Terms and Conditions

Acceptance of Terms and Conditions

Please carefully read the MyAccount Terms and Conditions before you start to use any of the services as described herein (collectively any such services including without limitation MyAccount are the “Services”). The MyAccount Terms and Conditions include Cleco’s Terms of Use and Privacy Policy that govern your use of Cleco’s website and any websites and mobile applications associated with Cleco’s website (collectively referred to as the “Sites”), and any related web services. The terms “we”, “us”, “our” refer to Cleco. The terms” “you”, “your” or “user” apply to any person or entity using the Sites or Services.

By using and participating in MyAccount or by clicking “Register” when registering for MyAccount, you accept and agree to be bound and abide by the MyAccount Terms and Conditions until such time that your Services are discontinued. By using and participating in MyAccount you agree to automatic enrollment in Cleco Paperless Billing service, you also authorize Cleco to deliver your bills to you electronically. You will not receive a separate paper bill.

If you do not agree to the MyAccount Terms and Conditions, you must not access or use MyAccount. After you meet the above requirements, you will receive an email message from Cleco confirming your registration in MyAccount.

Any use of the Services contrary to the MyAccount Terms and Conditions or any applicable local, state, national, or international law or regulation, as in effect at the time of such use, is unauthorized and prohibited. Cleco reserves the right, in its sole discretion, at any time, for any reason, and without prior notice to you or any user, to revise the MyAccount Terms and Conditions. Modifications to these MyAccount Terms and Conditions will be posted on the Website and the “Last Modified” date at the top of this web page will be revised. You understand and agree that if you use the Services after the date on which the MyAccount Terms and Conditions have changed, we will treat your use as acceptance of the modified MyAccount Terms and Conditions.

Cleco and Affiliates

Cleco Corporate Holdings LLC is a holding company for a public utility company (Cleco Power LLC) and other affiliates. Each of these affiliates is a separate and distinct legal entity. No such public utility subsidiary or other affiliate shall be liable for the obligations or entitled to the benefits of any other subsidiary or affiliate, except as may be expressly provided by a duly authorized and executed, enforceable written agreement. Solely for reasons of convenience, the term “Cleco” is used to refer individually and collectively to Cleco Corporate Holdings LLC and its, subsidiaries and affiliates, including but not limited to the public utility, Cleco Power LLC.

Privacy and Security

You agree and acknowledge that information transmitted over the Internet and stored on computers connected to the Internet can never be perfectly private or secure. Cleco shall endeavor to maintain the security and privacy of the information it receives in accordance with Cleco’s Privacy Policy, which you can access by clicking https://www.cleco.com/privacy-policy. Our Privacy Policy explains our practices relating to the collection and use of your information or any information that is submitted to us or otherwise made available to us through or in connection with the Services. We reserve the right to take any action that we deem necessary to ensure the security of the Services and as allowed by law and our Privacy Policy.

We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in these MyAccount Terms and Conditions, including the right to block access from a particular Internet address to the Services. You agree that any violation, or threatened violation, by you of these MyAccount Terms and Conditions constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Your Security Responsibilities

You agree that you are solely responsible for the use, security, and safeguarding of your identification, username password, account information, and other confidential information (collectively, your “Account Data”). For any accounts associated with you (your “MyAccount(s)”), you agree to provide true, accurate, current, complete and up-to-date information. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Services (or any portion thereof).

We reserve the right to take any action that we deem necessary to ensure the security of the Services and your MyAccount, including without limitation changing your password, terminating your MyAccount, or requesting additional information to authorize transactions on your MyAccount. You are responsible for keeping your Account Data and any security questions and responses associated with your MyAccount confidential. Anyone with knowledge of or access to your Account Data or the security questions and responses associated with your MyAccount may be able to use that information to gain access to your MyAccount.

You agree that you are solely responsible for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You further agree that you are solely responsible for any claims, losses, damages, expenses and costs incurred by the use of your Password by others including without limitation any authorized Delegated Users described below in Section III.

You also agree that you will not make use of someone else’s user name and password to gain unauthorized access to another user’s MyAccount or Account Data. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your MyAccount security by calling our Customer Contact Center described herein.

Customer Contact Center

If you have any questions about the Services, please contact Cleco by email using the form available at https://www.cleco.com/contact-us,, or by calling Customer Service at 1-800-622-6537, Monday-Friday 7 a.m. - 7 p.m. CST (excluding holidays).

Device Compatibility, Service Fees, and Additional Charges

Our Services function on certain devices and operating systems. You acknowledge that your operating system and future operating system upgrades to your device may or may not be compatible with our Services. You are solely responsible for any and all telephone and/or mobile carrier access fees, text messaging fees, data usage fees, and/or Internet service fees that may be assessed by your telephone, mobile carrier, and/or Internet service provider as a result of using any of the Services.

Notifications

MyAccount

MyAccount offers notifications that allow you to receive important information about your account, such as billing, service outages, service request updates, and high usage alerts. These notifications are sent from Cleco through text messages and emails.

Opt-in: visit the Notifications Preferences page in MyAccount. Check the box(es) for the alert type(s) and way you would like to receive that alert, fill in the necessary information for that alert, and select “Save” to save your updates.

Opt-out: if you no longer want to receive account notifications, you can update your notification preferences by visiting the Notifications Preferences page in MyAccount. Uncheck the box(es) for the alert type(s) you wish to cancel and select “Save” to save your updates.

As described in “Activating Your MyAccount,” you may not opt out of receiving emails regarding billing or outage information.

