Term of use
Effective Date / Last Revised: February 24, 2021
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU USE THE SITE.
By accessing or using the Site, you agree that you have read, understand and agree to comply with these Terms. If you do not agree with these Terms, do not access or use the Site.
You must be the age of majority (which is typically eighteen (18) years old) in your place of residence to use this Site. If you are under the age of majority, you must not access or use this Site. You are responsible for any internet access, software, mobile data, or any other device or services needed to access the Site, at your own expense.
TO THE EXTENT THESE TERMS ARE HELD TO BE A CONSUMER AGREEMENT, CERTAIN PROVISIONS HEREIN MAY BE PROHIBITED BY APPLICABLE LAW IN CERTAIN JURISDICTIONS AND WILL NOT APPLY TO YOU
NOTICE OF DISCLAIMERS, LIMITATIONS AND ARBITRATION; WAIVER OF CLASS ACTION
THESE TERMS CONTAIN WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AND ARBITRATION PROVISIONS, INCLUDING YOUR AGREEMENT TO RESOLVE DISPUTES ARISING FROM OR RELATING TO THE SITE, THE CONTENT, THESE TERMS, OR THE PRIVACY & COOKIES POLICY, THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE AES IN A CLASS ACTION LAWSUIT.
Updates to These Terms
We will update these Terms from time to time. Any changes to these Terms will become effective when we post the revised Terms on the Site. We will conspicuously post material changes to these Terms on the Site or otherwise communicate them to you. Your use of the Site following any changes means that you accept the revised Terms.
Privacy & Cookies Policy
We may collect certain information from you when you access and use the Site as described in our Privacy & Cookies Policy , which is incorporated into these Terms by this reference. The Privacy & Cookies Policy describes when we collect personal information and other types of information, how we use it and when we share it.
ContentThe Site contains certain Content. The word “Content” means any and all information, materials, documents, text, audio, sounds, music, illustrations, video, images, artwork, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, training materials, questions, functions, processes, other components and content, look and feel, and the design, selection, and arrangement of Content, including all intellectual property rights in the foregoing. Unless otherwise indicated on the Site, all Content is the exclusive property of AES or, licensed for use by AES.
Use Rights to the Site and Content; Linking to the Site
AES grants users of the Site a personal, non-commercial, limited, non-exclusive, non-transferable, terminable right to access and use the Site, subject to each user's compliance with these Terms, any terms and conditions posted throughout the Site, the Privacy & Cookies Policy and applicable laws. This limited right automatically terminates without notice to a user if he or she violates these Terms.
Other than as stated in the Terms, you may not copy, modify, frame, mirror, or distribute the Content in any form (including by e-mail or by incorporating it in another website) without written permission from AES. AES encourages you instead to direct others to aes.com.
Commercial use, broadcasting or otherwise disseminating any Content in any media without the prior written consent of AES is strictly prohibited. AES reserves the right to restrict access to this Site and add, discontinue or modify any authorizations to use the Site.
If you wish to create a link from your website to aes.com, you may do so provided that, unless otherwise agreed with AES, you do not use our trademarked logo for the link, you only link to the AES homepage, and you do not state or imply that AES sponsors or endorses your website, or that there is any connection or relationship between you and AES. Links to pages within the Site other than to the home page (otherwise known as deep-linking) requires AES’ prior written permission.
Intellectual Property Rights
The Site and Content are protected by U.S. and foreign copyright, trademark, and other intellectual property laws. Except for the rights expressly granted to you in these Terms, AES reserves all other rights, title and interest in and to the Site and Content, including all intellectual property rights therein. AES' ownership interest in and to the Site and Content include any materials copied, printed or displayed relating to the Site or Content.
Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to AES or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
Use of Marks
AES owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any AES Marks except as expressly agreed to in a signed writing by AES.
For example (but without limitation), the following trademark used in this Site is the trademark of AES:
To the extent a name or logo does not appear above, this shall not constitute a waiver of any and all intellectual property rights AES has established in any of its product or service names, slogans, or logos.
In addition, the Site may contain third-party trademarks, names, logos, insignia or services marks, and third-party copyrighted materials which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third party’s consent.
