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SourceGas' Web Site Terms & Conditions Introduction

SourceGas is a subsidiary of SourceGas Inc., which is a subsidiary of SourceGas LLC (collectively "SourceGas").

This Web site is provided for your use and research. BY USING THIS WEB SITE, YOU WILL BE ACCEPTING THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS WEB SITE.

Conditions for using this Web site

The content and information contained on this Web site as well as the infrastructure used to provide the content and information are the proprietary property of SourceGas and no rights to this property are granted by your use of this Web site. By using and paying your monthly natural gas invoice through this Web site, you acknowledge that you are authorized as an individual or through your company to do so. You agree that all charges and fees associated with your invoice will be paid through the use of your debit or credit card and you grant SourceGas permission to bill your debit or credit card accordingly.

You may use the Web site solely for your own internal residential or business purposes and pursuant to these Terms and Conditions of use. You may view and download material displayed on the Web site, provided you retain all copyright, trademark and other proprietary notices displayed on the materials. Use of these materials in publications, other web sites or presentations is prohibited without SourceGas written consent.

You warrant that you will not use this Web Site for any purpose that is unlawful or prohibited by these Terms & Conditions or other rules or notices posted on this Web site. If any part of these Terms & Conditions, rules, or notices displayed on this Web site are held to be prohibited by or invalid under applicable law, such provision shall be deemed amended or stricken, but only to the extent necessary to accomplish the objectives as originally written. In such case, all other provisions shall remain in full force and effect. Any rights not expressly granted herein are reserved.

User Conduct

While using this Web site or any service on or associated with this Web site, you may not:
a. Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the Web site or any portion thereof without SourceGas' prior written consent.
b. Upload, post, publish, transmit, reproduce or distribute through the Web site any material that infringes any third party’s copyright, patent, trademark, service mark, trade dress, trade secret or other proprietary rights, or which violates any contractual, fiduciary, or judicially imposed nondisclosure obligations.
c. Engage in conduct, during use of the Web site, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous or invasive of the privacy or publicity rights of others.
d. Upload, post, publish, transmit, reproduce or distribute through the Web site any material that contains advertising solicitations, bulk unsolicited e-mails or spam, chain letters, pyramid opportunities or offer for the sale of goods or services.
e. Upload, post, publish, transmit, reproduce or distribute through the Web site, or place any links on the Web site to, any material that is vulgar, obscene, profane, hateful, sexually explicit or otherwise objectionable.
f. Alter, interfere or disrupt the content or functioning of the Web site or service(s) provided on this Web site, including but not limited to uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, interfere with, capture, intercept or expropriate the Web site or any data contained therein, or (ii) disproportionately burdens the operation of the Web site.
g. Use the Web site to gain unauthorized entry or access to other computer systems or networks.
h. Upload, post, publish, transmit, reproduce or distribute through the Web site any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation or government order.

Links to Third-Party Sites

Links in these pages may let you leave this Web site. The linked sites are not under the control of SourceGas and SourceGas is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. SourceGas provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SourceGas of the linked Web site.

Third-Party Data, Descriptions, and Information

Some of the materials within this Web site have been prepared and are maintained by third parties not under the control of SourceGas. While SourceGas believes such materials to be accurate, their presence on this Web site is not and should not be construed as an endorsement or representation by SourceGas that such materials are accurate, and SourceGas shall not be responsible for any damages or losses incurred by you as a result of your use of, or reliance on, such third party materials.

Disclaimer of Warranties

a. The web site and any contents, information, software, and functions provided on or through the Web site are made available on an "as is" and "as available" basis. SourceGas does not warrant the Web site or any content or Service provided in connection with the Web site will be timely, secure, uninterrupted or error-free, or that defects in the Webs site or in any content or service provided on or through the Web site, if any exist from time to time, will be corrected. USER WARRANTS AND UNDERSTANDS THAT ALL MATERIALS AND INFORMATION PROVIDED IN THIS WEB SITE, AND THE SOFTWARE MADE AVAILABLE ON THIS WEB SITE, ARE PROVIDED WITH NO WARRANTY, REPRESENTATION, OR OTHER GUARANTEE AS TO THEIR ACCURACY OR COMPLETENESS AND ARE BEING PROVIDED TO USER "AS IS."
b. SourceGas will not be responsible for errors, omissions, interruptions, deletions, defects or delays in the operation or transmission of the Web site, any Services or related content, for communication line failures, or for computer viruses associated with the operation of the Web site. SourceGas makes no warranty regarding any information made available through or on this Web site. ALL WARRANTIES ARE HEREBY DISCLAIMED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-DISRUPTION OF SERVICE OF THE WEB SITE, TITLE, NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE, OR TRADE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, THE QUALITY OR PERFORMANCE OF THIS WEB SITE, SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF SOURCEGAS, WHATSOEVER. YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES CONCERNING THIS WEB SITE OR THE PRODUCTS DISPLAYED, OTHER THAN ANY WARRANTY SPECIFICALLY SET FORTH ON THIS WEB SITE. YOU EXPRESSLY AGREE YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
c. No SourceGas employee, agency, representative or third party is authorized to create any warranty of any kind not expressly made in these Terms and Conditions of use.

