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ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE. USING
THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE
TERMS, YOU MAY NOT ACCESS OR USE THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE THAT
USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
Your Eligibility
This Web site is intended only for persons who can form legally binding
contracts under applicable law. This Web Site is not intended for, and the
services described on this Web site are not available to, individuals age 13
or under. We may, at our sole and absolute discretion, refuse to accept a
person's (or entity's) registration, and may, at any time after accepting
registration, refuse to permit a user’s continuing use of the Web site.
Restrictions on Use of Web Site
No material or information on this Web site ("Web site") may be copied,
reproduced, uploaded, posted, transmitted or distributed except as authorized
in these Terms and Conditions, expressly authorized on the information or
materials themselves, or approved in writing by DQE Communications or DQE,
Inc. (referred to herein as "DQE").
Material and information on this Web site are provided as a public
service. Except for the Third Party Materials addressed below, the materials
and information on this Web site were generated, compiled or assembled at public
expense and are freely available for non-commercial, non-profit making use,
provided you keep intact all copyright, trademark and other proprietary notices
on the originals of these materials and any copies thereof.
You may not modify the materials at this Web site in any way or reproduce or
publicly display, perform, or distribute or otherwise use them for any public
or commercial purpose. Any such prohibited use may violate the copyrights and/or
other proprietary rights of third parties. Any use of the materials on this
Web site on any other Web site is prohibited.
Third Party Materials
Some materials and information used on this Web site (including, but not
limited to, icons, graphics, links, descriptions, and general content) were
generated by third parties ("Third Party Materials") who have consented to
DQE's use or placement of such materials on this site. These materials are
owned by those parties. Use of these Third Party Materials for any purpose is
prohibited. Persons seeking to use or modify Third Party Materials for any
purpose should contact the owner of such materials directly.
Third parties may supply information for posting on or access through this
Web site, but they do not control the content or policies of this Web site.
Disclaimer for Hypertext Links and Frames
Links in this Web site will allow other Web sites to be accessed from this Web
site. Links to these other Web sites are provided as a convenience to you.
Furthermore, you may notice that in certain instances, the DQE frame will
remain when you access these other Web sites. DQE has not reviewed all of
these other Web sites and does not control and is not responsible for any
of these Web sites or their content, and neither the provision of the link,
nor the presence of the DQE frame indicates, either impliedly or expressly,
that DQE has performed such review or is responsible for the content of such
sites. Therefore, DQE is not responsible for the contents of any such
materials referenced. You specifically acknowledge that DQE is not liable for
the defamatory, offensive or illegal conduct of other users, links or third
parties, and that the risk of injury from the forgoing rests entirely with
you. DQE does not endorse or make any representations about these other Web
sites, or any information or other products or materials found there, or any
results that may be obtained from using them. It is your responsibility to
evaluate the content and usefulness of materials or information obtained
from other sites. If you decide to access any of the third party Web sites
linked to this Web site, you do so at your own risk.
Trademark and Copyright Information
This Web site is operated and maintained by DQE Communications. The contents
of this Web site are ©2003 DQE Communications. All Rights Reserved. All logos,
artwork, stories, information, names and other elements associated thereto are
the sole and exclusive property of DQE. The sale, auction, loan, lease, gift,
trade, barter or use of any of the text, graphics, photographs, audio and/or
video materials or stills from any materials contained on this Web site for
any purpose other than for private, non-commercial viewing purposes without
the prior written consent of DQE is strictly prohibited. The creation of
derivative works based on the materials contained on this Web site including,
without limitation, products, services, icons, link buttons, wallpaper,
desktop themes, and unlicensed merchandise is expressly prohibited.
Submission of Materials
Any and all comments, suggestions, ideas, graphics, or other information
that you transmit or post to this Web site become and will remain the
property of DQE and may be used by DQE anywhere, anytime and for any reason
whatsoever. Any materials or information submitted to DQE will be treated as
non-confidential and non-proprietary, and DQE will not have any obligation to
use or evaluate any information we receive from you. DQE will not have to pay
you or anyone else for using any ideas or other materials that you may
transmit to or post on this Web site. You should rely solely on your rights
under the patent, trademark, and copyright laws. The receipt or consideration
of your information by DQE shall in no way impair the right of DQE to contest
the validity of your patent, trademark, or copyright. You are prohibited from
posting or transmitting to or from this Web site any material in poor taste or
which could constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, infringe on a third party's intellectual
property rights, or otherwise violate any law or regulation. Even though DQE may
monitor and review transmissions, DQE assumes no responsibility or liability
which may arise from the content thereof, including -- but not limited to --
claims for defamation, libel, slander, obscenity, pornography, profanity or
misrepresentation.
Investor and Financial Information
The information on this Web site is not an offer to sell, nor a solicitation
of an offer to buy, securities. The financial information contained herein
represents only certain financial highlights and should not be relied upon
for any purpose as a complete, accurate or current financial profile of DQE.
Finally, we expressly remind you that information contained in the "archived"
sections of our Web sites, is, by definition, not fresh information, and that
your evaluation and use of that information should be made with that in mind.
