Terms of Use

TERMS OF USE OF GAS SOUTH, LLC WEB SITE

Introduction

These Terms of Use apply to the Gas South, LLC (hereinafter referred to as “GS”) Web site (hereinafter referred to as “Web site”) located at www.gassouth.com. This Web site is the property of GS and its licensors. By using this Web site, you acknowledge that you have read the following Terms of Use and that you accept and will be bound by them. If you do not agree to these Terms of Use, do not use or access this Web site. Any use of the Web site is at the sole risk of the user. GS reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time to be effective immediately upon posting. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of this Web site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, GS grants you a personal, non-exclusive, limited privilege to enter and use this Web site and to view the information (and incidentally create an electronic copy of the information) available from this Web site for informational purposes only.

Information Copyright by GS

All products, services, programs, technology, symbols, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code – including, but not limited to, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such content – contained on this Web site is owned, controlled, or licensed by or to GS and is protected by trade name, service mark, tag line, database rights, trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided in these Terms of Use, no part of this Web site and no content, materials, or other information on this Web site may be copied, reproduced, modified, republished, uploaded, downloaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, web site, or other medium for publication or distribution, or for any business enterprise without GS’s express prior written consent. The posting of information or other materials or content on this Web site does not constitute a waiver of any proprietary right in such information, materials, or content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the Web site or to any other third party, except as expressly provided herein.

Disclaimer of Warranties

The information available from or provided on this Web site is provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

GS MAKES NO REPRESENTATION AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE WEB SITE MATERIALS AND CONTENT, OR IN THIRD PARTY SITES LINKED TO OR FROM THIS SITE, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. GS PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE TERMS OF USE OF THE WEB SITE, WITHOUT NOTICE. FURTHER, GS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE. GS SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE. REFERENCE TO GS AND ITS SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL GS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE INFORMATION ON THIS WEB SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, LOSS OF GOODWILL, LOST SAVINGS, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS, OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, HOWEVER ARISING, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION IN ANY WAY WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE INFORMATION OR SERVICES PROVIDED ON THIS WEB SITE) OR ANY WEB SITE RELATED TO ANY THIRD PARTY, OR USERS’ INABILITY TO USE THE INFORMATION OR MATERIALS CONTAINED ON THE WEB SITE (OR ANY OTHER WEB SITE). IN NO EVENT SHALL GS’S LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO GS FOR ACCESSING THE WEB SITE. THE USER SHOULD CONSULT HIS OR HER OWN LEGAL ADVISORS REGARDING THE APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY. DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS WITHIN THE GS WEB SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. GS MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. GS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FREEDOM FROM COMPUTER VIRUSES.

Operation of Website

GS reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to this Web site, or any portion of this Web site, for any reason; (ii) modify or change this Web site, or any portion of this Web site, and any applicable policies or terms; and (iii) interrupt the operation of this Web site, or any portion of this Web site, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.

Indemnification by User

USER AGREES TO INDEMNIFY, DEFEND, COVENANT NOT TO SUE, AND HOLD GS, ITS OFFICERS, MEMBERS, MANAGEMENT COMMITTEE MEMBERS, OWNERS, AFFILIATES, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY LIABILITY, LOSS, PENALTY, FINE, CLAIM, AND EXPENSE, INCLUDING ATTORNEYS’ FEES AND COSTS OF COURT, RELATED TO A USER’S VIOLATION OF THESE TERMS OF USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED ON THIS WEB SITE.

Typographical Errors

This Web site could include technical inaccuracies or typographical errors. GS shall have no liability in connection with any such inaccuracies or errors, nor shall GS have any obligation to identify and/or correct any such inaccuracies or errors. In the event a product or service is listed at an incorrect price due to typographical errors or errors in pricing information, GS has the right to correct such errors before fulfilling any orders placed for products and/or services listed at the incorrect price.

Viruses

All responsibility or liability for any damages caused by viruses contained within the electronic files or on this Web site is disclaimed.

Links to Other Web Sites

This Web site may contain links to other web sites. GS is not responsible for the content, reliability, accuracy, or opinions expressed in such web sites, and such web sites are not investigated, monitored, or checked for accuracy or completeness by GS. Inclusion of any linked web site does not imply approval, endorsement, affiliation, sponsorship, or authorization of the linked web site or any products or services available thereon by GS. GS expressly disclaims any liability for any errors in or omission from information, content, and functions included in this Web site or any third party sites linked to this Web site. Connection to any such linked site is at the user’s own risk.