Liability Disclaimer

IN NO EVENT SHALL SOURCEGAS, ITS SUBSIDIARIES, INCLUDING ARKANSAS WESTERN GAS COMPANY, AFFILIATES, OR ASSOCIATED COMPANIES BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, OR OTHER CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE, WHICH ARISE OUT OF OR IS IN ANY WAY CONNECTED WITH (I) THE USE OF THIS WEB SITE OR ITS CONTENT, (II) ANY FAILURE OR DELAY, INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS WEB SITE FOR THE PAYMENT OF INVOICES, THE FILING OF APPLICATIONS FOR EMPLOYMENT, OR FOR OBTAINING CONTRACTOR OR PRODUCT INFORMATION, OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY SOURCEGAS.

Indemnity

You agree to indemnify and hold SourceGas, its subsidiaries, including SourceGas Arkansas, affiliates, officers, directors, employees, agents, and representatives harmless from and against all damages, costs, expenses, and liabilities, including, without limitation, reasonable attorneys fees, expert fees, and expenses, arising from claims of third parties as the result of a breach of these Terms & Conditions or rules or notices displayed on this Web site, violation of any laws or tariffs, infringement of the rights of third parties, or due to the use of this Web site.

Copyright and Trademark Information

Elements of this Web site are protected by copyright, trade dress, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or HTML coding from this Web site may be copied, altered or retransmitted unless expressly permitted by SourceGas. SourceGas allows you to view and download materials from this Web site for your personal use only. SourceGas makes no representations about the suitability or accuracy of the information contained in the pages and related graphics published on this Web site for any purpose. All such documents and related graphics are provided "as is," and SourceGas hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall SourceGas be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action in contract or an action in tort, arising out of or in connection with the use or performance of information available from this Web site.

User Accounts

Users may create accounts to view their individual and/or business data concerning their natural gas usage and/or to pay their monthly natural gas statement. SourceGas reserves the right to accept or decline to accept an application to open an account, to terminate an account, or to discontinue access to accounts through its Web site at any time and for any reason at its sole discretion.

You as the user retain the sole responsibility for maintaining the confidentiality of their account access information. You agree to indemnify and hold SourceGas harmless from any claim resulting from improper use of your user name and password or other acts or omissions concerning the use of your online account.

Changes to these Terms & Conditions

SourceGas reserves the right to change the terms, conditions, rules, and notices under which the services and products are being offered on this Web site and user agrees to accept and be bound by those terms, conditions, rules, and notices that are in effect as of the time of your use of this Web site.

SourceGas also reserves the right to change, discontinue, suspend, or terminate any portions of this Web site or to limit any user’s access to certain features and functions or the entire Web site at any time without notice and at its sole discretion without liability.

Disputes Concerning These Terms & Conditions

SourceGas controls and operates this Web site from its headquarters in Denver, Colorado, USA. If you use this Web site from other locations, you are responsible for compliance with applicable local laws. These Terms and Conditions of use will be governed by the substantive laws of Colorado, as applied to contracts entered into between Colorado residents and performed in Colorado, regardless of whether you reside or transact business with SourceGas in Colorado or elsewhere. Furthermore, you agree that courts located in Colorado will have exclusive jurisdiction over any and all disputes arising out of or related to these Terms and Conditions of use or your use of the Web site, and you agree to submit to jurisdiction of such court(s).

Severability

If any provision of these Terms and Conditions of use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

How to Contact SourceGas

If you need to contact SourceGas to update your personal account information or to deactivate an online account, please contact the Director of Corporate Communications at info@sourcegas.com or 600 12th Street, Golden, CO 80401.