You agree to use the Site and the Content (to the extent permissible under these Terms) only for lawful purposes. You are prohibited from engaging in any of the following behaviors or actions when using the Site or Content or posting on or transporting through the Site:
- any infringing; harmful; threatening; fraudulent; libelous; abusive; harassing; defamatory; vulgar; obscene; pornographic, indecent; offensive; harmful to another person; sexually explicit; profane; hateful; racist; or illegal material of any kind or the like;
- invading the privacy of another or using the confidential or proprietary information of another;
- using materials protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights;
- violating any applicable international, federal, state, or local laws, rules, or regulations;
- copying, duplication, reproducing, distributing, transmitting, publishing, selling, posting, licensing, renting, modifying, translating, adapting, reverse-engineering, broadcasting, or creating derivative works of the Site or the Content without the prior written permission of AES or the applicable owner;
- in AES’ judgment, adversely affecting the performance or function of the Site or the Content or restricting or inhibiting anyone’s use or access to the Site or the Content;
- using any robot, spider, bot, web crawler, or other automated devices or mechanisms to access, use, gather information or copy any portion of the Site or the Content;
- introducing any viruses, Trojan horses, worms, time bombs, cancelbots, malware, ransomware, adware, or other computer programming routines which are malicious or may damage, interfere with, surreptitiously intercept, or expropriate the Site or the Content;
- framing or using framing techniques, mirroring or circumventing the navigational structure of any portion of the Site or the Content;
- placing false or misleading information on the Site, committing fraud or falsifying information in connection with your use of the Site, or acting maliciously against the business interests or reputation of AES or its customers;
- using the Site or Content to create a competing website or for commercial use in any way;
- harvesting email addresses, names, or other Personal Data of the users of the Site or to spam other users of the Site;
- engaging in any conduct while using the Site that AES considers inappropriate, unauthorized, or contrary to the intended purpose of the Site; or
- posting any material that may give rise to civil liability.
If AES is notified of any breach of these Terms by you, AES may investigate and in its sole discretion remove or require the removal of any material that breaches these Terms. In addition, AES may exercise the termination or suspension rights described in the "Termination" section below, and/or AES may cooperate with law enforcement to address your activity.
Although AES takes reasonable precautions to avoid the introduction of viruses or malware through the Site or in emails it sends, AES does not guarantee a virus-free Site or emails. We advise you to use up-to-date virus scanning software on your computer to further reduce the risk of encountering a virus or other malware. YOU USE THE SITE AND REVIEW EMAILS SENT BY AES AT YOUR SOLE RISK. AES EXPRESSLY DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SITE AND YOUR RECEIPT OR REVIEW OF EMAILS FROM AES.
Information You Provide
When you provide information to us, for example, when you fill-out an online form, you agree that you only provide current, accurate information and you only provide information that you have a right to share. Do not provide us any information that violates the law or another person’s intellectual property rights or privacy rights.
Although AES makes commercially reasonable efforts to review the Content on the Site, AES may not monitor or promptly remove any material you post to the Site. YOU AGREE TO HOLD AES AND ITS AFFILIATES AND SUBSIDIARIES HARMLESS FOR ANYTHING YOU POST ON, UPLOAD TO, OR DISTRIBUTE USING THE SITE.
When you browse job opportunities or apply for a job with AES, you will be taken to a third-party website to submit your resume and other materials and to apply for various career opportunities. Please see our Privacy & Cookies Policy for more information regarding the use of your Personal Data when applying for a job with AES.
You warrant that all information contained in any job application you provide is current, accurate, and complete. Do not provide any resume or other job application materials for any person other than yourself. Your submission of a job application does not in any way require AES to review that application or consider you for employment. The availability of career opportunities is subject to change at any time, at our sole discretion and without notice.
Programs, Products, and Rates
The prices and availability of programs, products, services, and rates mentioned on or made available through the Site are subject to availability, may not be available for immediate delivery, and terms not described in these Terms may apply. AES may change the prices, programs, products, services, and rates at any time without notice to you. Availability of prices, programs, products, services, and rates may be limited in certain areas, jurisdictions or countries.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, STATUTE, OR USAGE IN TRADE.
