Please read the following Terms of Use (the "Terms of Use") carefully. These Terms of Use govern your Use (as defined below) of the SouthStar (as defined below) ("SouthStar", "we", "us", or "our") websites that include, but are not limited to southstarenergy.com, gng.com, onlyfng.com, grandrapidsenergy.com, marylandenergy.com, illenergy.com, illenergysolutions.com, onlyong.com, pennsylvaniaenergy.com and virginiaretailenergy.com (collectively, the "Websites"), any mobile applications associated with these Websites (the "Mobile Applications) or any associated Content (as defined below), material, or functionality contained on the Websites or Mobile Applications (the "Services" and, together with the Website and the Mobile Applications, collectively, the "System"). The System is the property of SouthStar and its licensors. By accessing, browsing, downloading, using, or registering for (collectively "Using") any Content, material, or functionality contained on the System (the "Services"), you acknowledge that you have read and understood these Terms of Use and that you accept and agree to be bound by them in full. If you do not agree to these Terms of Use, do not Use the System, or any portion thereof. Any use of the System is at the sole risk of the user. SouthStar Energy Services LLC operates as a natural gas marketer under the names "SouthStar Energy Services", "Georgia Natural Gas", "Ohio Natural Gas", "Maryland Energy", "Florida Natural Gas", "Grand Rapids Energy", "Pennsylvania Energy", and "Virginia Retail Energy". For the purposes of these Terms of Use (including the Privacy Policy), references to "SouthStar" shall include SouthStar Energy Services LLC and all of its members, affiliates, subsidiaries (Illinois Energy, USA, LLC and Illinois Energy Solutions, USA, LLC), directors, officers, agents, and employees.
We may update these Terms of Use from time to time and may amend them at any time to incorporate additional terms specific to additional features, applications, opportunities, or services that we may make available on or through the System. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms of Use or other notice on the Website and the Mobile Applications. You should view these Terms of Use often to stay informed of changes that may affect you, as your continued use of the System signifies your continuing consent to be bound by these Terms of Use. We expressly reserve the right to make any changes to these Terms of Use, or to the System and its Content, at any time, without prior notice to you. The version of these Terms of Use posted here on each respective date you visit the System shall be the Terms of Use applicable to your access and use of the System on that date. Our electronically or otherwise properly stored copies of these Terms of Use and the Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of the Terms of Use and the Privacy Policy which were in force on each respective date you visited the System.
In these Terms of Use, "you" and "your" refer to (a) you, the individual accessing the System, (b) any electronic agent accessing the System on behalf of an individual or business entity, and (c) the business entity on whose behalf an individual or electronic agent is accessing the System. You represent and agree that all information that you provide to SouthStar in connection with your access to and use of the System is and shall be true, accurate, and complete, to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms of Use, or to refuse, restrict, or discontinue service or access to the System (or any portions, components, or features of the System) to you or any other person or entity, for any reason or for no reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms of Use may, among other things, result in the immediate termination of your access to and use of the System.
SouthStar grants you a personal, non-exclusive, non-transferable, limited license to Use the System and to view or access the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System, the Services, or any other Content available via the System (including any Websites or Mobile Applications contained therein). You further agree not to modify the System, or any part thereof, in any form or manner, nor to Use any modified versions of the System or the Services, for any reason whatsoever, without the express written consent of SouthStar. You may not attempt to gain any unauthorized access to the System or any of its associated Content, including computer systems, software, or networks. No commercial use or redistribution of any Content, materials, or information contained on or offered through the System or the Services is permitted, unless expressly specified in a prior agreement between you and SouthStar.
As a condition of your Use of the System (including the Services), you agree that you will not Use the System for any purpose that is unlawful or prohibited by these Terms of Use. You also agree to reimburse us for any damage, loss, cost or expense we incur, including any legal fees, because of your Use of the System or the Services for any unlawful or prohibited purpose.
SouthStar's privacy policy (the "Privacy Policy") applies to the use of the System, and its terms are made a part of these Terms of Use by this reference. To view SouthStar's Privacy Policy, please see here. We encourage you to read and become familiar with our privacy practices, as described in our Privacy Policy. Additionally, although we attempt to protect online information according to applicable law and our established security standard and practices, by using the System, you acknowledge and agree that we cannot guarantee the privacy and security of Internet transmissions. You understand that any message or information that you send to the System may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Any Use or attempted Use of the System (i) for any unlawful, unauthorized, fraudulent or malicious purpose; (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (iii) that could interfere with any other party's use and enjoyment of the System; (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (v) to access systems, data or information not intended by SouthStar to be made accessible to a user; (vi) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vii) any use other than the purpose for which it was intended, is prohibited.