No Affiliate Liability

No affiliate of GS shall have any liability whatsoever for GS’s performance, nonperformance, or delay in performance related to the Web site.

Disclaimer of Sales Information

This Web site may contain offers for sale of merchandise or services. Such merchandise and services may be obtained only by linking to the applicable merchant’s web site in order to make the transaction. Terms of the offer shown on this Web site, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant’s web site. Differences in the terms of an offer between this Web site and a merchant’s web site will be governed by the terms shown on the merchant’s site. GS is not responsible or liable for any such differences or discrepancies.

Accounts, Passwords, and Security

Certain features or services offered on or through this Web site may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify GS immediately of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by GS or any other user of or visitor to this Web site due to someone else using your account, login ID, or password. You may not use anyone else’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. GS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

GS’s Privacy Policy applies to the use of this Web site, and its terms are made a part of these Terms of Use by this reference. To view GS’s Privacy Policy, please click here. Additionally, by using this Web site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information that you send to the Web site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

General

These Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Georgia without regard to conflict of law principles, and users agree that all legal proceedings related to the matters herein shall be adjudicated solely in the courts of Cobb County, Georgia, United States of America. Users consent to extraterritorial service of process and submit to the personal jurisdiction and venue of said courts. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be severable or modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by GS shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. User may not assign your rights or obligations under these Terms of Use to any other party.

Electronic Signature

Gas South offers the option for some types of Customers to execute a Natural Gas Supply Agreement ("Agreement") electronically by completing the procedures specified on this website which shall constitute the final Agreement of Gas South and the Customer and is conclusive proof of such Agreement. Customer's electronic completion of enrollment through this website, including by means of "clicks", shall be deemed in "writing", and the Customer shall be deemed to have "signed" and be bound to the terms of such Agreement to the same extent and with the same effect as if the Customer had signed the Agreement manually. Customer acknowledges the choice to sign an Agreement manually, which he/she waives by signing electronically. Customer will not contest the legally binding nature, validity or enforceability of such Agreement based on the fact that it was entered electronically and expressly waives any and all rights it may have to assert any such claim. The individual completing the procedures electronically is authorized to legally bind the Customer to this Agreement. Printed and electronic copies of this transaction shall be deemed established and maintained in the normal course of business and may be introduced in evidence in any legal proceeding as original evidence to the same extent and under the same conditions as other business records originated and maintained in documentary form, and neither Party may contest their admissibility on the basis that they were not originated and maintained in documentary form.

Electronic Bill Payment Service

You may use the electronic bill payment service (“EPB Service”) via Website access or mobile application to make a one-time payment, or via Website access to make automatic recurring payments (“Autopay”). Payments will be made by either electronic funds transfers made directly from your bank account or through use of your debit card (each an electronic funds transfer) or by charging your credit card account. By using the EBP Service for a one-time payment of a billing statement, you authorize Gas South to obtain payment in the amount due for such billing statement from your designated bank or credit card account. By using the EBP Service for AutoPay, you authorize Gas South to obtain payment in the amount of the total due for each monthly billing statement from your designated bank or credit card account on a recurring basis until you terminate the authorization. The amount shown as due on your monthly bill will constitute notice to you of any variance in amount from the bill payment amount paid the previous month.

Timely payment of your Gas South billing statement at all times remains your sole responsibility. If an electronic funds transfer or charge to your credit card is rejected, or for any other reasons not completed, and Gas South does not receive payment in full by the due date, you remain fully responsible not only for the amount of the bill, but for any late fees and other charges. You agree that all payment account (e.g. account number) and/or payment card information (e.g. debit or credit card) information is complete and accurate and that you have full authority to authorize payment of your billing statements by use of such account/payment card.

You may terminate your participation in the EBP Service or AutoPay program at any time by either logging into your online account and cancelling your participation or by calling Gas South at 877-472-4932. To cancel your next payment, we must receive notification from you in time to cancel the transaction. For credit card payments or payments made directly from your bank account, you must tell us at least three (3) days prior to the payment date. Gas South reserves the right to restrict, suspend, or terminate your use of the EBP Service at any time for any reason or no reason.

Contact Us

User may contact Gas South, LLC as follows:

Gas South, LLC

PO Box 723728

Atlanta, GA 31139

1-866-762-6427 (toll-free); CustomerService@gassouth.com