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Cautionary Statement Regarding Forward-Looking Information
This Site may contain forward-looking statements within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements are based on management’s beliefs and assumptions and can often be identified by terms and phrases that include “anticipate,” “believe,” “intend,” “estimate,” “expect,” “continue,” “should,” “could,” “may,” “plan,” “project,” “predict,” “will,” “potential,” “forecast,” “target,” “guidance,” “outlook” or other similar terminology. Various factors may cause actual results to be materially different than the suggested outcomes within forward-looking statements; accordingly, there is no assurance that such results will be realized.
Risk factors and uncertainties are identified and discussed in Duke Energy’s reports filed with the SEC and available at the SEC’s website at sec.gov. In light of these risks, uncertainties and assumptions, the events described in the forward-looking statements might not occur or might occur to a different extent or at a different time than described. Forward-looking statements speak only as of the date they are made, and Duke Energy expressly disclaims an obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
Limitation Concerning Investment Opinions and Advice
At times, Duke Energy or other users may post information on the Site concerning investment strategies or advice. This information is solely intended to provide you with general opinions regarding purchasing strategies, pricing options and reporting options. By using this Site, you understand and agree that: (a) Duke Energy is not acting as a fiduciary or financial or investment advisor for you; (b) you will not rely upon any representations (whether electronic, written or oral and whether or not contained on this site) of Duke Energy contained herein; (c) you have not engaged Duke Energy (directly or indirectly through any other person) to provide any advice, counsel, assurance, guarantee or representation whatsoever as to the expected or projected success, profitability, return, performance, result, effect, consequence, or benefit (either legal, regulatory, tax, financial, accounting, or otherwise) of any arrangement, opportunity or transaction; and (d) you will consult with your own legal, regulatory, tax, business, investment, financial, and accounting advisors concerning any information contained herein and you will make your own investment, trading, hedging and other decisions based upon your own judgment and upon any advice from such advisors, and not upon any view expressed by Duke Energy.
“Market Snapshot” Information
If any market information is displayed, linked to, or accessible on the Site, the Closing Price, Day's High, Day's Low and Day's Volume have been adjusted to account for any stock splits and/or dividends that may have occurred for this security since the date shown above. The Actual Price is not adjusted for splits or dividends. The Split Adjustment Factor is a cumulative factor that encapsulates all splits since the date shown above. The closing price above is not necessarily indicative of future price performance.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Duke Energy, its affiliates or third parties who have licensed their materials to Duke Energy and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Site is the exclusive property of Duke Energy and is also protected by U.S. and international copyright laws. Duke Energy and its suppliers, affiliates, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Duke Energy’s or any third party's intellectual property rights. The Duke Energy names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Duke Energy. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner, except as may be expressly permitted herein.
Registration, Submissions and Comments
You are not obligated to but you may choose to register as a user in order to access and participate in certain features offered on the Site, including discussion forums where applicable. When you register, you will be asked to disclose personal information (which may include, without limitation, your name, email address or ZIP code), or if you are registering your business, you will be asked to disclose information about your business (which may include, without limitation, your business name, physical address including ZIP code, a preferred and alternate phone number, your business’ Federal Tax Identification Number, and the type of business). Duke Energy may refuse to grant you, and you may not use, without the owner’s authorization: an email address that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person; or is vulgar or otherwise offensive. You agree to notify Duke Energy of any unauthorized use of your account or any other breach of security with respect to your account. Duke Energy will not be liable for any loss or damage arising from unauthorized use of your account. You agree to provide true, accurate, current and complete information about yourself as requested in the registration form. You also agree to update the information about yourself as necessary to keep it current and accurate.
For all comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Duke Energy on or through this Site, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant Duke Energy a royalty-free, irrevocable, transferable right and license to use the Comments however Duke Energy desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. Duke Energy will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
Duke Energy does not regularly review Comments submitted by a user but has the right (but not the obligation) to monitor, review, revise and/or remove any Comments posted by a user. Duke Energy assumes no liability for any Comments posted by a user. YOU ARE SOLELY RESPONSIBLE FOR ANY COMMENTS THAT YOU SUBMIT, THE CONSEQUENCES OF POSTING THOSE COMMENTS AND YOUR RELIANCE ON ANY COMMUNICATIONS FOUND IN ANY COMMENTS. DUKE ENERGY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY COMMENTS SUBMITTED BY YOU OR ANY THIRD PARTY.
