Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. American Power & Gas (“American Power & Gas”) may modify these Terms and Conditions at any time.

These are the terms of use (“Terms of Use”) for your use of services or features on the sites owned and controlled by American Power & Gas (“American Power & Gas”), including www.AmericanPowerandGas.com. We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added.

You may view, download for personal viewing purposes only and print pages or go through the pricing engine and enrollment process from the website for your own use, subject to the restrictions set in these terms and conditions.

You must not:

  • sell, rent or sub‐license material from the website
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
  • edit or otherwise modify any material on the website
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

Any personal information or data that you may be required to enter into this website for pricing or enrollment purposes is for use by American Power & Gas and for the purpose of processing, billing and supplying energy by American Power & Gas and may be shared with your utility for the purpose of validation and is part of the enrollment process.

By using the Sites, you signify your agreement to these Terms of Use and our Privacy Policy, whether or not you have read them. If you do not agree with any of these, you should not use our Sites.

American Power & Gas reserves the right to change or modify any of the terms and conditions contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion.

If American Power & Gas decides to change these Terms of Use, American Power & Gas will post a new version on the Sites. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.

 

ACKNOWLEDGMENT

By using our site you acknowledge and accept this Agreement.

You acknowledge that these Terms of Use are reasonable, and the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the American Power & Gas sites, receipt of data, and access to materials and information made available through the use of the Sites.

While American Power & Gas makes reasonable efforts to insure that all material on the American Power & Gas Sites is correct, accuracy cannot be guaranteed.

American Power & Gas makes no representations or warranties as to the accuracy or completeness of the information contained in this website, results obtained from the use of the site, or interruptions in the availability of the American Power & Gas Site.

Any other use or attempt to use the American Power & Gas Site for other purposes, directly or indirectly, by you or by a third party is prohibited.

NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, NON‐INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE AMERICAN POWER & GAS SITE IS GIVEN OR ASSUMED BY AMERICAN POWER & GAS.

ALL SUCH WARRANTIES, REPRESENTATIONS ARE HEREBY EXCLUDED.

AMERICAN POWER & GAS MAKES NO WARRANTY THAT THE AMERICAN POWER & GAS SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE AMERICAN POWER & GAS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without American Power & Gas LLC’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without American Power & Gas LLC’s express written consent or agreement.

Restricted Access

Access to certain areas of this website is restricted. American Power & Gas LLC reserves the right to restrict access to areas of this website, or indeed this entire website, at American Power & Gas LLC’s discretion.

If American Power & Gas LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

American Power & Gas LLC may disable your user ID and password at American Power & Gas LLC’s sole discretion without notice or explanation.

PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.

MOBILE

If you request to receive updates or other information by mobile phone or text message, you consent to our communicating with you via your mobile device. We do not charge for these services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. At any time, you may text STOP to cancel or HELP for customer support information.

COPYRIGHTS AND TRADEMARKS

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyrighted and Trademarked. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of American Power & Gas and protected by U.S. and International copyright laws. All software used on the Sites is the property of American Power & Gas or its software suppliers and is protected by U.S. and International copyright laws.

OWNERSHIP

You acknowledge that American Power & Gas owns all rights, titles and interest in and to the marks, logos and payoff. You receive no rights to use any logo or marks, express or implied, without the prior written permission of American Power & Gas or the trademark holder.

INFRINGEMENT

You will immediately notify American Power & Gas if you learn (i) of any potential or actual infringement of the marks by a third party or (ii) that the use of the marks may infringe upon the proprietary rights of a third party.

American Power & Gas may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

COMMUNICATION

You agree to authorize American Power & Gas to send you communications via email, mail and any other medium for promotional and or informative purposes.

RESPONSIBILITY FOR YOUR CONTENT

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, “Content”). By posting content on our sites, you are confirming that you own and control all the rights to this content, your content is accurate and non‐ misleading, and your content doesn’t violate any of the Terms or Privacy Policies of American Power & Gas.

We will not accept Content from you unless you are a registered user of the Sites.

By using any interactive area available on our sites such as blogs, forums, chats, etc. you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:

  • Content that is unlawful, abusive, defamatory, invasive of privacy, fraudulent, misleading, obscene, or pornographic.
  • Content that promotes or gives instructions for a criminal offense, or that creates a liability regarding any law at any level.
  • Solicitations (of any kind), political campaigns and/or advertising.
  • Private information that might violate other’s privacy.
  • Content that violates American Power & Gas policies.
  • Any other content that American Power & Gas might consider inappropriate and that might result in a less enjoyable experience with our interactive areas.

LIABILITY

AMERICAN POWER & GAS, ITS AFFILIATES OR SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold harmless American Power & Gas, its affiliates and subsidiaries, and their officers, directors, employees, agents, successors, or assigns from any and all claims, liabilities, costs, and expenses (including reasonable attorneys’ and experts’ fees) arising in any way from your use of the website or the placement or transmission of any message, information, software, or other materials or content on or through the website by you or users of your online profile or related to any violation of these Terms of Use by you or users of your online profile.

The Terms of Use state the entire agreement between you and American Power & Gas relating to your use of the website, and all prior and contemporaneous agreements and understandings relating to the subject matter of these Terms of Use are superseded by and merged into these Terms of Use. These Terms of Use may not be amended, except by American Power & Gas.

Assignment

American Power & Gas LLC may transfer, sub‐contract or otherwise deal with American Power & Gas LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub‐contract or otherwise deal with your rights and/or obligations under these terms and conditions.

GENERAL

These terms and conditions will be governed by and construed in accordance with Florida law, and any disputes relating to these terms and conditions, or any claim or dispute between you and American Power & Gas that arises in whole or in part from the Sites or the Interactive Services, will be subject to the exclusive jurisdiction of the courts of Florida. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and American Power & Gas’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents are drawn up in English. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND AMERICAN POWER & GAS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Severability

The invalidity, in whole or in part, of any of the foregoing Sections or provisions of this Agreement will not affect the validity of the remainder of such Sections or provisions.

 

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