Email

You may provide an email address to us so we can send you important information. Delivery of email may be affected by circumstances beyond the control of Cleco, including but not limited to incorrect email addresses provided by customers, changed email addresses of which Cleco has not been notified, personal and Internet spam filters, size filters, timing of the delivery of emails, unavailability of email service, or other network problems. Cleco assumes no responsibility for the timeliness, deletion, missed delivery, or failure of emails due to the foregoing or the failure to store data, failure of personalized settings by customers or email service providers, or any other cause. Customers have the responsibility to make every effort to allow delivery of email sent by Cleco. Cleco has no responsibility for damages or loss due to emails that are not received by customers for any reason. Each customer is responsible for reading and responding in a timely and appropriate manner to emails sent by Cleco.

Text Messaging

If you have registered to receive notification messages on your phone, you agree to promptly notify Cleco of any changes to your phone number, as applicable, and update your account at the Site to reflect this change.

The delivery of the notifications is subject to the terms and conditions of your Internet service provider or mobile carrier. You also agree to the following as it pertains to specific usage of the notification messaging service, in addition to all other terms, agreements, and policies that apply to the other services you receive from Cleco. 

You acknowledge that text messages are distributed via third-party mobile network providers and therefore Cleco cannot control certain factors relating to message delivery. Depending on your mobile service provider, it may not be possible to transmit the text message to you successfully. Cleco does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures, including any lost, late, or incomplete messages.

Message notifications may not be delivered to you if your phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of your wireless carrier may interfere with message delivery, including for example your equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent messages may not be received in a timely manner and that your wireless carrier does not guarantee that messages will be delivered.

Standard text messaging and data rates may apply. Text messaging frequency varies based on customer preferences and the status of your service.

Payment: you may choose to pay your bill by texting “PAY” to 69378 from your mobile device. You will be asked to confirm account information for verification purposes. 

If you are not receiving messages from Cleco, please ensure that text messaging is not disabled on your phone. You may also contact Cleco for assistance at 1-800-622-6537.

Mobile Application

When you download and install the Cleco mobile application (“Application” or “App”) from the appropriate application store for your mobile device, you may elect to receive push notifications or other types of messages directly sent to you outside or inside the Application (collectively, “Push Messages”). You may control the Push Messages in your device’s or the Application’s settings. Your carrier may charge standard messaging, data and other fees for use of Push Messages, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Messages and certain Push Messages may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Messages in your device’s or the Application’s settings or by deleting the Application. We may collect information related to your use of the App.

Disclaimer of Warranties

THE SERVICES AND ANY RELATED DOCUMENTATION ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION PROVIDED THROUGH THE SERVICES BEFORE RELYING ON IT. USE OF THE SERVICES IS AT YOUR SOLE RISK. CLECO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, COMPLETELY SECURE, OR ERROR-FREE.

The content of the Services may contain technical, typographical, or other errors, inaccuracies, or omissions. Cleco reserves the right, in its sole discretion, at any time, and for any reason, to make corrections, revisions, and changes to the Services and applicable content, or to suspend or terminate the availability of the Sites to any or all users, without prior notice. Cleco makes no warranty and shall have no responsibility to any user with respect to any such error, inaccuracy, omission, correction, revision, change, suspension, or termination.

Cleco makes no warranty that the Services or websites or applicable content accessible through the Services are free of destructive computer code such as viruses, worms, Trojan horses, and the like. Users should take, and are responsible for taking, their own precautions with respect to such code.

Cleco shall have no responsibility and makes no representation, warranty, or endorsement with respect to any other website that a user may access from the Services. Access to any such other website(s) is provided solely as a convenience to users. Unless otherwise provided, any such other website is independent of the Services, and Cleco has no control over the content of any such other website and the content available on the third-party websites linked to the Services does not necessarily reflect the opinion of Cleco. Users accessing other websites linked from the Services do so entirely at their own risk, and are subject to such terms and conditions as are imposed by such other linked websites. You should review the terms of use and privacy policies that are posted on any website that you visit, before using any linked websites. Cleco accepts no liability for any information, products, advertisements, content, services or software accessible through these third-party websites or for any action you may take as a result of linking to any such website. Cleco is under no obligation to maintain any link through the Services, and may remove a link at any time in its sole discretion for any reason whatsoever. Cleco shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such linked third-party website. Cleco is not responsible for the privacy practices of any other websites.

Limitations of Liability

IN NO EVENT SHALL CLECO BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES FOR ANY USE OF THE SERVICES OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON CLECO’S OR ANY USER’S COMPUTER HARDWARE OR INFORMATION HANDLING SYSTEMS, OR OTHERWISE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; OR (C) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITES, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM USERS; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITES; OR (3) VIRUSES, REGARDLESS OF WHETHER CLECO HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. CLECO IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, OR SOFTWARE FAILURES OR LOSSES OF ANY KIND, OR FOR FAILED, INCOMPLETE, DISTORTED, OR DELAYED DATA TRANSMISSIONS, OR EQUIPMENT INCOMPATIBILITIES, IN RELATION TO ANY USE OF THE SERVICES. CLECO IS NOT RESPONSIBLE FOR DAMAGE RESULTING FROM DESTRUCTIVE COMPUTER CODE SUCH AS VIRUSES, WORMS, TROJAN HORSES, AND THE LIKE. UNDER NO CIRCUMSTANCES WILL CLECO BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF INFORMATION, INTERACTIVE FORMS, CONTENT, OR COMPUTER CODE THROUGH THE SERVICES OR ANY WEBSITE ACCESSIBLE THROUGH THE SERVICES.

CLECO’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE MYACCOUNT TERMS.

Indemnity

You agree to indemnify and hold Cleco and its subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, your violation of these MyAccount Terms and Conditions, or your violation of any law or regulation or any rights of another. Cleco reserves the right, at your expense, to assume the exclusive defense and control of any matter against which you are required to indemnify. You agree to cooperate in Cleco’s defense of such matter. This indemnification shall survive any expiration or termination of these MyAccount Terms and Conditions.

