(Revised and Effective – February 1, 2018)
Subject to these Terms & Conditions, Berkshire Gas Co. (collectively referred to herein as “BGC,” “we,” “us” and “our”), provide you with access to our website www.berkshiregas.com (the "Site"). By virtue of registering with and/or using the Site, you hereby agree to these Terms & Conditions (referred to herein as the "Terms & Conditions"). BGC may amend these Terms & Conditions by posting an amended version to the Site. By continuing to use the Site and services following such amendment, you agree to the Terms & Conditions then posted.
From time to time, we may supplement the Terms & Conditions with additional terms pertaining to specific services ("Additional Terms"). You understand and agree that such Additional Terms are hereby incorporated by reference into the Terms & Conditions.
Information for Users of ancillary products and services. If you register for and use any ancillary products and services, your use of those products and services may be subject to separate or additional terms & conditions.
1. Safe Harbor Statement
Certain statements contained in this Site regarding matters that are not historical facts, are forward-looking statements (as defined in the Private Securities Litigation Reform Act of 1995). These include statements regarding management’s intentions, plans, beliefs, expectations or forecasts for the future. Such forward-looking statements are based on our expectations and involve risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in BGC’s or its affiliates’ filings with regulatory authorities.
2. Use of Site
You may browse and use the Site solely for your personal, non-commercial, purposes and in compliance with these Terms & Conditions. You may not distribute, modify, transmit, publish, reuse, repost or use the Site or any content made available on the Site: (i) for public or commercial purposes without the express written permission of BGC; (ii) in a manner inconsistent with these Terms & Conditions; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Site or interfere with any other party’s use or enjoyment of the Web Site. The Site or any portions of it may not be duplicated, copied, sold, resold or otherwise used for any commercial purpose without the written consent of BGC. Use for which permission has been received must include with the republished material a credit line such as "Copyrighted material courtesy of Berkshire Gas Co." or "Copyrighted photo courtesy of Berkshire Gas Co.," as appropriate.
You will not use the Site for junk mail, 'spamming' solicitations (commercial or non-commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, “Viruses”). We do not have an obligation to detect the presence of such Viruses. You may not use the Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site, except as needed for search engine indexing. If you download software or any other content from the Site, you do so at your own risk.
3. User Communications
You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share on the Site or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively “User Communications”). We do not endorse or sponsor any such User Communications submitted by you or other users of the Site. We reserve the right to terminate and/or deny you access to the Site if we determine, in our sole discretion, that you are violating these Terms & Conditions, or any applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.
Subject to the terms and conditions set forth in our Privacy Notice, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution. You hereby grant to us and our affiliates and/or designees, a perpetual, fully paid up, royalty-free, irrevocable, transferrable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivative works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Site and have all relevant licenses and consents from any relevant third parties. Further, we and our affiliates are free to use any ideas, concepts, knowhow or techniques contained in any User Communication you send to the Site for any purpose whatsoever including without limitation developing, manufacturing and marketing products and services.
You represent and warrant your User Communications will not: (a) be false, inaccurate or misleading; (b) infringe upon or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising); (d) be libelous, threatening, harassing, obscene or contain any kind of pornography; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) create liability for us or cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers; (g) interfere with the ability of others to enjoy our Site; (h) impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of BGC; (i) link to or include descriptions of goods or services that: (i) are prohibited under these Terms & Conditions; or (ii) you do not have a right to link to or include; (j) contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or (k) instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
We reserve the right, but do not assume the obligation, to monitor, restrict or prohibit your use of the Site, in whole or in part (including removal of any User Communications), if we believe you are violating any of the terms of these Terms & Conditions and to remove, edit or relocate any submission as we see fit, whether for legal or other reasons.
4. Proprietary Rights
The Site and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Site and the compilation of all of the foregoing (collectively, the “Content”) are the property of, or used with permission by, BGC and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms & Conditions or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content. Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site are registered and unregistered trademarks, trade names and service marks owned by BGC and/or our affiliates. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without our written permission or the written permission of such third-party owner.
Use of the Site is also governed by our Privacy Notice, which is incorporated into these Terms & Conditions by this reference.
From time to time, the Site may contain links to third-party websites. We are not responsible for those websites or the parties that control them. All such links to third-party sites are provided solely as a convenience to you. If you use these links, you will leave our Site and no longer be governed by the Terms & Conditions or our Privacy Notice. We are not liable for the content, quality, suitability, functionality or legality of any such sites. You hereby waive any claim you might have against us with respect to such sites and their operators.
You may not take legal action against BGC without first a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less than 30 days, toward resolution of the dispute. Any such notice of a dispute must be sent to the address listed on the Contact Us page, and must be received by us within 90 days of a scenario that first gives rise to a dispute.
8. Discontinuance, Modification and Restrictions
Without limiting any other rights or remedies, in the event that we determine, in our sole discretion, that you have breached any portion of these Terms & Conditions, or have otherwise demonstrated conduct that we deem to be inappropriate or unacceptable in our sole discretion, we reserve the right to (i) warn you via email that you have violated the Terms & Conditions; (ii) delete any content provided by you or your agent(s) to the Site; (iii) discontinue your access to the Site, (iv) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which we deem to be appropriate. If your ability to access and/or use the Site or any other service provided to you by BGC is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Site, through use of a different member name or otherwise.
9. Disclaimer of Warranties; Limitation of Liability
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT AND SERVICES AVAILABLE HEREIN IS AT YOUR SOLE RISK. THE SITE, CONTENT AND SERVICES AVAILABLE FROM THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BGC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, CONTENT AND SERVICES AVAILABLE AT THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE.
WE DO NOT GUARANTEE OR WARRANT THAT THE SITE OR ANY CONTENT OR SERVICES WILL BE FREE OF INFECTION FROM VIRUSES, WORMS OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE SITE OR ANY CONTENT OR SERVICES PROVIDED HEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE LESSER OF (I) $50 USD OR (II) THE AMOUNT PAID BY YOU FOR USE OF THE SITE OR ANY SERVICE DURING THE PRIOR 12 MONTHS.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
UNLESS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF BGC, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR RELATED TO YOUR USE OF THIS SITE OR ANY CONTENT OR SERVICES PROVIDED HEREIN, THE VIOLATION OF THIS VISITOR AGREEMENT BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER USING YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRDPARTY CLAIM WITHOUT OUR CONSENT.
11. Copyright Infringement Notification
If you believe that a copyrighted work has been copied and posted via the Site in a way that constitutes copyright infringement, you may provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
Berkshire Gas Co.
115 Cheshire Rd, Pittsfield, MA 01201
Attn: Legal Department
Access to and use of the Site and services is made available only to people who can form legally binding agreements under applicable law. The Site is intended for a general audience and is not intended to be used by minor children. Children accessing the Site should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Site, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Site; and (iii) the consequences of any use of the Site by such Minor.
In the event that any provision of these Terms & Conditions conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms & Conditions will remain in full force and effect. Any failure by BGC to insist upon or enforce strict performance of any provision of the Terms & Conditions or to exercise any right under the Terms & Conditions will not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
You represent to us that you have the authority to access and use the Site according to these Terms & Conditions. The Terms & Conditions and any Additional Terms (as such terms shall be identified when posted on the Site) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email or by posting notice on this site. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.
13. Contact Us
We welcome your comments and questions. Please contact us at:
Berkshire Gas Co. Attn: Website Inquiries 115 Cheshire Rd, Pittsfield, MA 01201.
Copyright © 2018 Berkshire Gas Co. All rights reserved. Any rights not expressly granted herein are reserved.