Please read these Terms carefully. By accessing or using the Website or the Application, you agree to be bound by the Terms. If you disagree with any of the Terms, you are prohibited from accessing the Website or the Application. Certain services available through the Website or the Application may have their own terms and conditions that apply to your purchase or use of that particular service. If you do not wish to be bound by these Terms, do not use the Website or Application and uninstall the Application.
Scope of the Terms
The Terms do not apply to your use of any other products or services provided by OG&E. Some pages of the Website contain links to other websites, including websites of third parties who are acting on our behalf as our agents, suppliers, or providers. These other websites are not operated by OG&E and have their own terms of service that you should read before you use them.
Updates to Terms
OG&E reserves the right to change, add or remove portions of these Terms at any time at its sole discretion. Any and all changes to the Terms will be posted on the www.oge.com site, including the date it was last revised. The Terms shall become effective immediately upon posting. You are responsible for reviewing the Terms prior to each use of the Website and the Application; by continuing to use the Website and the Application, you agree to any changes. You can reject any new, revised, or additional terms by discontinuing the use of the Website and the Application.
Content on the Website
The content of the Website and the Application are intended for your personal, noncommercial use. All materials published on the Website and the Application (including, but not limited to, photographs, images, illustrations, audio clips, and video clips, also known as the “Content”) are owned or controlled by OG&E or the party credited as the provider of the Content. All copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”) are owned or controlled by OG&E, our licensors, and other third parties. Except as otherwise noted, all right, title, and interest in and to the Content and Intellectual Property available via the Website and the Application is the property of OG&E, our licensors, or certain other third parties and are protected by U.S. and international copyright, trademark, trade dress, patent and/or other unfair competition rights and laws to the fullest extent possible. OG&E’s Intellectual Property may not be used in any way, including in advertising or publicity pertaining to the distribution of materials on this Website, without prior written permission.
Links to Third Party Sites
The Website and the Application may contain links to third-party websites, resources, and advertisers (collectively “Third-Party Content”). You understand and agree that OG&E does not control, endorse, sponsor, recommend or otherwise accept liability for any of this Third-Party Content. As such, we are not responsible for the availability of these outside resources or their content, accuracy, reliability, or privacy practices. Any concerns regarding any of this content should be directed to the appropriate Website. OG&E provides links merely as a convenience, and the inclusion of such links does not represent or imply OG&E’s endorsement of the links or any third party that may be associated with those links.
Creation of Account
The Website and the Application allow users to create accounts. You may be required to set up an account in order to access or use some of the features and services within the Website or the Application. To establish an account, you must complete the account registration process and provide us with the requested current, complete and accurate information. You are responsible for keeping your registration and account information current, accurate, and complete. You will be asked to choose a username and password as part of the registration process. You must use a username and password (“Password”) to create an account.
Your Password has the same effect as your written signature in connection with the Website or the Application and can be used to access your account information. Your Password must be kept confidential at all times and should not be provided to any other party. You are not allowed to share your registration login credentials or give your login credentials to anyone else. You are responsible for keeping your Password confidential and protecting it against improper and unauthorized use. You are solely liable for any and all transactions, entries, or instructions initiated through the use of your Password and any and all claims, losses, damages, expenses, and costs incurred by the improper or unauthorized use of your Password and/or the use of your Password by others. If you believe that your Password has been lost or stolen, that someone has improperly accessed your account without your permission, or your password’s security has been compromised in any way, please contact OG&E immediately.
The Website and the Application is intended for adults, and you must be thirteen (13) years or older to create an account on the Website or the Application. By creating an account, you represent, warrant, and agree that you are at least thirteen (13) years of age or older, and if under the age of eighteen (18) or the age of majority as that is defined in your jurisdiction, you will only use the Website and the Application under the supervision of a parent, legal guardian, or another responsible adult.
