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This Website Privacy Policy (“Policy”) describes the information American Power & Gas® will collect in order to offer services to residential, commercial, governmental and institutional users of energy, as well as to accommodate your publication(s) and other information requests on our website or collected through one of our company pages, social media campaign forms etc. The personal information collected can be used by American Power & Gas® or any of it’s affiliates to contact you by phone or email.
This Privacy Policy covers any personal information that American Power & Gas® obtains from you when you use services or features of American Power & Gas® when visiting any of the websites we own and control, such as AmericanPowerandGas.com, greeneffect.me, and greenenergyblogger.com (the “Sites”), and when applying for the Green Effect Campaign program or use of marketing tools and materials available in the green effect resources page.
American Power & Gas® collects contact information and process enrollments through special promotions when available (listed on our site or other websites) and campaigns with affiliate partners and non-profit organizations. Contact information obtained through these special promotions can be used and shared by both American Power & Gas® and the affiliate/non-profit organization. Rewards/donations are provided after enrolling in select plans. Void where prohibited. We limit one (1) Gift card/Donation per verified enrollment in select plans. American Power & Gas® and it’s partners each reserve the right to extend, modify or discontinue any offer at any time without notice.
We may add additional Sites from time to time as we expand our energy products and service offerings and this policy will govern those new Sites when added.
You may be accessing our Sites from a computer or mobile device (through an iPhone or iPad application, for example) and this policy governs your use of our Sites regardless of the means of access.
We also like to interact with you on third party sites where we post content or invite your feedback, such as the American Power & Gas® profiles on Facebook, Twitter, Pinterest, Google Plus, and YouTube (“Third Party Sites”). Except as otherwise described below, this policy does not cover the privacy practices of those Third Party Sites, or of companies that American Power & Gas® does not own or control, or the actions of people that American Power & Gas® does not employ or manage.
You should check the privacy policies of those third parties when providing personally identifiable information.
Our Privacy Policy may change in the future. We invite you to check back periodically to see if we have made any changes.
By using the Sites or enrolling for the marketing program on GE (Green Effect), you agree to the terms of our Privacy Policy. If you do not like the terms of our Privacy Policy, you should not use our Sites or apply for the GE Marketing Program. For more information about the terms of use for this site, please visit our Terms of Use page.
Essential information is recorded about user activity and interactions with this website for the purposes of security and site optimization analytics. This limited first-party data may be further enhanced with the help of third-party data sources to help facilitate visitor segmentation and re-engagement through verified marketing channels, within the respective boundaries of applicable legal standards.
Depending on how you interact with AmericanPowerandGas.com or greeneffect.me or other American Power & Gas® websites, we may ask you to share personal information with us. Whether you choose to give American Power & Gas® information is completely up to you, but keep in mind that if you withhold information, you may not be able to use some of our services and promotions.
We collect, retain, and use personally identifiable information about you when we reasonably believe that it will help us in the conduct of our business or our provision of products, services, and other opportunities to you.
We collect personally identifiable information voluntarily provided by you, such as when you sign up for one of our products, request further information, or send us an email. This information may include your name, postal/service address, social security number, telephone number, email address, account number, credit card number or bank account information, as well as the content of your request. We use this information to respond to your request, to provide products and services to you, and to contact you about other products, services or events that we promote ourselves or together with others and that might be of interest to you.
American Power & Gas® will ask you for information, including some personal information if you use one of several services:
In order to become a registered user, you need to share some personal information, such as your name and email address, and more. You do not have to be a registered user to visit the Sites. But, you will have to register, for example, if you want to become a partner, be included in the Green Effect Partners page and / or make full use of our marketing tools and materials. Once you register, you will have an account and a password to access the resources page. You may never use another person’s account without permission and you may not use anyone else’s password. You should keep your registration current and complete. You are responsible for maintaining the confidentiality of your account and password. We recommend that you always log out from your account at the end of a session with us to prevent other people from accessing your account without your permission.
When you enroll in AmericanPowerandGas.com energy programs you have to supply all the required information, which may include a billing address, phone number, shipping address, and credit card information.
By making a purchase, you become a registered user of AmericanPowerandGas.com. You can choose to store information needed to make a purchase, such as your credit card number, shipping and billing addresses in the “My Account” page, when available. If you change your mind about storing this information, you can amend or delete it by going to the relevant area of the “My Account” page and following the instructions. You can access this section using your registration password.
Applying for Green Effect (GE) Membership or Other Future Social Programs that American Power & Gas® will launch You can apply for GE Membership at AmericanPowerandgas.com/greeneffect or greeneffect.me when available. To apply for GE Membership, we ask you to share some personal information that might include your name, birthday, phone number, mailing address, and email address.
