Welcome to the New York Natural Gas ("we," "us," or "our") website located at www.newyorknatgas.com, (this website, and any replacement website, the "Website"). The Website is operated by New York Natural Gas to provide you with information about us, our services, and our policies and procedures. All access to and use of the Website is governed by and subject to these terms and conditions of use (these "Terms"). Please read these Terms carefully and thoroughly as they are a legally binding agreement between you and New York Natural Gas. By accessing and using the Website, you agree that you have read and understand these Terms and that in exchange for access to the Website, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to or use or continue to access the Website.
In these Terms, "you" and "your" refer to (a) you, the individual accessing the Website, (b) any electronic agent accessing the Website on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the Website. You represent and agree that all information that you provide to New York Natural Gas in connection with your access to and use of the Website is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms, or to refuse, restrict, or discontinue service or access to the Website (or any portions, components, or features of the Website) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Website.
We may update these Terms from time to time and may amend them at any time to incorporate additional terms specific to additional features, applications, opportunities, or services that we may make available on or through the Website. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Website. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Website signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Website and its content, at any time, without prior notice to you. The version of these Terms posted at www.newyorknatgas.com/pages/terms.shtml on each respective date you visit the Website shall be the Terms applicable to your access and use of the Website on that date. Our electronically or otherwise properly stored copies of these Terms and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of the Terms and the Privacy Policy which were in force on each respective date you visited the Website.
Information that you provide or that we collect about you in connection with your access to and use of the Website is subject to our Privacy Policy, the terms of which are hereby incorporated into these Terms by reference. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy.
New York Natural Gas respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the Website and to collect and provide the features, materials, opportunities, and services that are available on or through the Website. You understand and agree that New York Natural Gas owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Website and the features, materials, opportunities, and services made available on or through the Website, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the "Content"). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Website and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of New York Natural Gas or its licensors and content-providers.
New York Natural Gas grants you a limited, nonexclusive, personal license to access and make personal use of the Website and the Content solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Website and the Content. Any other access to or use of the Website or the Content constitutes a violation of these Terms. Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Website or of the Content in any other manner or for any other purpose not expressly permitted by these Terms constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Website, you may not reproduce, perform, create derivative works from, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Website without the express, prior written permission of New York Natural Gas. Use of the Content or any portion thereof, on any other Web site or other networked computer environment is prohibited without the express, prior written permission of New York Natural Gas. Accessing, using, or copying any portion of the Website or of the Content through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by New York Natural Gas in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Website or the Content or access to or use of the Website or the Content.
By submitting any information or material to the Website or to New York Natural Gas, whether through access to and use of the Website or the Content directly or by e-mail, telephone, or other mode or medium of communication or (including, but not limited to, by accessing, using, or responding to any available pages, applications, job postings, or surveys posted on the Website or otherwise provided or conducted by New York Natural Gas, or by submitting or posting feedback, questions, comments, suggestions, ideas, resumes, graphics, text, software, computer files, or other material of any type), you thereby expressly grant, or warrant that the owner of such material has expressly granted, New York Natural Gas a royalty-free, fully-paid, perpetual, irrevocable, nonexclusive right and license to use, make and have made, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or hereafter developed, subject to our Privacy Policy, as available on the Website. New York Natural Gas does not screen or edit materials submitted by users of the Website, and you are solely responsible for the accuracy, completeness, and truthfulness of any information and materials that you submit or provide to us and for ensuring that you have the necessary rights to submit such information and materials for use by us.
In connection with access to and use of the Website by you and by any person authorized by you to use the Website, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Website you will not:
The above assurances and commitments by you shall survive termination of these Terms.
This Web site may contain offers for sale of merchandise or services. Such merchandise and services may be obtained only by linking to the applicable merchant's Web site in order to make the transaction. Terms of the offer shown on this Web site, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant's Web site. Differences in the terms of an offer between this Web site and a merchant's Web site will be governed by the terms shown on the merchant's site. New York Natural Gas is not responsible or liable for any such differences or discrepancies.
Certain features or services offered on or through the Website may require you to open an account (including establishing a login ID and password). You are responsible for maintaining the confidentiality of any user identification or other unique name or number (your "User ID"), and any associated password, that is created or assigned to you for your use in accessing and using the Website, and you are fully responsible for all access and any activity that occurs through use of your User ID and password. You agree to immediately notify New York Natural Gas of any unauthorized use of your User ID or password, or of any breach of Website security or of these Terms, of which you become aware. New York Natural Gas cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.
You may not use anyone else's account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. New York Natural Gas cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
New York Natural Gas takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Website. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.