Waivers

Cleco will not be deemed to have waived any of the terms of these MyAccount Terms and Conditions or any of its other terms, conditions, or policies with respect to the Services, or any of its rights with respect to the foregoing, unless the waiver is in a written document expressly setting forth the nature and extent of the waiver, executed by a representative of Cleco duly authorized to execute and deliver the same. No delay or omission on the part of Cleco in enforcing its rights or remedies under these MyAccount Terms and Conditions or any such other terms, conditions, or policies shall impair its current or future exercise of its rights and remedies thereunder or be construed as a waiver of any provision of these MyAccount Terms and Conditions or any such other terms, conditions, or policies. No partial or single exercise of any right or remedy available to Cleco under these MyAccount Terms and Conditions or any such other terms, conditions, or policies as may be applicable with respect to the Services shall preclude the full availability to Cleco of such right or remedy.

Assignment

No user may assign to any other person or entity its rights or obligations under these MyAccount Terms and Conditions or under any other terms, conditions, or policies with respect to the Services without the express written consent of Cleco. Cleco, in its sole discretion, may freely assign these MyAccount Terms and Conditions or its rights and obligations hereunder or under any other terms, conditions, or policies with respect to the Services, in whole or in part, to any third party or parties without the consent of or notice to any user.

Applicable Laws

These MyAccount Terms and Conditions shall be governed by and construed under the laws of the state of Louisiana without regard to conflicts of law provisions and, where and to the extent applicable, by federal law.

Severability

You must first request to start your service before you can activate MyAccount. To activate, you must provide your Cleco account number, the last four digits of your Social Security Number (or Employer Identification Number for commercial customers), and a valid email address. Once you provide your email address, you may opt out of receiving emails regarding billing or outage information. It is your responsibility to provide true and accurate online account information and to update your information immediately upon any changes to the information. Cleco is not responsible and shall have no liability for any processing errors or fees incurred if you do not provide accurate account or contact information. Your activation in MyAccount online service may not be fulfilled if we cannot verify your identity or other necessary information.

It is your sole responsibility to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to; name, address, phone number(s) and email address(es). Changes or cancellation of your MyAccount Online Service can be made either within the application or by contacting the Customer Contact Center.

Cleco reserves the right to cancel MyAccount usage without notice and in its sole discretion for inappropriate use, including fraudulent activity on the online service, or for any other safety, security, or operational concern. Your obligation to pay your Cleco bill by the due date is not altered or modified in any way by any cancellation of the MyAccount service.

If you are the primary account holder and want to allow another person or third-party to act as your representative or delegate in connection with MyAccount, you may grant access to a guest user or delegate to your MyAccount online profile.

By granting guest read-only access to your online account, you are providing the guest user authority to: view bill and payment history, view usage, and enroll in account notifications.

By granting guest full access to your online account, you are providing the guest user authority to: view bill and payment history, pay bills, view and manage financial information, change contact information, and enroll in account notifications. They are also able to enroll in budget billing, automatic payment, payment arrangement, and payment extension if the account is eligible.

The account holder is responsible for all charges incurred as a result of guest access. You may revoke this access at any time.

If you are accessing MyAccount on behalf of the account holder, you agree to be fully responsible for, and indemnify Cleco against, any and all losses, claims, liabilities, damages, and expenses (including, without limitation, legal fees and costs) associated with your use regardless of negligence or fault.

The owner can change or revoke a guest’s access to the online account at any time.

A guest can revoke and cancel their guest access by unlinking the account or by contacting the owner to request that the owner revoke it.

MyAccount allows you or your delegates (if applicable) to access online services specific to your Cleco account(s) or accounts authorized to you as a guest user or delegate. Available services under the MyAccount umbrella include online billing and payment, as well as other account-related information and analysis tools. (Some of such services are also available, in whole or in part, without the use of MyAccount.) Cleco may, in its sole discretion, add additional online services to MyAccount, in the future. 

Cleco reserves the right to modify or discontinue any or all services or features of MyAccount at any time, without notice, or to offer specific programs only to customers meeting applicable qualifications. Subject to satisfying the qualifications for a particular program, you may elect to use one or more of the features available without being obligated to use them all.

Paperless Billing

By participating in MyAccount you agree to automatic enrollment in Cleco Paperless Billing service, you also authorize Cleco to deliver your bills to you electronically. You will not receive a separate paper bill. A notification that your monthly bill is available will be sent to your email address. Cleco charges no fees for the Paperless Billing service. Some types of bills and accounts are currently not eligible for Paperless Billing and, if applicable, those bills will be sent via U.S. mail. Please be sure to review the Email Notifications section of these Terms.

In the event you wish to cancel the Paperless Billing service, you may do so via MyAccount or by calling Customer Service at 1-800-622-6537.

Cleco reserves the right to cancel the Paperless Billing service to you at any time without notice and in its sole discretion for continued violations or inappropriate use, including fraudulent activity on the online service. Neither termination nor discontinuation shall affect your liability or obligations arising prior to or as a result of such termination or discontinuation.

Budget Billing

You may set up Budget Billing via MyAccount or by contacting Cleco  Customer Service at 1-800-622-6537.

By enrolling in Budget Billing you affirm that:

• You are required to pay your Budget Billing amount in full every month, or you may be removed from the Budget Billing program.
• The monthly budget amount may differ if the billing period is shorter than 25 days or longer than 35 days.
• Payments made in excess of the monthly Budget Billing amount will be applied to future monthly statements.
• Monthly budget amounts will be reviewed every six months. Adjustments may be made if the calculated new monthly bill payment changes by plus or minus 10% from the current monthly budget payment.
• If you unenroll from Budget Billing, the remaining balance will be due when you cancel your enrollment.
• If you move within Cleco’s service area, you will need to unenroll from Budget Billing and pay the remaining balance (if applicable) for your energy usage at that location. After you start service at your new location, you can enroll again in Budget Billing. You will have a new Budget Billing monthly amount at that time.

