Terms of Use

TERMS OF USE

Throughout the website, the terms “Liberty Utilities”, "we," "us," and "our" refer to Liberty Utilities Co. and its affiliates and subsidiaries. Liberty Utilities makes this website, including, without limitation, all information, tools, products and services (collectively, the “Website”) available to you, the user, (“you” or “your”) conditioned upon your acceptance of these Terms of Use. Your use of this Website constitutes your agreement to these Terms of Use.  If you do not agree with these Terms of Use, stop using the Website immediately. 

Your Privacy

Your privacy is important to us.  Please review our Privacy Policy, which also governs your use of the Website, and is incorporated in these Terms of Use by reference. 

License to Use the Website

You are hereby granted a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to use the Website and its contents for lawful purposes only. This is a limited license grant, not a title transfer, and under this license you may not modify the content, remove any copyright or proprietary notices from the content, nor mirror the content onto any other server. All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our content providers. The licenses granted by us will immediately terminate if you do not comply with these Terms of Use.

Your Account

If you use the My Account service available on the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your desktop or mobile device, and you agree to accept responsibility for all activities that occur under your account or password. 

Intellectual Property Rights

All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, trademarks, service marks, audio and video clips, downloads, interfaces, code and software, and the arrangement thereof) is the exclusive property of, or licensed by, Liberty Utilities, and is protected by copyright, trademark, and other applicable laws.  The display of any intellectual property rights of Liberty Utilities or any third party on the Website does not imply that we or any third party grant you a license to use any of these intellectual property rights without the express written permission of the owner.

You may access, copy, download, and print the material contained on the Website for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notice that appears on the material you access, copy, download, or print.

Restrictions on Use of Website, Termination of Access

WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITHOUT NOTICE. WE ALSO RESERVE THE RIGHT TO TEMPORARILY SUSPEND OR PERMANENTLY TERMINATE ANY SERVICE, TOOL OR FEATURE CONTAINED ON THIS WEBSITE AT ANY TIME.  Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

You agree that when using the Website, you will not: (a) engage in any illegal activities; (b) engage in any activity that exploits, harms or threatens to harm any person; (c) send spam, viruses or other similar malware to any other user of the Website or Liberty Utilities; (d) use the Website to share or display inappropriate content or material involving nudity, pornography, graphic violence or criminal activity, among others; (e) engage in any activity that is false or misleading; (f) circumvent any restrictions on access to or availability of certain features of the Website; (g) infringe upon the intellectual property rights or others; (h) violate the privacy rights of other users; (i) use any “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website; (j) attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Liberty Utilities server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means; (k) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website; (l) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the Website; (m) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Liberty Utilities on or through the Website or any service offered on or through the Website; (n) pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; or (o) assist others to violate these Terms of Use.    

You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

Copying, reproducing or redistribution of the Website or any part thereof for commercial purposes is expressly prohibited.

Third Party Links or Services

This Website may contain links to other websites, some of which are operated by Liberty Utilities and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on these third party websites and are not responsible for the content of such third party websites or any products or services that may be offered through a third party website. Inclusion of links to third party websites should not be viewed as an endorsement of the content of such websites or a warranty as to the offerings of such third parties. Different terms and conditions may apply to your use of any third party website, and you should carefully review their privacy statements or policies and other conditions of use. Any additional terms do not modify these Terms of Use.  We are not responsible for any losses, damages or other liabilities incurred as a result of your use of any such third party website.

Cookies

We use session cookies to make it easier for you to navigate our Website.  If you reject cookies, you may still use our Website, but your ability to use some areas of our Website may be limited.

We collect certain information automatically and store it in log files. No personal information about the user is collected. We collect only non-personally identifying information, including, without limitation, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to administer the Website, to analyze trends and to track users' movements around the Website.

For privacy and security reasons, minimal user-specific information is stored solely for the purpose of user authentication. All information gathered when using our Website is stored in a secure database.

Electronic Communications

When you use our Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Website. You consent to receive communications from us electronically, and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may opt-out of receiving such communications at any time by contacting us at any time.  

User Generated Content

You may submit content (for example, questions) to us through the Website, provided that such content complies with these Terms of Use. 

If you do submit content, unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you provide; that the content is accurate; that use of the content does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply.

Disclaimers

This Website is provided for information purposes only. Access to this Website is provided on an "as is" and “as available” basis, and while reasonable efforts are made to ensure the quality, completeness, accuracy and timeliness of the content provided and the operation of this Website, we make no warranty or representation that (i) the information available through the Website will be accurate, complete or timely, (ii) the Website will be error-free, secure, virus-free or (iii) the Website will operate without interruption.  You expressly agree that your use of the Website, including if you download any materials from the Website or send or receive any information to or from the Website, is at your sole risk. 

We disclaim all warranties, representations and conditions, whether express or implied, regarding use of this Website or the content provided, including without limitation all warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.

In certain jurisdictions, the law may not permit the disclaimer of warranties, and if so, the above disclaimers may not apply to you. 

Limitation of Liability

We will not be responsible for any damages whatsoever, including, without limitation, direct, indirect, special, incidental, consequential or punitive damages, arising out of or in connection with your use or inability to use this Website, or any information, content, materials, products or other services included on or otherwise made available to you through the Website.

Your sole and exclusive remedy is to discontinue your use of the Website. 

Changes to the Terms of Use

We reserve, in our sole discretion, the right to modify all or a part of these Terms of Use, at any time, and from time to time, by posting revised terms on the Website. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Website after any changes to the Terms of Use constitutes your acceptance of the changes.

Choice of Law and Venue

If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live, or where your principal place of business is, will govern all claims, regardless of conflict of law principles.  You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in the Borough of Manhattan, New York, for all disputes arising out of or relating to these Terms of Use.

General

Any terms which apply after the termination or expiry of these Terms of Use will survive any such termination or expiration, including, without limitation, any disclaimers and limitations of liability.    We may assign these Terms of Use, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms of Use. This is the entire agreement between you and Liberty Utilities for your use of the Website. It supersedes any prior agreements between you and Liberty Utilities regarding your use of the Website. All parts of these Terms of Use apply to the maximum extent permitted by relevant law.  If any provision of these Terms of Use is found to be unenforceable, we may replace those terms with similar terms to the extent enforceable under the relevant law, and the remainder of these Terms of Use will remain in full force and effect, unamended by such change.  These Terms of Use are solely for your benefit.   

Last updated:  April 7, 2016