Terms of Use - Natural Gas Connection

Terms of Use

Last Updated: August 15, 2019

 We maintain the Natural Gas Connection website (referred to as the “Site”) for your personal information, education, shopping, and convenience. With your use of the Site, you agree to these Terms of Use and the disclaimers and terms and conditions stated on the Site (“Terms of Use”).

It is important that visitors to the Site are aware of their respective legal rights and obligations when using the Site.  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS (E.G., REQUIRING ARBITRATION, PROHIBITING CLASS RELIEF, AND LIMITING OUR LIABILITY).If you do not agree to be bound by the Terms of Use, do not use the Site.

We reserve the right to update and make changes to these Terms of Use at any time by updating this posting or providing notice to you as permitted under applicable law.  By using the Site, you agree to be bound by any such changes.  You should periodically visit the Site to review the current Terms of Use that govern use of the Site.

Eligibility.The Site is available to people residing in the United States who can form legally binding agreements under applicable law.  Access to the Site may be prohibited in certain countries outside the United States.  If you access the Site from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of your territory of access.

To purchase a product on the Site, you must be a natural gas customer with an active account in good standing with one of the following municipal gas systems: Adairsville, LaFayette, Summerville, or Trion.  Please note that if you purchase a product from the Site, our Terms of Purchase apply to your purchase.  ClickHere to consult the Terms of Purchase. 

Access to the Site.  We grant you a limited right to access and make informational, personal and non-commercial use of the Site and Content (defined below).  You may download material on the Site for non–commercial, personal use provided you retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media (other than as expressly permitted on the Site).  It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame” or use the Content of the Site including the text, images, audio and/or video for public or commercial purposes (other than as permitted on the Site) without written permission from one of our authorized representatives.

Establishing an Account.  To purchase any items offered on the Site, you must set up an account on the Site. Each user setting up an account on the Site is responsible for keeping account information confidential.  You agree that you are solely responsible for any communications or other uses made using your account information, as well as for any order, purchase or other obligations, which may result from such use.  You are responsible for updating your account information.  If we believe the details are not correct, current, or complete, we have the right to terminate or suspend your account on the Site.

Ownership of Content. Content included on the Site, including information, data, software, images, photographs, videos, and other material (collectively “Content”) are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  All Content is copyrighted as a collective work under the U.S. and international copyright laws, and NGC (its vendor(s) or licensor(s)) owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of such Content.  The rights in the Content are retained by the respective owner and are protected by copyright and other applicable law.  Except as expressly authorized or licensed, you may not copy, modify, delete, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.  The software, applications, algorithms and technology used to provide the Site and functionality remain the exclusive property of NGC or our vendors and licensors.

Product, Service and Technical Information on the Site.  We provide products and services for purchase.  Unless otherwise stated in the Site, the products and services depicted on the Site are provided through third party manufacturers, distributors, vendors and contractors. We have made a conscientious effort to display and describe the products, services and related specifications available on the Site accurately based on information we receive.  We do not guarantee that the product images, services or specifications displayed on the Site are or will remain accurate. We do not certify, endorse or make any representations or warranties of any kind regarding third party providers or their product or service offerings, including, without limitation, any representations as to the quality, reliability or performance of their products or services.  The technical information, recommendations and other information made available on the Site, including recommendations regarding product selections, are not substitutes for consultation with the vendors and providers familiar with your particular needs and circumstances.  The display of a product or service on the Site does not mean the product or service is or will be available.

Documentation Disclaimer. Product packaging, owners’ manuals, installation instructions, operating instructions, and/or other product documentation may include more information than what is shown on this Site. The content on this Site is intended to be used FOR REFERENCE PURPOSES ONLY. PLEASE FULLY READ ALL MANUALS AND DOCUMENTATION INCLUDED WITH A PURCHASED ITEM BEFORE INSTALLING OR USING THAT ITEM.

Product Availability.NGC does not guarantee the availability of any items for purchase and NGC may revise and discontinue the availability of any items at any time. In the event an item is not available at the time you place your order, it is NGC’s policy to send you a notice via your email address on record, that such item is not available. This notice will inform you if the item is temporarily unavailable (i.e. on back-order) or permanently unavailable. If the item is temporarily unavailable, your order will be fulfilled when the item is next available unless you notify us to cancel your order for such item prior to installation.  If the item is permanently unavailable, NGC will not fulfill your order for that item and will credit the purchase amount to your payment method. However, NGC will fulfill the balance of your order for any additional items that you ordered unless you notify us to cancel your entire order before installation or pick-up of the applicable items.

In spite of all our efforts, errors may occur and, in such event, NGC shall make its best efforts to bring these errors to your attention and correct them as soon as possible. We reserve the right to cancel, terminate or not process an order if the price or any other important information on the site is incorrect. If we do not process an order for this reason, we will notify you that the order has been canceled and we undertake, either not to charge you the amount of the order, or to credit you, depending on the type of payment used.

Features and Changes on the Site. We may from time to time make available additional features on the Site or changes to the Site. Those features and any changes or updates are subject to these Terms of Use and any other applicable terms and conditions associated with them on the Site, as those may be updated from time to time.

Privacy. Any personal information you provide on the Site will be used by NGC in accordance with the Site’s Privacy Notice.

