FPL Web Site Terms and Conditions

INTRODUCTION

Welcome, we would like to take this opportunity to thank you for visiting the NextEra Energy, Inc. (“NextEra Energy”) family of web sites (the “FPL Sites”).

The family of FPL Sites includes: nexteraenergy.com, fpl.com, fplenergy.com, nexteraenergyresources.com, earthera.com, fplfibernet.com, fplcareers.com, and other sites where these FPL Web Site Terms and Conditions (our "Terms of Use") are found. The NextEra Energy and its direct and indirect wholly-owned subsidiaries and its affiliates are collectively hereafter referred to herein as “FPL,” “we,” “us” or “our.”

The trademarks, service marks, trade names, logos and other indications of origin displayed within the FPL Sites are owned by FPL or a third party who has granted FPL a right to use them.

By using any of our FPL Sites, you represent that you agree with our Terms of Use and FPL's Privacy Policy (our "Privacy Policy") found elsewhere on the FPL Sites. If you do not agree with anything found in either these Terms of Use or our Privacy Policy, please do not use any of the FPL Sites.

ACKNOWLEDGEMENT

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the FPL Sites, receipt of data, access to materials and information made available through the use FPL Sites, the possibility of our review, use or display of your Submissions (as defined below in the section labeled “SUBMISSIONS TO FPL SITES”), and the possibility of publicity and promotion from our review, use or display of your Submissions.

REGISTRATION AND SITE SECURITY

FPL uses industry standard encryption technologies when transferring and receiving consumer data exchanged with the FPL Sites. FPL service request forms use Secure Sockets Layer encryption technology during data transmission in an effort to protect your communication and maintain your privacy.

FPL does not knowingly reveal any personal information that is provided by our customers through the FPL Sites to any third parties, including between direct and indirect wholly-owned subsidiaries of the NextEra Energy, except when requested to do so by a governmental agency having jurisdiction, or by a court of competent jurisdiction or other operation of law. We endeavor to keep all information provided by customers using our online forms strictly confidential and secure in an effort to prevent unauthorized use of personal information.

By using the FPL Sites you agree to provide and maintain on our records, current and accurate personal information as indicated to you during our registration processes. If you provide any information which is inaccurate or outdated, or if we have reasonable grounds to question the truthfulness the information provided, we reserve the right to suspend or terminate your account and refuse any and all current or future use of any FPL Site (or any portion thereof).

You also agree to promptly notify us at www.fpl.com/contact of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any FPL Site. In addition, you agree to exit from your account at the end of each session.

YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION, AND THAT WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH LOSSES OR DAMAGES.

RESTRICTIONS OF USE

All information, content and materials contained on the FPL Sites are the property of FPL or its licensors and is protected under U.S. and International Copyright Law. None of the information, content or material from any FPL Site or any internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. The use of any information, content or materials on a FPL Site on any other web site or computer environment without our express written permission (which may be withheld for any reason) is strictly prohibited.

The FPL Sites are for your personal use only. You may not use the FPL Sites for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

FPL SITE RULES

The following is a list of rules you MUST follow in order to use FPL Sites. By using the FPL Sites, you represent the following:

We cannot and do not assure that other users are or will be in compliance with the FPL Site rules or any other provisions of these Terms of Use, and, as between you and FPL, you hereby assume all risk of harm or injury resulting from any other person’s lack of compliance which causes you harm.

To the extent that any feature on a FPL Site requires you to submit your e-mail address in order to send an e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address, as applicable.

Any business use, “re-mailing,” or other high-volume application is strictly prohibited. You are not permitted to send e-mails or messages using an automated program. E-mails and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver e-mails messages that violate these guidelines.

WE RESERVE THE RIGHT TO MODIFY OR CHANGE THE FPL SITES INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT, INFORMATION OR MATERIALS APPEARING ON OR AVAILABLE THROUGH THE FPL SITES FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE TO YOU.

SUBMISSIONS TO FPL SITES

While we welcome comments and suggestions from our customers, unfortunately it is FPL policy not to accept or consider unsolicited suggestions, ideas, or materials. The purpose of this FPL policy is to avoid the possibility of misunderstandings when projects developed by FPL may seem to others to be a product of their own creative work. We emphasize, please do not send us any unsolicited materials including but not limited to the following, pitches, ideas, concepts, suggestions, photographs, drawings, videos, audiovisual works, and/or other similar materials (“Unsolicited Materials”).

If, despite our warnings, you send FPL any Unsolicited Materials, by sending such Unsolicited Materials you will be deemed to have granted and assigned all right, title and interest in an to such Unsolicited Materials, including without limitation any ideas, methods and inventions contained therein, to NextEra Energy, and NextEra Energy and any or all of its direct or indirect wholly-owned subsidiaries, shall be entitled to use such Unsolicited Materials for any purpose whatsoever, commercial or otherwise, without compensation to you. If there is any doubt or ambiguity about whether there has been an actual submission of Unsolicited Materials, such materials shall be collectively and conclusively deemed to be a “Submission” for purposes of these Terms of Use.

