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Naperville Energy Information Dashboard (Empower) User Agreement Terms and Conditions
The City of Naperville's Utility Information Dashboard (Empower) provides users with secure access to information about their electrical and water consumption data. By registering for or using Empower any information or data made available through this website, the User, agrees to all the conditions stated in the following paragraphs. Any information submitted via Naperville’s website may be considered a public record and may be subject to disclosure to third parties. The City of Naperville (“the City”) reserves the right to amend these terms at any time and without further notice.
Disclaimer
EMPOWER IS MADE AVAILABLE FOR GENERAL REFERENCE ONLY AND MAY NOT REFLECT OFFICIAL POSITIONS OF THE CITY OF NAPERVILLE.
IT IS UNDERSTOOD THAT THE INFORMATION CONTAINED ON EMPOWER IS BEING USED SOLELY AT THE USER’S OWN RISK.
NEITHER THE CITY OF NAPERVILLE, NOR ANY DEPARTMENT, OFFICER NOR EMPLOYEE OF THE CITY OF NAPERVILLE WARRANTS THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION ON EMPOWER AND MAY NOT BE HELD LIABLE FOR ANY LOSSES CAUSED BY RELIANCE ON THE ACCURACY, RELIABILITY OR TIMELINESS OF SUCH INFORMATION. INFORMATION ON EMPOWER IS NOT VERIFIED AND MAY BE INCORRECT OR NOT CURRENT. ANY PERSON OR ENTITY THAT RELIES ON ANY INFORMATION OBTAINED FROM EMPOWER DOES SO AT HIS/HER OWN RISK.
THE CITY OF NAPERVILLE, ITS DEPARTMENTS, OFFICERS AND EMPLOYEES DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THE USE OR MISUSE OF ANY MATERIAL, DATA OR INFORMATION PROVIDED ON EMPOWER AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO EXPRESS AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Appearance
The information and features included on Empower have been compiled from a variety of sources and are subject to change at any time without notice. Users should be aware that the information available on Empower may not be timely, accurate or complete, and may not reflect official positions of the City. Notify the City of any errors that come to your attention as you use Empower.
The City reserves the right to modify and/or discontinue providing Empower or User access at any time and to terminate Empower at any time without further notice or require the termination of User access for any reason including; without limitation, violation of any provision of these User Agreement Terms and Conditions.
There may be an occasional need to change the data format or schema as the data is modified and/or updates or addendums to the data are completed. Such changes may be done at any time for any reason without further notice.
Password Policy
Use of Empower requires both a User Name (“User Name”) and a password (“Password”). During the registration process for Empower, User must choose a unique sign-on User Name and Password. Each User Name and corresponding Password can only be used by one individual or entity.
User Name: Must include no less than six (6), but no more than thirty (30) characters.
Password: The Password must include at least eight (8) characters; which shall include one (1) number, one (1) symbol and one (1) special character.
Anyone obtaining your User Name and Password can gain access to Empower and the information that is available regarding User’s account. Accordingly, keep your User Name and Password confidential.
By agreeing to the terms and conditions of this Empower Usage Agreement, User agrees that User are solely responsible for the confidentiality and use of your User Name and Password, as well as for any communications entered on, or account settings authorized, through the use of your User Name and Password into Empower.
User hereby agree that as a condition of User’s use of Empower, should User believe that your User Name or Password has been lost, stolen, or that User’s Empower account has been accessed without User’s permission, User shall notify the City of Naperville as soon as possible at:
(630) 420-6059
Monday, Tuesday, Thursday and Friday, from 7:30 a.m. - 5 p.m.
Wednesday from 10 a.m. - 2 p.m.
The City reserves the right to reset any Passwords that may have been lost or stolen.
Confidentiality on Internet
The City may collect User’s IP address and domain name. The City may also use “cookies” as part of its interaction with User’s browser. “Cookies” consist of files of information that a transfer to a site visitor’s hard drive to track site and user activity. Many websites use cookies; however, most browsers enable User to refuse cookies or to determine if and how cookies will be accepted by User’s hard drive.
The City is not responsible for any loss resulting from User’s use of Empower, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars or governmental restrictions.
The City will store and protect this information in the same manner it stores and protects other personal user information. The City will only disclose information to third parties about User’s account or billing information where it is necessary for completing transactions or to verify the existence and condition of User’s account as required by applicable law, court order, or upon User’s written consent.