In addition, in connection with your use of the System, you agree you will not:
SouthStar reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. SouthStar may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy or applicable law, SouthStar reserves the right at all times to disclose any information as SouthStar deems necessary to satisfy any applicable law, regulation, legal process or governmental or utility request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SouthStar's sole discretion. You also agree to reimburse SouthStar for any damage, loss, cost or expense SouthStar incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the prosecution, defense or settlement of the foregoing) because of your Use of the System for any unlawful or prohibited purpose.
SouthStar reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental or utility request, or to edit or remove any information or materials, in whole or in part, in SouthStar's sole discretion.
Any information, communications, or material of any type or nature that you submit to the System or any of our pages contained on a social media platform or website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a "Submission") is done at your own risk and without any expectation of privacy. SouthStar does not own any Submissions provided via the System. However, by inputting/submitting such Submissions you are granting SouthStar a nonexclusive, irrevocable, worldwide, sublicenseable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any way now known or in the future discovered, such Submissions (or any content or materials contained therein). All Submissions inputted/ submitted by you via the System or any social media platform is at your own risk and you hereby represent and warrant that you have the full legal right to so use such Submissions and that they, and any content or material contained therein, is not confidential or proprietary to any third party, nor are you using it in violation of any law or contractual restriction.
SouthStar respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the System and to collect and provide the features, materials, opportunities, and services that are available on or through the System. You understand and agree that SouthStar owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the features, materials, opportunities, and services made available on or through the System, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the "Content") as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content. You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the System and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of SouthStar or its licensors and content-providers.
Except as expressly provided in these Terms of Use, no part of the System or the Services, and no Content, materials, or other information on the System or the Services, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or via any other medium for publication or distribution, or for any commercial enterprise without SouthStar's express prior written consent. The posting of information or other materials or Content on the System by SouthStar does not constitute a waiver of any proprietary right in such information, materials, or Content (such as, but not limited to, copyright, patent, trademark, or other intellectual property rights) and does not transfer any rights to a user of the System or to any other third party, except as expressly provided herein.
SouthStar does not promise, covenant, represent, warrant, or guarantee that you or any other user of the System will obtain any particular or tangible result or goal through the use of the System, or obtain any other product or service in connection with use of the System. It is solely your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you submit to or through the System or SouthStar, or that you access, use, download, or otherwise obtain on or through the System or SouthStar, are: (a) up-to-date, accurate, complete, reliable, truthful, and suitable to and appropriate for the purpose for which they are intended; and (b) free of viruses and other disabling devices and destructive routines.
THE INFORMATION, SOFTWARE, OR OTHER MATERIALS AVAILABLE FROM OR PROVIDED ON THE SYSTEM OR VIA THE SERVICES, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOUTHSTAR AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SYSTEM OR THROUGH SOUTHSTAR ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SYSTEM AND THE CONTENT, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SYSTEM AND THROUGH SOUTHSTAR ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. SOUTHSTAR PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, SOUTHSTAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. SOUTHSTAR SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SYSTEM.
IN NO EVENT SHALL SOUTHSTAR, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OF, OR RELIANCE ON, THE SYSTEM; (B) THE USE, COPYING, OR DISPLAY OF THE SYSTEM OR THE CONTENT OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SYSTEM OVER THE INTERNET; (C) SOUTHSTAR'S PERFORMANCE OF, OR FAILURE TO PERFORM, ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS OF USE; (D) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT BY YOU, OTHER USERS OF THE SYSTEM, OR OTHER THIRD PARTIES; OR (E) THE AVAILABILITY, RELIABILITY, ACCURACY, TIMELINESS, OR QUALITY OF ANY SERVICES OFFERED, MADE AVAILABLE, PROVIDED, OR ACCEPTED BY YOU OR ANY THIRD PARTY, IN CONNECTION WITH THE SYSTEM OR ITS USE. UNDER NO CIRCUMSTANCES SHALL SOUTHSTAR, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, ANYTHING DESCRIBED IN THE FOREGOING CLAUSES (A) THROUGH (E) OF THIS PARAGRAPH, OR ANY OTHER CAUSE BEYOND THE CONTROL OF SOUTHSTAR, EVEN IF SOUTHSTAR WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF SOUTHSTAR, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF SOUTHSTAR, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE SYSTEM, OR THE USE OF THE SYSTEM, SOUTHSTAR AND SUCH PARTIES' CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100. DESCRIPTIONS OF OR REFERENCES TO PRODUCTS, SERVICES, OR PUBLICATIONS ON THE SYSTEM DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. SOUTHSTAR MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. SOUTHSTAR SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE.
