By downloading and/or utilizing the Website and/or the Mobile Apps, you consent for us to contact you by phone, text message, email, or other form of electronic communications regarding information related to your account, and you agree to provide a valid phone number, e-mail address or other delivery location so that we may send you certain information about your applicable account or otherwise related to the Website, Mobile Apps, or Services. With respect to the Mobile Apps, you agree that we may send you information relative to their usage through your communication service provider in order to deliver them to you and that your communication service provider is acting as your agent in this capacity.
3. User Accounts
a. The Website and Mobile Apps offer our customers a variety of functions and services, as described more fully below in Section 5 ("Services"). Many of the Services involve information about customer accounts and other personal information. To protect your privacy, we may require that you establish one or more user accounts to access such Services (each a "User Account"). We reserve the unqualified right (i) to accept or decline to accept an application to open a User Account; (ii) to terminate any User Account; and (iii) to discontinue the provision of any Service related to such User Account.
b. In connection with opening your User Account(s), you will either designate or receive a user name and password or personal identification number that you can use to establish your identity when you sign in for and use certain Services. You agree (i) to provide accurate and complete information when opening a User Account; (ii) to update your information as necessary so that it remains accurate and complete; and (iii) not to impersonate any other person, operate under an alias, or otherwise conceal your identity.
c. The right to use the Services and functions of a User Account on the Website or through the Mobile Apps is limited to you as the party enrolling and those authorized persons to whom you give your personal identification number or password and so provide written notice to the Company. You are responsible for safeguarding your user name and password or personal identification number and agree to hold the Company harmless from any claims resulting from improper use of your password or personal identification number. You agree to be responsible for all acts or omissions with respect to access to or use of a User Account by any person using your password or personal identification number. Please notify us immediately by contacting a customer service representative at 1-800-700-2443 if you believe that the security of your user name, personal identification number, or password has been compromised.
d. Information collected from you on this Website or through the Mobile Apps (including information about your Company energy account and personal information) is subject to our Policy (set forth below), which can be found at www.texasgasservice.com.
4. Provision of Data
In order to participate in the services offered at the Website or through the Mobile Apps, you must provide certain current, complete, and accurate information about you as prompted to do so and maintain and update such information as required to keep such information current, complete and accurate. You warrant that such data is accurate and current, and that you are authorized to provide such data. You authorize us to verify such data at any time. If any data that you provide is untrue, inaccurate, not current or incomplete, The Company retains the right, in its sole discretion, to suspend or terminate your rights to use the Website or the Mobile Apps. Except as otherwise provided herein, any material, information or other communication ("Communications") you transmit or post to this Website or via the Mobile Apps will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to the Communications. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from the Website or through the Mobile Apps any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
a. Business Area. Certain business customers of the Company will be able to register as natural gas suppliers, retrieve information regarding natural gas suppliers, access industry bulletin boards and obtain information on economic development. To access these business information tools, business customers must enroll for a User Account with a personal identification number and password.
b. Residential Area. Residential customers of the Company will be able to access the following services in the Customer Care area of the Website, which may be available through the Mobile Apps. Access to the Customer Care area will require account information and a password or user identification number, which may be assigned by the Company or selected by the customer, as determined by the Company in its sole discretion.
(2) Other Customer Services. Residential customers of the Company may also use the following Services, all of which are offered directly by the Company: (a) view their current Texas Gas Service bill; (b) view an energy comparison; (c) view account transaction history; (d) request information regarding budget payment plans; and (e) make certain service requests.
(3) Customer Energy Management. From time to time, Customers may also obtain from our Website or from the Mobile Apps information about energy efficiency measures and energy conservation programs developed by or for the Company and available to the public.
c. Merchant Information. The Website and the Mobile Apps may enable you to search for third party businesses selling gas-related goods and services in certain geographical locations. THE COMPANY IS NOT AFFILIATED WITH ANY SUCH BUSINESSES, AND DOES NOT ENDORSE ANY SUCH BUSINESSES, GOODS, OR SERVICES.
d. Outside Services. From time to time, the Website and the Mobile Apps will enable you to access certain services provided by third party website operators. These services and the information they provide may contain errors and omissions. All such errors and omissions are subject to Section 10 concerning third party content ("Third Party Content"). The Company is not responsible for such errors or omissions, and shall not be liable for any harm, loss, or liability you suffer in reliance on either these outside services or any information they provide. The Company is also not responsible for the functionality, reliability, or the security of these services. As discussed below, when you access some of these outside services, please be aware that you will actually be on a third party website, even though it may appear that you are still browsing the Company’s Website or may have reached the third party website via the Mobile Apps.
