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.
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 our site you acknowledge and accept this Agreement.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.