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Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE
TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT ALL OF THESE TERMS OF USE, DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT
THESE TERMS OF USE, PLEASE CONTACT CUSTOMER SERVICES.
This Agreement is between you, the user of the Services.Unitil.com Web Site, and
Unitil (the "Company"), for the use of all, or part of the Company's products and/or services and/or software and/or the
Company's Internet web site (collectively, "the Services"). This Agreement sets forth the terms and conditions governing
your use of this Web Site, currently located at Services.Unitil.com (this "Site"), and your use of the Services, and is
in addition to any executed and delivered agreements by and between you and the Company ("Other Agreements"). To the extent
any conflict should exist between any of the specific terms or provisions of any Other Agreements and these Terms of Use,
the terms and provisions of such Other Agreements shall be controlling unless stated otherwise therein. This Agreement also
incorporates by reference any other terms relevant to this Site, including the Company's Privacy Policy.
The Content on this Site
The Company is providing the links and information on this Site as a convenience to you and is not responsible for the accuracy
or content of any such information or linked web sites. You acknowledge that the Company is not responsible for the availability
of, or the content located on or through, any external site, and that your reliance upon information contained on this Site or
on the linking to or content of any external site is at your own risk. The Company explicitly disclaims any responsibility for
the accuracy, content or availability of information found on any sites that link to or from this Site.
The Company, in its sole discretion, may add, delete or change some or all of the features of this Site at any time with or
without notice. The Company also reserves the right at any time and from time to time to modify or discontinue, temporarily or
permanently, the Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the Services.
Products and Services Offered by and Links to Other Businesses
The Site provides links to other web sites. In addition, businesses other than the Company provide services or sell products
on the Site. Because the Company cannot control such other sites and businesses, you agree that the Company is not responsible
for and does not endorse any content or products offered by such other sites and businesses. You should review the privacy
policies and terms of use for the other sites and businesses you access via the Company's Site.
Product Descriptions
The Company tries to be as accurate as possible when describing products offered by the Company itself. However, the Company
does not guarantee that such product descriptions are accurate, complete, reliable or up-to-date. [If you are not satisfied
with a product you received from the Company itself you may return it, unused, to us for a refund].
Risk of Loss
For all items purchased directly from the Company, the risk of loss and title for such items pass to you once the Company
delivers such items to the carrier.
Advertisers
Your interactions with advertisers found on the Site are solely between you and such advertisers. You agree that the Company
does not assume any responsibility or liability for any loss or damage incurred as a result of any such advertisers.
Comments, Suggestions and Other Content
You may post comments, suggestions and other content as long as the content is not illegal, obscene, threatening or objectionable
and does not consist of or contain software viruses, chain letters or mass mailings. You may not use a false identity or e-mail
address or otherwise mislead as to the origin of your comments, suggestions or other content. The Company may (but is not obligated to)
remove or edit such content, but does not regularly review posted content. If you do post content, you grant the Company a nonexclusive,
royalty-free, irrevocable and licensable right to use, publish, distribute and display such content throughout the world in any media.
The Company is neither responsible nor liable for any content posted by you or any third party.
Conduct as a User
The content provided on this Site is being provided to you in connection with the Company's provision of the Services and in
consideration of your agreement to these Terms of Use. You agree not to modify, reproduce, retransmit, distribute, disseminate,
sell, publish, broadcast, perform or circulate any material set forth or located on this Site without the prior written permission
of the Company or the appropriate licensor. You further agree that you may not sell, offer for a price, rent, lease or lend the
Services or any part thereof.
User Eligibility
The Company's services are available only to individuals or businesses who can form legally binding contracts under applicable law. If
you do not qualify, you may not use the Company's services.
Your Information
"Your Information" includes any information you provide to us, including but not limited to, any information you provide (i) during your
enrollment with this Site and/or (ii) through any email feature.