Once you have GE Membership, you will have an account with American Power & Gas® tied to the email address provided upon application. You can amend your information by (i) calling our Customer Service,(ii) signing in to greeneffect.me using the email address you provided upon application, going to the My Account page and following the instructions. You may never use another person’s account without permission and you may not use anyone else’s password. You should keep your GE Membership current and complete. You are responsible for maintaining the confidentiality of your account and password. Please also let us know if there is any unauthorized use of your account or password. We recommend that you always log out from your account at the end of a session with us to prevent other people from accessing your account without your permission.
If you enter a sweepstakes or contest, or answer a survey, you will become a registered user (if you aren’t one already). We may also ask you for some demographic information, such as your age. If you choose not to answer, you probably will not be able to participate in the sweepstakes, contest or survey.
We have a number of ways to hear your opinions and feedback. We like to answer your questions. We will offer several interactive services, including Energy Talk, Ratings & Reviews and Question & Answer services. We may offer even more interactive services in the future and this Privacy Policy will govern your use of those services. If you want to use any of these interactive services, you will become a registered user (if you aren’t already one) and any personal information you submit will become part of your profile, as maintained by American Power & Gas®. Please review our terms of use for the Sites because they explain the way you can participate in our interactive services in more detail.
When you use the Ratings & Reviews or the Question & Answer services you will become a registered user (if you aren’t already one) and any personal information you submit will become part of your profile, as maintained by American Power & Gas®.
If you are not already registered and you send an email to our Gift or Energy Adviser, we will create a registration profile for you. This will make you a registered user. We may also collect information about emails that you send to our advisers. We use this information for service, product and site analysis only.
If a product that you want to purchase at AmericanPowerandGas.com (or on other sites we own or control), is not in stock, or available at the moment, you can choose to provide us your email address so that we can notify you when the product becomes available again.
Please note that if you choose to share information about yourself in an open format, such as through a Third Party Site like Facebook or Twitter or in the user‐generated content elements of our own Sites, we consider that information to be public information ‐ and not personal information.
We realize that our customers trust us to protect their personal information. We take that task seriously. We maintain physical, electronic and procedural safeguards to protect your personal information. For example:
Unfortunately, despite all of our efforts, there is always a risk that third parties may unlawfully intercept transmissions. For example, we cannot ensure the security of your data during transmission to us or the security of your data on any mobile device or on your Twitter page or on another computer. This reality is true of all Internet or data transmission use. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.
American Power & Gas® collects personal information primarily to make our services more rewarding for you to use. We usually use this information for internal purposes, such as studying our customers’ preferences. We may also use your information to track your purchase history and to contact you for account and promotional purposes.
In the event that another company buys the assets or stock of American Power & Gas®, your personal information may then belong to another entity.
We use email addresses and mailing addresses to send out newsletters and other announcements with information about American Power & Gas®’s new products, gifts and special features. After you become a registered user of AmericanPowerandGas.com or have a GE Membership, you can choose not to receive these announcements by opting‐out of delivery. If you receive an email and want to avoid further messages, look at the end of the email for instructions on how to remove yourself from the mailing list. You will be able to edit your email preferences at AmericanPowerandGas.com’s “My Account” page when available.
American Power & Gas® may share your personal information with companies that perform services for us, such as fulfilling orders, delivering packages, sending postal mail and emails, analyzing customer data, providing marketing assistance, processing credit card payments, investigating fraudulent activity, conducting customer surveys, and providing customer service. They have access to personal information needed to perform their functions, but may not disclose your personally identifiable information for other purposes.
Some personal information is stored on servers owned by other companies. Except as otherwise described below, only American Power & Gas® has the right to access this information.
We may share aggregate information about our customers with advertisers and marketing partners. This information does not identify individual users.
Personal information may be disclosed if required by law.
American Power & Gas® does not currently sell or license personal information. Before selling or licensing your personal information, we will post a notice in this Privacy Policy.
American Power & Gas® wants to give you the best possible experience when you visit AmericanPowerandGas.com and our other Sites. We like to constantly update and improve the features on our Sites, we like to personalize your browsing and shopping experience (when stores available) and we like to recognize you when you return to AmericanPowerandGas.com. We have a variety of ways of doing this.
