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National
Fuel Resources, Inc. Web Site
Terms and Conditions
Terms Of Use.
Welcome to the web site of National Fuel Resources, Inc.
(“NFR”) . By using this web
site, you agree to comply with and be bound by the following web site
terms and conditions. Please review these website terms and conditions
fully and carefully. If your use of this web site is subject to the
provisions of an effective service agreement or tariff or applicable
laws, rules or regulations ("Other Provisions"), then these web site
terms and conditions shall apply only to the extent not inconsistent
with Other Provisions. You should visit this web page periodically to
determine the current web site terms and conditions to which you are
bound. If you do not agree with these web site terms and conditions,
you are not granted permission to use the web site and should exit
immediately.
Online Services.
To the extent you use NFR’s online services (including but
not limited to signing up for NFR service), you understand, consent to
and will adhere to these web site terms and conditions as mandated and
conveyed to you by NFR. You further acknowledge that there cannot be a
guarantee that communications or transactions conducted online will be
without error, timely or absolutely secure, and that there may be
system or other failures that may limit your ability to use the online
services as intended or at all. You agree to hold NFR harmless and to
assume all risk and liability arising from your use of NFR’s
online services. NFR reserves the right to accept or deny your request
to participate in any of its online services.
In order to use NFR’s online services you must complete the
enrollment process by providing us with certain information. As part of
this process you agree to furnish NFR with current, accurate and
complete information. You agree to notify NFR immediately of any
changes in such information. By enrolling to use NFR’s online
services you authorize us to follow any instructions we receive through
our online systems with respect to your account and/or information..
You agree to notify NFR immediately upon your discovery of any
unauthorized use of your account and any other breach of security. NFR
will not be responsible for any loss you or anyone else may incur as a
result of any information or NFR account with or without your
permission.
When you click on the "I Agree" button located at the end of
these web site terms and conditions you indicate your understanding of
and agreement with these web site terms and conditions and a binding
agreement has been created between you and NFR with respect to such
website terms and conditions and all documents incorporated by
reference therein. NFR reserves the right to modify the web site terms
and conditions and other language on its web site, at any time. Your
continued use of these services and NFR’s web site
constitutes your agreement to all such terms, conditions and language.
Copyright And
Trademark Notice. The contents of this web site,
including text, images, logos, organization, graphics, photos, design,
compilation and icons, are protected under applicable copyright,
trademark and intellectual property law. "NFR" and the "NFR" logo are
trademarks and service marks of NFR. Unauthorized use is strictly
prohibited. All other trademarks, service marks and logos used in this
web site are the trademarks, service marks or logos of their respective
owners. All pages within this web site are the property of NFR. You are
not granted license under any copyright, trademark, service mark,
patent or other intellectual property or proprietary right in the
content of this web site. Downloads, copies or mirrors of this web site
are forbidden without prior consent from NFR. Under no circumstances
will you obtain any rights in the products, services, processes or
technology described in the content of the site. All those rights are
retained by NFR and any third party owners of those rights.
Privacy Policy.
NFR has a Privacy Policy disclosing the information we collect about
visitors to our site, how we use such information and the steps we take
to secure and maintain the confidentiality of that information. You
should read the Privacy Policy carefully, and you should visit this web page
periodically to determine the current privacy policy to which you are
bound. The Privacy Policy is incorporated in these terms and conditions
by reference, as if set forth fully herein.
Warranty
Disclaimer.
THIS WEB SITE, THE INFORMATION, MATERIALS AND SERVICES ON THE SITE, AND
THE SOFTWARE MADE AVAILABLE ON THE WEB SITE ARE PROVIDED BY NFR ON AN
"AS IS" AND "AS AVAILABLE" BASIS. NFR IS NOT RESPONSIBLE FOR THE
CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN, LINKED TO OR
SUBMITTED TO THE WEB SITE, AND THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU. NFR EXPRESSLY DISCLAIMS WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE
INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED OR REFERRED TO ON
THIS WEB SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY,
ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR OPERABILITY. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS ENTIRELY AT YOUR OWN
RISK AND RESPONSIBILITY.
THE INFORMATION AND SERVICES ON THIS WEB SITE MAY CONTAIN BUGS,
INACCURACIES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NFR DOES NOT
WARRANT THAT THIS WEB SITE, ITS SERVERS OR E-MAIL SENT FROM NFR ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION,
ORAL OR WRITTEN, OBTAINED BY YOU FROM USE OF THIS SITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT.
