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PLEASE READ THIS USER AGREEMENT CAREFULLY PRIOR TO YOUR USE OF THIS WEB SITE.
Atlanta Gas Light Company ("AGL", "we" or "our") a Georgia company is the owner and operator of this web site (the "Site"). The Site is used in connection with purchasing and obtaining information about our various products and services, and those of others. BY UTILIZING THE SITE, YOU (THE "USER") HEREBY AGREE TO BE LEGALLY BOUND BY THIS USER AGREEMENT WHICH INCORPORATES BY REFERENCE THE PRIVACY POLICY POSTED ON THE SITE, AS BOTH ARE AMENDED FROM TIME TO TIME. THIS AGREEMENT ALSO REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION IN CONNECTION WITH ANY CLAIMS AGAINST AGL RELATING TO YOUR USE OF THIS WEBSITE OR PRODUCTS OR SERVICES PURCHASED THROUGH IT. IF THIS AGREEMENT IS NOT ACCEPTABLE AND YOU ARE UNWILLING TO BE BOUND BY IT, PLEASE DO NOT USE THE SITE OR ENTER ANY INFORMATION ABOUT YOURSELF OR TRANSACT ANY BUSINESS THROUGH THIS SITE. Because of changes in Internet technology and practices, this User Agreement (also known as the "Agreement"), and our security and other policies may change from time to time. Please consult this portion of the Site for important changes to the Agreement as they occur. Unless otherwise provided in a separate written agreement between you and AGL, by using the Site after AGL posts any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them, and such acceptance shall be deemed legally conclusive. If at any time you choose not to accept the terms of this Agreement, you will not use the Site. This Agreement applies to your use of this Site or other sites that we may own or operate in the future, unless such sites provide otherwise.
1. Eligibility and User's Warranties and Representations.
AGL intends that this Site be used by adults only and Users that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site should not be used by minors. If you do not qualify, you are not permitted to use the Site, and you do not have the consent of AGL to do so.
2. Fraud.
Without limiting any other remedies, AGL may suspend or terminate User's account if User is found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with the Site or Services.
3. Passwords.
User is responsible for maintaining the confidentiality of its registration information and password. User shall notify AGL promptly and in writing as soon as it discovers any unauthorized use of User's password. You must enter your own password each time you use certain portions of the Site, and you may not utilize any other user's password without such user's express written consent. You agree that the use of your password each time you utilize the Site, or make any purchases, constitutes an "electronic signature" within the meaning of the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act.
4. Links to Third Party Websites.
AGL may provide links to web pages which are not part of the AGL web family. These sites are not under AGL's control and AGL is not responsible for the information or links you may find there. AGL is providing these links only as a convenience. The presence of these links on any AGL website is not intended to imply AGL's endorsement of that site but to provide a convenient link to relevant sites which are managed by other organizations, companies, or individuals. Accordingly, this Agreement does not apply to your use of unaffiliated sites to which this Site only provides links
5. User's Information.
"User's Information" is defined as any information or other material User provides to AGL or others in the registration process, or otherwise in connection with the Site. User is solely responsible for User's Information, and AGL acts as a passive conduit for User's online distribution and publication of User's Information. AGL reserves, however, the right to modify or remove from the Site, all or any portion of User's Information or other material that AGL, in its sole discretion, considers infringing, offensive, abusive, defamatory, obscene, or otherwise unacceptable or unlawful. AGL also reserves the right to edit User's Information or other materials for any other reason consistent with the purposes of this Agreement.
6. Access and Interference.
6.1 Use of the Site, Products and Services. The contents of this Site are protected by copyright, trademark and other laws and are the sole and exclusive property AGL and/or other owners. AGL grants you a limited license to access and make personal use of the Site in order to obtain information about, and/or to purchase the products or services of AGL or third parties. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without express written consent of AGL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AGL without our express written consent. You may not use any meta tags or any other "hidden text" utilizing AGL's name or trademarks without our express written consent. Any unauthorized use of the Site terminates the permission and license granted by AGL. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray AGL or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any AGL logo or other proprietary graphic or trademark as part of the link without our express written permission. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You will not take any action that imposes an unreasonable or disproportionately large load on AGL's infrastructure.
6.2 Breach. Without limiting other rights or remedies set forth in this Agreement or as otherwise available by law, AGL may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site in whole or in part: (a) if you breach this Agreement; (b) if AGL is unable to verify or authenticate any information you provide to AGL, should AGL elect to engage in such verification; or (c) if AGL believes in its sole discretion that your actions may cause legal liability for you, other users, AGL or third parties.
6.3 Privacy. AGL's current Privacy Policy is available on the Site and is incorporated in this Agreement by reference. AGL may change its Privacy Policy from time to time, as stated therein.
7. No Warranty.
THIS SITE AND THE CONTENT, INFORMATION, PRODUCTS AND SERVICES AVAILABLE ON IT ARE PROVIDED BY AGL ON AN "AS IS" AND "AS AVAILABLE" BASIS. AGL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AGL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES OF NON-INFRINGEMENT. AGL DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AGL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE PRODUCTS OR SERVICES PURCHASED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF AGL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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 ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN ADDITION, ALL OF THE PRODUCTS SOLD THROUGH THIS SITE ARE THOSE OF THIRD PARTY MANUFACTURERS AND/OR DISTRIBUTORS AND MAY BE GOVERNED BY WARRANTIES AND/OR AGREEMENTS OFFERED BY THOSE THIRD PARTIES. TRANSACTIONS TO PURCHASE SUCH PRODUCTS ARE SOLELY BETWEEN YOU AND THOSE THIRD PARTIES AND AGL IS NOT A PARTY TO THAT TRANSACTION AND IS NOT RESPONSIBLE FOR ANY LIABILITIES RESULTING THEREFROM OR IN CONNECTION THEREWITH-- THE SITE IS MERELY USED AS A CONDUIT FOR EXECUTING TRANSACTIONS BETWEEN YOU AND THIRD PARTIES. YOU MUST REVIEW AND FOLLOW THE PRODUCT WARNING AND SAFETY INFORMATION PROVIDED BY THE PRODUCT MANUFACTURER OR OTHER PARTY FROM WHOM YOU PURCHASE PRODUCTS.