Arbitration Agreement and Class Action WaiverA. Mandatory Arbitration. YOU AND DUKE ENERGY AGREE TO SUBMIT ANY AND ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE (EACH, A “DISPUTE”) TO BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT (TITLE 9 OF THE UNITED STATES CODE), WHICH SHALL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”). YOU AND DUKE ENERGY WAIVE THE RIGHT TO A TRIAL BY JURY AND ANY RIGHT TO HAVE A DISPUTE HEARD IN COURT.
In arbitration, Disputes are resolved by a neutral arbitrator instead of a judge or jury, discovery is more limited than in court, and the arbitrator's decision is subject to limited review by courts. The arbitrator can award on an individual basis the same damages and relief as a court, including monetary damages, injunctive relief and declaratory relief. Judgment on the arbitrator's award may be entered in any court having jurisdiction thereof. A single arbitrator with the American Arbitration Association ("AAA") will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or another mutually agreed location. The AAA's Consumer Arbitration Rules will apply. If AAA will not apply those rules, then AAA's Commercial Arbitration Rules will apply. The AAA's rules and a form that can be used to initiate arbitration proceedings are available at http://www.adr.org. You and Duke Energy agree that if for any reason AAA will not conduct or becomes unavailable to conduct the arbitration, then a court may appoint a substitute arbitrator, and further agree that the choice of AAA as a forum is not integral to the Arbitration Agreement.
B. Arbitration Class Action Waiver. You and Duke Energy agree that the arbitration will be conducted solely on an individual basis and not on a class, representative, consolidated or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the arbitration proceeding. The arbitrator may not award relief to any person or entity other than a party to the arbitration proceeding and may only award such relief as is necessary to provide relief to a party to the arbitration proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Arbitration Agreement will be null and void.
C. Fees and Costs in Arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Duke Energy will reimburse you for those fees up to $7,500, unless the arbitrator determines the claims are frivolous. Likewise, Duke Energy will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
D. Non-Arbitration Class Action and Jury Waiver. You and Duke Energy agree that if for any reason a Dispute proceeds in court rather than arbitration: (1) you and Duke Energy waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor Duke Energy may be a class representative or class member or otherwise participate in any class, representative, consolidated or private attorney general proceeding.
Limitation of Liability
Please note that:
- If you wish to retain a copy of such Disclosures, you should print paper copies or reserve sufficient memory on your computer or mobile device.
- You may withdraw your consent to receive future Disclosures in electronic format by contacting Customer Service.
- In order to receive Disclosures electronically, you will need: a computer or a mobile device and software that provides the capability to: receive and send messages from an e-mail address; access and view internet web sites designed for use with generally available internet browsers; or open, view and print files in Portable Document Format (“PDF”); a valid e-mail address; internet access and access to a printer or sufficient memory on your computer or mobile device to save an electronic copy of your Disclosures.
Voice, SMS/Texting and Email Communications
Paperless Billing and Online Payment Services
B. Customer Account Eligibility. There are several customer account attributes that, when present, may exclude a Duke Energy account from being eligible for participation in Duke Energy’s Online Payment Services. Those customer account attributes are: (i) your electric account's class or type is not eligible; (ii) your account shows that return check(s) have been received within the last 12 months; (iii) your electric account is associated with a consolidated billing agreement, which means that your electric account billings are combined and reported with one or more other account billings each month; (iv) your account receives Electronic Data Interchange billing; (v) your account is coded for special handling prior to release each month; (vi) meter reading data from two or more meters located on your premises have been combined; (vii) you asked Duke Energy to deactivate your Online Payment Services account; or (viii) your electrical account billing exceeded $1 million within the last 12 months.
C. Consent to Electronic Bills. Duke Energy will discontinue mailing monthly bills to you if you enroll in the Paperless Billing Program. By enrolling in the Paperless Billing Program, you thereby: (i) affirmatively consent to Duke Energy providing billing information to you electronically and to the discontinuance of paper bills for your account(s) and (ii) agree to manage the accounts you select during enrollment electronically using the Paperless Billing Program. You also consent to the sending of electronic messages relating to the Paperless Billing Program by Duke Energy (directly or through third-party vendors engaged by Duke Energy).
Please note that:
- If you enroll in the Paperless Billing Program, you must print copies of your bills if you desire paper copies for your records (Duke Energy will not provide paper copies of your bill).
