Terms and Conditions
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.
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.
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.
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.
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.
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.