Submissions.NGC does not intend to accept ideas, concepts or techniques for new services or products through the Site.  Notwithstanding the foregoing, you acknowledge that any communication or material you transmit to the Site, such as questions, comments, ideas, feedback, materials, suggestions or the like (collectively “Submissions”), will be treated as non-confidential and nonproprietary and may be used by NGC for any purpose without notice to you and without any further consent by you.  We will be under no obligation whatsoever to use, respond to, or pay any compensation with respect to any Submission. The act of providing any Submission constitutes an assignment to NGC of all worldwide right, title and interest, including copyright and other intellectual property rights, in the Submission.  By providing any Submission, you represent and warrant that you own or otherwise control all of the rights to that Submission including, without limitation, all the rights necessary for you to provide that Submission and for NGC to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell that Submission.

Restrictions on Use.You are prohibited from using the Site or any of its Content (i) to post or transmit any infringing, threatening, false, misleading, libelous, defamatory, obscene, inflammatory, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (ii) to advertise or sell any products or service (other than as expressly permitted for designers); (iii) for any purpose that is unlawful or prohibited by these Terms of Use; (iv) in any manner which could damage or disparage NGC; (v) in any manner that could disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site; and (vi) to solicit, obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.  Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are strictly prohibited.  NGC will fully cooperate with any law enforcement authorities or any court order requesting or directing NGC to disclose the identity of anyone posting or transmitting any such information or materials.

General Audience Site. The Site is a general audience site and is not intended for use by children.  Children accessing the Site should get permission and assistance of a parent or guardian to use the Site.

Links to Third Party Websites. The Site contains products and services offered by, and hypertext links to sites operated by, parties other than NGC (“Linked Sites”). Links to Linked Sites are provided for your convenience only. NGC makes no representations about any Linked Site or any representation or warranty as to any third–party products or services.  When you leave the Site, please understand that NGC has no control over the content on that Linked Site.

Linking to the Site. Linking to any page of the Site other than to naturalgasconnection.com through a plain text link is strictly prohibited in the absence of the written consent of NGC.  Any web site or other device that links to the naturalgasconnection.com is prohibited from (a) replicating Content, (b) framing or using border around the Content, (c) implying in any fashion that NGC is associated with that web site or is endorsing that web site or its products, (d) misrepresenting any state of facts, including its relationship with NGC, and (f) using any logo or trademark of NGC without express written permission from NGC.

Binding Arbitration of All Disputes; No Class Relief. To the fullest extent permissible by law, with the exception of disputes pertaining to NGC’s intellectual property rights and certain statutory claims that, pursuant to applicable law, are not arbitrable, any dispute of any kind between you and NGC arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis only and with no entitlement to class relief, unless otherwise prohibited by law.  The arbitrator shall follow Georgia substantive law in adjudicating the dispute, except that this Section shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”).  You and we agree that we intend that this Section satisfies the “writing” requirement of the FAA.  The hearing shall be conducted in the county that encompasses the billing address you have provided to NGC.  For any claim in which you seek U.S. $10,000 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone, or instead the arbitrator may decide the dispute without a hearing.  For those claims that the arbitrator determines are not frivolous, NGC shall pay the costs and fees of JAMS and the arbitrator.  NGC agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration.  AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ONLY ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

Disclaimer of Warranties. THE SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND NGC,AND ITS AFFILIATES, SUBSIDIARIES, DESIGNEES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD–PARTY PROVIDERS, CONTRACTORS, DISTRIBUTORS, LICENSORS AND THE LIKE TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. Without limiting the foregoing, We neither warrant nor represent that (i) the Content will be accurate, reliable, complete or up-to-date; (ii) your access to the Site will be uninterrupted or error free; or (iii) you will be satisfied with any products or services that you purchase from a Linked Site or any designer, dealer, retailer, or provider listed on the Site.  We assume no liability arising from any material, information, products or services that may be provided by any third party.  Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

Exclusion of Liability. YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT WILL NGC OR ANY AFFILIATES OR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, DOWNLOAD OF ANY CONTENT OR ACCESS TO ANY LINKED SITE.  NEITHERNATURAL GAS CONNECTION LLC, NOR ANY OF ITS AFFILIATES OR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY OF USE OF THE SITE OR CONTENT WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.  Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.  If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.

Indemnification by You. You agree to indemnify, defend and hold harmless Natural Gas Connection LLC and its affiliates from and against any and all claims, damages and costs, including reasonable attorneys’ fees and related expenses, arising from or related to any unauthorized use by you of the Site or Content, your provision of any Submission, or any breach by you of these Terms of Use.

Termination/Access Restriction.  We reserve the right, in our sole discretion, to terminate or refuse your access to any or all of the Site and the related services or disable your account at any time, without notice and for any reason.  We also reserve the right to modify, terminate or withdraw the Site or any Content on the Site at any time without notice.

Governing Law and Disputes. The Site is created, operated and controlled by Natural Gas Connection LLC  (“NGC”) in the State of Georgia, United States of America. As such, the laws of the State of Georgia will govern these Terms of Use without giving effect to any principles or conflicts of laws.

How to Contact Us. This Site is operated by the Natural Gas Connection LLC, located at 104 Townpark Drive, Kennesaw, GA 30144.  Please forward any comments or complaints about the Site and any questions regarding privacy and other matters to webadmin@naturalgasconnection.com. Although NGC will in most circumstances be able to receive your e-mail, NGC does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail. Be aware that e-mail typically is not secure.

General. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the remainder shall continue in effect. These Terms of Use represent the entire agreement between you and Natural Gas Connection LLC with respect to access and use of the Site and supersede any prior statements or representations.