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TERMS OF
USE
The information contained in this Philadelphia Gas Works
("PGW") website (the "Site") is provided
as a public service to the citizens of Philadelphia, Pennsylvania
and to the Internet community. Information placed on the
Site is not intended to replace any official source. Although
PGW endeavors to make sure that the information is accurate
and timely, the information is presented "as is"
and without warranties, including warranties regarding the
content of legislative information. No information contained
within the Site should be mistaken for legal advice or official
action, nor should anyone make legally binding decisions
based on this information. Although PGW endeavors to provide
accurate and up-to-date information, PGW cannot guarantee
the accuracy of Site contents.
By using this site, you signify your agreement with all
terms, conditions, and notices contained or referenced herein
(the "Terms"). If you do not agree to these Terms,
do not use this Site. PGW reserves the right to update or
revise these Terms without notice. Please check the Terms
periodically for changes. Your continued use of this Site
constitutes acceptance of those changes. You also agree
not to use this Site for any unlawful purpose.
DISCLAIMER
All information and services included in or available through
this Site (the "content") are provided "as
is". The content is provided without warranties of
any kind, either express or implied, including, but not
limited to, implied warranties of merchantability, or fitness
for a particular purpose. PGW does not warrant that the
content is accurate, reliable or correct; that this Site
will be available at any particular time or location; that
any defects or errors will be corrected; or that the content
is free of viruses or other harmful components. Because
some jurisdictions do not permit the exclusion of certain
warranties, these exclusions may not apply to you.
LINKS
This Site may link you to other sites on the Internet.
The inclusion of such a link does not imply endorsement
of the site by PGW or any association with its operators.
These sites may contain information or material that some
people may find inappropriate, inaccurate or offensive.
These other sites are not under the control of PGW, and
you acknowledge that PGW is not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect
of the content of such sites.
PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials
available on this Site are protected by copyrights, trademarks,
service marks, patents, trade secrets, or other proprietary
rights and laws. Except as expressly authorized by PGW,
you agree not to sell, license, rent, modify, distribute,
copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit, or create derivative works from such
materials or content. Retrieval of data or other content
from this Site to create or compile, directly or indirectly,
a collection, compilation, database or directory without
written permission from PGW is prohibited. In addition,
use of the content or materials for any purpose not expressly
permitted in these Terms is prohibited.
As noted above, reproduction, copying, or redistribution
for commercial purposes of any materials or design elements
on this Site is strictly prohibited without the express
written permission of PGW.
LIMITATION OF LIABILITY
Under no circumstances shall PGW, the City of Philadelphia,
the Philadelphia Facilities Management Corporation, and/or
their employees, boards, directors, officers, agents and/or
contractors be liable for any direct, indirect, punitive,
incidental, special, or consequential damages that result
from the use of, or inability to use, this Site. This limitation
applies whether the alleged liability is based on contract,
tort, negligence, strict liability, or any other basis,
even if PGW has been advised of the possibility of such
damage.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PGW,
the City of Philadelphia, the Philadelphia Facilities Management
Corporation, and their employees, boards, directors, officers,
agents and contractors from all liabilities, claims, and
expenses, including attorney's fees, that arise from your
use or misuse of this Site.
CHOICE OF LAW AND FORUM
These Terms shall be governed by and construed in accordance
with the laws of the Commonwealth of Pennsylvania. You expressly
agree that the exclusive jurisdiction for any claim or action
arising out of or relating to these Terms or your use of
this Site shall be filed only in the state or federal courts
located in the Commonwealth of Pennsylvania.
SITE SECURITY
Users are prohibited from violating or attempting to violate
the security of the Site, including, without limitation,
(a) accessing data not intended for such user or logging
onto a server or an account which the user is not authorized
to access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization; (c) attempting to
interfere with service to any user, host or network, including,
without limitation, via means of submitting a virus to the
Site, overloading, "flooding," "spamming,"
"mailbombing" or "crashing;" or (d)
sending unsolicited email, including promotions and/or advertising
of products or services. Violations of system or network
security may result in civil or criminal liability. PGW
will investigate occurrences that may involve such violations.
CONTACT THROUGH THE SITE
In no event shall any contact made through this Site's
e-mail and messaging functions constitute legal notice to
PGW, the City of Philadelphia, the Philadelphia Facilities
Management Corporation, and/or their employees, boards,
directors, officers, agents and contractors (including but
not limited to legal notice required by federal, state,
or local laws, rules, or regulations) with respect to any
existing or potential claim or cause of action against PGW
or any of its agencies, officers, employees, agents, or
representatives.
CLAIMS OF INFRINGEMENT
In the event that any user believes that its copyrights
or trademarks are infringed by materials posted or stored
on the Site, they should contact PGW at (215) 235-1000..
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