OR ENTITY.

Applicable Law

This agreement shall be governed by the laws of the state of Minnesota, excluding its conflicts of law principles.

Miscellaneous

Except as set forth in the section above entitled “Privacy Policy, Terms of Use and Legal Notices,” this agreement constitutes the final and entire agreement between users and the CapX2020 utilities regarding use of the services on the website from which this agreement was accessed. This agreement supersedes all previous and contemporaneous oral and written agreements between users and the CapX2020 utilities regarding use of the services on this website.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Effective Date of Policy

This policy was revised as of March 26, 2010.