We might collect information about how you use our Sites by setting and accessing cookies on your computer. A cookie is a small data file that identifies the web browser on a particular computer. No personal information is stored in the cookie itself. When you visit one of our Sites, a cookie will be sent to your browser and then stored on your computer’s hard drive. We use these cookies to track information about how often you visit our website, what pages you view, and where you go after you leave the site. We also link the visitor ID from your cookie to a user ID in our database to help us analyze web traffic and statistics. Other companies help us with data research and analysis, but they are prohibited from using that data for any other purpose. Cookies also help us improve your shopping experience by, among other things, keeping track of your preferences, recognizing you if you are a registered user, and tracking your order as you shop on AmericanPowerandGas.com. If any of your personal information needs to be accessed during that process, you will have to log in or otherwise authenticate yourself. If you don’t like cookies, you can set your browser to reject cookies or to notify you when you are sent a cookie, giving you the chance to decide whether or not to accept it. For instructions, look at your browser’s “Help” menu. Note that certain features of AmericanPowerandGas.com may not be available if you delete or reject cookies.
We may also use pixel tags (also called web beacons or “clear” gifs) on our Sites. They help us analyze what our clients like to do on our Sites and the effectiveness of our features and advertising. They can also help us customize your browsing and shopping experience. We may use information collected through pixel tags or tracked links in combination with your personally identifiable information.
We may also combine personally identifiable information you provide to American Power & Gas® with other personal information (such as purchase history and demographic information). We often work with other companies to help us track, collect and analyze this information but they are prohibited from using this information for any other purpose.
American Power & Gas® also works with advertising partners (like Google) that use cookies, pixel tags and other tracking technologies to serve advertisements on behalf of their retail clients, including American Power & Gas®, across the Internet, including to you after you have visited our Sites. These advertising partners engage in remarketing, online behavioral advertising and ad delivery and reporting. With respect to American Power & Gas®, these advertising partners may collect anonymous information about your browser as it makes visits to websites across the Internet (including our Sites) and your interaction with our advertising and email communications.
This anonymous information may also be used to tailor advertising for you and others elsewhere on the Internet. American Power & Gas® will have access to the information collected by these advertising partners and can then use it in combination with personally identifiable information provided by you to American Power & Gas® to enhance your experience on our Sites. We will not share that personally identifiable information with these advertising partners. If you would like more information about this practice or would like to know your choices about not having your information used by these companies, please visit http://www.networkadvertising.org/managing/opt_out.asp.
We comply with the Children’s Online Privacy Protection Act of 1998. If you are under the age of 18, you can look at our Sites, but you cannot make a purchase. You also cannot become a registered user, apply for GE Membership, or use any service on our Sites that asks for personal information. Our Sites are not designed for children. We do not wish to collect personal information from children under 18.
This policy is designed to protect children. Federal law requires us to take special steps to safeguard children’s privacy. For more information about this federal law and about children’s privacy, click here.
If you register with us or apply for GE Membership, and we discover that you are under 18, we will delete such registration or GE Membership. We will send you a message if we do this. If you are under 18 and want to make a purchase, please ask a parent to place the order for you.
We work with trusted third parties, including social network sites like Facebook, and with application developers who specialize in social commerce so we can connect to your social networks. Other social networks we use include Twitter, Myspace, Delicious and Digg. All of these companies operate Third Party Sites. We provide access to our Sites by third parties and business partners so we can generate interest in our products amongst members of your social networks and to allow you to share product interests with friends in your network.
The use of any features made available to you on our Sites by a third party may result in information being collected or shared about you by us or by the third party. Information collected or shared
through any such third party features is considered “public information” by us because the Third Party Sites made it publicly available. If you do not want us to be able to access information about you from Third Party Sites, you must instruct Third Party Sites not to share the information. We cannot control how your data is collected, stored, used or shared by Third Party Sites or to whom it is disclosed. Please be sure to review the privacy policies and privacy settings on your social networking sites to make sure you understand the information they are sharing.
If you do not want a Third Party Site to share information about you, you must contact that site and determine whether it gives you the opportunity to opt out of sharing such information. American Power & Gas® is not responsible for how these third parties may use information collected from or about you.
Facebook’s “Like” feature is a good example. (Other third parties have or may have similar ways for you to express positive opinions about our products ‐ now or in the future.) We have agreed to allow Facebook’s “Like” feature to run alongside images of our products so you can “Like” one of our articles, products or services and to see how many other Facebook users “Like” each of our products. You should know that Facebook may collect or register the fact that you “Like” a product and may post that information to your “News Feed” on Facebook and to your Facebook profile’s “Wall” and “Info” pages.
