Terms and Conditions
For DTE Energy and Affiliate Internet Websites
Last Modified: February 5, 2015
DTE Energy Company ("DTE Energy") and its affiliated companies (individually referred to as an "Affiliate" or collectively referred to as "Affiliates") provide this Web SITE and other Affiliate SITEs (individually referred to as a "SITE", or collectively referred to as "SITEs") and related services subject to the following Terms and Conditions and the SITE user's compliance with the Terms and Conditions set forth below. By accessing any DTE Energy SITEs, the user indicates acknowledgment and acceptance of any applicable Terms and Conditions. Please read the following information carefully.
These Terms and Conditions apply to the SITEs, subject to the conditions stated below. An Affiliate is a legal entity that is at least 50 percent owned by either DTE Energy or a direct or indirect subsidiary of DTE Energy. An Affiliate may have its own SITE. An Affiliate SITE may have additional Terms and Conditions, that apply to that SITE. These Terms and Conditions apply also to an Affiliate SITE, unless otherwise indicated within the Affiliate SITE or modified by specific Terms and Conditions applicable to the Affiliate SITE. To the extent there is a conflict between these Terms and Conditions and the Terms and Conditions (regardless of how denominated) of the Affiliate SITE, the Terms and Conditions of the Affiliate SITE will control.
2. LAWS AND REGULATIONS
User access to and use of a SITE is subject to all applicable international, federal, state and local laws and regulations.
3. COPYRIGHT INFORMATION
All pages within a SITE are the property of DTE Energy or its Affiliate, unless other ownership is indicated. All information and content, including any software programs available on or through a SITE are protected by copyright. A user is permitted to download information from a SITE that, by its nature or context, is to be copied in order to use SITE-related services. A user is permitted to download information from a SITE for private personal use. A user is prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through a SITE for any commercial or public purpose unless the user has the prior written permission of DTE Energy or its Affiliate.
4. TRADE NAMES AND TRADEMARKS
DTE ENERGY COMPANY, and the names of all Affiliates are trade names and/or service marks or trademarks of DTE Energy or its Affiliates. Know Your Own Power®, BudgetWise Billing®, GreenCurrents®, CoolCurrents®, BioGreenGas®, SolarCurrents® and SmartCurrentsSM are registered trademarks or service marks of The DTE Electric Company. Home Protection Plus® is a trademark of DTE Gas Company. The "Head/Corona" logo are trademarks or service marks of DTE Energy or its Affiliates. All other trademarks, service marks and logos used in a SITE are the trademarks, service marks or logos of DTE Energy, the respective Affiliate, or other third party owners.
Users of a SITE are prohibited from using any DTE Energy or Affiliate trade name, trademark, or service mark for any purpose without the written permission of DTE Energy. This includes but is not limited to use as metatags on other pages or SITEs on the World Wide Web.
5. RISK ASSUMPTION
Unless specifically provided for in the content of a SITE, a user of a SITE assumes total responsibility and risk of use of the SITE and related services.
6. SITE ACCURACY
Although DTE Energy and its Affiliates attempt to ensure the integrity and accuracy of all SITEs, the information, software, products and descriptions of services published on a SITE may include inaccuracies or typographical errors. Other than as required under applicable law or regulation, DTE Energy and its affiliates specifically disclaim any liability for any inaccuracies or errors on a SITE or a linked SITE.
Other than as required under applicable law or regulation, DTE Energy and its affiliates do not endorse and are not responsible for (a) the accuracy or reliability of any opinion, advice or statement made by any party through a SITE or a linked SITE, or (b) the capabilities or reliability of any product or service obtained from a linked SITE.
Other than as required under applicable law or regulation, it is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice, or other content available through a SITE, or obtained from a linked SITE. A user agrees to seek the advice of a professional, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
7. WARRANTY DISCLAIMER
All content, products, and services on a SITE or referenced on a SITE, or obtained from a SITE to which a SITE is linked (a linked SITE) are provided "as is" without warranty of any kind either express, implied or statutory, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
8. LIMITATION OF LIABILITY FOR USE OF A SITE
Other than as required under applicable law or regulation, DTE Energy and its affiliates and any of their respective officers, directors, employees, or agents are not liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with or relating in any way to a SITE, SITE-related services and/or content or information contained within a SITE, the use of a SITE or a linked SITE, or with the delay or inability to use a SITE or a linked SITE, even if DTE Energy and its affiliates are made aware of the possibility of such damages. This limitation of liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., a user cannot access his/her internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. DTE Energy and its affiliates cannot and do not guarantee continuous, uninterrupted or secure access to a SITE.
Other than as required under applicable law or regulation, under no circumstance will DTE Energy or its affiliates be liable for any loss or damage caused by a user's reliance on information obtained through a SITE or a linked SITE, or user's reliance on any product or service obtained from a linked SITE.
9. LIMITATION OF REMEDY
Unless specifically provided by law or otherwise stated specifically in a SITE, a user's sole remedy for problems with a SITE and/or SITE-related services is to notify DTE Energy or the applicable affiliate of any problems with the SITE. DTE Energy's or an affiliate's sole obligation will be to attempt to correct any problems with the SITE.