AES DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, SECURITY, TIMELINESS, OR AVAILABILITY OF THE SITE OR ITS CONTENT. AES DOES NOT WARRANT THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE, CONTENT OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. AES HAS NO OBLIGATION TO PROVIDE SUPPORT OR MAINTENANCE FOR THE SITE OR CONTENT.
THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL AES, ITS SUBSIDIARY OR AFFILIATE COMPANIES, SERVICE PROVIDERS, SUPPLIERS, PROFESSIONAL ADVISORS, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OWNERS, OR AGENTS (INDIVIDUALLY, AN “AES PARTY” AND TOGETHER, THE “AES PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, THESE TERMS, THE PRIVACY & COOKIES POLICY, OR YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF AN AES PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
IF YOU BECOME DISSATISFIED WITH THE SITE, THE CONTENT, THESE TERMS OR THE PRIVACY & COOKIES POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE AND CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE AES PARTIES, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, THESE TERMS, THE PRIVACY & COOKIES POLICY, OR YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, EXCEED ONE HUNDRED U.S. DOLLARS ($100).
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OR EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL INDEMNIFY, DEFEND (AT AES’ REQUEST), AND HOLD HARMLESS THE AES PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION COURT COSTS AND REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SITE OR THE CONTENT; (B) YOUR ORDER OF AND PARTICIPATION IN PROGRAMS, PRODUCTS, AND SERVICES THROUGH THE SITE; (C) YOUR VIOLATION OF ANY APPLICABLE INTERNATIONAL, FEDERAL, STATE OR LOCAL LAWS, RULES OR REGULATIONS; (D) YOUR SUBMISSION OF USER-GENERATED CONTENT; (E) YOUR INFRINGEMENT OR MISAPPROPRIATION OF AES’ OR ANY THIRD-PARTY’S INTELLECTUAL PROPERTY RIGHTS; OR (F) YOUR VIOLATION OF THESE TERMS OR ANY TERMS OR POLICIES SET FORTH ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
RESOLVING DISPUTES WITH AES - ARBITRATION
BOTH PARTIES AGREE TO RESOLVE ANY DISPUTES ARISING UNDER THESE TERMS, THE PRIVACY & COOKIES POLICY OR RELATING TO THE SITE THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, AS SET FORTH BELOW.
WAIVER. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST AES IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING.
In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to AES’ right to appeal.
Good Faith Discussions. You and AES must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then such dispute shall be resolved solely by binding arbitration as set forth in these Terms.
Rules. You and AES agree that arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (the “Rules”). The Rules can be found at: https://www.adr.org/Rules. You and AES agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act governs the interpretation and enforceability of this agreement to arbitrate.
Initiating a Claim. The party initiating arbitration must provide the other party a Demand for Arbitration in accordance with the Rules. Any Demand for Arbitration shall be in writing and shall be delivered to the other party and the AAA. The dispute shall be heard by three (3) neutral arbitrators, who shall be selected as follows: (a) the party initiating the arbitration shall nominate an arbitrator in its demand for arbitration; (b) the responding party shall nominate an arbitrator within 15 days of its receipt of the demand for arbitration; (c) within 15 days of the appointment of the two arbitrators by the AAA (which period may be extended upon agreement of the parties), the two arbitrators shall jointly nominate the third arbitrator, who shall serve as the chair of the arbitration. If the two party-nominated arbitrators cannot agree on the appointment of the chair within the designated period, the AAA shall appoint the chair in accordance with the Rules.
Arbitrator. The arbitrators shall have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site or Content, including as to the enforceability and/or formation of this agreement to arbitrate made between you and AES.
Location; Language. You agree that arbitration shall take place exclusively in Arlington County, Virginia. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary. Arbitration shall be conducted in the English language.
Confidentiality. The arbitration and information disclosed during arbitration may not be disclosed to any third party except as required by law. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
Changes to this Agreement to Arbitrate. If AES modifies this arbitration provision, you may reject that change by sending AES written notice within thirty (30) days of our posting of the change to the Site and you must immediately stop using the Site and Content.
