Terms of Use

INTRODUCTION

Summit Utilities, Inc., and its subsidiaries Colorado Natural Gas, Inc., Summit Natural Gas of Missouri, Inc., Summit Natural Gas of Maine, Inc., Arkansas Oklahoma Gas Corp., Summit Utilities Arkansas, Inc., and Summit Utilities Oklahoma, Inc. (“Summit”, “we”, “our”, and “us”) operates this website and other Summit-owned websites, applications, and online services (“Site”, “Sites”, or “Service”).

By accessing or using any Summit-owned Site or Service by any means, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use (“Terms of Use”) and the Summit Privacy Policy (“Privacy Policy”). Please read both the Terms of Use and Privacy Policy carefully. If you do not agree to the Terms of Use or the Privacy Policy, you must immediately terminate use of the Summit Sites.

AUTHORITY

By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Sites with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.

CHANGES TO THE TERMS OR SITE

Summit may change, modify, or otherwise alter these Terms of Use from time-to-time without notice to you beyond posting the amended Terms on the Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. Summit reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that Summit shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site (or any portion thereof).

LICENSE GRANT

The Summit Sites are owned by Summit. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Summit Sites conditioned on your continued acceptance and compliance with these Terms of Use. You may use the Summit Sites for your noncommercial personal use and for no other purpose. Summit reserves the right to bar, restrict or suspend any user's access to the Summit Sites, and/or to terminate this license at any time for any reason. Summit reserves any rights not explicitly granted in these Terms of Use. This license does not create a business or professional services relationship with Summit.

Links on this site may lead to services or sites not operated by Summit. These sites are not under the control of Summit and Summit is not responsible for any content of any linked site or any link in a linked site, or any changes or updates to such sites. Summit makes no warranties whatsoever and takes no responsibility for any information contained on those linked sites. All such information and links provided on this Site are intended solely for the convenience of users of this Site and do not represent any endorsement, advertisement, sponsorship of, concurrence with, or warranty with respect to the linked sites or any information, products or services contained in or offered through such sites. Summit reserves the right, at all times, to disclose any information Summit deems necessary to satisfy any applicable law, regulation, legal process, or to edit, refuse to post or remove any information or materials, in whole or in part, in Summit’s sole discretion.

PROPRIETARY RIGHTS

Except as otherwise stated, the contents of this Site including, but not limited to, any and all copyright, trademarks, the text and images contained herein and their arrangement, including all intellectual property rights therein (collectively the "Summit Materials"), are the sole and exclusive property of Summit or its licensors. You may not modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any Summit Materials.

LICENSE RESTRICTIONS

The Site and Summit Materials are protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos (collectively, the “Marks”) on the Site are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the Marks on the Site may be registered or unregistered marks of Summit or others. Nothing contained on this Site should be construed as granting by implication, estoppel, or otherwise any license or right to use any of the Marks on the Site without the express written permission of Summit or a third-party owner of such Marks.

Any unauthorized uses of the Marks or Summit Materials on the Site are strictly prohibited. To request permission to use the Marks or Summit Materials on the Site, or any other Summit information, please contact Summit at [email protected].

SECURITY

You are prohibited from violating, or attempting to violate, the security of this Website. Any such violations may result in criminal and civil liabilities to you. Summit will investigate any alleged violations, and if a criminal violation is suspected, it will cooperate with law enforcement agencies in their investigations. Violations of the security of this Site include, without limitation, the following:

Logging into or attempting to log into a server or account that you are not authorized to access;
Accessing data or taking any action to obtain services not intended for you or your use;
Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization;
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of this Site;
Interfering with, intercepting, or expropriating any system, data, or information; and
Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mail bombing" or "crashing" any computer system.
You are also prohibited from:
Spamming or similar actions such as transmitting the same or similar unsolicited email messages, bulk commercial advertising, or chain letters to one or more email groups (which are two or more email addresses aggregated as a single email addressee);
Posting an email or otherwise transmitting or using the Site in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that Summit, in its sole discretion, does not wish posted or transmitted on the Site;
Continuing to send email to a recipient who has indicated that he/she does not wish to receive a communication from you;
Engaging in and/or encouraging conduct that would violate any applicable law or regulation or give rise to civil liability;
Impersonating any individual or entity, falsely stating or otherwise misrepresenting your identity or affiliation in any way, or forging, deleting or altering any part of TCP/IP packet header information in any email or other posting;
Engaging in deceptive online marketing; and
Assisting or permitting any persons in engaging in any of the activities described above.

You are responsible for any material you place on or transmit to or through this Site. You agree, represent, and warrant that any information you post to or transmit through this Site is truthful, accurate, not misleading, and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility. You agree not to do any of the following things: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless you own them or have the permission of the owner; send material that infringes any other intellectual property rights of others or the privacy or publicity rights of others. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties, or forfeitures occasioned by any such violations or lack of rights.

Summit grants you the revocable permission to link to publicly available (i.e., non-password protected) portions of the Site; provided, however, that any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Summit or the Site is endorsing or sponsoring it or its products, unless Summit has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Summit’s sole opinion, harm Summit or its products or services; (d) must not use any Summit trademarks without the prior written permission from Summit; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Summit’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms of Use. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.