Payment Arrangement

You may set up a Payment Arrangement via MyAccount or by contacting Cleco at 1-800-622-6537. A Payment Arrangement is an arrangement to pay a schedule of fees of a period of time. Payments must post by the due date to keep your account in good standing. A default in this Arrangement could result in removal of your Payment Arrangement, interruption and/or termination of service, and/or referral to a collection agency or a credit rating agency. You can pay the remaining balance before the term limits of the payment arrangement ends.

As a part of this Arrangement, you acknowledge that:

• The terms of this Arrangement require that you pay all future bills for utility service by the due date,
• You must make all payment arrangements to Cleco as arranged in this Arrangement,
• You have been offered the opportunity to spread payments out over the eligible period, and

• Default of this Arrangement may result in interruption of services and/or late payment fees.

Payment Extension

You may set up a Payment Extension via MyAccount or by contacting Cleco at 1-800-622-6537. A Payment Extension gives you the option of extending your current bill due date.

As a part of the Extension, you acknowledge that:

• The terms of this Extension require you to pay the amount identified by the due date described in the Extension,
• You will be charged a late payment fee in accordance to your rate schedule on the current amount due, which will be added to your next bill.
• Extending your current bill due date does not extend your next bill due date. You will need to pay both the extended amount and next bill amount on the dates they are due
• Defaulting on this payment extension (or any payment) may cause an interruption and/or termination of your service and you could be referred to a collection agency and/or a credit rating agency.

Online Payment

Program Qualification & Restrictions

Eligible Residential and Commercial customers are permitted to utilize Cleco Online Payment service (“Online Payment”) via MyAccount if the following requirements are met:

You must have a current/valid U.S. bank account at a financial institution, or a valid credit or debit card where the payment will be withdrawn. Payments will be withdrawn by our third-party vendor on the date specified.

Your Cleco account must be active or have a balance owing.

Your Commitment to Us

It is your responsibility to:

Ensure there are sufficient funds available in your checking or savings account to meet each withdrawal on the due date. If there are insufficient funds in your account, your financial institution and Cleco may charge you a fee and/or interest. You are solely responsible for paying any fee and/or interest charged by your financial institution or Cleco. Check your account statement to verify that the amounts debited from your account are correct.

Any overpayments resulting in a credit balance cannot be refunded but will be applied as a credit on your Cleco account. Requests for refunds due to overpayment should be directed to your financial institution which may charge a fee associated with the refund request.

Arrange an alternate payment method if you cancel the scheduled withdrawal.

Online Payment Options

By requesting an online payment, you affirm that:

• You have read, understand, and accept these Terms of Use,
• You are authorized to make payments for this account(s),
• You have provided true and accurate online account information,
• You will update information immediately upon any changes to the information,
• You understand Cleco is not responsible and shall have no liability for any processing errors or fees incurred if you do not provide accurate account or contact information, and
• You understand that this payment may not be fulfilled if Cleco cannot verify your identity or other necessary information.

One-time Online Bill Payments

You may make one-time Online Bill Payments via MyAccount or on the Cleco website.

If you choose to make one-time online bill payments, you will need to provide information regarding your preferred payment method and account. We will use information collected from you only as necessary to assist in processing payments according to your directions and these Terms. Once you schedule a payment, it may not be possible to cancel it and it may be subject to return payment fee(s) if you try to cancel. Contact your financial institution if you identify concerns with your payment account. If you have questions about scheduling a payment, a scheduled payment or cancelling a payment, contact us at 1-800-622-6537.

Automatic Payment

By using the Automatic Payment service, you agree to the following:

You certify that you are the owner of the account and are authorized to allow automatic payments to be made by your account. You hereby authorize and request Cleco to effect payment for service rendered at the address specified in your Automatic Payment enrollment section by initiating debit entries to your account in the financial institution named in your Automatic Payment enrollment section (hereinafter called “Financial Institution”). These debit entries are to be initiated by Cleco periodically as such amounts become due without any further authorization from you. If necessary, Cleco may process your payment on the next available banking day or, if rejected, may make additional attempt(s) to charge your account.

You authorize and request Financial Institution to accept any debit entries initiated by Cleco to such account and to debit the same to such account without responsibility for the correctness thereof. You acknowledge that credit card payments are handled by one or more third-party processors and agree to be subject to terms applicable to you as the credit card holder. It is understood that the debit entry sent to the Financial Institution may not exceed the amount on your bill, which will be mailed or electronically available to you at least 15 days before the transfer takes place. The transfer will take place on the date shown on the bill.

It is understood that enrollment in Automatic Payment may be terminated by you at any time up to one (1) business day before the scheduled date of payment transfer. Such termination also cancels any scheduled payment(s). Enrollment termination may be made via MyAccount. Any such notification to Cleco shall be effective only with respect to entries initiated after receipt of such notification. Any such notification to Financial Institution shall be effective only with respect to entries debited to your account by Financial Institution after receipt of such notification.

It is understood that if your current bill is due less than two (2) days from the day you enroll in automatic payment, you will need to make an additional manual payment of the current amount. Automatic payments start after that.

Recurring Payment

Recurring Payment is a payment option offered in MyAccount. You select the fixed amount to be automatically withdrawn from your bank account or charged to your credit card monthly.

By enrolling in Recurring Payment, you affirm that:

• You are required to pay your bill amount in full by the bill due date.
• If you do not pay your bill amount in full by the due date, you will receive a late payment fee and could be subject for disconnection.
• If you do not pay your bill amount in full by the due date and you are on Budget Billing, you may be removed from Budget Billing.
• If you do not pay your bill amount in full by the due date and you are on a Payment Arrangement, your Payment Arrangement will be canceled, your total account balance may become due immediately, and you could be subject for disconnection.