For your convenience, certain hyperlinks may be provided on the Website that link to other websites which are not under the control of New York Natural Gas. New York Natural Gas does not endorse or sponsor such websites and is not responsible for the availability, accuracy, content, or any other aspect of such websites. New York Natural Gas disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites, and any purchases of products or services, volunteering of time or services, or making of charitable contributions through other websites, is subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against New York Natural Gas arising from or based upon any such use of other websites. Hyperlinks to other websites that are provided on the Website do not imply that: (a) New York Natural Gas is affiliated or associated with any linked sites; (b) New York Natural Gas is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of New York Natural Gas.
Neither you nor any other website may link to the Website without the permission of New York Natural Gas. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) "deep link" to any page of the Website other than the home page of the Website; (b) "frame" the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to New York Natural Gas or any entity that is affiliated or associated with New York Natural Gas; or (d) otherwise imply or state that any type of relationship or special arrangements exist with New York Natural Gas and any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of New York Natural Gas. In no event will you use any logo or trademark of New York Natural Gas as a hyperlink "button," or in any other manner, without New York Natural Gas's express written consent.
Although New York Natural Gas strives to make the Website, the Content, and the features, materials, applications, and services provided through the Website reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the Website, the Content, and all materials, products, and services available through the Website and New York Natural Gas are at your own initiative and risk. New York Natural Gas does not promise, covenant, represent, warrant, or guarantee that you or any other user of the Website will obtain any particular or tangible result or goal through the use of the Website, or obtain any other product or service in connection with use of the Website. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the Website or New York Natural Gas, or that you access, use, download, or otherwise obtain on or through the Website or New York Natural Gas, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines. THE WEBSITE AND THE CONTENT, AND ALL MATERIALS, APPLICATIONS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE AND NEW YORK NATURAL GAS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. NEW YORK NATURAL GAS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NEW YORK NATURAL GAS DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE WEBSITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE OR THROUGH NEW YORK NATURAL GAS ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE WEBSITE AND THROUGH NEW YORK NATURAL GAS ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
IN NO EVENT SHALL NEW YORK NATURAL GAS, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE WEBSITE, THE CONTENT, OR THE INFORMATION, MATERIALS, AND SERVICES ACCESSIBLE ON OR THROUGH THE WEBSITE OR THROUGH NEW YORK NATURAL GAS; (B) THE USE, COPYING, OR DISPLAY OF THE WEBSITE OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE WEBSITE OVER THE INTERNET; (C) NEW YORK NATURAL GAS'S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE WEBSITE, OR OTHER THIRD PARTIES; (E) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY NEW YORK NATURAL GAS OR ANY THIRD PARTY; OR (F) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH THE WEBSITE OR ITS USE. UNDER NO CIRCUMSTANCES SHALL NEW YORK NATURAL GAS, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (F) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF NEW YORK NATURAL GAS, EVEN IF NEW YORK NATURAL GAS WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF NEW YORK NATURAL GAS, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF NEW YORK NATURAL GAS, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE USE OF THE WEBSITE, NEW YORK NATURAL GAS AND SUCH PARTIES' CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.
You agree to indemnify, defend and hold New York Natural Gas, and the officers, directors, employees, agents, and representatives of New York Natural Gas, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys' fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the Website or New York Natural Gas, your access to and use of the Content, the Website, and other materials, products, and services available on or through the Website and New York Natural Gas, your violation of these Terms, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
These Terms and the Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the Website, the Content, and any other materials, products, and services available on or through the Website or through New York Natural Gas. You agree that you shall not contest the admissibility or enforceability of New York Natural Gas's copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms. Except as expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person or entity other than you and New York Natural Gas. New York Natural Gas may assign its rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without the prior written consent of New York Natural Gas. These Terms shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. Should any provision of these Terms be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions hereof shall not be affected. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the Website and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the Website, the Content, or any other information or materials on the Website in violation of the aforementioned laws or these Terms.
The Website is maintained, operated, and controlled by New York Natural Gas in the State of Georgia. These Terms shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws, principles or rules. Any legal action brought by you that arises out of or relates to these Terms or your access to and use of the Website or the Content must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Fulton County, Georgia for resolution of any matters related to interpretation, construction, or enforcement of these Terms or otherwise in connection with these Terms, the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the Website, the Content, and the materials, products, and services available on or through the Website or through New York Natural Gas. You further expressly waive any claim that venue is improper for any reason in these courts.
Questions Regarding the Website or these Terms
Please contact us with any questions regarding the Website or these Terms by e-mail at webmaster@newyorknatgas.com or by calling 404-685-4038.
Acknowledgement
BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THESE TERMS AND THE PRIVACY POLICY, AND YOU AGREE TO BE BOUND BY EACH AS SET FORTH THEREIN.
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