Subject to the Privacy Policy, by posting Your Information on or through this Site, you automatically grant the Company a royalty-free,
perpetual, irrevocable, non-exclusive license to use, reproduce, modify, transmit, translate, distribute, perform and display Your
Information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense
such rights to others.
Privacy Policy
Company will only use and disclose Your Information in accordance with its then-current Privacy Policy, available on this Site.
Intellectual Property
The materials, data and other information, including all trademarks, service marks and trade names, used or displayed on this Site
("Intellectual Property) are the property of the Company or the licensors of such Intellectual Property and are protected by applicable
copyright, trademark and other laws. This Agreement does not grant you any rights in connection with any current or future Intellectual
Property owned by the Company or such licensors.
System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or with any
transaction conducted on this Site. You may not take any action which imposes or places an unreasonable or disproportionately large load
on the Company's infrastructure. You may not disclose or share your password with any third party or use your password for any unauthorized
purpose and are fully responsible for all activities that occur under your password or account. You agree to notify the Company immediately
of any unauthorized use of your password or account or any other security breach.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor, deep link with or copy the
Company's web pages or the content contained herein without the Company's prior written consent.
No Warranty
THE SERVICES AND THE INFORMATION, PRODUCTS AND MATERIALS CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, GRAPHICS AND LINKS,
ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO
THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH
RESPECT TO THE SERVICES AND ANY SUCH INFORMATION, PRODUCTS AND MATERIALS, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, AND IMPLIED WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE.
THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE USE OF, OR ACCESS TO, THE SITE OR THE SERVICES. OPERATION OF THIS SITE
MAY BE INTERFERED WITH BY NUMEROUS FACTORS, INCLUDING BUT NOT LIMITED TO TELECOMMUNICATIONS NETWORK DISRUPTIONS. THE COMPANY DOES NOT GUARANTEE
THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION ON, OR ACCESSIBLE VIA, THIS SITE OR THE RESULTS OF YOUR USE OF THIS SITE.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE, THE INABILITY TO USE, OR THE PERFORMANCE OF THE
SERVICES AND/OR PROVISION OF ANY INFORMATION, PRODUCTS, MATERIALS OR LINKS AVAILABLE ON, OR ACCESSIBLE VIA, THIS SITE, EVEN IF THE COMPANY OR
AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Indemnity
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents and employees, harmless from and
against any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement
or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Termination
The Company reserves the right to terminate your access to this Site for any reason or for no reason. You agree that any termination of your access
to this Site may occur without prior notice to you. You also agree that the Company will not be liable to you or any other party for any such termination.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site.
Notices
Any notices you provide under this Agreement to the Company shall be made via our on-line contact form.
Notices to you from the Company may be made via either email or regular mail. The Company may also provide notices of changes to the Terms of Use or
other matters by displaying notices or links to notices to you generally on the Site.
Applicable Law
This Site is controlled by the Company from its offices within the State of New Hampshire, USA. The laws applicable to the interpretation of these
Terms of Use and to any dispute of any sort that may arise between you and the Company shall be the laws of the State of New Hampshire, USA, and
applicable federal law, without regard to any conflict of law provisions. If any provision of this Agreement is held to be invalid or unenforceable
by any court or tribunal of competent jurisdiction, the remainder of this Agreement will not be affected thereby, and such provision will be carried
out as nearly as possible according to its original terms and intent to eliminate such invalidity or unenforceability.
The Company makes no representation that the content on this Site is appropriate for access outside of the United States. Those who choose to access
this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.
By using this Site, you agree to the submission of any dispute arising out of or relating to this Agreement or the Company's services to the state
and federal courts of the State of New Hampshire, USA.
General Information
The Company may amend these Terms of Use at any time by posting the amended terms on this Site. This Agreement may not be otherwise amended except
in writing signed by you and the Company. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual
effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the
Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
In addition to these Terms of Use, you also may be subject to additional terms and conditions that may apply when you use affiliate services,
third-party content or third-party software.
This Agreement was last revised on July 3, 2001. |
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