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Last Updated on: January 1, 2021
This website (“Website”) and the MISO mobile application (“App”) are operated and maintained by Midcontinent Independent System Operator, Inc. (“MISO”). The Privacy Notice and Terms of Use (collectively “Terms”) govern your use of this Website and the App. Please read the Terms carefully before you use this Website or the App. Your use of this Website or the App constitutes your acceptance of the Terms and agreement to be bound by them. Your use of this Website and the App is conditioned upon your acceptance of and compliance with the Terms.
MISO reserves the right to modify the Terms at any time without notice to you. Any such modifications will be posted on this Website or in an update to the App. You are responsible for regularly reviewing information posted on this Website and in updates to the App. Your continued use of this Website or the App following such modifications constitutes your acceptance of the amended Terms.
You may decide to provide MISO with non-public information about yourself through: (i) direct communications from you in the form of letters, documents, electronic mail, facsimile transmissions, and telephonic or oral communications that are recorded in notes or on transcribed tapes, etc., or (ii) documents or records maintained by third parties (including businesses or government agencies) and provided to us pursuant to your written authorization.
How MISO may use information about you depends upon your activities on this Website or the App. For instance, if you identify yourself by sending an email, MISO will use such personal information to process your correspondence. Your message may be forwarded to other persons to assist you. MISO does not release non-public personal information to third parties except to further the purpose for which you provide such information or if release is required or permitted by law. In particular, MISO does not disclose your non-public personal information, or documents containing such information, except to the extent that (1) you have waived the release of such information expressly or by implication, or (2) you have instructed or authorized MISO to release such information to or file such information with third parties, such as courts, tax authorities, or other government agencies. MISO does not sell or trade non-public personal information regarding you to anyone.
If you visit this Website or the App to read or download information, MISO collects and stores the default information that is customarily logged by server software, such as: (i) the name or numeric address given to the computer, device, or server from which you connected to the Internet, (ii) the date and time you accessed this Website or the App, (iii) the type of web browser you used, and (iv) the Internet address of the website from which you linked directly to this Website.
The logs are reviewed periodically to make this Website and the App more useful to users. MISO reviews aggregated information to learn about the number of users on this Website or the App and the types of technology used by users. Except as needed to protect the security of this Website or the App, MISO does attempt to identify individual users or the particular usage patterns of individual users.
For security purposes and to ensure that this Website and the App remain available to all users, MISO's computer system may employ software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Anyone using this system expressly consents to such monitoring and is advised that if such monitoring reveals evidence of possible abuse or criminal activity, such evidence may be provided to appropriate law enforcement officials. Unauthorized attempts to upload or change information on this server are strictly prohibited and may be punishable by law.
MISO does not seek to collect personal information from children under 18 years of age. MISO does not have any content on this Website or the App that would be considered harmful to children and does not restrict children from visiting this Website or the App. However, in compliance with the Children's Online Privacy Protection Act (COPPA), MISO does not knowingly collect any specific personally identifiable information from children from this Website or the App.
This Website and the App may contain links to third party websites (“Sites”) and are provided solely as a convenience to you. Such Sites are subject to their own respective terms of use and privacy policies, which may differ from the Terms. MISO has no control over Sites and assumes no responsibility for either the content that appears on Sites or your privacy once you have linked to Sites. MISO does not endorse the content on Sites.
This Website or the App may include a combination of content that MISO creates, that are created by its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors, and that MISO's users create. All materials published on this Website or the App, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, flash animation and models are protected by MISO's copyrights or trademarks or those of MISO's subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors. You are not permitted to modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content on this Website or the App in whole or in part. Your access to and use of this Website or the App does not confer any license or ownership interest in either the form or content of this Website or the App, including any confidential information, proprietary information, or intellectual property of any kind or nature; MISO hereby expressly reserves such rights and property in their entirety.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you may upload, post, email, transmit or otherwise make available on this Website or the App (“User Content”). You certify that you own all intellectual property rights in User Content. You hereby grant MISO, its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish User Content and subsequent versions of User Content for the purposes of: (i) displaying User Content on this Website or the App, (ii) distributing User Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing User Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of User Content in any form, medium, or technology now known or later developed. Any opinions or positions contained in User Content are those of the User and may not represent the opinions or positions of MISO.