The Arbitrator’s Decision. The arbitrator’s decisions and judgement will be final and binding on the parties, but will have no precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms.
Costs and Expenses. Each party shall pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
Exceptions. Notwithstanding anything to the contrary in this Section, you and AES each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s intellectual property rights.
Furthermore, in the event these Terms are held to be a consumer agreement, certain countries, jurisdictions or provinces (e.g. Quebec) may prohibit this agreement to arbitrate and/or the waiver of class actions, in which case the applicable portions of this clause shall be severed from these Terms and the remaining terms and conditions in these Terms will continue in full force and effect.
We respect the intellectual property rights of others and we ask you to do the same. We strive to expeditiously remove infringing material from the Site if we become aware of it. It is our policy to terminate repeat infringers' use of the Site to the extent technologically feasible. If you are a resident of the United States, please see our Digital Millennium Copyright Act ("DMCA") policy below for more information on submitting or responding to claims under the DMCA.
The Site contains forward-looking statements within the meaning of the Securities Act of 1933 and of the Securities Exchange Act of 1934. Such forward-looking statements include, but are not limited to, those related to future earnings, growth and financial and operating performance. Forward-looking statements are not intended to be a guarantee of future results, but instead constitute AES’ current expectations based on reasonable assumptions. Forecasted financial information is based on certain material assumptions. These assumptions include, but are not limited to, our expectations regarding the COVID-19 pandemic, accurate projections of future interest rates, commodity price and foreign currency pricing, continued normal levels of operating performance and electricity volume at our distribution companies and operational performance at our generation businesses consistent with historical levels, as well as the execution of PPAs, conversion of our backlog and growth investments at normalized investment levels and rates of return consistent with prior experience.
Actual results could differ materially from those projected in our forward-looking statements due to risks, uncertainties and other factors. Important factors that could affect actual results are discussed in AES’ filings with the Securities and Exchange Commission (the “SEC”), including, but not limited to, the risks discussed under Item 1A: “Risk Factors” and Item 7: "Management’s Discussion & Analysis" in AES’ 2019 Annual Report on Form 10-K and in subsequent reports filed with the SEC. Readers are encouraged to read AES’ filings to learn more about the risk factors associated with AES’ business. AES undertakes no obligation to update or revise any forward looking statements, whether as a result of new information, future events or otherwise.
Any Stockholder who desires a copy of the Company’s 2019 Annual Report on Form 10-K filed February 27, 2020 with the SEC may obtain a copy (excluding Exhibits) without charge by addressing a request to the Office of the Corporate Secretary, The AES Corporation, 4300 Wilson Boulevard, Arlington, Virginia 22203. Exhibits also may be requested, but a charge equal to the reproduction cost thereof will be made. A copy of the Form 10-K may be obtained by visiting the Site.
Third-Party Websites and Content
Third Party Websites. As a convenience to the visitors of our Site, AES may include some links to websites that are owned and operated by third parties (“Third-Party Sites”), not AES. AES is not responsible nor liable for the privacy practices, content or transactions of Third-Party Sites. Inclusion of a link to a Third-Party Site on AES’ website does not imply AES’ endorsement of that Third-Party Site or the third party content, goods, and services. AES is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any Third-Party Site or any programs, products, or services made available through those websites. You bear all risks and responsibilities associated with your use of Third-Party Sites and third party content, goods and services.
Third-Party Content. The Site contains third-party content for your convenience (“Third-Party Content”). The presence of Third-Party Content does not mean that AES endorses the Third-Party Content, has reviewed the Third-Party Content, or that there is any association between AES and any third party. You access Third-Party Content at your sole risk. For example, when you view market data provided by Ticker Technologies, such market data is not controlled by AES, and you use such data at your sole risk. AES has no responsibility for any Third-Party Content.
Nothing in these Terms grants you any rights to any Third-Party Content.
Social Media Pages
Links to AES’ social media pages (e.g., Facebook, Twitter, Instagram, LinkedIn, YouTube, Glassdoor) (“Social Media Pages”) can be found on the Site.
AES’ Social Media Pages are intended to provide a place for you to learn more about AES. We look forward to an open and honest dialogue with you on our Social Media Pages, but since anyone can post on our Social Media Pages, posts do not necessarily reflect the views of AES.