By submitting Unsolicited Materials to FPL, you hereby appoint FPL as your agent with the power to enter into and execute any contract, document, and/or do any act that FPL considers appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms of Use.

You agree that any Unsolicited Materials you submit are not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and FPL in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Materials exist and are not exclusively owned by FPL, you agree not to enforce any such rights against the NextEra Energy or our licensees, distributors, agents, representatives and other authorized users.

THIRD PARTY SITES

You acknowledge that when visiting the FPL Sites, you may be directed to other web sites not under the control of FPL. For example, if you click on an advertisement, pop-up, or search result, that click may take you off the family of FPL Sites. You acknowledge that when you click on a link which directs you to a site other than the FPL Site, your arrival site will not be controlled by FPL and any terms of use or policies associated with such site may apply. You also acknowledge that FPL will not be responsible for your use of any such web sites.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a FPL Site.

SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995

The statements contained in this web site, which are not historical facts, may be deemed to contain forward-looking statements, including, but not limited to, deployment, scalability and integration of the FPL network in new and existing markets and the timing and breadth of coverage in each market. Actual results may differ materially from those anticipated in any forward-looking statements as a result of certain risks and uncertainties, including, without limitation, the FPL dependence on strategic third parties to market and resell its services, intense competition for service offerings, dependence on growth in demand for electrical and telephone services, availability of electrical and telephone services space, ability to manage and scale operations, and other risks and uncertainties detailed in the Company's Securities and Exchange Commission filings. FPL disclaims any obligation to update information contained in any forward-looking statement.

DISCLAIMER; LIMITATION OF LIABILITY

FPL DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT THAT YOU MAY OBTAIN USING THE FPL SITES OR THE INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE FPL SITES. THE INFORMATION, CONTENT AND MATERIALS ON FPL SITES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY FPL SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY FPL SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE LIABILITY FOR THE SELECTION AND USE OF THE FPL SITES, AND FPL SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO YOUR USE OF THE FPL SITES. YOU ACKNOWLEDGE THAT THIS DISCLAIMER SHALL SURVIVE TERMINATION OF THESE TERMS OF USE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, FPL’S OWN NEGLIGENCE, SHALL FPL, OUR LICENSORS, LICENSEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES AND OTHER AUTHORIZED USERS, AND EACH OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS, AND ALL OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY FPL SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A FPL SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY FPL SITE. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE FPL SITES OR FPL’S TERMINATION OF THESE TERMS OF USE.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL FPL OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE FPL SITES OR FPL’S TERMINATION OF THESE TERMS OF USE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER FPL OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE FPL SITES AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE FPL SITES IN AN ACCURATE OR TIMELY MANNER. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE FPL SITES OR FPL’S TERMINATION OF THESE TERMS OF USE.

FPL IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS. UNDER NO CIRCUMSTANCES WILL FPL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OR INJURY THAT RESULT FROM THE USE OF THE MATERIALS ON THE FPL SITES. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR USE OF THE FPL SITES OR FPL’S TERMINATION OF THESE TERMS OF USE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold FPL, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your best efforts to cooperate with FPL in the defense of any claim. FPL reserves the right, at FPL’s own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

GOVERNING LAW, JURISDICTION AND VENUE

You acknowledge and agree that these Terms of Use, and any and all transactions entered into using any FPL Site, shall be governed by the laws of the State of Florida without regard to its choice of law provisions. By utilizing any FPL Site, you further acknowledge and agree that any dispute or claim resulting from use of any FPL Site or the content thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in Palm Beach County, Florida, submit to the exclusive jurisdiction of such courts with regard to any such dispute or claim, and waive any and all objections to the exclusive jurisdiction of such courts. If a provision of these Terms of Use is held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. Further, all terms and conditions of these Terms of Use shall be deemed enforceable to the fullest extent permissible under applicable law, and when necessary, the court is requested to reform any and all terms or conditions to give them such effect. This provision shall survive the termination of your use of the FPL sites or FPL’s termination of these Terms of Use.

CHANGES TO THE FAMILY OF SITES

FPL reserves the right, in its sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of any FPL Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised Terms of Use.

TERMINATION

These Terms of Use are effective until terminated by us for any reason in our sole and absolute discretion. You may terminate these Terms of Use at any time by discontinuing use of all FPL Sites and destroying all materials obtained from any and all such web sites and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. In the event that you terminate these Terms of Use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:

Attn: Customer Care
700 Universe Blvd.
Juno Beach, Florida 33408

We may immediately terminate these Terms of Use with respect to you (including your access to any and all FPL Sites) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all FPL Sites and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.