TERMS of USE for AEP Ohio Business Incentives Program Dashboard

Last update: December 14th 2013

1. USE OF AEP Ohio Business Incentives Program Dashboard

1.1 General

These terms of use (“Terms”) for AEP Ohio Business Incentives Program Dashboard contains the terms and conditions that govern your access to and use of AEP Ohio Business Incentives Program Dashboard and the services (“Included Services”) provided to you through this site (“AEP Ohio Business Incentives Program Dashboard”) and is an agreement (“Agreement”) between DNV GL AS (“DNV GL”) and you or the entity you represent (“you”). This Agreement takes effect when you click the “Login” button or check box presented with these terms or, if earlier, when you use any of the Included Services. You represent to us that you are lawfully able to enter into agreements. If you are entering into this Agreement for an entity, you represent to us that have legal authority to bind that entity.

You may access and use AEP Ohio Business Incentives Program Dashboard and the Integrated Services in accordance with these Terms. You will adhere to all laws, rules and regulations applicable to your use of AEP Ohio Business Incentives Program Dashboard, including the Privacy Statement. Special user terms may apply to some of the Included Services, as stated below under chapter 1.3, and in case of contradictions between these provisions, the special terms shall prevail.

1.2 Use of AEP Ohio Business Incentives Program Dashboard

You are hereby given a right to use AEP Ohio Business Incentives Program Dashboard for internal business purposes only.

AEP Ohio Business Incentives Program Dashboard may not be used in any manner or for any purpose other than as expressly permitted by these Terms. You may not attempt to:

· a) Interfere with the intended and efficient functioning of AEP Ohio Business Incentives Program Dashboard.

· b) Reverse engineer, disassemble, or decompile AEP Ohio Business Incentives Program Dashboard or apply any other process or procedure to derive the source code of any software included in AEP Ohio Business Incentives Program Dashboard.

· c) Resell or sublicense AEP Ohio Business Incentives Program Dashboard

You are responsible for maintaining the confidentiality of your registration information, including your user ID and password and for any and all activity that occurs on your account. You agree that you will immediately notify DNV GL of any unauthorized use of your user ID and/or password and that you will not allow any third party to use your account.

1.3 Special user terms for some of the Included Services

1.3.1 DNV GL service documents including rules and standards

The content of the DNV GL service documents made available to you for downloading is the subject of intellectual property rights reserved by DNV GL Energy Services USA, Inc.. You are grated a right to download the documents in electronic format and a right to use the documents with the following restrictions: by downloading the documents you acknowledge and accept that user restrictions may apply to some of the documents. Such user restrictions will be found at the front page of the relevant documents and will typically restrict your ability to use the documents to offer classification, certification and/or verification services, including the issuance of certificates and/or declarations of conformity. DNV GL is not responsible for the consequences arising from any use of these documents. It is strictly prohibited to upload any of these documents to the internet and/or an intranet without DNV GL’s explicit prior written consent.

Important information: The electronic PDF version of any document made available herein is the officially binding version of that document.

2. CHANGES

DNV GL may change or discontinue any of the Included Services or change and remove features or functionality at any time.

3. TERMINATION

3.1 Term

This Agreement will remain in effect until terminated in accordance with article 3.2.

3.2 Termination

· (a) Termination for convenience. You may terminate this Agreement for any reason with 30 days advance notice. DNV GL may terminate this Agreement for any reason by providing you 30 days advance notice.

· (b) Termination for cause. Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period.

· (c) By DNV GL. DNV GL may also terminate this Agreement immediately upon notice to you (1) if DNV GL’s relationship with a third party partner who provides software or other technology DNV GL use to provide the Included Services expires, terminates or requires DNV GL to change the way we provide the software or other technology as part of the Included Services, (2) if DNV GL believes providing AEP Ohio Business Incentives Program Dashboard could create a substantial economic or technical burden or material security risk for DNV GL, (3) in order to comply with the law or requests of governmental entities, or (4) if DNV GL determines that the delivery of AEP Ohio Business Incentives Program Dashboard has become impractical or unfeasible for any legal or regulatory reason.

4. INDEMNITY

You agree to indemnify and hold DNV GL, and its officers, employees, representatives, contractors and agents ("Indemnified Parties") harmless from any liability, loss, claim and expense, including attorneys' fees and expenses, related to your violation of these Terms or your use of AEP Ohio Business Incentives Program Dashboard.

5. DISCLAIMER AND LIMITATION OF LIABILITY

While DNV GL uses reasonable efforts to include accurate and up-to-date information on the AEP Ohio Business Incentives Program Dashboard, DNV GL makes no warranties or representations as to its accuracy, currency or completeness.