For complete financial information, see the company's most current 10K, 10Q
and other SEC filings. To obtain an annual report, contact the DQE Shareholder
Relations Department from our Contact Page.
Disclaimer of Warranty
THIS WEB SITE, AND ALL INFORMATION AND MATERIALS CONTAINED OR PROVIDED
HEREIN, ARE PROVIDED TO YOU "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
DQE does not warrant that the functions contained in the materials in
this Web site will be accurate, complete, uninterrupted or error-free, that
defects will be corrected, or that this Web site or the server that makes it
available are free from viruses or other harmful components.
DQE does not warrant or make any representations regarding the use or the
results of the use of the materials or information in this site, or the
accuracy, adequacy, completeness, legality, reliability, or usefulness of
any materials or information in this Web site. Changes may be periodically
made to the content of materials or information in this Web site, and these
changes may or may not be reflected in the materials or information as
presented in this Web site. Additionally, due to the dynamic nature of the
Internet, materials and information freely available one day may be restricted
the next day, or undiscoverable due to changes in the organization of menus,
homepages or files. If you have obtained materials or information claimed to be
from DQE from a source other than DQE or this Web site, please be aware that
such information may not have been approved or sanctioned by DQE, as electronic
data can be altered subsequent to its original distribution. Also, data and
information can quickly become out- of-date. It is recommended that careful
attention be paid to the contents of any data associated with a file, and that
the originator of the data or information be contacted with any questions
regarding appropriate use. Information published on this Web site may refer to
products, programs or services that are not available in your country. You
assume total responsibility and risk for use of this Web site.
Limitation of Liability
NEITHER DQE, ITS SUPPLIERS, OTHER THIRD PARTIES MENTIONED AT THIS WEB SITE,
NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEB SITE WILL
BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR ACCESS TO
AND USE OF THIS WEB SITE OR FROM YOUR INABILITY TO ACCESS AND USE THIS WEB SITE,
INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM DOWNLOADING OF ANY
MATERIAL CONTAINED ON THIS WEB SITE OR FROM LINKING TO OTHER WEB SITES FROM
THIS WEB SITE. NOR WILL ANY SUCH PARTY BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR
EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY FROM YOUR USE
OF, OR INABILITY TO USE, THIS WEB SITE. THIS DISCLAIMER OF LIABILITY APPLIES
TO ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, ANYTHING CAUSED BY: A)
FAILURE OF PERFORMANCE; B) ERROR; C) OMISSION; D) INTERRUPTION; E) DELETION;
F) DEFECT; G) DELAY IN OPERATION OR TRANSMISSION; H) INCOMPLETE OR INACCURATE
INFORMATION; I) VIRUSES; J) BUGS; K)HUMAN ACTION OR INACTION; L) ANY COMPUTER
SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS; M) THEFT OR
DESTRUCTION; N) UNAUTHORIZED ACCESS; OR O) ANY OTHER ERRORS, FAILURE OR DELAYS
IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.
Indemnification
To the extent permitted by applicable law, you agree to defined, indemnify
and hold harmless DQE and its directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out
of your use of this Web site or materials or information contained herein.
Jurisdiction; Choice of Law and Forum
DQE does not imply that the materials published on this Web site are designed
or appropriate for use outside of the United States. If you access our Web
site from outside of the United States, please be aware you are responsible
for compliance with any applicable local laws. To the extent any applicable
local laws prohibit your viewing and use of this Web site, you may not view or
use this Web site.
These terms and conditions and your use of this Web site shall be
governed by and construed in accordance with the laws of the Commonwealth
of Pennsylvania, excluding its conflicts of law rules. You expressly agree
that the exclusive jurisdiction for any claim or action arising out of or
relating to these terms and conditions or your use of this Web site shall be
filed only in the state or federal courts located in Pittsburgh, Pennsylvania,
and you further agree and submit to the exercise of personal jurisdiction of
such courts for the purpose of litigating any such claim or action.
Severability and Integration
These Terms and Conditions and our Privacy Policy constitute the entire
agreement between you and DQE with respect to this Web site; provided,
however, that certain provisions of these Terms and Conditions may be superceded
by expressly designated legal notices or terms which may be located on
particular pages on this Web site. If any part of these terms and conditions
are held to be invalid or unenforceable, the remaining parts shall remain in
full force and effect.
Revisions and Consents
DQE reserves the right to revise these Terms and Conditions at any time and
for any reason. We also reserve the right to make changes at any time, without
notice or obligation, to any of the information contained on this Web site.
By entering this Web site, you acknowledge and agree that you shall be bound
by any such revisions. Accordingly, you should periodically visit this page to
review these Terms and Conditions. In fact, we hope you will return to our Web
site often.
You may at any time print, download and/or store a copy of this Agreement.
If you experience any difficulty in printing, downloading or storing this
Agreement, please contact us at the address listed below.
Contact Information
Requests for the consent or approval of DQE or any notifications of claimed
copyright infringement should be made in writing and directed to:
General Counsel, DQE, Inc
411 Seventh Avenue, 9-1
Pittsburgh, PA 15219
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