Except as otherwise set forth herein, these General Terms and Conditions of Use, together with any documents they expressly incorporate by reference (collectively, "Terms") govern your use of any mobile applications offered by Southern Company or its subsidiaries, including without limitation Alabama Power Company, Georgia Power Company, and Mississippi Power Company, and your use of any Southern Company or subsidiary web sites and applications that support or are linked to these Terms (collectively, the "Apps"). By accessing and using the Apps, you acknowledge that you have read and agree to these Terms. If you do not agree to be bound by these Terms, please immediately exit and cease accessing and using the Apps.
Throughout these Terms, the words "you," "your," and "yours" refer to any person or entity using the Apps, and the words, "Southern Company," "we," "us," and "ours" refer to Southern Company and one or more of its subsidiary companies.
OTHER TERMS AND CONDITIONS
In addition to these Terms, there are other terms, conditions and policies applicable to the utilization of certain services (the "Services Terms") that are now provided or will in the future be provided, such as paper-free billing, online account access, online bill payment, establishment, modification to or termination of utility services, and general account profile setup and changes. These Terms do not govern services or web sites available from Southern Company subsidiaries (even those services that may be ordered or provided by Southern Company subsidiaries through the Apps) to the extent that any specific Services Terms apply to such services. Any such Services Terms will control in the event of a conflict with these Terms or any material contained on the Apps.
REVISIONS TO TERMS
Please refer to these Terms regularly. We may at any time and without prior notice revise these Terms by updating this posting. All changes to the Terms are effective immediately when we post them. Your continued use of the Apps following posting of changes to these Terms signifies that you accept such changes.
INTELLECTUAL PROPERTY RIGHTS
The Apps and their entire contents, features and functionality (included, but not limited to all information, software, text, displays, images, video and audio and the design, selection and arrangement thereof) (collectively, the "Contents") are owned by Southern Company subsidiaries, its licensors or other providers of such material, and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reproduce, republish, transmit, distribute, publicly display, modify, create derivative works from, or exploit in any way, in whole or in part, any of the Contents of the Apps without the prior written consent of Southern Company subsidiaries, or as authorized under these Terms. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of Contents from the Apps.
All graphics and logos displayed on the Apps are our property or have been licensed by us, and may not be used without our prior written permission. We do not permit the use of our name, graphics or logos in advertising, as an endorsement for any product or service, or for any other commercial purpose without our prior written approval.
Any comments or materials sent to us regarding any Contents found on the Apps, including, without limitation, feedback data, ideas, graphics, questions, comments or suggestions (collectively "Feedback"), will not be treated as confidential (unless otherwise specified by our Privacy Statement) and will become our exclusive property. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback.
USE OF THE APPS
You may use the Apps only for lawful purposes and in accordance with these Terms. Any use of the Apps for any purpose contrary to applicable law is strictly prohibited.
Note: Certain information contained in the Apps or on SouthernCompany.com and subsidiary websites are forward-looking information based on current expectations and plans that involve risks and uncertainties. Forward-looking information includes, among other things, statements concerning Southern Company's financial and operating performance and objectives, business plans and goals, estimates, projections, forecasts, assumptions, risks and uncertainties. Southern Company and its subsidiaries caution that there are certain factors that can cause actual results to differ materially from the forward-looking information that has been provided. The reader is cautioned not to put undue reliance on this forward-looking information, which is not a guarantee of future performance and is subject to a number of uncertainties and other factors, many of which are outside the control of Southern Company and its subsidiaries; accordingly, there can be no assurance that such suggested results will be realized. The following factors, in addition to those discussed in Southern Company's and its subsidiaries’ Annual Reports on Form 10-K for the year ended December 31, 2022, Form 10-Qs for the quarter ended September 30, 2022 and subsequent securities filings, could cause actual results to differ materially from management expectations as suggested by such forward-looking information: the impact of recent and future federal and state regulatory changes, including tax, environmental, and other laws and regulations to which Southern Company and its subsidiaries are subject, as well as changes in application of existing laws and regulations; the potential effects of the continued COVID-19 pandemic; the extent and timing of costs and legal requirements related to coal combustion residuals; current and future litigation or regulatory investigations, proceedings, or inquiries, including litigation and other disputes related to the Kemper County energy facility; the effects, extent, and timing of the entry of additional competition in the markets in which Southern Company's subsidiaries operate, including from the development and deployment of alternative energy sources; variations in demand for electricity and natural gas; available sources and costs of natural gas and other fuels and commodities; the ability to complete necessary or desirable pipeline expansion