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 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
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.
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.
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 Legal@SummitUtilities.com .
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.
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.
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.
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.
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
WAIVER AND SEVERABILITY