- You may withdraw your consent for receiving electronic bills at any time by using the applicable feature of the Site, but it may take one billing cycle after you withdraw such consent before you begin receiving bills in paper form.
- You must keep your electronic contact information current by using the applicable feature of the Site.
- In order to participate in the Paperless Billing Program, you will need a computer or mobile device and software that provides the capability to: receive and send messages from an email address; access and view internet web sites designed for use with generally available internet browsers; or open, view and print files in Portable Document Format (“PDF”), a working e-mail address; Internet access, and a printer or sufficient memory on your computer or mobile device to save an electronic copy of your bills.
- While participants in the Online Payment Services receive email notifications regarding bills, you agree that non-receipt of such e-mail messages shall not excuse the late payment of any bill. Duke Energy recommends that you log onto the Online Payment Services portion of the Site periodically to view upcoming bills.
D. Consent to Electronic Payment. Duke Energy’s Online Payment Program allows you to electronically pay your monthly utility bill from one or more of your checking or savings accounts. Using the Online Payment Services, you can electronically authorize a one-time payment of your monthly bill on the day you select (Note: PNG customers may only select the day the payment is due.), or set up a recurring payment to have your bill amount deducted automatically from your bank account on the due date. By enrolling in Online Payment Service, you thereby authorize Duke Energy (directly or through third-party vendors engaged by Duke Energy) to initiate debit transactions to the account(s) designated by you for the purpose of paying your power bill and to comply with other instructions provided by you relating to the Online Payment Service. The foregoing authorization specifically includes authorization to initiate debits using Automated Clearing House (“ACH”) as well as other Electronic Funds Transfer (“EFT”) processes.
Please note that:
- You may withdraw your authorization for Duke Energy to initiate debit transactions to the account(s) designated at any time by disabling this feature through the Site, but it may take one billing cycle after you withdraw such authorization before such withdrawal becomes effective.
- You must keep your electronic contact information current by using the applicable feature of the Site.
- In order to participate in the Online Electronic Payment Program you will need to use computer hardware and software that provide the capability to: receive and send messages from an email address; access and view internet web sites designed for use with generally available internet browsers; and open, view and print files in Portable Document Format (“PDF”).
If Duke Energy is notified that there are insufficient funds (“NSF”) in your account to pay a bill authorized for payment by you via the Online Payment Service, Duke Energy will make a subsequent attempt to debit your account. If in response to such subsequent debit attempt Duke Energy is notified that there are still insufficient funds in your account to pay such bill, Duke Energy will add, and you agree to pay, a fee in the amount of $20 if the address in question is in the state of North Carolina, South Carolina, Florida, Ohio, or Indiana. For the state of Kentucky, the fee is $11. Please note that such fee is in addition to any NSF fees that may be imposed by your financial institution on the first and/or subsequent debit attempt resulting in an NSF notification.
If PNG is notified that there are insufficient funds in your account to pay a bill authorized for payment by you via the Online Payment Service, PNG will add, and you agree to pay, a fee in the amount of $25. Please note that such fee is in addition to any NSF fees that may be imposed by your financial institution on the first and/or subsequent debit attempt resulting in an NSF notification.
F. Automatic Monthly Payment Restrictions. If you are enrolled in the Automatic Monthly Payment feature and you transfer service to a new address within the Duke Energy service territory, Duke Energy will attempt to enroll the new address in Online Payment Services as well (Note: This attempt to re-enroll is not currently available for PNG customers.). However, for the new address, you will need to re-enter your bank account information and re-select the Automatic Monthly Payment feature for the new account. When you elect to participate in the Automatic Monthly Payment feature (or add a new account to Automatic Monthly Payment), the account will be automatically paid with the next bill issued. To avoid late fees on existing charges, you should make a payment prior to the Automatic Monthly Payment for the next month’s bill. You may reference your Online Payment Activity page, or contact Duke Energy Customer Service by phone or email, to determine whether the Automatic Monthly Payment feature has occurred. Duke Energy will credit the amount of the Automatic Monthly Payment to your account as of the date the funds are received by Duke Energy. You may stop any Automatic Monthly Payment through the Online Payment Service, or by notifying Duke Energy orally or in writing at least three business days before the scheduled date of the transfer. Through the Online Payment Service, you may choose to receive an email notice of the amount and date of an Automatic Monthly Payment at least 10 days prior to the scheduled date of payment. Receiving this e-mail notification is not an option if you elect to have your bill automatically paid on the date the bill was issued.
