|
|
TERMS OF USE OF GAS SOUTH, LLC WEB SITE
Introduction
These Terms
of Use apply to the Gas South, LLC (hereinafter referred to as “GS”) Web site (hereinafter
referred to as “Web site”) located at www.gas-south.com.
This Web site is the property of GS and its licensors. By using this Web site, you
acknowledge that you have read the following Terms of Use and that you accept and
will be bound by them. If you do not agree to these Terms of Use, do not use or access
this Web site. Any use of the Web site is at the sole risk of the user.
GS reserves the right, at its sole discretion, to change, modify, add, or remove
portions of these Terms of Use at any time to be effective immediately upon posting.
It is your responsibility to check these Terms of Use periodically for changes.
Your continued use of this Web site following the posting of changes will mean that
you accept and agree to the changes. As long as you comply with these Terms of Use,
GS grants you a personal, non-exclusive, limited privilege to enter and use this
Web site and to view the information (and incidentally create an electronic copy
of the information) available from this Web site for informational purposes only.
|
Information Copyright by GS
All products,
services, programs, technology, symbols, text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer
code – including, but not limited to, the design, structure, selection, coordination,
expression, “look and feel,” and arrangement of such content – contained on this
Web site is owned, controlled, or licensed by or to GS and is protected by trade
name, service mark, tag line, database rights, trade dress, copyright, patent and
trademark laws, and various other intellectual property rights and unfair competition
laws. Except as expressly provided in these Terms of Use, no part of this Web site
and no content, materials, or other information on this Web site may be copied,
reproduced, modified, republished, uploaded, downloaded, posted, publicly displayed,
encoded, translated, transmitted, or distributed in any way to any other computer,
server, web site, or other medium for publication or distribution, or for any business
enterprise without GS’s express prior written consent. The posting of information
or other materials or content on this Web site does not constitute a waiver of any
proprietary right in such information, materials, or content (such as, but not limited
to, copyright, patent, trademark, or other intellectual property rights) and does
not transfer any rights to a user of the Web site or to any other third party, except
as expressly provided herein.
|
Disclaimer of Warranties
The information
available from or provided on this Web site is provided “AS IS” without warranty
of any kind, either expressed or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose, and non-infringement.
GS MAKES NO REPRESENTATION AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS
OF THE WEB SITE MATERIALS AND CONTENT, OR IN THIRD PARTY SITES LINKED TO OR FROM
THIS SITE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE.
GS PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE INFORMATION,
INCLUDING, WITHOUT LIMITATION, THE TERMS OF USE OF THE WEB SITE, WITHOUT NOTICE.
FURTHER, GS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN
THE CONTENT OF THE WEB SITE. GS SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION
ON THE WEB SITE. REFERENCE TO GS AND ITS SERVICES AND PRODUCTS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL
GS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE INFORMATION
ON THIS WEB SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
PUNITIVE, LOSS OF GOODWILL, LOST SAVINGS, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS, OR SYSTEM FAILURE,
OR LOSS OF DATA OR PROFITS, HOWEVER ARISING, WHETHER OR NOT ADVISED OF THE POSSIBILITY
OF DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION IN ANY
WAY WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE INFORMATION OR SERVICES
PROVIDED ON THIS WEB SITE) OR ANY WEB SITE RELATED TO ANY THIRD PARTY, OR USERS’
INABILITY TO USE THE INFORMATION OR MATERIALS CONTAINED ON THE WEB SITE (OR ANY
OTHER WEB SITE). IN NO EVENT SHALL GS’S LIABILITY TO USERS FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO GS FOR ACCESSING
THE WEB SITE. THE USER SHOULD CONSULT HIS OR HER OWN LEGAL ADVISORS REGARDING THE
APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY. DESCRIPTIONS
OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS WITHIN THE GS WEB SITE DO
NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. GS MAKES NO WARRANTY
OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED
HEREIN. GS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, NON INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FREEDOM FROM
COMPUTER VIRUSES.
|
Operation of Web site
GS reserves the right to do any of the following at any time without notice: (i)
modify, suspend, or terminate operation of or access to this Web site, or any portion
of this Web site, for any reason; (ii) modify or change this Web site, or any portion
of this Web site, and any applicable policies or terms; and (iii) interrupt the
operation of this Web site, or any portion of this Web site, as necessary to perform
routine or non-routine maintenance, perform error correction, or make other changes.