This Website or the App contain content that MISO creates as well as content provided by third parties. MISO does not guarantee the accuracy, integrity, or quality of the content on MISO's sites, and you may not rely on any of this content. Without limitation, MISO is not responsible for any User Content on MISO's sites or content provided by third parties. MISO makes no representations or warranties regarding accuracy, integrity, or quality of the content, information, and/or data on this Website or the App, and in no event shall MISO be liable for any damages of any kind, including, but not limited to, direct, indirect, general, special, incidental, or consequential damages arising out of such content, information, and/or data. You may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate, and you bear all risks associated with using that content. MISO has the right, but not the obligation, to remove any content that may, in MISO's sole discretion, violate the Terms or that is otherwise objectionable.
Unauthorized access to or use of this Website or the App is a breach of the Terms and a violation of the law. You agree not to access or use this Website or the App by any means other than through the interface that is provided by MISO for use in accessing or using this Website or the App. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of this Website or the App.
Use of this Website or the App is subject to existing laws and legal process. Nothing contained in the Terms shall limit MISO’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Website or the App.
This Website and the App are operated and maintained from the United States. MISO makes no representation that any content on this Website or the App is permissible or available for use outside of the United States. You are solely responsible for complying with the applicable laws in the jurisdiction in which you access or use this Website or the App. If you access or use this Website or the App from outside the United States, you do so at your own risk.
Some of the services offered on this Website or the App (“Services”) may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into the Terms by reference. In the event of a conflict or ambiguity between the Terms and any additional posted conditions, the provisions of the additional conditions shall prevail.
MISO has the right, but not the obligation, to take any of the following actions in its sole discretion at any time and for any reason without giving you any prior notice: (i) restrict, suspend, or terminate your access to all or any part of the Services, (ii) change, suspend, or discontinue all or any part of the Services, (iii) refuse, move, or remove any material that you submit to this Website or the App for any reason, (iv) refuse, move, or remove any content that is available on this Website or the App, and/or (v) establish general practices and limits concerning use of this Website or the App. You agree that MISO will not be liable to you or any third party for taking any of the actions listed above.
You understand and agree that the Services may include communications such as service announcements and administrative messages from MISO or from its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors and that these communications are considered part of the Services. You will not be able to opt out of receiving these messages.
MISO DOES NOT WARRANT THAT THIS WEBSITE OR THE APP WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, MISO DOES NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THIS WEBSITE OR THE APP. THIS WEBSITE, THE APP, AND THEIR CONTENT ARE DISTRIBUTED ON AN “AS IS”, “AS AVAILABLE” BASIS. ANY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THIS WEBSITE OR THE APP IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH CONTENT. NEITHER MISO NOR ANY OF ITS SUBSIDIARIES AND AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS (OWNERS, MEMBERS, PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), AGENTS, REPRESENTATIVES, CONSULTANTS, AND SUBCONTRACTORS MAKES ANY WARRANTY THAT (i) THIS WEBSITE OR THE APP WILL MEET YOUR REQUIREMENTS, (ii) THIS WEBSITE OR THE APP WILL BE COMPATIBLE WITH ALL HARDWARE, SOFTWARE, AND SERVICE PROVIDERS YOU MAY USE, (iii) THIS WEBSITE OR THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE OR THE APP WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER CONTENT THAT YOU OBTAIN THROUGH THIS WEBSITE OR THE APP WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS WILL BE CORRECTED. NEITHER MISO NOR ANY OF ITS SUBSIDIARIES AND AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS (OWNERS, MEMBERS, PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), AGENTS, REPRESENTATIVES, CONSULTANTS, AND SUBCONTRACTORS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE OR THE APP, ANY CONTENT, OR ANY OF ITS SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE OR THE APP AND THE ACCURACY OR COMPLETENESS OF CONTENT ON THIS WEBSITE OR THE APP.