G. Information Authorization. By participating in the Online Payment Service, you agree that Duke Energy may obtain financial information regarding your designated payment account(s) from your financial institution for the purposes of performing electronic payments, resolving payment issues and verification.
H. Liability for Unauthorized Transfers. You must report an unauthorized electronic fund transfer to Duke Energy within 60 days of your bank’s transmittal of a statement containing such unauthorized transfer to avoid liability for subsequent transfers. If you fail to do so, your liability shall not exceed the amount of the unauthorized transfers that occur after the close of the 60 days and before notice to Duke Energy and that Duke Energy establishes would not have occurred had you notified us within the 60-day period. If your delay in notifying us was due to extenuating circumstances, Duke Energy may extend the times specified above to a reasonable period. Notice to Duke Energy is considered given when you take steps reasonably necessary to provide Duke Energy with the pertinent information, whether or not a particular employee or agent of Duke Energy actually receives the information. You may notify Duke Energy in person, by telephone or in writing. Written notice is considered given at the time you mail the notice or deliver it for transmission to Duke Energy by any other usual means. Notice may be considered constructively given when Duke Energy becomes aware of circumstances leading to the reasonable belief that an unauthorized transfer to or from your account has been or may be made. If state law imposes less liability than is provided by this section, your liability shall not exceed the amount imposed under the state law. (Note: The time limits described above do not apply to PNG customers.)
I. Payment Processing Errors, Notices and Procedures. When you believe an error exists, you must provide Duke Energy with an oral or written notice of error within 60 days of the date that you receive a statement or documentation from Duke Energy or your bank pertaining to the error. Your notification must identify you by name and account number, and indicate why you believe an error exists. Your notice must also include to the extent possible the type, date and amount of the error. Duke Energy shall investigate promptly and, except as otherwise provided below, shall determine whether an error occurred within 10 business days of receiving your notice of error. Duke Energy shall report the results of our investigation to you within three business days after completing our investigation. Duke Energy shall take all reasonable steps to correct the error within one business day after determining that an error occurred. If Duke Energy is unable to complete its investigation within 10 business days, we may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred. In such case, Duke Energy shall: (i) provisionally credit your account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice; (ii) inform you, within two business days after the provisional crediting, of the amount and date of the provisional crediting; (iii) correct the error, if any, within one business day after determining that an error occurred; and (iv) report the results to you within three business days after completing our investigation. If Duke Energy determines that no error occurred or that an error occurred in a manner or amount different from that described by you, Duke Energy’s report of the results of its investigation shall include a written explanation of our findings and shall note your right to request the documents that we relied on in making our determination. Upon request, we shall promptly provide copies of the documents. Upon debiting a provisionally credited amount, Duke Energy shall notify you of the date and amount of the debiting. In the event that you have questions about the Online Payment Services, please call Duke Energy or contact Duke Energy by using the “contact us” feature of the Site. (Note: The time limits described above do not apply to PNG customers.)
B. Indiana, Ohio and Kentucky Customers. Non-regulated services offered by Duke Energy are not in any way sanctioned by the Indiana Utility Regulatory Commission, the Public Utilities Commission of Ohio or the Public Service Commission of Kentucky. Purchasers of these products will receive no preferential or special treatment from Duke Energy in regard to their regulated electric service. A customer does not have to buy these products in order to receive the same safe and reliable electric service from Duke Energy.
C. Florida Customers: Duke Energy Florida, LLC (DEF) and its affiliates offer optional, market-based products and services that are separate from the regulated services provided by DEF. These services are not regulated by the Florida Public Service Commission. Purchasers of these products will receive no preference or special treatment from DEF for regulated services. A customer does not have to buy these products or services from DEF or its affiliates in order to receive the same safe and reliable electric service from DEF. Nonpayment for these products or services may result in removal from the program, but will not result in disconnection of electric service. These goods or services may also be available from other non-Affiliated suppliers.
Smart Meter Usage GatewayDuke Energy has developed a gateway device that can be connected to your router ("Gateway Device") which provides communication to the electric AMI Smart Meter, via a mobile application (the "Mobile App"). Duke Energy shall not be liable for any damage or loss incurred by you as a result of your use of the Gateway Device or the Mobile App.
You agree that the Mobile App may not be relied upon for the transmission of data relating to emergency or life threatening situations, or where failure could lead to death or personal injury. To the fullest extent permitted by law, you assume all risk of loss related to your use of the Gateway Device and the Mobile App.