AGL'S LIABILITY, AND THE LIABILITY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS, TO USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE PURCHASE PRICE PAID BY YOU IN CONNECTION WITH THE SPECIFIC TRANSACTION(S) OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
8. Indemnity.
You agree to indemnify, defend and hold AGL its subsidiaries and affiliates and each of their officers, directors, agents, employees, independent contractors and suppliers, harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, due to or arising out of the following events: (i) Your giving AGL any information which is inaccurate; (ii) your breach of any warranty, representation or other obligation set forth in this Agreement; (iii) your negligence or willful misconduct; (iv) your violation of any law, regulation or right of any third party; (v) any dispute or action between you and any third party, including parties selling goods or services through this Site; and (vi) your use of the Site or the products or services of AGL or any third party, except for claims resulting solely from AGL's negligence or willful misconduct.
9. Release; Covenant Not To Sue.
You hereby release, agree and covenant not to sue AGL, its subsidiaries and affiliates, and their officers, directors, agents, employees, suppliers and independent contractors, from or in connection with any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use of the Site or any purchases made thereon, other than willful misconduct on the part AGL. If User is a California resident, User hereby waives California Civil Code §1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
10. Risk of Loss.
The risk of loss and title for all items purchased through the use of the Site passes to you upon delivery by the third party seller of a shipment to the carrier.
11. Product Descriptions.
AGL and its affiliates and other third parties attempt to be accurate when describing a product. However, AGL does not warrant that the product descriptions are complete, reliable, current, or error-free. If a product offered on the Site is not as described, your sole remedy is to return the product in unused condition for a full refund.
12. Return Policy.
12.1 Our returns policy is simple. Within 30 days of your receipt of your order, you may return any item to the seller for a full refund that is in its original condition and packaging. Items purchased on the Site from third parties must be returned to them. Simply indicate the reason for your return, include the packing slip with your return, and wrap the package securely. For your protection, we recommend that you use UPS or Insured Parcel Post for shipment.
12.2 Gifts. We will accept returns of gifts within 30 days of your receipt. We will issue a gift certificate refund to the gift recipient at the same address to which the order was shipped. At this time, we can only issue a refund, exchanges are not permitted. Be sure to include either your packing slip or the e-mail address and name of the person who gave you the gift. Also, the product must be in its original condition and packaging.
12.3 Refunds. We or the third party seller will notify you via e-mail of your refund once we have received and processed the returned item. We will refund shipping costs only if the return is a result of our error.
13. Notices.
13.1 General. Except as explicitly stated otherwise, any notices shall be given by postal mail to AGL at P.O. Box 4569 Atlanta, GA 30302-4569 (in the case of AGL) or to the email address you provide to AGL during the registration process (in the case of you). Notice shall be deemed given 24 hours after email is sent, unless AGL is notified that the email address is invalid. Alternatively, AGL may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided by you during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
13.2 Copyright Infringement Complaints. The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is General Counsel, AGL, P.O. Box 4569 Atlanta, GA 30302.
14. Arbitration.
Any controversy or claim between you and AGL its subsidiaries and affiliates, and their officers, directors and employees, arising out of or relating to this Agreement or your use of the Site or products or services purchased through the use of the Site, shall be settled by binding arbitration, before a single arbitrator, in accordance with the commercial arbitration rules of JAMS which shall administer the arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, nor shall arbitration on a class action basis be permitted. JAMS will provide a list of five possible arbitrators who have no conflict preventing their service in a neutral capacity, who are members of the Georgia Bar and have at least ten (10) years of relevant experience. Each party may strike two of the proposed arbitrators from the list with or without cause, and JAMS will appoint the arbitrator from those not stricken by either party. The arbitration award shall be in writing and shall include findings of fact and conclusions of law. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of either party pending the completion of arbitration.
15. General.
15.1 Choice of Law, Headings and Non-waiver. This Agreement shall be exclusively construed, interpreted, governed and enforced in accordance with the laws of the State of Georgia, without regard to rules governing conflicts of laws, except that in underlying transactions involving commerce, the enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The parties further agree that this Agreement shall be deemed to have been negotiated, entered into, executed and performed for all purposes within the State of Georgia. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Either party's failure to act with respect to a breach does not waive the non-breaching party's right to act with respect to subsequent or similar breaches.
15.2 Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision and any such finding of invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In the event that any provision of this Agreement is held to be invalid or unenforceable, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. It is expressly understood, however, that the parties hereto intend each and every provision of this Agreement to be valid and enforceable and hereby knowingly waive all rights to object to any provision of this Agreement to the full extent permitted by law. Accordingly, if any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will, rather than be stricken in their entirety, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
15.3 Entire Agreement; Amendment. This Agreement contains the entire Agreement of the parties relating to its subject matter and supersedes any prior or contemporaneous agreements, negotiations, correspondence, understandings or communications, whether oral or written. This Agreement may not be modified or amended except in writing, signed by both parties, or as otherwise provided herein.
15.4 Continuing Cooperation. The parties agree to execute any documents or perform such other and further acts as are reasonably necessary to comply with the letter and spirit of this Agreement.
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