IN ADDITION, MISO DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL ON THIS WEBSITE OR THE APP.
NEITHER MISO NOR ITS SUBSIDIARIES AND AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS (OWNERS, MEMBERS, PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), AGENTS, REPRESENTATIVES, CONSULTANTS, AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE APP, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MISO'S LIABILITY AND THAT OF ITS SUBSIDIARIES AND AFFILIATED COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS, PRINCIPALS (OWNERS, MEMBERS, PARTNERS, SHAREHOLDERS OR HOLDERS OF AN OWNERSHIP INTEREST, AS THE CASE MAY BE), AGENTS, REPRESENTATIVES, CONSULTANTS, AND SUBCONTRACTORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend and hold MISO, its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred in connection with any claim including, without limitation, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of: (i) your access to and use of this Website or the App, (ii) your violation of the Terms, (iii) your violation of any applicable law, (iv) your violation of any rights of any third party, or (v) any negligent or willful misconduct by you. MISO reserves the right, at MISO’s sole discretion and expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with MISO’s defense of these claims.
The App may be downloaded from a third-party application store or distribution platform (“Application Provider”). Your download, installation, access to, and use of the App is subject to the terms and conditions of the Application Provider, in addition to the Terms. To the extent that the usage rules of the Terms conflict with the Application Provider’s terms of service, the Application Provider’s terms of service will take precedence. You acknowledge and agree that the Terms are concluded between you and MISO, and not with the Application Provider. MISO is solely responsible for the App and its contents. To the extent you obtain the App from the Apple Application Store, the license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Application Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing. The Application Provider has no obligation to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify the Application Provider and the Application Provider is responsible for the refund of the purchase price for the App to you. To the maximum extent permitted by applicable law, the Application Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the responsibility of MISO and will be governed by the Terms. You acknowledge that the Application Provider is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, MISO, not the Application Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You must comply with all applicable third-party terms of agreement when using the App. You acknowledge and agree that the Application Provider and the Application Provider’s subsidiaries are third party beneficiaries of the Terms as the Terms relate to the App, and that upon your acceptance of the Terms, the Applicable Provider will have the right (and will be deemed to have accepted that right) to enforce the Terms against you as a third party beneficiary hereof. You represent and warrant that (1) you are not located in a country that is subject to a United States Government embargo, or country that has been designated by the United States Government as a “terrorist supporting” country, and (2) you are not listed on any United States Government list of prohibited or restricted parties.
The Terms shall be construed in accordance with the laws of the State of Indiana, without regard to conflicts of laws principles, and the parties irrevocably consent to bring any action to enforce the Terms before an arbitration panel or before a court of competent jurisdiction in Indianapolis, Indiana. MISO may elect to resolve any controversy or claim arising out of or relating to the Terms by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Indianapolis, Indiana, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or MISO may seek any interim or preliminary relief from a court of competent jurisdiction in Indianapolis, Indiana necessary to protect the rights or property of you or MISO, its subsidiaries and affiliated companies, employees, officers, directors, principals (owners, members, partners, shareholders or holders of an ownership interest, as the case may be), agents, representatives, consultants, and subcontractors pending the completion of arbitration.
No agency, fiduciary, partnership, joint venture, or employer and employee relationship is intended or created by the Terms or your access to or use of this Website or the App. You agree to use this Website and the App in compliance with all applicable laws and regulations. MISO reserves the right to suspend, disable, or change this Website or the App at any time without notice. MISO's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. 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 this Website, the App, or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Terms, including all terms, conditions, and policies that are incorporated into the Terms by reference, constitute the entire agreement between you and MISO and govern your use of this Website and the App, superseding any prior agreements that you may have with MISO. If any part of the Terms 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 Terms shall continue in effect.
All inquiries regarding the Terms should be addressed to:
Office of General Counsel
Midcontinent Independent System Operator, Inc.
720 City Center Drive
Carmel, IN 46032
Phone: 317-249-5400
Fax: 317-249-5912
Email: legalnotice@misoenergy.org