This Web Site is Operated by NorthWestern Corporation d/b/a NorthWestern Energy.
The http://www.northwesternenergy.com/ Web site (the “Site”) is operated by NorthWestern Corporation d/b/a NorthWestern Energy. The mailing address for NorthWestern Corporation is 125 S. Dakota Avenue, Sioux Falls, SD 57104-6403.
Your Use of This Web Site is Governed by These Terms and Conditions
Please take a few minutes to review these Terms and Conditions. Your use of the Site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the Site.
These Terms and Conditions May Change Without Prior Notice
NorthWestern Corporation reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review the Terms and Conditions whenever you use the Site.
Special Note Regarding Forward-Looking Statements
On one or more occasions, we may make statements on the Site regarding our assumptions, projections, expectations, targets, intentions or beliefs about future events. All statements other than statements of historical facts, included or incorporated by reference herein relating to management’s current expectations of future financial performance, continued growth, changes in economic conditions or capital markets and changes in customer usage patterns and preferences are forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934.
Words or phrases such as “anticipates,” “may,” “will,” “should,” “believes,” “estimates,” “expects,” “intends,” “plans,” “predicts,” “projects,” “targets,” “will likely result,” “will continue” or similar expressions identify forward-looking statements. Forward-looking statements involve risks and uncertainties which could cause actual results or outcomes to differ materially from those expressed. We caution that while we make such statements in good faith and believe such statements are based on reasonable assumptions, including without limitation, management’s examination of historical operating trends, data contained in records and other data available from third parties, we cannot assure you that our projections will be achieved. Factors that may cause such differences include, but are not limited to:
- our ability to avoid or mitigate adverse rulings or judgments against us in our pending litigation;
- unanticipated changes in availability of trade credit, usage, commodity prices, fuel supply costs or availability due to higher demand, shortages, weather conditions, transportation problems or other developments, may reduce revenues or may increase operating costs, each of which would adversely affect our liquidity;
- unscheduled generation outages or forced reductions in output, maintenance or repairs, which may reduce revenues and increase cost of sales or may require additional capital expenditures or other increased operating costs;
- adverse changes in general economic and competitive conditions in our service territories; and
- potential additional adverse federal, state, or local legislation or regulation or adverse determinations by regulators could have a material adverse effect on our liquidity, results of operations and financial condition.
Our annual reports on Form 10-K, recent and forthcoming quarterly reports on Form 10-Q, recent current reports on Form 8-K and other SEC filings discuss some of the important risk factors that may affect our business, results of operations and financial condition.
We have attempted to identify, in context, certain of the factors that we believe may cause actual future experience and results to differ materially from our current expectation regarding the relevant matter or subject area.
From time to time, oral or written forward-looking statements are also included in our reports on Forms 10-K, 10-Q and 8-K, Proxy Statements on Schedule 14A, press releases, analyst and investor conference calls, and other communications released to the public. Although we believe that at the time made, the expectations reflected in all of these forward-looking statements are and will be reasonable, any or all of the forward-looking statements in our reports on Form 10-Q, Forms 10-K and 8-K, our Proxy Statements on Schedule 14A and any other public statements that are made by us may prove to be incorrect. This may occur as a result of assumptions which turn out to be inaccurate or as a consequence of known or unknown risks and uncertainties. In light of these and other uncertainties, you should not regard the inclusion of a forward-looking statement on this Site or other public communications that we might make as a representation by us that our plans and objectives will be achieved, and you should not place undue reliance on such forward-looking statements.
We undertake no obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise. However, your attention is directed to any further disclosures made on related subjects in our subsequent annual and periodic reports filed with the SEC on Forms 10-K, 10-Q and 8-K and
Proxy Statements on Schedule 14A.
Unless the context requires otherwise, references to “we,” “us,” “our,” “NorthWestern Corporation,” “NorthWestern Energy” and “NorthWestern” refer specifically to NorthWestern Corporation and its subsidiaries.
Copyright and Trademark Notice
All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (collectively, “Content”), are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by NorthWestern Corporation, its affiliates or by third parties. The Content as a whole is copyrighted as a collective work under U.S. copyright laws, and NorthWestern Corporation owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content, and the Site as a whole, are intended solely for your personal, noncommercial use. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use; (2) do not copy or post the Content on any network computer or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. NorthWestern Corporation reserves complete title and full intellectual property rights in any Content you download from the Site.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from NorthWestern Corporation.
We welcome your comments regarding the Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us shall be and remain the exclusive property of NorthWestern Corporation. Your submission of any such Comments shall constitute an assignment to NorthWestern Corporation of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. NorthWestern Corporation will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Correction of Errors and Inaccuracies
The information on the Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We cannot and do not guarantee, however, that any errors, inaccuracies, or omissions will be corrected. Please note that such errors, inaccuracies or omissions may relate to product or service description, pricing and availability. We apologize for any inconvenience this may cause you.
References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by NorthWestern Corporation.
THE SITE IS OPERATED BY NORTHWESTERN CORPORATION ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NORTHWESTERN CORPORATION AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NORTHWESTERN CORPORATION AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE.
WITHOUT LIMITING THE FOREGOING, NORTHWESTERN CORPORATION AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
NORTHWESTERN CORPORATION AND ITS AFFILIATES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT ANY WEB SITE YOU MAY ACCESS THROUGH THE SITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEB SITE.
NORTHWESTERN CORPORATION AND ITS AFFILIATES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES OR THE STATES IN WHICH NORTHWESTERN CORPORATION DOES BUSINESS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL NORTHWESTERN CORPORATION OR ITS AFFILIATES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF NORTHWESTERN CORPORATION OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NORTHWESTERN CORPORATION AND ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
Choice of Law
Any and all disputes relating to these Terms and Conditions, your use of the Site or the Content (collectively, “Disputes”) are governed by, and will be interpreted in accordance with, the laws of the State of South Dakota, without regard to any conflict of laws provision. Any Dispute will be venued in a state or federal court situated within the State of South Dakota, and you hereby irrevocably submit to the personal jurisdiction of such courts for that purpose. The operation of this Site does not imply that Northwestern Corporation is conducting business in any state of the United States of America outside of Montana, Nebraska, or South Dakota. By accessing the Site from outside the United States, you assume all risks and are solely responsible for compliance with your jurisdiction’s laws and regulations.
If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms and Conditions will remain in force. A waiver of any of the Terms and Conditions is not to be interpreted as a further or continuing waiver of that or any other term or condition.
Together with any additional terms and conditions applicable to specific areas of the Site or to a particular transaction, these Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede any contemporaneous written or oral agreements between the parties with respect to such subject matter.
Revised September 2007.