Limitation On
Liability. NFR HAS NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES ON
THIS WEB SITE. NFR IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION OR THE LIKE) THAT MAY RESULT FROM USE OF, ACCESS
TO, OR INABILITY TO USE THIS WEB SITE. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THIS WEB SITE IS TO STOP USING THIS WEB SITE
AND/OR SITE-RELATED SERVICES.
Information on this web site is current only at the time it is posted
and any information presented on this web site may be out of date. NFR
disclaims any duty to update the information on this web site. NFR
further disclaims any and all responsibility or liability for the
accuracy, content, completeness, legality, reliability, operability or
availability of services, information or material included on the NFR
web site. NFR is not responsible for technical, hardware or software
failure of any kind in relation to use of our web site. Content on this
web site may include inaccuracies or errors, and NFR is not responsible
for any reliance you may place on that content. Any claim or cause of
action brought by you against NFR must be instituted within one year
after the claim or cause of action arises or be deemed forever waived
and barred.
Third Party Links.
This site may, from time to time, contain links to third party web
sites for the convenience of users in locating information and services
that may be of interest. NFR is not responsible for the content,
products, services, policies or opinions expressed or referenced in
such web sites, and such web sites are not monitored, investigated or
checked for completeness or accuracy by NFR. NFR does not endorse,
approve, recommend or sponsor any of the information, products or
services contained on the linked web sites. NFR is not liable, directly
or indirectly, for any damage whatsoever caused by or in connection
with the use of or reliance on any content, products, or services
available on the linked web sites. When you click on the links to third
party web sites you are leaving the NFR web site and accessing these
third party web sites at your own risk. To the extent that third party
web sites link to NFR’s web site, permission to do so must be
obtained from NFR prior to establishment of the link. NFR does not
monitor or control the content of any web sites linked to our web site
and, therefore, we are not responsible for the products, services or
content of any web site linked to our site or the terms of use or
privacy practices employed by those other sites.
Modifications And
Termination. NFR at its discretion may modify,
terminate, remove or discard any content within this web site or the
web site as a whole without notice unless prohibited by applicable law,
rule, regulation or tariff provision. NFR reserves the right to
terminate your access to the web site in the event that you violate
these web site terms and conditions, or for any reason whatever.
Indemnification.
You agree to defend, indemnify and hold harmless NFR, and all of its
respective directors, officers, employees, representatives,
shareholders, agents, predecessors, successors, and assigns from and
against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs and expenses (including attorneys’
fees and litigation expenses) relating to or arising from your use of
this web site and any breach by you of these web site terms and
conditions.
Governing Law And
Jurisdiction. These web site
terms and conditions are governed by and construed in accordance with
the laws of the State of New York, exclusive of its choice of law
rules. By accessing, viewing or using the material on this web site you
consent to the exclusive jurisdiction of the federal and state courts
sitting in the County of Erie in the State of New York, agree to accept
service of process by mail, and waive any jurisdictional, venue or
inconvenient forum objections to such courts. This web site is
controlled and operated by NFR from its offices within the United
States. NFR makes no representation that materials in the web site are
appropriate or available for use in other locations, and access to them
from territories where their contents are illegal is prohibited. Those
who choose to access this web site from other locations do so on their
own volition and are responsible for compliance with applicable local
laws.
Prior Or
Contemporaneous Terms And Conditions.
These web site terms and conditions are the only terms and conditions
between NFR and you related to use of this web site, and supersede all
prior or contemporaneous agreements, representations, warranties and
understandings with respect to this web site. To the extent that
anything in or associated with the web site is in conflict or
inconsistent with these web site terms and conditions, these web site
terms and conditions shall take precedence.
Severability.
In the event that any of the web site terms and conditions are held by
a court or other tribunal of competent jurisdiction to be
unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary so that the remaining terms and conditions
remain in full force and effect.
Assignment.
You may not assign this web site agreement to any other party without
NFR’s prior, written permission.
No
Waiver.
NFR shall not be deemed to have waived any of its rights or remedies
hereunder unless such waiver is in writing and signed by a duly
authorized representative of NFR. No delay or omission by NFR in
exercising any rights or remedies shall operate as a waiver of such
rights or remedies or any other rights or remedies. A waiver on any one
occasion shall not be construed as a bar or waiver of any rights or
remedies on future occasions.
Captions.
The captions or headings of sections in
these web site terms and conditions are for convenience only and shall
not control or affect the meaning or construction of any of the
provisions of this agreement.
Additional
Questions. If you have any
questions or comments regarding these web site terms and conditions
please contact us at www.nfrinc.com/contact/
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