Notices and Alerts
By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address. You can change your e-mail address and password when you access the Website or the Application. It is your responsibility to update or change your e-mail address as appropriate. Notices will be provided in the text of the e-mail or through a link to the relevant page on the Website or section of the Application.
In addition to Notices, OG&E may, from time to time, send automatic e-mail alerts (“Alerts”) to you confirming certain changes made online to your account, such as a change in your enrollment profile information or weekly energy summary report.
Because Alerts are not encrypted, we will never include your account number or other personal identification information. However, Alerts may include your Account ID for the Website or Application and some information about your account(s), such as the service address.
You understand and agree that any e-mail or posted alerts provided to you may be delayed or prevented by various factors. OG&E does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any Alerts. You also agree that OG&E shall not be liable for any delays, failure to deliver, or misdirected delivery of any Alerts, for any errors in the content, or any actions taken or not taken by you or any third party in reliance on any Alerts.
Information Submitted by Users
The Website and the Application allow users to submit messages to OG&E. You are solely responsible for the content of your submissions to the Website or the Application. You shall not upload, distribute or otherwise publish any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material to the Website or the Application. You agree that you will not threaten or verbally abuse employees or agents of OG&E or other users of the Website or the Application or use defamatory language.
You agree not to use language that abuses or discriminates based on race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Website or the Application.
Billing and Payment
To pay your account online or to order or pay for other services that may be made available through the Website and the Application, you must provide certain information, including but not limited to your banking information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY BANK ACCOUNT OR OTHER PAYMENT METHOD THAT YOU USE FOR ANY TRANSACTION. By providing such information, you grant us and any required third parties the right to deliver and transmit such data to facilitate the completion of transactions initiated by you or on your behalf. It may be necessary to verify the information before a transaction can be acknowledged or completed. You also acknowledge and agree that in order for you to be able to pay your account online or to order or pay for other services that may be made available through the Website and the Application, you may be required to use or access products, applications or sites provided by third parties. Your use of or access to such third-party products, applications, or sites is subject to the Terms and any terms of services provided by these third parties. OG&E reserves the right, without prior notice, to discontinue or suspend your account or any access to third-party products, applications, or sites in connection with any actual or suspected unauthorized or fraudulent use of your account. We reserve the right to seek all remedies available by law and in equity for violations of any of the Terms.
Use of the Website or the Application for any activity that violates, or constitutes an attempt to violate, any local, state, federal or international law, order, ordinance, rule, or regulation, is a violation of the Terms.
If you choose to access or use the Website or the Application, you agree that you must access or use them in a responsible manner. By accessing or using the Website and the Application, you agree that you will: (1) comply with all applicable laws, rules, and regulations in accessing or using the Website or the Application; (2) not access or use the Website or the Application for any improper or unlawful purpose including, but not limited to any access or use that is obscene, tortious, threatening, harassing, abusive, or that violates any privacy rights; (3) not upload, post, e-mail, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, or interfere with the functionality of the Website or the Application including any computer software, hardware or other equipment; (4) not use the Website or the Application for any advertising, promotional or commercial purpose for you or any third party without our prior written approval, and (5) not misuse any content on the Website and the Application.
You also agree not to (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application for any purpose; (b) modify, adapt, improve, or create any derivative work from the Application; or (c) circumvent, disable or tamper with any security-related components or other protective measures applicable to the Application. Access to and use of secure areas of the Website, including password-protected areas, is restricted to authorized users only. If you attempt to access these areas of the Website without the proper authorization, you may be subject to civil and/or criminal proceedings.
You are prohibited from violating or attempting to violate the security of the Website or the Application, including, without limitation, (a) accessing data not intended for the user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website or the Application, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. OG&E will investigate occurrences involving such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations. You agree not to use any device or software to interfere or attempt to interfere with the proper working of the Website or the Application.
OG&E makes no representations about the reliability of the Website or the Application, including but not limited to its features, the Content thereon, or any user-generated content.