So, the fact that you “Like” one or more of our products may be made known to members of your Facebook network. This would be true for your friends, too. If they “Like” one of our products, you will see it on his or her News Feed, Wall or Info pages. Finally, by “liking” one of our products, you consent to the display of that information by us. If you do not wish this to happen, you should not click that you “Like” a product and you should review your privacy settings on Facebook (or similar Third Party Sites).
Note that we are not obligated to display someone’s name, profile photo or other “public” Facebook profile information on our website even if that Facebook user “Likes” one of our products. We reserve the right to remove the information of any person which we deem to be inconsistent with our ideals or otherwise inappropriate for public association with our company. We may remove from our Sites, in our sole discretion, any product offering or any photo or product description relating thereto.
We may decide to operate a Friends Store through Facebook (or comparable store on another Third Party Site) in the future. If we operate a Friends Store, and you “connect” with Facebook (using Facebook Connect or other connecting applications) to the Friends Store on the Sites, you will be able to browse to discover which products are “Liked” by your Facebook friends and by the larger Facebook community. If you are a Facebook user and you say that you “Like” a product on our Sites or that you “Like” American Power & Gas®, American Power & Gas® may then request that Facebook make your name, Facebook photo and other public profile information under the terms of Facebook’s privacy policy available to the Friends Store. This information may then be displayed alongside the product in the Friends Store on our Sites to indicate that you “Like” the product. The actual information that may be displayed in the Friends Store will vary depending on what information is made publicly available on Facebook.com. American Power & Gas® will collect and keep your Facebook profile identification only as long as is needed to operate the Friends Store.
If you would like to opt out of advertisers’ cookies that track anonymous information, click here.
This Website has been compiled in good faith by American Power & Gas®; however, no representation is made as to the accuracy of the information it contains.
In particular, you should be aware that at any time, this information may be incomplete, may contain errors, or may become out of date. American Power & Gas® makes no commitment, and disclaims any duty to update any of the information contained in this Website or in any of the news releases, quotes or other time‐sensitive materials referred to in this Website.
American Power & Gas® reserves the right to add, modify or delete any information of this Website at any time.
THE INFORMATION PROVIDED IN THIS WEBSITE AND RELATED COMMUNICATIONS ARE PROVIDED ON AN “AS IS” BASIS FOR INFORMATION PURPOSES ONLY. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON‐INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSION MAY NOT APPLY.
You may not use, copy or distribute the information found on the American Power & Gas® Websites for any use. Except as expressly authorized in this paragraph, you are not granted any right or license under any copyright, trademark, service mark, patent or other intellectual property right in the information, services, processes or technology of American Power & Gas® or its affiliates. All such rights are retained by American Power & Gas®, its affiliates, and/or any third party owner of such rights. American Power & Gas® name and logos, and all related product and service names, design marks and slogans are the trademarks or service marks of American Power & Gas® or its affiliates. You are not authorized to use any American Power & Gas® name or mark without the prior written consent of American Power & Gas® or one of its affiliates.
The invalidity, in whole or in part, of any of the foregoing Sections or provisions of this Agreement will not affect the validity of the remainder of such Sections or provisio
If you have any questions about this Privacy Policy, or the content or practices of our website, you can contact American Power & Gas® directly at:
www.AmericanPowerandGas.com
or
American Power & Gas® LLC
10601 S Belcher road
Seminole, FL 34698
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use this site. American Power & Gas® (“American Power & Gas®”) may modify these Terms and Conditions at any time.
These are the terms of use (“Terms of Use”) for your use of services or features on the sites owned and controlled by American Power & Gas® (“American Power & Gas®”), including www.AmericanPowerandGas.com. We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added.
You may view, download for personal viewing purposes only and print pages or go through the pricing engine and enrollment process from the website for your own use, subject to the restrictions set in these terms and conditions.
You understand that by using our site you are inquiring about services offered by AP&G® and as such, you may receive a call from an American Power& Gas representative to answer any questions you may have.
You must not:
Essential information is recorded about user activity and interactions with this website for the purposes of security and site optimization analytics. This limited first-party data may be further enhanced with the help of third-party data sources to help facilitate visitor segmentation and re-engagement through verified marketing channels, within the respective boundaries of applicable legal standards.
Any personal information or data that you may be required to enter into this website for marketing, pricing or enrollment purposes is for use by American Power & Gas® and for the purpose of marketing, processing, billing and supplying energy by American Power & Gas® and may be shared with your utility for the purpose of validation and is part of the enrollment process.
By using the Sites, you signify your agreement to these Terms of Use and our Privacy Policy, whether or not you have read them. If you do not agree with any of these, you should not use our Sites.
American Power & Gas® reserves the right to change or modify any of the terms and conditions contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion.