The copyright in all material provided on the Website or within the Mobile Apps is held by the Company or by the Company’s licensor. You acknowledge and agree that the Website and the Mobile Apps contain proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Website and the Mobile Apps, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of the Company or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Company does not grant any license or authorization to any user of its copyrightable material or other intellectual property by placing them on the Website or within the Mobile Apps. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner. However, you may print a copy of the information on the Website or within the Mobile Apps for your personal, non-commercial internal use or records. In so doing, you may not modify the material and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you ownership rights in the information and terminates automatically if you breach any of these terms or conditions. If you make any other use of the Website or the Mobile Apps, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to penalties.
7. Copyright Infringement
You may contact the Company with complaints regarding allegedly infringing posted material and the Company will investigate those complaints. If the posted material is believed in good faith by the Company to violate any applicable law, the Company will remove or disable access to any such material and the Company will notify the posting party that the material has been blocked or removed in accordance with its copyright infringement policy.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Website and in the Mobile Apps are registered and unregistered Trademarks of the Company and/or its affiliates. Nothing on the Website or within the Mobile Apps should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website or within the Mobile Apps, without the prior written permission of the Trademark owner. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The names “Texas Gas Service” and “texasgasservice.com” and the click-for-service logo or service mark may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website or through the Mobile Apps, without prior, written permission. The Company prohibits use of the Company name or logo as a metatag or as a "hot" link to any Company website unless establishment of such a link is approved in advance by the Company in writing. If you have any questions regarding any trademarks on the Website or within the Mobile Apps, please contact the Company.
a. Links to Third Party websites. The Website and Mobile Apps may from time to time display links to websites or electronic services sponsored by third parties. If you click on one of these links (for example, the Payment Service), you will leave the Website or the Mobile Apps and go to the website of the third party. In addition, in some cases, if you request certain content appearing on the Website or through the Mobile Apps, you may be taken to a third party's website actually hosting the content. In some cases, the third party's content may be "framed" in such a way that it may appear you are on the Website or still utilizing the Mobile Apps. The Company is not responsible for the content or operation of third-party website or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply that the Company endorses or is affiliated with such website(s), services, or third parties, or any services or products offered therein or thereby.
b. Links to the Website. Third parties are not authorized to include active links on websites they control directing a browser to this Website's "home page" at www.texasgasservice.com or to any part of the Website or the Mobile Apps without the express written consent of the Company. We do not authorize "deep linking" to interior pages on the Website or to any locations within the Mobile Apps. Neither the Website nor the Mobile Apps may be linked to in such a way that the pages of the Website or any information within the Mobile Apps are displayed within a frame on a third-party website, or are otherwise displayed on a browser screen accompanied by advertising or other content not found on the Website. The fact that a third party provides a link to the Website or to the Mobile Apps will not in any way be or imply an endorsement, agency, joint venture, or similar relationship between the Company and any such third party.
c. Data Mining. No user or third party is authorized to use any software, bots, spiders, or other information-gathering devices or programming routines to monitor, copy, or otherwise "mine" information displayed on the Website or within the Mobile Apps for display on or use with any website or service.
10. Third party content
The Company displays and distributes content, information, and certain Services on websites supplied by third parties (including, but not limited to, the Payment Service). The submitting third parties, and not the Company, are solely responsible for any advertisements, opinions, advice, statements, services, offers, data, information, content, or other materials that such third parties express or make available ("Third Party Content"). The Company does not guarantee the accuracy, completeness, availability, quality, or usefulness of any Third Party Content, and under no circumstances shall the Company be liable in any way for Third Party Content, or for any loss or damage of any kind incurred as a result of Third Party Content being posted or otherwise transmitted either a) through the Website or the Mobile Apps or b) in connection with any of the Services.
