CUSTOMER SERVICE PAY YOUR BILL PRIVACY POLICY REFUND POLICY TERMS & CONDITIONS CUSTOMER REFERRALS Get in touch 270-442-5557 cs2@upgas.com Contact us Terms & Conditions Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.upgas.com website (the "Website") operated by United Propane Gas and its affiliated companies (“ UPG”) ("us", "we", or "our"). These Terms may be amended at any time by posting the amended terms on our Website. We may or may not post notices on the homepage of our Website when such changes occur. UPG refers to these Terms, our Privacy Policy and any other terms, rules, or guidelines on our Website collectively as our "Legal Terms." You explicitly and implicitly agree to be bound by our Legal Terms each time you access our Website. If you do not wish to be so bound, please do not use or access our Website. Limited License UPG grants you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to make purchases of propane gas through our Website, strictly in accordance with our Legal Terms. Accounts When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website. You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party website. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Copyrights and Trademarks Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by UPG. This Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. UPG aggressively enforces its intellectual property rights to the fullest. Links to Third-Party Websites Our Website may contain links to third-party web sites or services that are not owned or controlled by UPG. UPG does not monitor or control outside websites and is not responsible for their content. UPG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that UPG is not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. UPG’s inclusion of links to an outside Website does not imply any endorsement of the material on those outside Websites or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does UPG’s inclusion of the links imply that UPG is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Content Disclaimer Postings on our Website are made at such times as UPG determines in its discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. UPG does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE. Termination We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website. No Warranties; Exclusion of Liability OUR WEBSITE IS OPERATED BY UPG ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, UPG SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY PRODUCTS YOU PURCHASE THROUGH IT. UPG SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR PRODUCTS SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER UPG OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE AND PRODUCTS PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL UPG’S LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO UPG FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, UPG DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UPG AND ITS RESPECTIVE AFFILIATES MAKE NO REPRESENTATION OR GUARANTEES ABOUT ANY PRODUCTS AND SERVICES OFFERED THROUGH OUR WEBSITE. UPG MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON OUR WEBSITE, IS APPLICABLE OR APPROPRIATE FOR USE IN ALL JURISDICTIONS. Governing Law These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Kentucky without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Website. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website. Indemnification You agree to defend, indemnify and hold UPG harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Products you purchase through it. ELECTRONICALL Y COLLECTED CHECK INFO In an ongoing effort to improve efficiency and to provide you with the best servicing of your account, your payments by check may be converted to an electronic funds transfer through the banking system's automated clearinghouse. This means your account may be charged the same day or the day after your check is received by us. Although the transaction will appear on your bank statement, your check will not be returned to your bank. Payments returned unpaid by your Financial Institution will be assessed a fee in accordance with consumer regulations of your state. Please be aware that your payment by check constitutes acceptance of these terms. CONDITIONAL PAYMENTS Any check or other form of payment, which you send us for less than the full balance owed that is marked "paid in full" or contains a similar notation or that you otherwise tender in full satisfaction of a disputed amount, must be sent to Account Services, P.O. Box 2450 Paducah, Kentucky 42002. We reserve all our rights regarding such payments including but not limited to pursuing you for the remaining balance should such payments be sent to any address other than set forth above and refusing to accept such payments. FINANCE CHARGES Any balance in excess of 30 days past due will accrue finance charges at the rate of 1.5% per month. IN CASE OF ERRORS ABOUT YOUR ACCOUNT If you believe your account is in error due to a payment not having been applied, please call (800) 874-4427. You will not have to pay any amount disputed while we investigate but you will be required to cooperate and furnish documents requested by us to complete our investigation. Failure to cooperate with our investigation or failure to provide proof sufficient in our sole discretion to support your dispute will leave you responsible for satisfying the disputed amount in full. CORPORATE OFFICE 800-874-4427 CORPORATE OFFICE 4200 Cairo Rd. Paducah, KY 42001