Selecting a Payment Date

A bill payment is considered “processed” on the business day that you selected for payment. We incur no liability if we are unable to complete your payments due to any of the following circumstances:

• Your payment account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account.
• The bill payment processing center is not working properly, and you know or have been advised by us about the malfunction and alternate means of paying your bill before you execute the transaction.
• Circumstances beyond our control (such as, but not limited to, fire, flood or interference from an outside force) prevent the timely execution of the transaction.

Provided none of the foregoing three (3) exceptions are applicable, if we cause an incorrect amount of funds to be removed from your payment account, we are responsible for returning the improperly transferred funds to your payment account.

If we are unable to complete your online payment transaction for any reason associated with your payment account (for example, there are not sufficient funds in your payment account to cover the transaction), the bill will remain due and unpaid. In some instances, you will receive a return notice. In such case, you agree that:

• You will pay us the amount of the bill due at that time.
• You may also be assessed return payment fees.
• You may be required to reimburse us for any fees imposed on us by your financial institution as a result of the failure to complete the payment transaction.
• You may be required to reimburse us for any fees we incur in attempting to collect the amount of the payment; and
• We are authorized to report the facts concerning the failure to complete the automatic payment transaction to a credit reporting agency.

Unauthorized or Disputed Payments

If you believe that someone has made an unauthorized payment through Online Payment without your permission, contact your financial institution immediately. You are solely responsible for any unauthorized payments, although your financial institution may provide some form of fraud protection.

In case of disputes or questions about your Online Payment, contact Cleco by email using the form available at https://www.cleco.com/contact-us, or call us 1-800-622-6537, Monday-Friday 7 a.m. - 7 p.m. CST (excluding holidays). Cleco must hear from you within sixty (60) days after the first bank statement on which the problem appeared was sent to you. Please provide your name and Cleco account number, describe the error or transfer about which you are unsure, why you believe there is an error, and the dollar amount of the suspected error.

Cleco will inform you as to the result of the investigation within ten (10) business days after Cleco hears from you and will correct any error promptly. If more time is needed, however, Cleco may take up to forty-five (45) days to investigate your complaint or questions. If no error is found, Cleco will contact you within three (3) business days after the investigation is completed.

Termination

Participation in Cleco Online Payment is completely optional. Cleco reserves the right to suspend or discontinue accepting online payments at any time, for any reason without prior notice. Cleco will attempt to provide you with prior notice of suspension or termination of Online Payment, but Cleco will not be liable for any failure to do so. Neither termination nor discontinuation of Online Payment shall affect your liability for transactions initiated through this service.

Starting Service

If you would like to start service, the following terms shall apply:

• If your requested start date is not a business day, your service start date may be pushed to the first business day after the date you requested.
• Your start service request should be received at least one business day before the date you want service to be started.
• Inaccurate or incomplete data submitted may result in services not starting on the requested date.
• Pets must be restrained during the time of meter start service.
• Once service is started, you are responsible for all charges that are billed while services are in your name.
• If you move, you must initiate a stop service request.
• Once you receive an Cleco account number, you may Activate Your MyAccount.
• If you choose not to use MyAccount, you may contact us at 1-800-622-6537 for account management.

Stopping/Moving Service

You may request a stop to your service(s) via MyAccount or by contacting Cleco at 1-800-622-6537.

If you would like to discontinue service, the following terms shall apply:

• Your request to stop service should be received at least one business day before the date you want service to be stopped. If your requested turn-off date is not a business day, service termination may be pushed to the first business day after the date you requested.
• Incomplete or invalid data submitted may result in services not stopping on the requested date.
• Until Cleco receives proper notice, Customer maintains all the responsibilities, obligations or other liabilities with respect to the account and final bill. For example, if you move without telling us, you must continue to pay Cleco for utility service provided at the service site, even if you did not personally receive it.

Final Billing

• After your service is stopped, you will be billed through the date your service was stopped in accordance and compliance with the notice provisions set forth.
• The actual account balance will be due on the due date of the final bill.
• The final bill for customers enrolled in budget billing may be more or less than the current budget amount.
• The final bill will be mailed and will also be available online. If you are a Paperless Billing customer, your final bill will not be mailed and instead you will receive notification of your final bill via email.

Physical Disconnection of Meters

When a stop service order is requested, a physical disconnection of the meter(s) may occur depending on a variety of factors. If you have questions whether a physical disconnect is applicable or available to your meter, please contact Cleco at 1-800-622-6537.

If a physical disconnect of your meter is requested or required, the following terms shall apply:

• Cleco is not liable for any claims, actions, demands, losses, findings, causes of action, penalties, determinations, fines or other damages of any kind whatsoever, to persons or property, directly or indirectly caused by or related to the property not having utility service.
• If you request to have service restarted at this address in the future, you may encounter a fee(s) for each meter to reconnect your service.

If the property is a rental property, the following additional terms shall further apply:

• Tenants who would like to start or stop service may do so via MyAccount or by contacting Cleco at 1-800-622-6537.
• The landlord of rental property may be notified of your request to stop service.

This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you ("End User,” “User,” “Users” or "you") and Cleco Corporate Holdings LLC and its, subsidiaries and affiliates, including but not limited to the public utility, Cleco Power LLC (individually and collectively "Company"). This Agreement governs your use of the Cleco MyAccount Mobile App on the iOS (Apple) and Android mobile platform, (including all related documentation, the "Mobile Application"). The Mobile Application is licensed, not sold, to you.

BY [CLICKING THE “AGREE” BUTTON AND] USING THE MOBILE APPLICATION, YOU ACKNOWLEDGE AT EACH INSTANCE OF USE THAT YOU (A) HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE MOBILE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.

Cleco Corporate Holdings LLC is a holding company for a public utility company (Cleco Power LLC) and other affiliates. Each of these affiliates is a separate and distinct legal entity. No such public utility subsidiary or other affiliate shall be liable for the obligations or entitled to the benefits of any other subsidiary or affiliate, except as may be expressly provided by a duly authorized and executed, enforceable written agreement. Solely for reasons of convenience, the term “Company” is used herein to refer individually and collectively to Cleco Corporate Holdings LLC and its, subsidiaries and affiliates, including but not limited to the public utility, Cleco Power LLC.