The City does, however, reserve the right to provide non-personal identifying information such as aggregate data to third parties. The City only collects personal information to the extent deemed reasonably necessary to serve its legitimate business purposes. The City uses industry standard security technology to ensure the security, integrity and privacy of personal information. Nonetheless, the City is not responsible for any breach of its security or for the actions of any third parties that may obtain any personal information.
The City has taken steps to safeguard the integrity of its data and prevent unauthorized access to information it maintains. Security measures have been integrated into the design, implementation and day-to-day practices of the operating environment as part of the City’s commitment to risk management. These measures are intended to prevent corruption of data, block unknown or unauthorized access to the City’s systems and information, and to provide reasonable protection of private information in the City’s possession. This information should not be construed in any way as giving business, legal, or other advice, or warranting as fail proof, the security of information provided via Empower.
Security of Site
The City uses industry standard practices to safeguard the confidentiality of User’s personal information, including encryption, using secure sockets layer (SSL). The City will take reasonable precautions to safeguard the confidentiality of such information. User agrees that by User’s voluntary participation in Empower, User waives and may NOT be held liable for any and all injuries, damages, or causes of action, of whatever kind, including, but not limited to those actions caused by the disclosure of User’s confidential information, whether caused by security breach, accident, inadvertence, or any other act resulting in disclosure.
Use of Empower is solely at User’s own risk and is subject to all applicable local, state, national and international laws and regulations. Although the City has endeavored to create a secure and reliable service, the confidentiality of any communication transmitted over the Internet cannot be guaranteed. Accordingly, the City and its affiliates are not responsible for the security of any information transmitted via the Internet. Actual or attempted unauthorized use of Empower may result in criminal and/or civil prosecution. The City reserves the right to view, monitor and record activity on Empower without notice or permission from User. Any information obtained by monitoring, reviewing or recording is subject to disclosure pursuant to local, state or federal law or upon court order.
Registration; Participation; Limitation
By registering, User represents and warrants that:
- User are the primary customer on this account or the primary customer has conveyed their authority to register and participate in the Empower User Agreement to User;
- User is at least 18 years old and are legally able to enter and accept the terms and conditions of this Agreement;
- User is using User’s actual identity and that any information User provides to the City is accurate and complete and User’s registration with the City and the use of Empower will not violate any local, state, national or international laws or regulations;
- If User is accepting for an organization, User represents that User is authorized to bind that organization, and where the context requires, “User” means the organization.
Other Terms and Conditions
The terms and conditions set forth herein are in addition to and are not by way of limitation to any tariffs or other regulations governing the terms and conditions pursuant to which the City provides User utility service and related services or the terms and conditions pursuant to which the City provides User use of the City website. This Agreement shall be governed by the laws of Illinois, without regard to the choice of law or conflict of law rules thereof. Venue for any action, whether in law or in equity, related to this Agreement shall be in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois.
User may use this Site for lawful purposes only. User is prohibited from using this Site, or transmitting to or through this Site:
- Material which is profane, obscene or pornographic.
- Material which is abusive, discriminatory or hateful on account of race, national origin, religion, age, gender, disability or sexual orientation.
- Threats, personal attacks, harassment or advocating the harassment of another person.
- Solicitations or advertisements.
- Potentially libelous statements or material.
- Impersonating any person or entity or falsely misrepresenting your affiliation with any other person or entity.
- Behavior invasive of another person's or entity's privacy.
- Promoting or providing information that User knows to be false or misleading.
- Promoting or providing instructional information about illegal activities.
- Infringing any patent, copyright, trademark, service mark, trade secret or other proprietary right of any other party.
- Taking any action which disrupts the operation of the Service.
- Material that would contribute to a civil or criminal offense, otherwise violates any law.
Legal
Communications made through Empower in no way constitute a legal or official notice to the City of Naperville or its departments or any official or employee of the City of Naperville for any purpose.
These terms should not be construed as legal advice. These terms are not presented as a complete or accurate recitation of any or all applicable regulations. The use or misuse of any material, data or information provided on this site may have implications under Federal, State and local laws that are frequently amended and are at times subject to interpretation. User should seek appropriate legal or other professional advice to address specific facts and circumstances.