or infrastructure projects, limits on pipeline capacity, and operational interruptions to natural gas distribution and transmission activities; transmission constraints; effects of inflation; the ability to control costs and avoid cost and schedule overruns during the development, construction, and operation of facilities or other projects, including Plant Vogtle Units 3 and 4 (which includes components based on new technology that only within the last few years began initial operation in the global nuclear industry at this scale) and Plant Barry Unit 8, due to current and/or future challenges which include, but are not limited to, changes in labor costs, availability, and productivity; challenges with management of contractors or vendors; subcontractor performance; adverse weather conditions; shortages, delays, increased costs, or inconsistent quality of equipment, materials, and labor; contractor or supplier delay; delays due to judicial or regulatory action; nonperformance under construction, operating, or other agreements; operational readiness, including specialized operator training and required site safety programs; engineering or design problems or any remediation related thereto; design and other licensing-based compliance matters, including, for nuclear units, inspections and the timely submittal by Southern Nuclear Operating Company, Inc. of the Inspections, Tests, Analyses, and Acceptance Criteria documentation for each unit and the related investigations, reviews and approvals by the U.S. Nuclear Regulatory Commission (“NRC”) necessary to support NRC authorization to load fuel; challenges with start-up activities, including major equipment failure, or system integration; and/or operational performance; and challenges related to the COVID-19 pandemic; the ability to overcome or mitigate the current challenges at Plant Vogtle Units 3 and 4 that could further impact the cost and schedule for the project; legal proceedings and regulatory approvals and actions related to construction projects, such as Plant Vogtle Units 3 and 4, Plant Barry Unit 8, including Public Service Commission approvals and Federal Energy Regulatory Commission and NRC actions; under certain specified circumstances, a decision by holders of more than 10% of the ownership interests of Plant Vogtle Units 3 and 4 not to proceed with construction and the ability of other Vogtle owners to tender a portion of their ownership interests to Georgia Power Company (“Georgia Power”) following certain construction cost increases; in the event Georgia Power becomes obligated to provide funding to Municipal Electric Authority of Georgia (“MEAG Power”) with respect to the portion of MEAG Power’s ownership interest in Plant Vogtle Units 3 and 4 involving Jacksonville Electric Authority, any inability of Georgia Power to receive repayment of such funding; the ability to construct facilities in accordance with the requirements of permits and licenses (including satisfaction of NRC requirements), to satisfy any environmental performance standards and the requirements of tax credits and other incentives, and to integrate facilities into the Southern Company system upon completion of construction; investment performance of the employee and retiree benefit plans and nuclear decommissioning trust funds; advances in technology, including the pace and extent of development of low- to no-carbon energy technologies and negative carbon concepts; performance of counterparties under ongoing renewable energy partnerships and development agreements; state and federal rate regulations and the impact of pending and future rate cases and negotiations, including rate actions relating to return on equity, equity ratios, additional generating capacity, and fuel and other cost recovery mechanisms; the ability to successfully operate the electric utilities' generation, transmission, and distribution facilities, Southern Power’s generation facilities and Southern Company Gas' natural gas distribution and storage facilities and the successful performance of necessary corporate functions; the inherent risks involved in operating and constructing nuclear generating facilities; the inherent risks involved in transporting and storing natural gas; the performance of projects undertaken by the non-utility businesses and the success of efforts to invest in and develop new opportunities; internal restructuring or other restructuring options that may be pursued; potential business strategies, including acquisitions or dispositions of assets or businesses, which cannot be assured to be completed or beneficial to Southern Company or its subsidiaries; the ability of counterparties of Southern Company and its subsidiaries to make payments as and when due and to perform as required; the ability to obtain new short- and long-term contracts with wholesale customers; the direct or indirect effect on the Southern Company system's business resulting from cyber intrusion or physical attack and the threat of physical attacks; interest rate fluctuations and financial market conditions and the results of financing efforts; access to capital markets and other financing sources; changes in Southern Company's and any of its subsidiaries' credit ratings; the replacement of the London Interbank Offered Rate with an alternative reference rate; the ability of Southern Company's electric utilities to obtain additional generating capacity (or sell excess generating capacity) at competitive prices; catastrophic events such as fires, earthquakes, explosions, floods, tornadoes, hurricanes and other storms, droughts, pandemic health events, political unrest, wars or other similar occurrences; the direct or indirect effects on the Southern Company system's business resulting from incidents affecting the U.S. electric grid, natural gas pipeline infrastructure, or operation of generating or storage resources; impairments of goodwill or long-lived assets; and the effect of accounting pronouncements issued periodically by standard-setting bodies. Southern Company and its subsidiaries expressly disclaim any obligation to update any forward-looking information.