10. LIMITATION OF LIABILITY FOR SERVICES ARRANGED THROUGH THE SITE WITH ENTITIES OTHER THAN DTE ENERGY OR ITS AFFILIATE
For products or services obtained from third parties, other than DTE Energy or an affiliate, user agrees that DTE Energy or its affiliate is a mere facilitator for the provider of products or services available through the SITE. Any and all claims regarding any failure or breach with respect to a product or service offered through the SITE are limited to claims against the product or service provider. DTE Energy and its affiliates hereby disclaim any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, in connection with the goods or services provided by a third party through the SITE, including, without limitation, liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligent or otherwise, of such third party supplier.
11. LINKED INTERNET SITEs
DTE Energy and its Affiliates prohibit caching, unauthorized hypertext links to a SITE and the framing of any Content available through a SITE. DTE Energy and its Affiliates reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the content available on any other Internet SITEs linked to a SITE. Access to any other Internet SITEs linked to a SITE is at the user's own risk.
DTE Energy offers text messaging services that allow you to receive DTE communications on your mobile device.
These messages include updates on your account, billing information and marketing materials.
Opt-out: You may opt out by texting "STOP" to 383898. Text HELP to 383898 for help.
Stay up to date on your current power outage! Messages include status updates and power restoration estimates.
Opt-out: You may opt out by texting "STOP" to 383688. Text HELP to 383688 for help.
Billing & Programs (DTENRG-383674)
Stay on top of your bill and payments. Messages include information on your current bill and payments.
Opt-out: You may opt out by texting "STOP" to 383674. Text HELP to 383674 for help.
Energy Efficiency Programs (80565)
Messages include information on how to save money and energy.
Opt-out: You may opt out by texting "DTESTOP" to 80565. Text HELP to 80565 for help.
Short Message Service (SMS) is a text messaging feature offered on a phone, application, or mobile device that allows you to send messages from one device to another.
- Your carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. DTE Energy does not charge for any content however downloadable content may incur additional charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All charges are billed by and payable to your mobile service provider.
- By subscribing, you consent to receiving up to 6 SMS messages per month using automated technology. Outage subscribers may receive up to 5 additional messages per event. You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges.
- We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
- Data obtained from you in connection with this SMS service only include your cell phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services or programs you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
- The service and the content and materials received through the service are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
- The service is available only in the United States.
- We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event that your wireless service terminates or lapses. We may discontinue the service at any time.
AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, Alltel, U.S. Cellular, Cellular One, MetroPCS, ACS/Alaska, Bluegrass Cellular, Cellular One of East Central Illinois, Centennial Wireless, Cox Communications, EKN/Appalachian Wireless, GCI, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, Nex-Tech Wireless, Rural Cellular Corporation, Thumb Cellular, United Wireless, West Central (WCC), Cellcom, C Spire Wireless, Cricket, Cincinnati Bell and Virgin Mobile and others
13. CONFIDENTIALITY OF USER COMMUNICATIONS
[Applies to message boards or chat rooms on a SITE.] DTE Energy and its Affiliates are under no obligation to review any messages, information, or Content ("Postings") posted on a SITE by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, DTE Energy or its Affiliate may from time to time monitor the Postings on a SITE and may decline to accept and/or may remove any Postings that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind. [Note - This does not apply to a SITE with message boards containing classified advertisements.]
- Messages posted by users impersonating others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of DTE Energy or its Affiliates purporting to speak on behalf of DTE Energy or its Affiliates or containing confidential information or expressing opinions concerning DTE Energy or its Affiliates.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
15. TRANSMISSION OF PERSONAL DATA
[Applies to a SITE through which proprietary Customer account data may be transmitted.] User acknowledges and agrees that by providing DTE Energy or an Affiliate with any personal or proprietary user information through a SITE, the user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with DTE Energy or its Affiliates' standard business practices.
User should be aware that Linked SITEs might contain transmission of personal data provisions that differ from the provisions provided herein. DTE Energy and its affiliates are not responsible for such provisions, and expressly disclaim any and all liability related to such provisions.
Customers of DTE Energy or an Affiliate may receive solicitations derived from customer lists obtained from non-SITE-related sources. Such solicitations do not result from Web SITE contacts.
16. USERS BOUND BY SITE CONTENT OR CHANGES TO SITE CONTENT
DTE Energy or an Affiliate may make changes or improvements to a SITE or to information on a SITE at any time. Changes may be made to a Linked SITE at any time. Users of a SITE or a Linked SITE are deemed to be apprised of, and bound by, the Content or terms and conditions appearing on a SITE or a Linked SITE as of the date of use of the SITE or Linked SITE.
17. USERS BOUND BY SITE Terms and Conditions OR CHANGES TO SITE Terms and Conditions
DTE Energy and its Affiliates reserve the right to revise these Terms and Conditions at any time. Third parties may change their Terms and Conditions of Linked SITEs at any time. Users of a SITE or a Linked SITE are deemed to be apprised of, and bound by, any version of the Terms and Conditions of a SITE or a Linked SITE referenced on the SITE or Linked SITE as of the date of use of the SITE or Linked SITE.
18. VIOLATIONS OF Terms and Conditions OR SITE CONTENT
DTE Energy and its Affiliates reserve the right to seek all remedies available at law or in equity for violations of these Terms and Conditions or SITE Content, including the right to block access from a particular Internet address to a SITE.
19. ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure areas of a SITE is restricted to authorized users only. Unauthorized individuals attempting to access these areas of a SITE may be subject to prosecution.
20. USE OF "COOKIE" FILE FEATURES
21. JURISDICTION/GOVERNING LAW
Users of this SITE agree to submit to the laws of the State of Michigan, USA and applicable federal law without regard to conflicts of laws principles.