Notwithstanding anything to the contrary contained in these Terms of Use, Summit reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.

YOUR ACCOUNT

If you sign up for an account on the Site, you must select a username and password and provide accurate, complete, and updated contact information, identification details, and any other form of authentication requested on the Site in Summit’s sole discretion. Failure to do so constitutes a violation of these Terms of Use, which may result in immediate termination of your license to access and use the Site. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as a principal to these Terms of Use, and you agree to accept liability for harm caused by that person’s wrongful use of the Site.

Summit reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel accounts for any reason, in its sole discretion. These Terms of Use will remain in full effect even after your account is terminated.

You shall register for and use your account on the Site, and purchase and use the products, features, and content available through the Site, in strict compliance with (1) these Terms of Use, and (2) all applicable laws, rules and regulations (collectively, “Laws”).

GEOGRAPHICAL RESTRICTIONS

Unless expressly and specifically stated otherwise on the Site, Summit provides this Site for use only by persons located within the United States. Certain subsidiaries or affiliates of Summit only provide certain regulated services in certain portions of the United States. Summit makes no representation that all products, services and/or material described on the Site are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

NOTICES

The products and services are made available on the Site in electronic form. By visiting or using the Site in any way, you agree to accept notices of any kind from Summit in electronic form. Notices from Summit intended for your receipt shall be deemed delivered and effective when sent by email by Summit to any email address you provide to Summit on or in connection with the Site.

PRIVACY POLICY

Please view our Privacy Policy, which explains Summit’s practices relating to the collection and use of your information through or in connection with our Site. Summit’s use of your information is always governed by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Site you consent to the collection and use of this information (as set forth in the applicable privacy policy).

DISCLAIMER OF WARRANTIES

YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE SITES AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. SUMMIT AND ITS RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SUMMIT AND ITS RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUMMIT OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

LIMITATION OF LIABILITY

SUMMIT AND ITS RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF SUMMIT OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

IN NO EVENT WILL SUMMIT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

EXCLUSIONS PERMITTED BY LAW

Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the above limitations above which are lawful in your jurisdiction will apply to you and Summit's liability will be limited to the maximum extent permitted by law.

INDEMNIFICATION

BY USING THE SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE IT DEFEND, INDEMNIFY, AND HOLD HARMLESS SUMMIT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES, DEMANDS, CAUSES OF ACTION, DEBST, LOSSES, OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND ACCOUNTING FEES THAT SUMMIT MAY BECOME OBLIGATED TO PAY ARISING OR RESULTING FROM YOUR USE OF THE SITE AND CONTENTS THEREIN OR YOUR BREACH OF THESE TERMS. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SERVICE OR THE SYSTEMS TRANSMITTING THE SERVICE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION. SUMMIT RESERVES THE RIGHT TO ASSUME OR PARTICIPATE, AT YOUR EXPENSE, IN THE INVESTIGATION, SETTLEMENT, AND DEFENSE OF ANY SUCH ACTION OR CLAIM.

TERM AND TERMINATION

These Terms of Use will take effect at the time you begin using the Site. Summit reserves the right, in its sole discretion and without notice and liability, to immediately terminate or suspend your account and access to all or any part of the Site. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), [DB6] (d) discontinuance or material modification to the Site (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities.

Termination, suspension, or cancellation of these Terms of Use or your access to the Service will not affect any right or relief to which Summit may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to Summit and its licensors. The rights and obligations under these Terms of Use will remain in effect after termination or expiration hereof.

GOVERNING LAW

The laws of the State of Colorado govern your use of the Site, any dispute concerning the Site, the interpretation and enforcement of these Terms of Use, your rights and obligations and all actions contemplated by these Terms of Use, without giving effect to any principles of conflicts of laws, as if the Terms of Use were a contract wholly entered into and wholly performed within the State of Colorado. Unauthorized use of this Site is prohibited, and violators can be prosecuted under federal and state laws.

WAIVER AND SEVERABILITY

The failure to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. No waiver by Summit of any of these Terms of Use will be of any force or effect unless made in writing and signed by a duly authorized office of Summit. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

ENTIRE AGREEMENT

You acknowledge and agree that these Terms of Use, and any additional terms, policies, or conditions incorporated by reference, constitute the complete and exclusive agreement between you and Summit concerning your access to and use of the Site, and supersede and govern all prior proposals, agreements, or other communications, whether oral or in writing, with respect to the Site. You represent, warrant, and covenant that your access to and use of the Site will comply with these Terms of Use.

ASSIGNMENT

You may not assign these Terms of Use (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Summit, which may be withheld at Summit’s sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Summit may assign these Terms of Use, in whole or in part, to any third party in its sole discretion, without notice to you.

MISCELLANEOUS

Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms of Use will not be construed against Summit by virtue of Summit having drafted them. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site within one year after it arises.

CONTACT INFORMATION

Questions regarding these terms and conditions, our Privacy Policy, or other policy related material can be directed to [email protected].