11. User Conduct
While using the Website, Mobile Apps, or any Service, you may not:
a. retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of the Website or any portion thereof, or any information within the Mobile Apps, without our prior written consent;
b. upload, post, publish, transmit, reproduce, or distribute through the Website or through the Mobile Apps any material that infringes any third party's copyright, patent, trademark, service mark, trade dress, trade secret, or other proprietary rights, or which violates any contractual, fiduciary, or judicially-imposed nondisclosure obligations;
c. engage in conduct, during use of the Website or the Mobile Apps, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous, or invasive of the privacy or publicity rights of others;
d. upload, post, publish, transmit, reproduce or distribute through the Website or through the Mobile Apps any material that contains advertising solicitations, bulk unsolicited emails or spam, chain letters, pyramid opportunities, or offers for the sale of goods or services;
e. upload, post, publish, transmit, reproduce, or distribute through the Website or through the Mobile Apps, or place any links on this Website or within the Mobile Apps to, any material that is vulgar, obscene, profane, hateful, sexually explicit, or otherwise objectionable;
f. alter, interfere, or disrupt the content or functioning of the Website, the Mobile Apps or the Company's service, including but not limited to uploading, posting, or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that damage, interfere with, capture, intercept, or expropriate the Website, the Mobile Apps or any data contained therein; or (ii) disproportionately burdens the operation of the Website or the Mobile Apps;
g. use the Website or the Mobile Apps to gain unauthorized entry or access to User Accounts or other computer systems or networks;
h. "mirror" the Website, the Mobile Apps or any content therein on any other server without the express prior written permission of the Company;
i. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content that you post or otherwise transmit to us or via the Website or via the Mobile Apps;
j. upload, post, publish, transmit, reproduce or distribute through the Website or through the Mobile Apps any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or government order; or
k. download significant amounts of data that will disrupt the operation of the Website or the Mobile Apps.
12. Mobile Activity
14. Disclaimer of Warranties
THE WEBSITE AND THESE SERVICES, AND ALL INFORMATION CONTAINED THEREIN, ARE PROVIDED ON AN "AS IS" BASIS FROM THE COMPANY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE OR THE MOBILE APPS, THE OPERATION OF THE SOFTWARE AVAILABLE ON THE WEBSITE OR THROUGH THE MOBILE APPS, THE TRANSACTIONS PERFORMED ON THE WEBSITE OR THROUGH THE MOBILE APPS, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THE WEBSITE OR WITHIN THE MOBILE APPS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OKLAHOMA NATURAL GAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT (i) THE SERVICES OFFERED ON THE WEBSITE OR THE MOBILE APPS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OFFERED ON THE WEBSITE OR THE MOBILE APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES ON THE WEBSITE OR THE MOBILE APPS WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THE WEBSITE OR WITHIN/THROUGH THE MOBILE APPS IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, MOBILE APPS, OR SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR THROUGH THE WEBSITE OR THROUGH THE MOBILE APPS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. Limitation of Liability
THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST DATA, LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR MOBILE APPS OR ANY OF THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THROUGH THE MOBILE APPS. IN NO EVENT WILL THE LIABILITY OF THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) EXCEED $500, REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY RELATED TO THE USE OF THE WEBSITE OR MOBILE APPS OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN SECTION 13 ("DISCLAIMER OF WARRANTIES") AND THIS SECTION 14 ("LIMITATION OF LIABILITY") MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
17. Governing Law
18. No representation or warranty
The Company cannot guarantee that your use of the Website or the Mobile Apps will be confidential. The Company is not responsible for any harm that you or any person may suffer as a result of a) a disclosure in respect to your use of the Website or the Mobile Apps or b) any information you transmit to or via the Website or the Mobile Apps.
19. No other agreements
20. Normal Website usage
You can visit the Website to review Company information without telling us who you are and without revealing any personal information. The only information we collect and store during normal Website usage is the name of your Internet service provider, the browser (including available plug-ins and browser functionality) and type of machine you are using, the IP address, the website that referred you to us, the pages you request and the date and time of those requests.
We use this information to generate statistics and measure Website activity to improve the usefulness of customer visits. During normal Website usage, we do not collect or store personally identifiable information such as name, mailing address, e-mail address, phone number or social security number.
21. Collection of Personally Identifiable Information
There are instances where the Company requests personally identifiable information to provide the Website visitor a Service, information or correspondence (e.g. customer User Account information, bill pay services, and service requests), or to permit utilization of the Mobile Apps. This information, such as name, mailing address, e-mail address, Social Security number, type of request and possibly additional information, is collected and stored by the Company in a manner appropriate to the nature of the data and is used to fulfill your request. The information you provide is used by the Company to improve the Services we provide you. It is never provided to any other company for that company's independent use. The Company will never sell your personal information to any other company. Also be sure to note other comments regarding use of information on specific pages within the Website. Additional details regarding usage of specific information can be found on the Website or within the Mobile Apps, the terms of which are incorporated herein by this reference. Notwithstanding the foregoing, the Company may share user information from time to time with affiliates and business partners in order to provide consistent Service, support and marketing to its existing and prospective customers.
