Terms of Use

I. Terms of Use

This Web site (Elktongas.com), or any replacement site and related communications services and systems such as e-mail and interactive web pages (the “Site”), is operated by Elkton Gas Company and its affiliates (collectively “Elkton Gas Company,” “we” or “us”) to provide you with information about us, our products, our company and its history and future plans, as well as to provide you with certain services or capabilities. Your access to and use of the Site is governed by and subject to these terms and conditions of use (these “Terms”). Please read these Terms carefully and thoroughly. By accessing and using the Site, you agree that you have read and understand these Terms and that you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not continue to access and use the Site.

 

II. Changes to Terms

We may update these Terms from time to time and may amend them at any time to incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Site. 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 Site. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms, as so amended. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time without prior notice to you.

III. Access and Use 

In these Terms, “you” refers to an individual accessing the Site, regardless of the particular features, materials, opportunities or services made available on the Site that you choose to browse, use or take advantage of. To the extent applicable, “you” also includes the corporation or other legal entity (your “Company”), if any, on whose behalf you are accessing the Site. You represent and agree that all information that you provide to Elkton Gas Company in connection with your access to and use of the Site 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 Site (or any portions, components, or features of the Site) 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 result in the immediate termination of your access to and use of the Site.

IV. Privacy Policy

Information that you provide or that we collect about you and your Company through your access to and use of the Site 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.

V. Customer Agreements

If you are a customer of Elkton Gas Company, nothing in these Terms will supersede any other agreement with respect to your relationship with Elkton Gas Company.

VI.  Security

Elkton Gas Company takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions, or that transactions conducted on or through the Site, are or will be totally secure. You are responsible for maintaining the confidentiality of your account and account number and any other user identifier or other unique name or number identifying you (all of the foregoing, collectively, your “User ID”) and any password used in connection with your use of the Site and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify Elkton Gas Company of any unauthorized use of your User ID or password, or of any breach of Site security or of these Terms, of which you become aware. Elkton Gas Company cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. While Elkton Gas Company has no obligation to do so, Elkton Gas Company explicitly reserves the right to view, monitor, and record all activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Site. Elkton Gas Company will, to the extent that it believes that it is required to do so, comply with all final court orders as well as all lawfully constituted law enforcement and regulatory inquiries involving requests for such information. In connection with any non-encrypted data you provided to the Site or through the Services, this non-encrypted data may be monitored and information may be disclosed to the U.S. Government to protect Elkton Gas Company’s network from unauthorized usage or penetration.

VII. Copyrights and Trademarks

Site Content:  Our Site, design of our Site, and all content in our Site (“Site Content”) are protected under U.S. and international copyright laws. Our Site is owned by us and except for Your Content (as defined below) or as specifically stated or otherwise indicated, all Site Content including, but not limited to, trademarks, logos, trade names, text, data, messages, pictures, images, video, audio, graphics, data compilations, icons, code, links on our Site is the property of South Jersey Industries or its subsidiaries and protected by intellectual property laws.

Your Content: Visitors and users of the Site may provide, post, transmit, link, publish, upload, generate or otherwise make available content for the Site including, but not limited to, text, comments, user postings (including user postings and commentary on our blogs), files, images, photographs, video, sounds, and other materials (“Your Content,” and, collectively with the Site Content, the “Content”). Your Content is not confidential, and may be made public by PSEG in its sole discretion.

Do not disclose any User Generated Content that you would like to remain confidential or proprietary.

Use of Copyrights and Trademarks Prohibited:   Nothing on our Site should be construed as granting by implication, estoppel, or otherwise, a license or right to use any mark displayed on our Site, without the prior written permission of the owner of the mark. The copyright in the Site Content is owned by South Jersey Industries, Inc., unless otherwise noted. We do not warrant or represent that use of our Site will not infringe rights of third parties. See the User Conduct paragraph for your obligations.

Copyright Infringement Notification: Pursuant to the Digital Millennium Copyright Act, and specifically 17 U.S.C. 512 (c)(3), you may submit written notification of copyright infringement to Elkton Gas Company. Such notification must include at least the following information: (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Such notification can be sent to Office of the General Counsel, South Jersey Industries, Inc., 1 South Jersey Plaza, Folsom, New Jersey 08037 (sjilegal@sjindustries.com).

VIII. Use of Submission

By submitting any information or material to the Site or to Elkton Gas Company either by e-mail, telephone or other mode or medium of communication, or through access to and use of the Site or the Content (including, but not limited to, access to, use of and responses to, any available pages, forms, applications, bulletin boards, or surveys conducted by Elkton Gas Company and 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, Elkton Gas Company a royalty-free, fully-paid, perpetual, irrevocable, non-exclusive right and license to use, make and have made, reproduce, modify, create derivative works from, 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 Site.

IX. User Conduct

You may use our Site for lawful purposes only. You are prohibited from using our Site, or transmitting to or through our Site, any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful (ethnically or racially) or otherwise objectionable material, or any material that would contribute to a civil or criminal offense, infringe on any intellectual property right or otherwise violate any law. You will not submit or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage our Site. You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity when using our Site. The above assurances and commitments by you shall survive termination of these Terms.

