ENTERGY CORPORATION AND SUBSIDIARIES

General Terms, Conditions, and Policies for the Use of Website

Last updated: June 23, 2009

These terms, conditions, and policies, and those referred to below, govern your use of this Website (hereinafter defined) provided by Entergy Corporation and one or more of its subsidiaries, including Entergy Services, Inc. and Entergy Texas, Inc. (collectively, the "Entergy Companies"). Please read them carefully. Your registration to use this Website and/or your use of this Website constitutes your agreement to abide and be bound by these terms, conditions, and policies (herein collectively referred to as the "Agreement"). The Agreement also extends to any email sent by a user to Entergy at any time involving this Website. You must comply with the Agreement and any applicable user information provided by or to you in connection with each use provided through this Website. Any use of this Website contrary to the Agreement, as in effect at the time of such use, is unauthorized and prohibited. The Entergy Companies reserve the right, in their sold discretion, at any time, for any reason, and without prior notice to any user, to revise the terms, conditions, and policies applicable to the use of this Website. Accordingly, users are advised to review this Agreement each time they use this Website.

Throughout the Agreement, the words "user", "you", "your", and "yours" refer to any person or entity using this Website, and the words "Entergy", "we", "us" and "ours" refer to one or more of the Entergy Companies, as well as any vendor that the Entergy Companies, in their sole discretion, may use to support this Website. The term "Website" refers to this Website, and all of the property-related information provided through the use of the Website.

REAL PROPERTY INFORMATION

The Entergy Companies are not licensed to market any real property. Information about properties access through the Website is provided merely to assist in economic development efforts. The Entergy Companies make no representations or warranties whatsoever regarding accuracy or completeness of any such information nor the condition or suitability of any properties. Users should direct inquiries about any property to the listing broker for that property.

REPRESENTATIONS, WARRANTIES AND INDEMNIFICATION

You, the user, do hereby represent and warrant to the Entergy Companies that any information, suggestion, idea, graphic, remark or other submission made by you, the user, to the Entergy Companies, whether through this Website or otherwise, is true, correct and complete, and does not infringe, misappropriate, libel, slander, constitute any unfair competition or unfair trade or business practice, or otherwise violate the rights (including, without limitation, the copyrights, trademarks, service marks, trade dress, trade secret or other proprietary rights) of any third party in any way.

You, the user, do hereby agree that, if you are a licensed real estate agent, you shall not submit information to this Website related to any property unless you are the owner of such property, you have a valid listing agreement authorizing you to list or otherwise promote such property, or you are otherwise legally authorized to submit data to this Website on behalf of the owner of such property.

You, the user, do hereby agree to indemnify, defend, protect, and hold harmless the Entergy Companies, their members, officers, directors, employees, representatives, affiliates, and third-party agents from and against any claims, suits, actions, judgments, losses, liabilities, damages, fines, costs, or expenses (including reasonable attorneys’ and investigatory fees) in any way relating to or arising from: (i) any information, suggestion, idea, graphic, remark or other submission made by you, your representatives, employees, affiliates or agents; (ii) any breach by you, your representatives, employees, affiliates or agents of any representation or warranty made herein; or, (iii) any other breach of this Agreement by you, your representatives, employees, affiliates or agents. For the avoidance of doubt, if you, the user, grant access or control of any aspect of the Website related to your user account to any other person or entity, either by sharing your login and password information, by designating a Secondary Property Manager as allowed by the Website, or by any other means, such person or entity shall be deemed for all purposes to be your representative or agent (including without limitation for the purposes of this paragraph).

PROPRIETARY RIGHTS; SUBMISSIONS; LAWFUL USE

This Website is proprietary to the Entergy Companies. Except as otherwise indicated, all information, text, images, logos, designs, graphics, photos, sounds, presentation, layouts, icons, documentation, forms, and other materials (herein referred to as "Content") on or available through this Website are the subject of copyrights, trademarks, service marks, and/or intellectual property or proprietary rights held by or licensed to one or more of the Entergy Companies, including but not limited to the "Entergy" name and its associated logo. Content of this Website may not be published, copied, distributed, transmitted, modified, exploited, or used in the creation of derivative works, in any form or to any entity (other than the Entergy Companies) for any purpose without the prior written consent of the Entergy Companies; provided, however, that users of this Website may download data regarding properties from the Website for limited informational purposes.