A. Types of Information Collected
1. Traffic Data. The Company, its affiliates and its agents (including third party service providers) automatically track and collect certain information when you visit our Website and utilize our Mobile Apps, including but not limited to your: (a) IP address; (b) domain server; (c) type of computer; (d) type of web browser, (e) hardware model, unique device identifiers (UDID), mobile network information including phone number, agent version, platform, SDK version, timestamp, API key (identifier for application), application version, model, manufacturer and OS version of device or hardware, session start/stop time, locale, time zone, and network status (including but not limited to Wifi information) (collectively "Traffic Data"). Traffic Data is anonymous information that does not personally identify you but is helpful for marketing purposes or for improving your experience on the Website.
2. Personal Information. Personal information may include (a) Contact Data (such as your name, mailing and e-mail addresses); (b) Financial Data (such as your account or credit card number and Social Security number); and (c) Demographic Data (such as your zip code, age and income) (collectively "Personal Information"). If you communicate with us by e-mail, post messages to chat groups, bulletin boards or forums, if any, on the Website or within the Mobile Apps, or otherwise complete online forms, surveys or contest entries, any information provided in such communication may be collected as Personal Information.
3. Cookies. Like many companies, we may from time to time use "cookie" technology on our Website or within the Mobile Apps. "Cookies" are small text files a website can use to recognize repeat users, facilitate the user's ongoing access to and use of the website, and allow a website to track usage behavior and compile aggregate data that will allow content improvements.
B. Uses of Information Collected
The Company, its affiliates and its agents (including third party service providers) use Contact Data to send you information about the Company or our services, or promotional material from some of our affiliates or partners, or to contact you when necessary. We use your Financial Data to verify your qualifications for certain services and to bill you for services. We use your Demographic Data to customize and tailor your experience on the Website or within the Mobile Apps, displaying content that we think you might be interested in and according to your preferences.
C. Sharing of Personal Information
We share Demographic Data with advertisers and other third parties only on an aggregate basis. Financial Data resulting from credit card or checking account debit transactions will be directed to our vendors for transaction processing.
D. User Choice Regarding Collection, Use and Distribution of Personal Information
You may choose not to provide us with any Personal Information. In such an event, you can still access and use much of the Website; however you will not be able to access and use those portions of the Website or those Mobile Apps that require your Personal Information. If you do not wish to receive information and promotional material from us or from some of our partners, you may email us at email@example.com.
E. Confidentiality and Security of Personal Information
F. User Ability to Access, Update and Correct Personal Information
If at any time you want to know what Personal Information we hold about you or wish to change Personal Information that is inaccurate or out of date, please email us at firstname.lastname@example.org.
G. Other Limits to Your Privacy
The Website and the Mobile Apps contain links to other websites. We are not responsible for the privacy practices or the content of such websites. We may also make chat rooms, forums, message boards, and news groups available to you. Please understand that any information that is disclosed in these areas becomes public information. YOU SHOULD EXERCISE EXTREME CAUTION WHEN DECIDING TO DISCLOSE YOUR PERSONAL INFORMATION IN THESE AREAS.
We use appropriate commercially available anti-virus software in an attempt to ensure that the Website and the Mobile Apps do not contain or carry viruses. However, due to the rapidly developing nature of viruses and the Internet, we strongly recommend that you employ similar anti-virus software when accessing the Website or utilizing the Mobile Apps. We make no warranty that the Website, Mobile Apps or email correspondence are free from such viruses.
I. Privacy Protection for Children Using the Internet and the Children’s Online Privacy Protection Act (“COPPA”)
The Children's Online Privacy Protection Act (“COPPA”) protects the online privacy and personal information of children under thirteen (13) years of age. The Website and the Mobile Apps contain energy-related information that may be of educational interest to children. In compliance with COPPA, we do not promote online to children, and do not intentionally gather or collect or seek to gather or collect any personally identifiable information from children under 13. We do not solicit or collect customer identifiable information targeted at children. We encourage all children and young teens to always seek consent from their parents before providing any information about themselves or their household to ANYONE on the Internet.
25. Updates and Changes/Severability