We may or may not review content you post on our Social Media Pages. We will remove anything that we deem offensive, inappropriate, or inconsistent with the vision of AES posted on our Social Media Pages. We may work with the third-party service providers of the Social Media Pages to block users who are being offensive, abusive, disruptive, or otherwise violating these Terms or any applicable laws.
If AES follows, likes, re-tweets, favorites, shares, re-posts, or does any other similar action to any user’s content on its Social Media Pages, that is not an endorsement of that third party or any product, service or company they represent.
YOU AGREE TO HOLD AES HARMLESS AND WITHOUT LIABILITY FOR THE RESULTS OF ANY AND ALL CONTENT YOU POST TO AES’ SOCIAL MEDIA PAGES, INCLUDING THIRD PARTY REPOSTS OF YOUR USER-GENERATED CONTENT.
Notice to Parents
This Site and Content are not directed at children under the age of majority in their place of residence (typically 18 or 19 years old). If you are under the age of majority, you must immediately stop using this Site and Content.
Governing Law; Venue; Time Limit for Claims
AES operates this Site from its offices in Arlington, Virginia, USA. AES makes no representation that the Content or Site are appropriate or available for use in any particular locations, or to individuals or entities in any particular jurisdiction.
Except to the extent otherwise required by applicable laws of your jurisdiction, these Terms are entered into in the State of Virginia and shall be interpreted, construed and governed by the laws of the State of Virginia, without reference to its laws relating to conflicts of law.
Except to the extent otherwise required by the applicable laws of your jurisdiction, the venue for all disputes arising under these Terms or resulting from your access or use of the Site or Content shall lie exclusively in the federal and state courts located in Arlington County, Virginia, and you hereby consent to the personal jurisdiction of such courts.
EXCEPT AS PROHIBITED BY THE APPLICABLE LAWS OF YOUR PLACE OF RESIDENCE, ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THIS SITE, ITS CONTENT, THESE TERMS OR THE PRIVACY & COOKIES POLICY, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
Nothing on this Site is considered an offer to you. Any products or services available on or displayed on the Site are void where prohibited.
If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content.
Discontinuation. AES may modify, suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason.
No Liability for Suspension or Termination. AES shall not be liable to you or anyone else for any damages arising from or related to AES’ modification, suspension or termination of your access to the Site or Content, or in the event AES restricts the availability of the Site or Content (in whole or in part).
Site Unavailability. Without limiting the generality of the previous sections, the Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
Cooperation with Law Enforcement. AES will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD AES AND ITS REPRESENTATIVES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
Assignment. We may assign our rights and delegate our duties under these Terms at any time, in whole or in part, to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent and any such assignment in violation of these Terms is void. These Terms inure to the benefit of AESs successors and assigns.
Compliance with Laws. You shall at all times comply with all applicable international, federal, state and local laws, rules and regulations regarding the use of this Site and the Content.
Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and AES, except that our subsidiary and affiliate companies are third-party beneficiaries of these Terms.
Interpretation. These Terms, any terms posted throughout the Site that are applicable to you, and our Privacy & Cookies Policy, are the entire agreement between you and AES with respect to your access to and use of the Site and Content.
No Waiver. AES’ failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by AES and shall not be construed as a waiver or relinquishment to any extent of AES’ right to assert or rely upon any such provision or right in that or any other instance.
Severability. If any provision of these Terms is held invalid, illegal, void, or unenforceable, that provision will be severed from the remaining provisions, and the remaining provisions will remain in full force and effect. Notwithstanding anything in these Terms to the contrary, AES reserves all rights, defenses, and permissible limitations under the laws of your jurisdiction.
Electronic Communications. These Terms and any other agreements, notices, or communications between you and AES may be provided to you electronically to the extent permissible by law. AES may provide notices to you by using any contact information provided by you, or by posting such notices to the Site. Please print or otherwise save a copy of all agreements, notices, and other communications for your reference.
Feedback. If you submit comments or feedback to us regarding the Site or Content, they will be treated in accordance with our Privacy & Cookies Policy. We may use any comments and feedback that you send us without attribution or compensation to you.