You agree to the following terms and conditions of use of the Mobile Application:

License Terms

License. Subject to the terms of this Agreement, Company grants you a non-exclusive, non-sublicensable, non-transferable, personal, and limited right to:

(a) download, install, and use the Mobile Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Mobile Application's documentation; and

(b) access, stream, download, and use on such Mobile Device the Content and Services (as defined in the “Content” section below) made available in or otherwise accessible through the Mobile Application, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in the “Content” section below.

License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:

(a) copy the Mobile Application, except as expressly permitted by this license;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Mobile Application;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Mobile Application, to any third party for any reason, including by making the Mobile Application available on a network where it is capable of being accessed by more than one device at any time;

(f) use any robot, spider, or other automatic device, process, or means to access the Mobile Application for any purpose, including monitoring, copying or scraping any of the material or data on or accessible through the Mobile Application;

(g) use any manual process to monitor or copy any of the material or data on the Mobile Application, or for any other purpose not expressly authorized in this Agreement, without Company's prior written consent;

(h) frame, mirror, or otherwise incorporate the Mobile Application or any portion of the Application as part of any other mobile application, website, or service;

(i) use the Mobile Application in any manner that could disable, overburden, damage, or impair the Mobile Application or interfere with any other party's use of the Mobile Application;

(j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Mobile Application; or

(k) use the Mobile Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.

Content and Services

All text, information, data, photographs, graphics, html, software, source and object code, video and audio clips, trademarks and logos, and the like (“Content”) appearing in this Mobile Application belong to Company or its affiliates, licensors or suppliers, except as otherwise specified in this Mobile Application. Users (as defined herein) may use the Content only on a mobile device (e.g., Apple iPhone or iPad, Android Device, or Microsoft Windows Mobile Device) that they own or control, and solely for their personal, internal, noncommercial use.  Any Content downloaded or printed must not remove our copyright, which is: “© [Applicable Date] Cleco Corporate Holdings LLC. All rights reserved.” No other use of the Content hereof, including without limitations any republications thereof, is permitted without prior written permission from the Company. Any User determined to have violated the copyright of a third party by transmitting or posting material in connection with this Mobile Application that infringes upon such party’s copyright or other legal rights may be excluded by Company from this Mobile Application.

This Mobile Application may provide you with access to Company's website located at https://www.cleco.com (the "Website") and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, " Services"). Your access to and use of such Services are governed by Website's Terms of Use and Privacy Policy located at https://www.cleco.com/terms-of-use and https://www.cleco.com/privacy-policy respectively, which are incorporated herein by this reference. Your access to and use of such Services may require you to acknowledge your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Terms of Use will also be deemed a violation of this Agreement.

All trademarks used on this Mobile Application are owned by the Company, or, in a few cases if applicable, used with the permission of their respective owners. No trademark, including, without limitation, logos and Internet domain names using the trademarks “Cleco, Cleco Power, or Cleco Corporate Holdings” (all whether or not capitalization or spaces are used) may be used or reproduced by any party without the prior written permission of the Company or the trademark owner.

Other than the non-exclusive, non-sublicensable, non-transferable, personal, and limited right of use by Users as specified herein, no rights to such Content or portions thereof, regardless of the form in which it appears, are conveyed by its display on this Mobile Application or by the accessing thereof by any User.  A User may not: (a) separate any individual Content or component of the Mobile Application for use other than in connection with the Mobile Application; (b) incorporate any portion of it into any User’s own programs or compile any portion of it in combination with any User’s own programs; (c) transfer it for use with another service; or (d) sell, rent, lease, lend, loan, distribute, publicly communicate, transform, or sub-license the Mobile Application or otherwise assign any rights to the Mobile Application in whole or in part. Company will be responsible for any Mobile Application maintenance or support.

The Company reserves the right to revise, supplement or discontinue all or portions of the Mobile Application from time to time. Additionally, the Company reserves the right to change the Terms and Conditions at any time, effective immediately upon User’s use of the Mobile Application after this Mobile Application is updated. “User” and “Users” mean any individuals or entities using, accessing, downloading, installing, obtaining, or providing information from or to, this Mobile Application.  All references to the plural herein shall also mean the singular and to the singular shall also mean the plural unless the context otherwise requires.

Usage

By using, accessing, downloading, installing, obtaining, or providing information from or to this Mobile Application, Users will be deemed to have read and accepted these Terms and Conditions and agreed to be legally bound by these Terms and Conditions, as amended from time to time (including our Privacy Policy, as amended, which is incorporated herein by this reference).  Use of this Mobile Application is also subject to the Cleco.com Terms and Conditions, and (if applicable) the My Account Terms and Conditions.  Please be aware that all references to the “web site” in our Privacy Policy are deemed to also apply to this Mobile Application, both when used in conjunction with, or independently from, Company’s website at www.cleco.com.

Users must forego use, or discontinue use, of this Mobile Application immediately if they do not agree or accept all of these Terms and Conditions. The Company retains the right to remove or bar any User from using this Mobile Application at its sole discretion.

Collection and Use of Your Information

You acknowledge that when you download, install, or use the Mobile Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Mobile Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Mobile Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Mobile Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

User Accounts

Company may, in its sole discretion, provide access to Users to restricted portions of this Mobile Application, including, without limitation, one or more User accounts where specific customer information and services may be provided and/or obtained.

Users accessing such locations may be subject to additional terms and conditions as specified in connection with the services provided. Users with service accounts are exclusively responsible for preserving the confidentiality of any log on information, User account information, and any actions or inactions in connection with such account.

