TERMS AND CONDITIONS GOVERNING USE OF THE BGC ALERTS SERVICE OF BERKSHIRE GAS COMPANY (“BGC ALERTS”)
BGC Alerts (the “Service” or “BGC Alerts”) is a service provided by The Berkshire Gas Company (“BGC”) that is designed to transmit messages alerting customers of billing and price information related to your residence or business served by BGC. Your use of the Service is subject to the Service Terms and Conditions set forth below (“Terms and Conditions”). These Terms and Conditions are subject to change from time to time, at the sole discretion of BGC and without any notice to BGC Alerts participants; a current version of the Terms and Conditions will be posted here.
To receive BGC Alerts by text message, your phone must be enabled for text messaging. Text messaging and data rates may apply. If you do not have a smart phone that links you to the website directly, you may need to use another computer to access the Terms and Conditions on the BGC website before texting.
You have the ability to permanently discontinue your participation in BGC Alerts at any time by texting "STOP" to 56589.
PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS AND FOR ADDITIONAL INFORMATION.
TERMS AND CONDITIONS
1. Cost of Participation
BGC does not charge you a fee to participate in this Service. However, message and data rates from your phone service provider and/or Internet service provider may apply. You are responsible for the payment of any such fees. Check with your phone service provider and/or Internet service provider for details.
2. User Conduct
You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or contains hate speech. You acknowledge that BGC may or may not pre-screen text message content you provide, but you acknowledge and agree that BGC shall have the right, without obligation and in its sole discretion, to pre-screen, refuse, or remove any content you make available, including content that violates this section. You agree to provide true, accurate and complete information about yourself during the BGC Alerts registration process, and to update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if BGC suspects that your information is untrue or inaccurate, not current, or incomplete, BGC may, at BGC’s sole discretion, suspend or terminate such BGC Alert registration and/or access or refuse current or future access.
3. Confirmation, Opting Out and Discontinuing Use of BGC Alerts or Asking Questions
You understand and agree that you will receive a confirmation text message for each text message sent to BGC. To opt-out and discontinue BGC Alerts, please send the keyword “STOP” to 56589. If you experience any problems with opting out of BGC Alerts, or if you need help or additional information related to BGC Alerts, please text “HELP” to 56589 or call Customer Service at 800.292.5012.
4. Security and Privacy
5. No Guarantee of Timely Delivery of Messaging
BGC is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered, incomplete or inaccurate messages resulting from any form of filtering or otherwise by your mobile carrier or service provider or any other third-party supplier or entity.
6. Disclaimer of Warranties
You expressly understand and agree that your participation in the BGC Alert Service and your reliance on the information available through the Service is at your sole risk. Text Alerts are provided on an "as is" and "as available" basis. BGC and its parents, subsidiaries, affiliates, officers, agents, employees, partners, contractors, consultants, licensors, suppliers or their assignees and/or their successors in interest, expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. BGC and its subsidiaries, affiliates, officers, agents, employees, partners, contractors, consultants, licensors, and suppliers make no warranty that (a) BGC Alerts will meet your requirements; (b) BGC Alerts will be private, free from unauthorized access, uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of BGC Alerts will be accurate or reliable.
You agree to hold BGC and its directors, officers, employees and agents harmless from any and all losses or damages, including attorneys’ fees, that may arise, directly or indirectly, in whole or in part, from:
A non-delivery, delayed delivery, or the misdirected delivery of a BGC Alert;
Inaccurate or incomplete content in a BGC Alert; or
Your reliance on or use of the information provided in a BGC Alert for any purpose.
IN NO EVENT SHALL BGC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BGC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Limitation on Liability
To the fullest extent permitted by law, you expressly understand and agree that BGC and/or its parents, subsidiaries, affiliates, officers, agents, employees, partners, contractors, consultants, licensors, agents, and suppliers, or their assignees and/or their successors in interest shall not be liable to you for any damages, costs or expenses incurred by you or for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, attorney’s fees, damages for loss of profits, goodwill, use, data or other intangible losses, even if BGC has been advised of the possibility of such damages, resulting from the use or the delay or inability to use BGC Alerts, unauthorized access to or alteration of your transmissions or data, statements or conduct by anyone, including any third party, or any other matter relating to BGC Alerts.
8. Events Beyond BGC’s Control
BGC will not be responsible for any loss resulting from an event over which it does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars or governmental restrictions. You acknowledge and agree that your receipt of any BGC Alert may be delayed or prevented by factors affecting your phone service provider(s) or Internet service provider(s), and other factors outside BGC’s reasonable control.
9. Suspension or Termination of Text Alerts
BGC reserves the right, in its sole discretion, to change, cancel or suspend any or all of its Alerts, in whole or in part, or your participation therein, for any reason, or without (a) any notice to participants of BGC Alerts, including you, or (b) any obligation of BGC to offer or support any similar replacement program or service.
10. Applicable Law and Disputes
These Terms and Conditions and BGC’s relationship with you regarding the BGC Alerts are governed by the laws of the State of Massachusetts, without regard to its conflict of laws principles. You and BGC agree to submit to the exclusive jurisdiction of the courts of the State of Massachusetts, and you and BGC hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.
11. Calls/Texts to Your Residence or Mobile Device
An auto-dialer and/or artificial or prerecorded message may be used to make calls or send text messages to you. You may receive BGC Alerts even if your phone number is on the Federal or State “Do Not Call” registry. Your wireless carrier may charge fees for text messages, emails and calls to your mobile device. Message and data rates may apply. Text “STOP” to 56589 to opt-out of our text messages or use the other opt-out methods listed below.
You may elect at any time to no longer receive some or all BGC Alerts by changing your preferences through your account on the BGC website, by contacting a BGC Customer Service Representative at 800.292.5012 or by texting “STOP” to 56589. Your opt-out from text BGC Alerts will be effective when you receive an opt-out confirmation. This opt-out message will remove your mobile device from all text messages from BGC, even those you have enrolled in. Please understand that it may take us a few days to process any BGC Alert opt-out request. Even if you opt-out of receiving BGC Alerts from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
These Terms and Conditions contain the entire agreement between you and BGC regarding the use of the BGC Alerts, and supersede all prior understandings related to use of BGC Alerts. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of these Terms and Conditions, and the remaining portions shall remain in full force and effect.
14. Contact Us
If you have any questions or concerns about BGC Alerts, call BGC at 800.292.5012.