|
Indemnification by User
USER AGREES
TO INDEMNIFY, DEFEND, COVENANT NOT TO SUE, AND HOLD GS, ITS OFFICERS, MEMBERS, MANAGEMENT
COMMITTEE MEMBERS, OWNERS, AFFILIATES, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY
LIABILITY, LOSS, PENALTY, FINE, CLAIM, AND EXPENSE, INCLUDING ATTORNEYS’ FEES AND
COSTS OF COURT, RELATED TO A USER’S VIOLATION OF THESE TERMS OF USE OR THE USE OF
THE SERVICES AND INFORMATION PROVIDED ON THIS WEB SITE.
|
Typographical Errors
This Web
site could include technical inaccuracies or typographical errors. GS shall have
no liability in connection with any such inaccuracies or errors, nor shall GS have
any obligation to identify and/or correct any such inaccuracies or errors. In the
event a product or service is listed at an incorrect price due to typographical
errors or errors in pricing information, GS has the right to correct such errors
before fulfilling any orders placed for products and/or services listed at the incorrect
price.
|
Viruses
All responsibility
or liability for any damages caused by viruses contained within the electronic files
or on this Web site is disclaimed.
|
Links to Other Web Sites
This Web
site may contain links to other web sites. GS is not responsible for the content,
reliability, accuracy, or opinions expressed in such web sites, and such web sites
are not investigated, monitored, or checked for accuracy or completeness by GS.
Inclusion of any linked web site does not imply approval, endorsement, affiliation,
sponsorship, or authorization of the linked web site or any products or services
available thereon by GS. GS expressly disclaims any liability for any errors in
or omission from information, content, and functions included in this Web site or
any third party sites linked to this Web site. Connection to any such linked site
is at the user’s own risk.
|
No Affiliate Liability
No affiliate
of GS shall have any liability whatsoever for GS’s performance, nonperformance,
or delay in performance related to the Web site.
|
Disclaimer of Sales Information
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. GS is not responsible or liable for any such differences
or discrepancies.
|
Accounts, Passwords, and Security
Certain
features or services offered on or through this Web site may require you to open
an account (including establishing a login ID and password). You are entirely responsible
for maintaining the confidentiality of your account information, including your
login ID and password, and for any and all activity that occurs under your account
or login ID. You agree to notify GS immediately of any unauthorized use of your
account, login ID, or password or any other breach of security. However, you may
be held liable for losses incurred by GS or any other user of or visitor to this
Web site due to someone else using your account, login 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. GS
cannot and will not be liable for any loss or damage arising from your failure to
comply with these obligations.
|
Privacy
GS’s Privacy
Policy applies to the use of this Web site, and its terms are made a part of these
Terms of Use by this reference. To view GS’s Privacy Policy, please click here. Additionally, by using this Web
site, you acknowledge and agree that Internet transmissions are never completely
private or secure. You understand that any message or information that you send
to the Web site may be read or intercepted by others, even if there is a special
notice that a particular transmission is encrypted.
|
General
These Terms
of Use will be governed by and construed in accordance with the laws of the United
States of America and the State of Georgia without regard to conflict of law principles,
and users agree that all legal proceedings related to the matters herein shall be
adjudicated solely in the courts of Cobb County, Georgia, United States of America.
Users consent to extraterritorial service of process and submit to the personal
jurisdiction and venue of said courts. To the extent any portion of these Terms
of Use shall be determined to be unenforceable by a court of competent jurisdiction,
such portion will be severable or modified by the court solely to the extent necessary
to cause such portion to be enforceable, and these Terms of Use as so modified will
remain in full force and effect. Any waiver of any provisions contained in these
Terms of Use by GS shall not be deemed to be a waiver of any other right, term,
or provision of these Terms of Use. User may not assign your rights or obligations
under these Terms of Use to any other party.
|
Contact Us
User may contact Gas South, LLC as follows:
Gas South, LLC
P. O. Box 4298
Atlanta, GA 30302
1-866-762-6427 (toll-free);
customerservice@gas-south.com
|
|
|