Content Submission

If a User submits any digital images or other content including all photographs, illustrations, graphics, and text (collectively, “Materials”) to Company through the Mobile Application, then the following terms will also apply:

• User may only submit Materials to Company through the Mobile Application for which User holds all intellectual property rights. In other words, if a User submits a digital image to Company, the User must own all rights to such image or the User must have the authorization of the person who does own those rights. Minors may not submit Materials to Company through the Mobile Application. Further, a User may not submit any personally identifiable information about any child under the age of 13.

• User hereby grants to Company a worldwide, nonexclusive, royalty-free, perpetual right and license to (a) reproduce, distribute, transmit, publicly perform and publicly display the Materials, in whole or in part, in any manner and media of conveying information, whether now known or hereafter devised (“Media”), (b) modify, adapt, translate and create derivative works from the Materials, in whole or in part, in any manner and Media, and (c) sublicense the foregoing rights, in whole or in part, to any third party, with or without a fee.

• User hereby grants to Company and its sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. User grants to Company and its sublicensees the right to use the name that User submits in connection with the Materials.
  

Third Parties

Users’ wireless carriers, the manufacturers and retailers of the Mobile Devices on which Users are downloading, installing, using or accessing the Mobile Application, the developer of the operating system for Users’ Mobile Devices, and the operator of any application store or similar service through which Users obtain the Mobile Application, if any, (collectively, the “Third Parties”) are not parties to these Terms and Conditions and they do not own and are not responsible for the Mobile Application. The Third Parties are not providing any warranty for the Mobile Application. They are not responsible for maintenance or other support services for it and shall not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the Mobile Application.

Users acknowledge and agree that the Third Parties and their subsidiaries are third party beneficiaries of these Terms and Conditions and that they have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against Users as a third-party beneficiary thereof.

The Mobile Application was built for the most current, generally available version of a User’s Mobile Device's operation system and compatibility issues may be encountered when using older versions. Wireless network coverage and Wi-Fi network speed varies by provider and geographic location. Company is not responsible for limitations and/or failures in performance associated with any wireless or Wi-Fi service used to access this Mobile Application or for the security of any wireless or Wi-Fi service.  Further, Company is not responsible for data network usage charges or fees, which are the sole responsibility of User.

Mobile Application Updates

Company may require Users to update their version of the Mobile Application at any time, which updates may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings when your Mobile Device is connected to the internet either:

(a)         the Application will automatically download and install all available Updates; or

(b)        you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Mobile Application and be subject to all terms and conditions of this Agreement. While every effort will be made to retain Users’ personal settings and preferences, there is still the possibility that they may be lost.

Wireless Coverage Problems and Disabled Features

It is possible that a wireless connection can be interrupted, or that a feature can be disabled, when attempting to conduct transactions on the Mobile Application. Should this happen, Users should review their transaction status to verify the status of the attempted transaction when they return to an area with wireless coverage or have access to a computer.   Users may also contact a customer service representative at the telephone number provided in the “Contact Information” section of the Mobile Application.

U.S. Government End Users

Any software that is part of the Mobile Application and is available for download or use is a “Commercial Item” as that term is defined 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as the terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with these provisions, such software is licensed to U.S. Government end users (a) only as a Commercial Item, and (b) with only those rights as are granted to all other end users pursuant to these Terms of Conditions. Unpublished rights are reserved under U.S. copyright laws.

Term and Termination

(a) The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Term and Termination Section.

(b) You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

(c) Company may terminate this Agreement and User Access at any time without notice, at its sole discretion, included but not limited to if Company ceases to support the Application.  In addition, this Agreement and User Access will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

(d) Upon termination:

               (i)          all rights granted to you under this Agreement will also terminate; and

               (ii)        you must cease all use of the Mobile Application and delete all copies of the Mobile Application from your Mobile Device and account.

(e) Termination will not limit any of Company's rights or remedies at law or in equity.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR THIRD PARTIES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE MOBILE APPLICATION OR THE CONTENT AND SERVICES FOR:

(a)         PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR

(b)        DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Privacy

Our privacy policy pertaining to any information obtained by Company from this Mobile Application can be found in the Privacy section of Company’s web site. Additional privacy rules may apply as stated in portions of this Mobile Application restricted for specific User services.

Use of this Mobile Application involves the electronic transmission of information across the networks of your wireless service provider. Because the Company does not operate or control the wireless networks used to access the Mobile Application, the Company is not responsible for the privacy or security of wireless data transmissions.  Users should use only reputable service providers and check with their wireless service provider for information about its privacy and security practices.

No Endorsement

Company does not recommend, endorse, or support any third-party businesses, services, or products, except for express statements of recommendation or endorsement made by Company, if any, on this Mobile Application. If this Mobile Application provides information about third parties or provides third party content, including links to third party web sites, Company shall not be responsible or liable for any harm or damage related to any third-party information, even if it contains mistakes or errors. Likewise, Company shall not be responsible or liable for any third-party services or products. Please also see the discussion of Links in our Privacy Policy,  including its disclaimer of responsibility for any third-party content.

Disclaimer of Warranty

THE MOBILE APPLICATION IS PROVIDED TO END USER "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE MOBILE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE MOBILE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. No oral or written information or advice given by COMPANY or ITS authorized representatives shall create a warranty or in any way increase the scope of COMPANY’S obligations under these Terms and Conditions.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

Users will indemnify, defend, and hold harmless the Released Parties from any claim, demand, liability, cause of action, lawsuit, damages, or costs (including reasonable attorneys' fees and disbursements) arising in connection with their use of the Mobile Application (including our products, services, and Content), including, but not limited to incorrect Mobile Application information, content, or delivery, or Company or third-party products and services.  Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Users, but doing so will not excuse Users indemnity obligations.

Export Restrictions

The Mobile Application may be subject to US export control laws, including but not limited to the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Mobile Application to, or make the Mobile Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Mobile Application available outside the US.