If American Power & Gas® decides to change these Terms of Use, American Power & Gas® will post a new version on the Sites. Any changes or modifications to these Terms of Use will be effective upon posting of the revisions. Your continued use of the Sites following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Sites. For this reason, you should frequently review these Terms of Use, and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites.
By using our site you acknowledge and accept this Agreement.
You acknowledge that these Terms of Use are reasonable, and the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the American Power & Gas® sites, receipt of data, and access to materials and information made available through the use of the Sites.
While American Power & Gas® makes reasonable efforts to insure that all material on the American Power & Gas® Sites is correct, accuracy cannot be guaranteed.
American Power & Gas® makes no representations or warranties as to the accuracy or completeness of the information contained in this website, results obtained from the use of the site, or interruptions in the availability of the American Power & Gas® Site.
Any other use or attempt to use the American Power & Gas® Site for other purposes, directly or indirectly, by you or by a third party is prohibited.
NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, NON‐INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE American Power & Gas® SITE IS GIVEN OR ASSUMED BY American Power & Gas®.
ALL SUCH WARRANTIES, REPRESENTATIONS ARE HEREBY EXCLUDED.
American Power & Gas® MAKES NO WARRANTY THAT THE American Power & Gas® SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE American Power & Gas® SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without American Power & Gas® LLC’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without American Power & Gas® LLC’s express written consent or agreement.
Access to certain areas of this website is restricted. American Power & Gas® LLC reserves the right to restrict access to areas of this website, or indeed this entire website, at American Power & Gas® LLC’s discretion.
If American Power & Gas® LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
American Power & Gas® LLC may disable your user ID and password at American Power & Gas® LLC’s sole discretion without notice or explanation.
Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.
If you request to receive updates or other information by mobile phone or text message, you consent to our communicating with you via your mobile device. We do not charge for these services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. At any time, you may text STOP to cancel or HELP for customer support information.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyrighted and Trademarked. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of American Power & Gas® and protected by U.S. and International copyright laws. All software used on the Sites is the property of American Power & Gas® or its software suppliers and is protected by U.S. and International copyright laws.
You acknowledge that American Power & Gas® owns all rights, titles and interest in and to the marks, logos and payoff. You receive no rights to use any logo or marks, express or implied, without the prior written permission of American Power & Gas® or the trademark holder.
You will immediately notify American Power & Gas® if you learn (i) of any potential or actual infringement of the marks by a third party or (ii) that the use of the marks may infringe upon the proprietary rights of a third party.
American Power & Gas® may also at its sole discretion limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree to authorize American Power & Gas® to send you communications via email, mail and any other medium for promotional and or informative purposes.
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through our Interactive Services or otherwise, including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments, questions, answers or other materials (collectively, “Content”). By posting content on our sites, you are confirming that you own and control all the rights to this content, your content is accurate and non‐ misleading, and your content doesn’t violate any of the Terms or Privacy Policies of American Power & Gas®.
We will not accept Content from you unless you are a registered user of the Sites.
By using any interactive area available on our sites such as blogs, forums, chats, etc. you agree not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:
American Power & Gas®, ITS AFFILIATES OR SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold harmless American Power & Gas®, its affiliates and subsidiaries, and their officers, directors, employees, agents, successors, or assigns from any and all claims, liabilities, costs, and expenses (including reasonable attorneys’ and experts’ fees) arising in any way from your use of the website or the placement or transmission of any message, information, software, or other materials or content on or through the website by you or users of your online profile or related to any violation of these Terms of Use by you or users of your online profile.
The Terms of Use state the entire agreement between you and American Power & Gas® relating to your use of the website, and all prior and contemporaneous agreements and understandings relating to the subject matter of these Terms of Use are superseded by and merged into these Terms of Use. These Terms of Use may not be amended, except by American Power & Gas®.
American Power & Gas® LLC may transfer, sub‐contract or otherwise deal with American Power & Gas® LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub‐contract or otherwise deal with your rights and/or obligations under these terms and conditions.
These terms and conditions will be governed by and construed in accordance with Florida law, and any disputes relating to these terms and conditions, or any claim or dispute between you and American Power & Gas® that arises in whole or in part from the Sites or the Interactive Services, will be subject to the exclusive jurisdiction of the courts of Florida. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and American Power & Gas®’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express wish of the parties that these Terms of Use and all related documents are drawn up in English. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND American Power & Gas® AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE INTERACTIVE SERVICES MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The invalidity, in whole or in part, of any of the foregoing Sections or provisions of this Agreement will not affect the validity of the remainder of such Sections or provisions.