DNV GL assumes no liability or responsibility for any errors or omissions in the content on AEP Ohio Business Incentives Program Dashboard. To the extent permitted by applicable law, everything on AEP Ohio Business Incentives Program Dashboard is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. To the extent permitted by applicable law, in no event will DNV GL be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with AEP Ohio Business Incentives Program Dashboard or the use or reliance upon any of the content or any information accessed from AEP Ohio Business Incentives Program Dashboard.

6. CONFIDENTIALITY

Both parties agree not to disclose to any third party without the prior written consent of the other party, any confidential information obtained from the other party. Confidential information ("Confidential Information") means any and all information disclosed verbally, electronically, visually, or in a written or other tangible form which is either identified or should be reasonably understood by the recipient party to be confidential or proprietary to the other party. Confidential Information includes, but is not limited to, trade secrets, computer programs, software, formulas, data, inventions, techniques, documentation, marketing plans, strategies, forecasts, third party confidential information and customer lists.

However, each party shall be free to disclose such information as is:

· a) known prior to the information being disclosed by the other party, or

· b) part of the public domain at the time of disclosure, or

· c) required to be disclosed by public authorities in accordance with applicable law.

7. COPYRIGHT

8. GOVERNING LAW

By accessing AEP Ohio Business Incentives Program Dashboard and the information contained therein, you agree that any claim you may have against DNV GL in contract, tort or otherwise in respect of any information or advice expressly or impliedly given on AEP Ohio Business Incentives Program Dashboard, or in respect of any inaccuracy herein or omission herefrom, shall be governed by the laws of Norway.

9. REVISION TO TERMS AND AEP Ohio Business Incentives Program Dashboard

DNV GL may change or update the information posted on AEP Ohio Business Incentives Program Dashboard without notice. DNV GL reserves the right to change these Terms periodically, without providing individual notice. All such changes will take effect once they have been posted on AEP Ohio Business Incentives Program Dashboard. You agree that it is your responsibility to monitor such updates and that your continued use of AEP Ohio Business Incentives Program Dashboard after such revisions will constitute your full acceptance of such revised terms and conditions. These Terms were last updated on the date listed at the beginning of these Terms.

PRIVACY STATEMENT

DNV GL regards your privacy as important and is committed to protecting it. This Privacy Statement takes effect when you click the “Login” button presented with this Privacy Statement or, if earlier, when you use any of the Included Services.

1. Monitoring of site traffic to AEP Ohio Business Incentives Program Dashboard

DNV GL collects anonymous information about every visit to AEP Ohio Business Incentives Program Dashboard to improve the performance of this site.

2. Cookies

DNV GL uses cookies in order to provide better service and to address security hazards. No cookie will contain information that will enable anyone to contact you via telephone, email, or any other means. You can set up your web browser to inform you when cookies are set or to prevent cookies from being set. Please note that if you have chosen to disable cookies on your browser, your use of the AEP Ohio Business Incentives Program Dashboard might be limited.

3. Submission and Use of Personal Information

If you submit any personal information to DNV GL in connection with AEP Ohio Business Incentives Program Dashboard by completing requests for information or any form (for example, providing your name, company name, street or email address or your telephone number or signing up for email updates and alerts), DNV GL may collect, retain, use and share that information in aggregated or un-aggregated form. DNV GL may use your personal information to respond to your queries, to send you email alerts and updates or other marketing information.

DNV GL may use the information you provide to provide you with information about DNV GL and about our services and products. Moreover, DNV GL may share your information among DNV GL’s affiliates. Also, DNV GL may from time to time transfer information to third parties who analyze such information on behalf of DNV GL. The information provided by you may in anonymous form also be used to generate statistical information. DNV GL shall have the owner and user rights to this statistical information.

Some of the companies your information could be provided to as described above and some of DNV GL affiliates may reside in countries other than your own. As a result, your personal information may be transferred out of the country in which you reside. To the extent that personal information is provided by you, you hereby accept that this personal information could be transferred and stored in other countries than the country you reside in in accordance with applicable legislation.

Please note that DNV GL is headquartered in Norway and that you by submitting such information, to the extent you submit any information from outside of Norway, agree to it being transferred to Norway.

Notwithstanding the foregoing, there may be circumstances in which DNV GL may be required under the terms of a subpoena or order issued by a court or by a governmental body or pursuant to a law, decree, regulation, order, ruling, judgment, injunction, or the like to disclose information about you and/or your use of AEP Ohio Business Incentives Program Dashboard.

4. Revision of the Privacy Statement

DNV GL may change or update the Privacy Statement without notice. All such changes will take effect once they have been posted on AEP Ohio Business Incentives Program Dashboard. You agree that it is your responsibility to monitor such updates and that your continued use of AEP Ohio Business Incentives Program Dashboard after such revisions will constitute your full acceptance of the amendments to the Privacy Statement. The Privacy Statement was last updated on the date stated at the beginning of this Privacy Statement.