Location-Enabled Features

Certain location-enabled functionality (e.g., locating the nearest Company payment office or nearest CNG station) made available in the Mobile Application is provided by third party providers.  Users use of that functionality is subject to such third party’s terms and conditions (as updated from time to time).  Users must exercise their own judgment as to the adequacy and appropriateness of the information.  All location-based information is provided entirely “as-is,” without warranties of any kind.

Dispute Resolution

Agreement to Arbitrate Disputes

By using, accessing, downloading, installing, obtaining or providing information from or to this Mobile Application, Users EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN Users AND Company ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE Mobile Application, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR VALIDITY OF ANY PROVISION OF THESE TERMS AND CONDITIONS OR OUR PRIVACY POLICY (COLLECTIVELY “DISPUTES”), SHALL BE RESOLVED by the procedures set forth herein.  If the claim cannot be resolved informally, user hereby agrees to resolve all disputes through CONFIDENTIAL BINDING ARBITRATION, save for the one exception set forth below.  ALL DISPUTES SHALL BE RESOLVED BY ONE ARBITRATOR, WHO WILL BE A NEUTRAL ARBITRATOR AGREED UPON BY BOTH PARTIES TO THE DISPUTES.  IN THE EVENT THAT THE PARTIES CANNOT AGREE ON A NEUTRAL ARBITRATOR AFTER SIXTY (60) DAYS, JAMS SHALL SELECT THE NEUTRAL ARBITRATOR FOR THE DISPUTES.  THE COMPANY SHALL BEAR THE COSTS OF THE MUTUALLY SELECTED ARBITRATOR FOR ALL NON-FRIVOLOUS CLAIMS. THE ARBITRATION WILL BE GOVERNED BY JAMS’ COMPREHENSIVE ARBITRATION RULES and PROCEDURES located at www.jamsadr.com. Users SPECIFICALLY AGREE THAT they ARE BOUND TO RESOLVE ANY AND ALL DISPUTES IN ARBITRATION, INCLUDING BUT NOT LIMITED TO THE ABILITY TO ENFORCE THIS ARBITRATION AGREEMENT.   Each party agrees to pay its own attorneys’ fees and expenses. User and Company further agree that for any claim of damages of less than $10,000, the arbitration may be conducted at plaintiff’s discretion solely based on written submissions. If the dispute is brought by any utility customer of Company, the arbitration shall be conducted in the county or parish where that customer is billed.  If the Dispute is brought by any other party, the arbitration shall be conducted in Louisiana. The arbitrator has the power to award injunctive relief but does not have the power to award punitive damages.  The dispute shall be governed by Louisiana law, without regard to conflict of law provisions.

Waiver of Class Arbitration

To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual basis in each party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.  The arbitrator does not have the power to consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Users expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.  By using, accessing, downloading, installing, obtaining, or providing information from or to, this Mobile Application, Users acknowledge that they are voluntarily and knowingly waiving any right to participate as a representative or member of any class of claimants pertaining to any Dispute.

Enforcement of Arbitration Award

The arbitrator’s award shall be final and binding on all parties subject to these Terms and Conditions and may be entered as a judgment in any court of competent jurisdiction.

Severability

If any provision of these Terms and Conditions is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect and the invalid, void, or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by applicable law.

Additional Android Operating System Device Terms

This Section applies to Users only if such Users use the Mobile Application on an Android Operating System device (e.g., Android Phone, Android Tablet) (any such device, an “Android Device”). Company is solely responsible for the Mobile Application on your Android Operating System Device, and Users may use the Mobile Application on their Android Operating System Device only as permitted by these Terms of Conditions and the “Usage Rules” set forth in the Google Play Terms of Service (https://play.google.com/intl/en_us/about/play-terms.html).  As between Company and Google Inc., to the extent that: (a) Company is required to address any claims related to User’s or a third party's use or possession of the Mobile Application on User’s Android Operating System Device, Company will be responsible for addressing, investigating, or defending the claim; and (b) Company has not effectively disclaimed any warranties relating to the Mobile Application on User’s Android Operating System Device, Company will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Mobile Application fails to conform to any warranty. If the Mobile Application on User’s Android Operating System Device fails to conform to any applicable warranty, User may notify Google Inc. for a refund of the purchase price of the Mobile Application on User’s Android Operating System Device, if any. Google Inc. will not have any other warranty obligations whatsoever with respect to the Mobile Application on User’s Android Operating System Device. Google Inc. and its subsidiaries are third party beneficiaries to these Terms and Conditions and Google Inc., and its subsidiaries may enforce these Terms and Conditions against Users as a third-party beneficiary of these Terms of Conditions.

Additional Apple Device Terms

This Section applies to Users only if such Users use the Mobile Application on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an “Apple Device”). Company is solely responsible for the Mobile Application on your Apple Device, and Users may use the Mobile Application on their Apple Device only as permitted by these Terms of Conditions and the “Usage Rules” set forth in the Application Store Terms and Conditions.  As between Company and Apple Inc., to the extent that: (a) Company is required to address any claims related to User’s or a third party's use or possession of the Mobile Application on User’s Apple Device, Company will be responsible for addressing, investigating, or defending the claim; and (b) Company has not effectively disclaimed any warranties relating to the Mobile Application on User’s Apple Device, Company will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Mobile Application fails to conform to any warranty. If the Mobile Application on User’s Apple Device fails to conform to any applicable warranty, User may notify Apple Inc. for a refund of the purchase price of the Mobile Application on User’s Apple Device, if any. Apple Inc. will not have any other warranty obligations whatsoever with respect to the Mobile Application on User’s Apple Device. Apple Inc. and its subsidiaries are third party beneficiaries to these Terms and Conditions and Apple Inc., and its subsidiaries may enforce these Terms and Conditions against Users as a third-party beneficiary of these Terms of Conditions.