Terms of Use

Terms of Use

Acceptance of Terms

These Terms of Use govern your access to and use of the utilities.cityoffortwayne.org website and any related websites or applications linked thereto (collectively, the “Site”).  These Terms of Use constitute a legally binding agreement between you and Fort Wayne City Utilities (referred to herein as “Company”, “we”, “us”, or “our”).  Please read these terms carefully before using the Site.  By using the Site, you acknowledge and agree that you have read and understood these Terms of Use and agree to be bound by them.  You further agree to indemnify the Company, its authorized agents, contractors, and employees against any and all claims by third parties arising out of your use of the Site in violation of applicable law or these Terms of Use.  If you do not agree to be bound by these Terms of Use, you are prohibited from using the Site and must discontinue use immediately. 

We may update these Terms of Use from time to time and may amend them to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Site.  Notice of such updates will be given by posting a revised version of these Terms of Use on the Site, and all such updates and amendments are effective immediately upon the posting of such notice.  Your continued use of the Site following any updates or amendments signifies your continuing consent to be bound by these Terms of Use, as updated or amended.  We expressly reserve the right to make any changes to these Terms of Use, or to the Site and its content, at any time without prior notice to you.

Limited License

You should assume that everything that you read or see on the Site, including all files, images, text, software, and data, is copyrighted or otherwise protected and owned by the Company or a third party who licensed the right to use such material to the Company.  Further, unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by the Company.  Permission is given to view, copy, print, and distribute individual pages from this Site solely for informational, non-commercial purposes in learning about or evaluating the Company’s products and services.  Any forms, applications, and/or literature made on the Site are available for personal and/or internal use.  When filling out or using any forms or applications, you agree to provide true, accurate, current and complete information about yourself and maintain and promptly update your information to keep it true, accurate, current, and complete.

No other use of the content or material within this Site or any portion thereof is permitted without the express written consent of the Company.  Specifically, you may not: 

  • use the materials on the Site for any commercial purpose, or for any public display (commercial or noncommercial);
  • remove any copyright, trademark, or other proprietary notations from the materials within the Site;
  • modify, reverse-engineer, disassemble, redistribute, republish, upload, or re-use any of the text, graphics, or other materials on the Site without the Company’s prior written permission;
  • transfer the materials to another person or “mirror” the materials on any other server;
  • post or transfer any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, harassing, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or 
  • upload, post, email or otherwise transmit any confidential information, trade secrets, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” any other form of solicitation, or software viruses.

The Company is under no obligation to monitor the material residing on or transmitted to the Site. However, anyone using the Site agrees that the Company may, in its discretion, monitor the Site periodically to comply with any necessary laws, regulations or other governmental requests or as may be necessary to protect itself and its users. The Company reserves the right to modify, reject, or eliminate any material residing on or transmitted to the Site that the Company, in its sole discretion, believes is unacceptable or in violation of applicable law or these Terms of Use and terminate access to the Site by any person found to be in violation of these Terms of Use.  

Privacy Policy

We care about data privacy and security.  Please review our Privacy Policy at http://utilities.cityoffortwayne.org/privacy-policy.  By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.  Please be advised the Site is hosted in the United States.  Through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.  If you access the Site from any other region of the  world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, it is your responsibility to ensure compliance with those laws.   

External Sites

The Site may contain links to external sites on the Internet that are operated by parties other than the Company.  Any such link is provided only for convenience and shall not be construed as an endorsement, authorization, sponsorship, or affiliation by the Company with respect to such site, its owner(s), or its provider(s). We make no representations whatsoever concerning external sites and are not responsible for their content or availability. If you have questions or concerns regarding the content of any of these external sites, you should contact the site administrator directly.

Disclaimer of Warranties

The Company makes no warranties or representations that the content on the Site is accurate, complete, current, or free of technical or typographical errors.  THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  FURTHER, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THE SITE, THE SITE’S CONENT, OR ANY EXTERNAL SITES ACCESSIBILE THROUGH THE SITE IS AT YOUR OWN RISK.  

Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, AND ITS AUTHORIZED AGENTS, CONTRACTORS, AND RESPECTIVE EMPLOYEES SHALL HAVE NO LIABILITY TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR INABILITY TO USE THE SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, EFFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THE SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Dispute Resolution and Governing Law

In the event of a dispute arising out of or relating to these Terms of Use, the parties shall first attempt to resolve the dispute informally.  If the parties conclude, after a reasonable good faith attempt to resolve the dispute, that amicable resolution through continued negotiation of the matter at issue does not appear likely, the parties may, but are not required to, consider alternative methods of dispute resolution, such as arbitration, before beginning formal proceedings for the judicial resolution of such dispute. These Terms of Use and all matters relating thereto will be deemed to have been entered into in the State of Indiana and will be governed under the laws of the State of Indiana (without giving effect to the principles governing conflicts of law).  The exclusive jurisdiction for any litigation required to resolve any disputes under these Terms of Use will be in the state and federal courts located in Allen County, Indiana, and each of the parties consents to the jurisdiction of such courts and waives objection to venue.

Termination of This Agreement

These Terms of Use shall be applicable any time you use the Site.  We reserve the right, in our sole discretion, and without notice or liability, to deny access to, and use of, the Site (including blocking certain IP addresses) to any person for any reason or no reason, including, without limitation, for breach of any representation, warranty, or covenant contained in these Terms of Use or violation of any applicable or regulation.  In addition to terminating or suspending your use of the Site, we reserve the right to pursue any civil, criminal, or injunctive relief that may be available as a result of your actions.  

Contact Us

If you have any questions or concerns about these Terms of Use, you may contact us using the information below.  

Fort Wayne City Utilities
200 E. Berry St.
Room 130
Fort Wayne, IN 46802
T: (260) 427-1234