We may, from time to time, provide links to other outside web sites or other applications (the "Linked Sites"). WE ARE NOT RESPONSIBLE FOR SUCH LINKED SITES OR THE CONTENTS OF ANY OF THE LINKED SITES. WE PROVIDE LINKS TO THE LINKED SITES AS AN ADDITIONAL RESOURCE FOR OUR APPS’ USERS AND MAKE NO REPRESENTATIONS REGARDING THE CONTENTS OF ANY LINKED SITES OR ANY PERSONS OR COMPANIES THAT OWN, CONTROL OR MANAGE THE LINKED SITES. CONSEQUENTLY, WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELEVANCY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN, PROGRAMS USED BY, OR SERVICES OR PRODUCTS OFFERED BY THE LINKED SITES. IF YOU ACCESS ANY OF THE LINKED SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH LINKED SITES.
PRIVACY AND SECURITY
We take steps to and seek to preserve the privacy and security of personal information you submit over or through the Apps or on our web sites in accordance with the Southern Company Privacy Statement. In an effort to protect the security of our critical infrastructure, any use of or information with respect to the Apps may be monitored and disclosed to federal authorities or agencies.
NOTIFICATIONS AND COLLECTION OF DATA
In addition to using personal information in accordance with the Southern Company Privacy Statement and applicable data privacy laws and regulations, the Apps utilize push notifications, mobile alerts, and biometric authentication where available. As a result, the Apps collect personal information as required to provide such notifications and authenticate you as the user. In most cases, you may opt out of receiving push notifications and mobile alerts by going to your device settings, clicking on “notifications,” and changing the settings for some or all of the apps on your device, including the Apps. Additionally, you may opt out of biometric authentication by declining to set up or use that capability on your device, and instead you may use a different authentication method, such as a password, pattern, or PIN, depending on your device’s capabilities. Please note that different device configurations or subsequent updates may change how your settings work. If you set up or use the biometric authentication capability in connection with the Apps, however, you consent to the Apps’ collection and use of your biometric data for such authentication.
DISCLAIMER AND EXCLUSION OF WARRANTIES
THE APPS, INCLUDING, WITHOUT LIMITATION, ALL CONTENTS AND SERVICES MADE AVAILABLE ON OR THROUGH THE APPS ARE PROVIDED "AS IS." NEITHER WE, NOR OUR SUBSIDIARIES (NOR ANY OF OUR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS) MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENTS OR SERVICES OF THE APPS, OR HYPERTEXT LINKS TO LINKED SITES. WE AND OUR SUBSIDIARIES, AND OUR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, WE DO NOT REPRESENT OR WARRANT THAT YOUR ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPS AND MATERIAL ACCESSIBLE FROM OR THROUGH THE APPS ARE FREE OF DESTRUCTIVE COMPUTER CODE, VIRUSES OR OTHER HARMFUL COMPONENTS.
THE APPS INCLUDE CONTENTS THAT ARE SUBJECT TO CHANGE WITHOUT NOTICE. WHILE WE DESIRE THAT THE CONTENTS ON THESE APPS BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS AND RELIABILITY OF SUCH CONTENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENTS ON THE APPS OR THE ACCURACY OR RELIABILITY OF SUCH CONTENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT WILL WE OR OUR SUBSIDIARIES, OR ANY OF OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS, OR INABILITY TO USE OR ACCESS, THE APPS, OR ANY LINKED SITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE SAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OR LOSSES OF ANY KIND. IN NO EVENT WILL WE OR OUR SUBSIDIARIES, OR ANY OF OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO OR USE OF THE APPS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless us and our subsidiaries, and any of our respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use of the Apps or violation of these Terms.
These Terms and all Contents on the Apps are governed by and will be construed in accordance with the laws of the State of Georgia and of the United States of America. The venue for any matter relating to or arising from the Apps will be in the state or federal court of competent jurisdiction in the State of Georgia. We do not represent that the materials on our Apps may be used outside of the United States. Captions and titles in these Terms or in any other terms, conditions or policies with respect to the Apps are for convenience only and are not to be construed to affect the meaning of or affect these Terms or any other terms, conditions or policies. To the extent any portion of these Terms is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms, as modified, will remain in full force and effect. No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. This is the entire agreement between you and us relating to the subject matter herein and will not be modified except in writing signed by both parties.