Legal Terms and Conditions of Use and Notices

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.  This Web site and related functions and services are operated and maintained by Columbia Gas of Kentucky, Inc. (“Columbia”), with its main office located at 2001 Mercer Road, Lexington, Kentucky.  By using this Web site, you agree to be bound by and to use the Web site in strict accordance with these Terms and Conditions. If you do not agree to these terms, you may not access or otherwise use this Web site.

Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Columbia, in its sole discretion, may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Your continued use of this Web site following the posting of any such changes will act as your acceptance of the changes.

Columbia’s customer service forms are not secure. Columbia is not responsible for technical, hardware or software failures of any kind in relation to any use of this Web site. Columbia cannot know when problems rise on the Internet, or when equipment incompatibilities distort messages.  Columbia is not responsible for incomplete, distorted or delayed computer transmissions. Under no circumstance will Columbia be liable for damages resulting from the use of the information or interactive forms on this site.

Links to Other Sites:

Columbia makes no representations whatsoever about any other Web site which you may access through this Web site. Such links are meant for the user’s convenience only. Columbia has no 
control over, and is not responsible for the content found on any external sites that are not owned by Columbia. Links to other sites do not constitute sponsorship, endorsement or approval of these sites or the content on these sites.  It is up to the user to take all necessary precautions to ensure that whatever site you access is free of such items as viruses and other similar items of a destructive nature.

Reference on the Web site to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacture, supplier or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation of Columbia. Product and service information are the sole responsibility of each individual vendor.

Restrictions on Use of Materials

This site is owned and operated by Columbia. No material from this Web site or any Web site owned, operated, licensed, or controlled by Columbia may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Columbia’s written consent, except that you may download one copy of materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Columbia’s proprietary rights.  For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited unless Columbia has consented to such use. All trademarks, service marks, and trade names are proprietary to Columbia.

DISCLAIMER:

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COLUMBIA DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  COLUMBIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  COLUMBIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU, AND NOT COLUMBIA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY:

IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL COLUMBIA BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER-LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL COLUMBIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

Jurisdictional Issues:

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting programs and products available in the United States. This site is controlled and operated by Columbia from its offices within the Commonwealth of Kentucky, located in the United States of America. Columbia makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Other:

These terms and conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without giving effect to any principles of conflicts of law. If any provision of these terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

LAST UPDATED: 11/01/01