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Copyright & Intellectual PropertiesPLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. Your use of the Laclede Gas Company (.Laclede Gas.) website (.Website.) is expressly conditioned on your acceptance of the following terms and conditions. By using the Website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use the Website.
1. OWNERSHIP. Except for items in the public domain, the information and all other materials comprising the Website (collectively, the .Materials.), are wholly owned by (or licensed to) Laclede Gas. The Website contains copyrighted material, trademarks, and other proprietary information. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Materials without the written permission of Laclede Gas.
2. USE OF WEBSITE. Except for your non-commercial personal use, the Website may not, in whole or in part, be sold, reproduced, published or redistributed in any medium, directly or indirectly, or any commercial or non-commercial purpose. Unauthorized use of the Website and/or the Materials may violate applicable intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic 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.
4. NO WARRANTIES. Your use of the Website is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files, data or other material (including software) obtained through the Website. Neither Laclede Gas nor its affiliates can guarantee the accuracy, truthfulness or reliability of any information provided on or by means of the Website.
THE WEBSITE AND THE CONTENT PROVIDED THEREON IS PROVIDED .AS IS,. AND NEITHER LACLEDE GAS NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or written information given to you by Laclede Gas or its affiliates shall create any warranty. Laclede Gas does not warrant that access to, or use of, the Website will be uninterrupted, virus free, or error-free, or that the Website (including, without limitation, any content on the Website) will meet any particular criteria of performance or quality. LACLEDE GAS, ON BEHALF OF ITSELF AND ITS AFFILIATES, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTAT IONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, RELIABLITILY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT LACLEDE GAS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE WEBISTE. FURTHERMORE, LACLEDE GAS, ON BEHALF OF ITSELF AND ITS AFFILIATES, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE WEBSITE.
5. LIMITATION OF LIABILITY. Laclede Gas and its affiliates in each instance will not be liable for: (a) any direct, indirect, incidental, consequential and/or special damages arising out of your use of, or inability to use, the Website, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Laclede Gas has been advised of the possibility of such damages; (b) damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any file, in each instance whether for breach of contract, tortious behavior, negligence, or under any other cause of action; and/or (c) the defamatory, offensive or illegal conduct of other users of the Internet.
The provisions of this Section 5 and Section 4 above represent a reasonable allocation of the risks under this Agreement. Laclede Gas. willingness to allow you to use the Website reflects this allocation of risk and the limitation so liability specified herein.
6. INDEMNIFICATION. You agree to indemnify Laclede Gas and its affiliates, in each instance from and against any and all claims, suits, liabilities, expenses (including, without limitation, attorneys. fees), and/or damages arising out of claims based upon your use of the Website including, without limitation, any claim of libel, defamation, violation of legal rights of others (including rights of privacy or publicity), loss of service by other subscribers and/or infringement of intellectual property or other rights.
7. LINKS. The Website may contain links to websites operated by parties other than Laclede Gas. Such links are provided for your reference only. Laclede Gas does not control such websites and is not responsible for their contents. Laclede Gas makes no representation or warranty regarding any other websites or the contents or materials on such websites. The Website.s inclusion of links to other websites does not imply Laclede Gas. endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.
8. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the state of Missouri, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in St. Louis County, the state of Missouri, United States of America, in all questions and controversies arising out of your use of this Website and this Agreement.
9. NO WAIVER. The failure of Laclede Gas to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Laclede Gas nor the trade practice shall modify any provision of these Terms and Conditions.
10. MODIFICATION. Laclede Gas may at any time modify these terms and conditions and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use.
11. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.