Last updated August 1, 2015
The following terms and conditions govern the use by anyone or entity of this website (this “Site”). By using this Site in any way, you agree to comply with these terms and conditions. “PNY” means Piedmont Natural Gas Company, Inc. and its subsidiaries, divisions and affiliates. PNY may change these terms and conditions at any time without notice. Your continued use of this Site after any changes in these terms and conditions constitute your agreement to comply with those terms and conditions. PNY reserves the right to modify or discontinue this Site at any time.
1. The trademarks, service marks and logos contained on this Site are the registered or common law marks of PNY or third parties. No right or license is granted, by implication, estoppel or otherwise, to use any copyright, trademark, service mark or logo displayed on this Site or any other intellectual property rights of PNY or any third party.
2. All pages and content within this Site, including but not limited to, all text, information, data, photographs, code, video files, audio files, or logos posted within this Site (collectively the “Content”) are the intellectual property of PNY or its licensors. The Content is protected by applicable copyright law. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit any Content in any manner without the express written consent of PNY.
3. The information and Content on this Site may be changed by PNY without notice. PNY may change or withdraw any products or services described at any time without notice, subject to regulatory approval as required.
4. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS”. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PNY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OPERABILITY, RELIABILITY PERFORMANCE AND FREEDOM FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
PNY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, THE FUNCTIONALITY OR AVAILABILITY OF THE SITE AND/OR CONTENT OR INFORMATION CONTAINED WITHIN, OR ACCESSED FROM, THE SITE, EVEN IF PNY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER CLAIMS ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
ALTHOUGH PNY ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE SITE AND THE CONTENT, IT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE OR THE CONTENT. IT IS POSSIBLE THAT THE SITE AND THE CONTENT COULD INCLUDE INACCURACIES OR ERRORS, AND THAT UNAUTHORIZED ADDITIONS, DELETIONS AND ALTERATIONS COULD BE MADE TO THE SITE AND THE CONTENT BY THIRD PARTIES. IN THE EVENT THAT AN INACCURACY ARISES, PLEASE INFORM PNY SO THAT IT CAN BE CORRECTED. PNY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE.
5. You acknowledge and agree that any information or material submitted to PNY in connection with this Site is provided on a non-confidential and non-proprietary basis. With respect to any information or materials that you provide through or in connection with this Site, you acknowledge that you have the full right and ability to provide such materials and information to PNY. You hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, unrestricted right and license to: (a) use, copy, reproduce, distribute, transmit, display, modify or create derivative works of any information, materials, ideas, concepts, techniques or know-how that you submit to us through or in connection with this Site and (b) sublicense the foregoing rights in whole or in part to third parties. You further agree that you shall not provide us with any information or materials that infringe or misappropriate the intellectual property rights or other rights of any other party.
6. Any non-PNY web site accessed through this Site is independent from PNY. PNY has no control over such independent sites and is not responsible for the availability, content or use of those sites, including any link contained in those sites or any changes or updates to those sites. PNY makes no representations whatsoever about any other site you may access through this Site. Reference by PNY to another site does not mean PNY endorses or accepts responsibility for the content or use of that independent site or has any association with it or its operators.
7. You acknowledge that PNY is not responsible or liable if data, including e-mail and electronic communications, is accessed by unauthorized third parties when communicated between you and PNY, using the Internet, other network communications facilities, telephone or any other electronic means. You acknowledge and agree that you are responsible for the security of your applications, networks, computers, tablets or other devices, and any email or other communication accounts used by you, to communicate with PNY, and PNY has no responsibility or liability for the security of such applications, networks, computers, tablets, other devices or accounts, or any viruses, malware or harmful code introduced into, or unauthorized third party intrusions of, the foregoing.
9. If any provision(s) contained in these terms and conditions are found to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the invalid or unenforceable provision(s) shall be deemed modified so that they are valid and enforceable to the maximum extent permitted by law.
10. You agree to indemnify and hold PNY harmless against any and all claims, suits, proceedings, losses and damages (including, but not limited to, reasonable attorneys’ fees) in connection with your violation of any applicable law, these terms and conditions or any other rights of PNY or a third party in connection with your access to and use of this Site. At your cost, PNY reserves the right to assume the exclusive defense of indemnifiable claims, suits, or proceedings asserted against it.
11. This Site contains forward-looking statements. These statements are based on management’s current expectations and information currently available and are believed to be reasonable and are made in good faith. However, the forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those projected in the statements. Factors that may make the actual results differ from anticipated results include, but are not limited to, regulatory issues; economic conditions; competition from other providers of similar products; and other uncertainties, all of which are difficult to predict and some of which are beyond our control. For these reasons, you should not rely on these forward-looking statements when making investment decisions. The words “expect,” “believe,” “project,” “anticipate,” “intend,” “should,” “could,” and variations of such words and similar expressions, are intended to identify forward-looking statements. We do not undertake any obligation to update publicly any forward-looking statement, either as a result of new information, future events or otherwise. Furthermore, this Site does not constitute an offer to sell or solicitation of an offer to buy securities.
12. You agree that these terms and conditions and your use of this Site are governed by the laws of the State of North Carolina. You hereby consent to the exclusive jurisdiction of the federal and state courts located in Charlotte, North Carolina for any claim or dispute arising from these terms and conditions or the use of this Site. You are responsible for compliance with all applicable laws.
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