Any information, suggestion, idea, graphic, remark, or other submission made by a user to the Entergy Companies through this Website, whether submitted by email or otherwise, shall become the exclusive property of the Entergy Companies and shall not be deemed to be confidential. The Entergy Companies shall be entitled to use any such submission and any derivative works created therefrom, and any related concepts, ideas, techniques, or know-how for any lawful purpose without any obligation to any user submitting the same and without any other restriction, permission, or compensation. Each user making any such submission thereby acknowledges the originality of such submission and accepts responsibility for its accuracy, completeness, appropriateness, and legality.

This Website is provided only for lawful use. Any use of this Website for any purpose contrary to applicable law is strictly prohibited.

SECURITY AND PRIVACY

Each user shall be responsible for the use, security, and safeguarding of such user’s identification and passwords. The Entergy Companies shall have no responsibility for damages resulting from the theft or unauthorized use of a user’s identification or password.

The Entergy Companies will not disclose your identification or password to third parties, except under the following circumstances:

  • when otherwise authorized by you
  • when necessary to comply with an order of a government agency or court, when requested by a government regulator, or as otherwise required by law

You can learn more about the Entergy Companies privacy practices by clicking here.

SHARED ACCOUNT MANAGEMENT

You, the user, do hereby acknowledge and agree that if you, the user, grant access to, or control of, any aspect of the Website related to your user account to any other person or entity, either by sharing your login and password information, by designating a Secondary Property Manager as allowed by the Website, or by any other means, then the Entergy Companies: (i) have no obligation to verify, authenticate or otherwise ensure that the person or entity to whom you have granted access is the person or entity to whom you intended to grant access; (ii) are not responsible for any actions taken by the person or entity to whom you have granted access; and, (iii) are not responsible for any damages of any kind whatsoever caused by any person or entity to whom you have granted access.

EQUIPMENT AND NETWORK SERVICES

Each user is responsible for supplying and maintaining all hardware, software, access to networks, and communications and other equipment necessary for connectivity to gain access to this Website. The Entergy Companies shall have no responsibility whatsoever with respect to the foregoing.

MONITORING

The Entergy Companies retain the right, exercisable in their sole discretion, at any time and from time to time, to monitor any and all activities on this Website. The Entergy Companies further reserve the right, without the consent of or liability to any user or third party, to record, screen, edit, curtail, or remove any content on this Website that it believes to be harmful, harassing, abusive, offensive, or in violation of this Agreement or any other terms, conditions, and policies applicable to this Website. The Entergy Companies shall have no liability to any user or third party for the performance or non-performance of monitoring or other actions taken pursuant to this Agreement.

EMAIL

In connection with activities conducted on this Website, we will attempt to send you courtesy email confirmations or other email with important information relating to your account. Delivery of email may be affected by circumstances beyond the control of the Entergy Companies, including but not limited to incorrect email addresses provided by users, changed email addresses as to which the Entergy Companies have not been notified, personal and internet spam filters, size filters, timing of the delivery of emails, unavailability of emails, or other network problems. The Entergy Companies assume 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 users or email service providers, or any other cause. Users have the responsibility to make every effort to allow delivery of email sent by the Entergy Companies. The Entergy Companies have no responsibility for damages or loss due to emails that are not received by users for any reason. Each user is responsible for reading and responding in a timely and appropriate manner to email sent by the Entergy Companies.

EXCLUSION OF WARRANTIES

THIS WEBSITE, AND ANY RELATED DOCUMENTATION AND INFORMATION ARE PROVIDED "AS IS", WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The Content of this Website may contain technical, typographical, or other errors, inaccuracies, or omissions. The Entergy Companies reserve the right, in their sole discretion, at any time, and for any reason, may make corrections, revisions, and changes to this Website, and/or to suspend or terminate the availability of this Website to any or all users, without prior notice. The Entergy Companies make no warranty and shall have no responsibility to any user with respect to any such error, inaccuracy, omission, correction, revision, change, suspension, or termination.