SouthStar reserves the right to do any of the following at any time without notice: (i) modify, suspend, or terminate operation of or access to the System, or any portion of the System, for any reason; (ii) modify or change the System, or any portion of the System, and any applicable policies or terms; and (iii) interrupt the operation of the System, or any portion of the System, as necessary to perform routine or non-routine maintenance, perform error correction, or make other changes.
You agree to indemnify, defend and hold SouthStar, and the officers, directors, employees, agents, and representatives of SouthStar, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys' fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the System or SouthStar, your access to and use of the Content, the System, and other materials, products, and services available on or through the System and SouthStar, your violation of these Terms of Use, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.
The System could include technical inaccuracies or typographical errors. SouthStar shall have no liability in connection with any such inaccuracies or errors, nor shall SouthStar have any obligation to identify and/or correct any such inaccuracies or errors.
All responsibility or liability for any damages caused by viruses contained within the electronic files or on the System is disclaimed.
For your convenience, certain hyperlinks may be provided on the System that link to other websites which are not under the control of SouthStar. SouthStar does not endorse or sponsor such websites and is not responsible for the availability, accuracy, content, or any other aspect of such websites. SouthStar disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of other websites, and any purchases of products or services, volunteering of time or services, or making of charitable contributions through other websites, is subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against SouthStar arising from or based upon any such use of other websites. Hyperlinks to other websites that are provided on the System do not imply that: (a) SouthStar is affiliated or associated with any linked sites; (b) SouthStar is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of SouthStar.
Neither you nor any other website may link to the Website without the permission of SouthStar. In any event, without our express, prior, written permission, it is expressly prohibited to: (a) "deep link" to any page of the Website other than the home page of the Website; (b) "frame" the Website or any Content or otherwise cause the Website or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Website, or the Website or any Content, to be displayed in any way that is disparaging to SouthStar or any entity that is affiliated or associated with SouthStar; or (d) otherwise imply or state that any type of relationship or special arrangements exist with SouthStar and any other entity. You agree that you will promptly remove any hyperlink to the Website upon the written request of SouthStar. In no event will you use any logo or trademark of SouthStar as a hyperlink "button," or in any other manner, without SouthStar's express written consent.
The System may contain offers for sale of merchandise or services not provided by SouthStar. Such merchandise and services may be obtained only by linking to the applicable merchant's website in order to make the transaction. Terms of the offer shown on the System, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant's website. Differences in the terms of an offer between the System and a merchant's website will be governed by the terms shown on the merchant's site. SouthStar is not responsible or liable for any such differences or discrepancies or the performance of any products or services obtained via such third party website.
Certain features or services offered on or through the System may require you to open an account (including establishing a login ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify SouthStar immediately upon learning of any unauthorized use of your account, login ID, or password or any other breach of security. However, you may be held liable for losses incurred by SouthStar or any other user of or visitor to the System due to another person using your account, login ID, or password.
You may not use any other user's account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. SouthStar cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
We may monitor and search any communications or data transiting or stored on this information system. At our sole discretion, we may share pertinent information with the U.S. Government and its authorized representatives to protect the security of critical infrastructure, to ensure information security, or to comply with any applicable law, regulation, or legal process.
These Terms of Use and the Privacy Policy referenced herein (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to and use of the System and the Content. You agree that you shall not contest the admissibility or enforceability of SouthStar's copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and SouthStar. SouthStar may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the prior written consent of SouthStar. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the System and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the System, the Content, or any other information or materials on the System in violation of the aforementioned laws or these Terms of Use.
To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by SouthStar shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved.
You agree that any violation, or threatened violation, by you of these Terms of Use, or the referenced Privacy Policy, constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
The System is maintained, operated, and controlled by SouthStar in the State of Georgia. Except as required by applicable law or regulation, these Terms of Use shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws, principles or rules. Except as required by applicable law or regulation, any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the System or the Content must be commenced within one year after the cause of action arises. Except as required by applicable law or regulation, you hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Fulton County, Georgia for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use, the Privacy Policy referenced herein, or otherwise related to or in connection with your access to and use of the System, the Content, and the materials, products, and services available on or through the System or through SouthStar. You further expressly waive any claim that venue is improper for any reason in these courts. Notwithstanding the foregoing or anything herein to the contrary, any legal or regulatory action relating to the goods and services provided to you by SouthStar shall be governed by the terms and conditions applicable to such goods and services.
These Terms of Use were last updated on August 5th, 2019.