Non-enforceability. A person who is not a party to these Terms may not enforce any of them under applicable laws.
Terms Applicable to New Jersey Customers
No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. AES reserves all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
The official language of these terms is English. Any translations of these Terms are provided for your convenience only. In the event of conflict between the English language version and any translation, the English language version controls (unless otherwise required by applicable laws).
The Site is operated by The AES Corporation, a Delaware corporation that is registered in Virginia.
Please direct any notices, or questions and concerns regarding these Terms to us at the following:
The AES Corporation
Attn: Public Affairs
4300 Wilson Boulevard
Arlington, VA 22203
This Digital Millennium Copyright Act Policy ("DMCA Policy") only applies to residents of the United States.
Last Updated / Effective Date: February 24, 2021
The AES Corporation ("AES", "we" or "us") respects the intellectual property rights of others and expects you to do the same.
AES has registered with the U.S. Copyright Office under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") so that if a copyright owner notifies us that materials on aes.com (the "Site"), or linked to AES' Site, infringe your copyright, you may request removal of those materials (or removal of access to them) from the Site as set forth below.
You must provide notice and counter-notice of any DMCA claims as set forth herein in compliance with the DMCA. AES WILL ONLY RESPOND TO NOTICES OF ALLEGED COPYRIGHT INFRINGEMENT THAT COMPLY WITH APPLICABLE LAWS.
If we receive a valid notification of alleged copyright infringement, we will remove the materials and take reasonable steps to contact the owner of the removed materials so that the owner can respond with a counter-notification.
If we receive a valid counter-notification, we will repost the applicable materials unless we receive notice from the original person or entity that provided notice of alleged infringement that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity within ten (10) business days of receiving the copy of the counter-notice.
We are permitted to share these notifications with others under our Privacy & Cookies Policy.
Please be aware that if you knowingly, materially misrepresent that any material or activity on the Site: (a) is infringing your copyright; or (b) was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under the DMCA.
How to Report Claims of Copyright Infringement
In accordance with the DMCA, if you believe any materials accessible on or from the Site infringe your copyright, you must provide a written notification to our designated agent listed below, that includes the following:
- Identification of the copyrighted work you claim is infringed, or if multiple copyrighted works, a representative list of the works you claim are infringed, with sufficient detail to permit us to locate it;
- A statement that you own the copyrighted work and that it be removed or disabled from the Site;
- Information sufficient to permit us to contact you, such as your name, address, telephone number and e-mail address;
- The following statement: "I have a good faith belief that the use of the copyrighted materials described above and contained on the Site is not authorized by the copyright owner, its agent or by protection of law";
- A statement that the notification is accurate;
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner that is allegedly infringed;
- Your physical or electronic signature; and
- Your acknowledgment and agreement that the DMCA provides that you may be liable for damages (including costs and attorneys' fees) if you falsely claim that materials infringe your copyright(s).
Please send written notification by overnight mail or regular U.S. mail to our DMCA designated agent at:
The AES Corporation
Attn: DMCA Designated Agent: Manager, Digital Media
4300 Wilson Boulevard
Arlington, VA 22203
Email Address: firstname.lastname@example.org
If we take down your materials or remove access to your materials as a result of receiving a DMCA notification, and you believe such take down or removal was a mistake or misidentification, you may respond by sending us a written counter-notification in accordance with the DMCA. The counter-notification must include the following:
- A list of the material(s) that was removed by AES, and the location of the material(s) before it was removed with sufficient detail so we may identify and locate the material(s);
- Adequate information so that we can contact you, including your name, address, telephone number, and email address;
- A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Arlington, Virginia, USA if your address is outside of the United States);
- A statement that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
- State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
- Your physical or electronic signature.
Please send written notification by overnight mail or regular U.S. mail to our DMCA designated agent at:
The AES Corporation
Attn: DMCA Designated Agent: Manager, Digital Media
4300 Wilson Boulevard
Arlington, VA 22203
Email Address: email@example.com
It is AES' policy to terminate repeat infringers' use of the Site's services, such as by terminating or disabling accounts (if applicable).