THE WEBSITE AND THE APPLICATION ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT 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. YOU HEREBY ACKNOWLEDGE THAT THE USE OF THE WEBSITE AND THE APPLICATION IS AT YOUR SOLE RISK.
Limitation of Liability
Under no circumstances shall OG&E, its parents, subsidiaries, suppliers, affliates, providers and suppliers be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (i) out of the use of or inability to use the Website, the Application, and/or any Content; (ii) from any interruption in the availability of the Website, the Application, and/or Content; (iii) from unauthorized access to or alteration of your transmissions or data; (iv) from statements or conduct of any third party on the Website or the Application; (v) from any delay or failure of the Website or the Application arising out of causes beyond OG&E’s control; (vi) out of the use of, reference to, or reliance on, the Content; (vii) out of any Third Party Content, information, products and services contained on, or accessed through, the Website (viii) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on third party websites; (ix) out of any other matter relating to the Website or Content or (x) any errors, defects, mistakes, omissions, interruptions, deletion of files or accounts, or any failure of performance whether or not caused by events beyond our reasonable control including but not limited to Acts of God, outages, theft, destruction or unauthorized access to records.
Governing Law and Dispute Resolutions
The Terms shall be construed, interpreted, and enforced according to the laws of the State of Oklahoma and the United States of America, without regard to conflict of law rules or principles. If any dispute relating to the Terms and your use of the Website and the Application is deemed to be not subject to mandatory arbitration as further described in this section, you acknowledge and agree that by using the Website and the Application, the sole and exclusive venue and jurisdiction for such disputes shall be in the federal and state courts located in Oklahoma County, Oklahoma.
YOU AGREE IN THE EVENT OF ANY DISPUTE RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR THE APPLICATION; THE PARTIES SHALL FIRST ATTEMPT TO RESOLVE ANY SUCH DISPUTE THROUGH INFORMAL NEGOTIATIONS BEFORE RESORTING TO ANY OTHER FORM OF DISPUTE RESOLUTION. IF THOSE EFFORTS FAIL, THEN ARBITRATION SHALL BE THE EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE. THE ARBITRATION SHALL BE HELD IN OKLAHOMA CITY, OKLAHOMA, AND SHALL BE CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR APPLYING THE RULES OF COMMERCIAL ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR SHALL APPLY OKLAHOMA LAW. ANY ARBITRATION SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (1) YOUR REMEDIES ARE LIMITED TO CLAIMS FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF OF ANY KIND: (2) THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER ITS COSTS, EXPENSES, AND REASONABLE ATTORNEYS’ FEES AND COSTS; (3) ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED (IF ANY); (4) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (5) YOU SHALL KEEP CONFIDENTIAL AND NOT DISCLOSE THE NATURE OF THE DISPUTE, ANY MATTER RELATING TO THE ARBITRATION OR THE RESULTS THEREOF WITHOUT THE EXPRESS WRITTEN CONSENT OF OG&E. SOME OF THE ABOVE STATED PROVISIONS THAT LIMIT OR EXCLDE LIABILITY MAY NOT BE APPLICABLE TO YOU IF YOU ARE SUBJECT TO A JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS OR EXCLUSIONS OF LIABILITY.
You agree to defend, indemnify and hold harmless OG&E, its parents, affiliates, subsidiaries, and their respective officers, directors, employees, agents, providers, suppliers, and contractors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs), arising from or related to your use of the Website and the Application in violation of these Terms, any breach by you or your dependents of these Terms, and any user information, entered or provided by you.
If you choose to e-mail us through the “Contact Us” link on this Website, you will be asked to identify yourself so that one of our employees can respond to your questions and comments. If, however, you wish to submit your questions or comments via U.S. mail, they can be mailed to:
Attn: Customer Care
PO BOX 321
Oklahoma City, OK 73101-0321
Or Call: General Customer Service
Oklahoma City Locals: 405.272.9741