The Entergy Companies make no warranty that this Website or websites accessible through this Website are free of destructive computer code such as viruses, worms, trojan horses, and the like. Users should take their own precautions with respect to such code.

The Entergy Companies shall have no responsibility and make no representation, warranty, or endorsement with respect to any other website that a user may access from this Website. Access to such other websites is provided solely as a convenience to users. Any such other website is independent of this Website, and the Entergy Companies have no control over the content of any such other website. Users accessing other websites linked to this Website do so entirely at their own risk, and are subject to such terms and conditions as are imposed by such other linked websites.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL THE ENTERGY COMPANIES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY LINKED WEBSITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR DATA ON THE ENTERGY COMPANIES’ OR ANY USER’S COMPUTER HARDWARE OR INFORMATION HANDLING SYSTEMS, OR OTHERWISE, REGARDLESS OF WHETHER THE ENTERGY COMPANIES HAVE BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE ENTERGY COMPANIES ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, OR SOFTWARE FAILURES OR LOSSES OF ANY KIND, OR FOR FAILED, IMCOMPLETE, DISTORTED, OR DELAYED DATA TRANSMISSIONS, OR EQUIPMENT INCOMPATIBILITIES, IN RELATION TO ANY USE OF THIS WEBSITE OR THE WEB SERVICES. THE ENTERGY COMPANIES ARE NOT RESPONSIBLE FOR DAMAGE RESULTING FROM DESTUCTIVE COMPUTER CODE SUCH AS VIRUSES, WORMS, TROJAN HORSES, AND THE LIKE. UNDER NO CIRCUMSTANCES WILL THE ENTERGY COMPANIES BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF INFORMATION, INTERACTIVE FORMS, CONTENT, OR COMPUTER CODE ON THIS WEBSITE OR ANY WEBSITE ACCESSIBLE THROUGH THIS WEBSITE.

WAIVERS

The Entergy Companies will not be deemed to have waived any of the terms of this Agreement or any of its other terms, conditions, or policies with respect to this Website, 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 one or more of the Entergy Companies duly authorized to execute and deliver the same. No delay or omission on the part of the Entergy Companies in enforcing this Agreement 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 this Agreement or any such other terms, conditions, or policies. No partial or single exercise of any right or remedy available to the Entergy Companies under this Agreement or any such other terms, conditions, or policies shall preclude the full availability to the Entergy Companies of such right or remedy.

ASSIGNMENT

No user may assign to any other person or entity its rights or obligations under this Agreement or under any other terms, conditions, or policies with respect to this Website without the express written consent of the Entergy Companies. The Entergy Companies, in their sole discretion, may freely assign this Agreement and/or its rights and obligations hereunder and/or under any other terms, conditions, or policies with respect to this Website, in whole or in part, to any third party or parties without the consent of or notice to any user.

APPLICABLE LAWS

This Website and the Agreement are governed by the laws of the State of Louisiana, excluding its conflicts of laws principles, and, where applicable, by federal law.

CAPTIONS

Captions and titles in this Agreement and in any other terms, conditions, or policies with respect to this Website are for convenience only and will not be construed to affect the meaning or affect of this Agreement or any such other terms, conditions, or policies.

SEVERABILITY

If any provision of this Agreement or of any other terms, conditions, or policies with respect to this Website is determined to be void or invalid as a matter of law, the remaining provisions of this Agreement and of any such other terms, conditions, or policies shall not be affected thereby and shall remain in full force and effect.

ELECTRONIC SIGNATURES

You and the Entergy Companies may conduct transactions with each other by electronic means as described in the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN"), the Louisiana Uniform Electronic Transactions Act ("LUETA"), and any other applicable state or federal law governing the use or enforceability of electronic signatures.

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