Indemnity: You agree to defend, indemnify and hold the Elkton Gas Company and its affiliates, subsidiaries and parents harmless from and against any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from: (i) your misuse of the Site, services and content; (ii) your violation of the Terms; or (iii) your violation of any third party right including, without limitation, any intellectual property right, privacy right, or right of publicity. Elkton Gas Company reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense. This defense and indemnification obligation will survive termination, modification or expiration of these Terms of Use, the Agreement and your use of the Materials. If any part of this section is found to be unenforceable, the remainder of this section will be enforced to the fullest extent permitted by applicable law.

Children: If you are under the age of 13, YOU MUST NOT USE THIS SITE or THE SERVICES. Please do not send us your personal information. If you want to contact us, you may only do so through your parent or legal guardian.

X. User Accounts

You may choose to register an account in order to access and participate in certain features offered on our Site. When you register, you will be asked to disclose Personally Identifiable Information (“PII”), which may include, but is not limited to, your first and last name, home or business address, email address, and telephone number. We may refuse to grant you, and you may not use, an email address or other login identification that is already being used by someone else, impersonates another person, belongs to another person, violates the intellectual property or other rights of any person, is vulgar, or is otherwise offensive. You agree to notify us of any unauthorized use of your account or any other breach of security with respect to your account. We will not be liable for any loss or damage arising from unauthorized use of your account. You also agree to update the information about yourself as necessary to keep it current and accurate. We have the right to disable any user account, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The services and applications available electronically on this Site, and all applicable fees and service charges, may be altered or amended by Elkton Gas Company from time to time.

  1. Password and Security: You agree not to give or make available your password or other means to access your account to any unauthorized individuals. You are solely responsible for maintaining the security of your password, and for all transactions and payments made through your service account. If you permit other persons to use your account or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe your password or other means to access your account has been lost or stolen or someone may attempt to use the account without your consent or without your permission, you must notify Elkton Gas Company by calling them during customer service hours. Elkton Gas Company is not responsible for any loss occurring as a result of someone using your password; however, you could be held liable for losses incurred by Elkton Gas Company or other third parties as a result of such use or breach to the extent permitted by applicable law. In Elkton Gas Company sole and absolute discretion, we may, without notice, restrict, suspend or terminate any person's use of the Site and any service, user accounts, user names or passwords at any time.
  2. Online Payment: You hereby agree that, by scheduling an online payment through your account, you authorize Elkton Gas Company, and authorized representatives or agents acting on its behalf, to debit the bank account, credit card, or debit card you selected using the information you provided. you are solely responsible for making payments sufficiently prior to the due date, and you are solely responsible for any late fees. If you authorize recurring payments, automatic payments will be processed using the information you have provided until you notify us otherwise and that notification has been processed.
  3. Service Fees and Additional Charges: Any fees associated with your Elkton Gas Company account(s) will continue to apply even if you deactivate or terminate your Service Profile. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider. In addition, if you choose to make single or automated payments through your account, your eligible bank or other financial institution may charge you additional fees. If a transaction is not honored by your financial institution, Elkton Gas Company may charge additional fees to your Elkton Gas Company account.

XI. Linked Sites

For your convenience, certain hyperlinks may be provided on the Site which link to other Web sites that are not under the control of Elkton Gas Company. Elkton Gas Company does not endorse or sponsor such Web sites and is not responsible for the availability, accuracy, content, or any other aspect of such Web sites. Elkton Gas Company disclaims all liability for such Web sites, for all access to and use thereof and for use of the links to such Web sites. 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 Web sites and the decision to provide services to a company or to contribute to, or purchase products or services on or through such other Web sites, is subject to the terms and conditions of such other Web sites. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. Additionally, third-party websites may have cookies and such websites or applications may collect personally identifiable data. We encourage you to read the Terms and Conditions and Privacy Policies for such third-party websites or applications.

XII. Disclaimer

Although Elkton Gas Company strives to make the Site, the Content and the features, materials, opportunities and services provided through the Site reasonably helpful, useful, reliable and current, you understand and agree that your access to and use of the Site, the Content and all materials, products and services available through the Site and Elkton Gas Company are at your own initiative and risk. Elkton Gas Company does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site. Additionally, while users of this Site are bound by these Terms not to submit false material, Elkton Gas Company cannot be responsible for the violation of these Terms by users, or for the reliance by users upon false or misleading material submitted by other users. THE SITE AND THE CONTENT AND ALL MATERIALS, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND ELKTON GAS COMPANY ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. ELKTON GAS COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ELKTON GAS COMPANY DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, CONTENT, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH ELKTON GAS COMPANY ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE, OR THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE MATERIALS, CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH ELKTON GAS COMPANY ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

Disclaimer of Damages: IN NO EVENT SHALL ELKTON GAS COMPANY, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OR INABILITY TO USE THE WEBSITE, MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ELKTON GAS COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If this section is held to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

Questions Regarding the Site of these Terms
Please contact us with any questions regarding the Site or these Terms by e-mail at customercare@sjindustries.com or by calling 1.800.242.5830.

Acknowledgement
BY USING AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY REFERENCED HEREIN.

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