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Terms of Use
These Terms of Use are an agreement between Firefly Propane,
LLC (“Firefly”) and you. By accessing, browsing
and using the website, you agree to accept and abide by these
Terms of Use. If you do not agree to accept and abide by these
Terms of Use, you may not access or use the website.
Firefly has the right, in its sole and absolute discretion,
to modify part or all of these Terms of Use at any time. Any
change will be effective when notice of the updated Terms
of Use are posted. Please review these Terms of Use frequently
for updates. Your continued access, browsing or use of the
website after any such changes are posted will constitute
acceptance of these changes.
1. Proprietary Rights
All works, content and materials on the website, including,
without limitation, all information, text, design, graphics,
images, drawings, code and software (the "Materials")
and all organization and presentation of the Materials that
form a part of the website are the exclusive property of Firefly
or its licensors and are protected by intellectual property
laws relating to copyrights, trademarks, trade names, internet
domain names, trade dress and other proprietary rights. Nothing
on the website shall be construed as providing, by implication,
estoppel or otherwise, any license to any proprietary or intellectual
property rights in or to any of the Materials to you or any
other party, except as expressly granted in these Terms of
Use.
The trademarks, service marks, logos, slogans and internet
domain names on the website (whether registered or unregistered)
are the exclusive property of Firefly or its licensors. Use
of any such intellectual property, except as expressly authorized,
shall constitute a violation of the rights of the owner of
the intellectual property.
2. Permitted Uses
You agree that you shall:
a. not copy, reproduce, republish, upload, post, transmit
or distribute the Materials from the website in any way, except
that you have the right to download one copy of the Materials
on any single computer, for your personal, non-commercial
use only, provided that you keep intact all copyright, trademark
and proprietary notices;
b. use the Materials solely for lawful purposes;
c. not create derivative works from, exploit or modify the
Materials in any way;
d. not interfere with the security of, or otherwise abuse
the website or any system resources, services or networks
connected to or accessible through the website; and
e. acknowledge that the unauthorized use of the Materials
may cause irreparable harm to Firefly and that in the event
of an unauthorized use, Firefly shall be entitled to an injunction,
in addition to any other remedies available at law or in equity,
to prevent such irreparable harm.
3. Personal Information
Although Firefly's business requires that Firefly collect
personal information about our customers, we take reasonable
measures to ensure the privacy and confidentiality of that
information. Firefly collects, maintains and uses personal
information in order to provide products and services that
best meet the needs of our customers. In doing so, we respect
the privacy of our customers and recognize the need to reasonably
safeguard their confidential information in our possession.
We reasonably maintain the confidentiality of any personal
information which customers provide to us. In handling customers’
confidential information, Firefly endeavors to keep customer
information current and accurate and to safeguard it from
unauthorized access. Except as required by law, Firefly does
not disclose customer information to third parties. By entering
your personal information on the website, you consent to our
collection, use and disclosure of such information for the
foregoing purposes.
4. No Endorsement of Third Parties
The website contains third-party information and links to
other internet sites. However, these links are provided only
as a convenience to you and should not be considered an endorsement
of those sites. Wherever practical, such information is marked
accordingly. Such links will take you out of our web site
and Firefly takes no responsibility whatsoever for such third-party
information or the materials contained on other Internet sites.
5. Viruses
Firefly assumes no responsibility and shall not be liable
to you or to any other party for any damages to or any viruses,
"Trojan horses", "worms" or other harmful,
disruptive or destructive files or computer programs that
may infect your computer equipment or other property on account
of your access to, use of or browsing on the website or your
downloading of any the Materials from the website.
6. E-mail Communication
You may contact Firefly through the website by e-mailing to
info@ fireflypropane.com. You acknowledge and agree that the
internet is not a fully secure medium and that any e-mail
messages sent may be lost, intercepted or altered. Firefly
is not liable for any damages arising from e-mail messages
sent to us on the website. With respect to any information
and materials provided to Firefly through the website, you
acknowledge and agree that:
a. the information and materials become the property of Firefly
and are not confidential; and
b. Firefly has no obligation regarding such information and
materials and may use, reproduce and disclose same for any
purpose.
7. Indemnity
You agree at all times to indemnify, defend and hold harmless
Firefly and its affiliates, subsidiaries, agents, licensors,
suppliers, and their respective directors, officers and employees
against all actions, claims proceedings, costs, demands, damages
and liabilities whatsoever sustained, incurred or paid by
Firefly directly or indirectly in respect of:
a. any information, materials or other content you provide
on or through the website; or
b. your, or any party that you are responsible for or who
accesses or uses the website as a result of you, use or misuse
of the Materials or the website, including, without limitation,
infringement claims.
8. Termination
These Terms of Use are effective until terminated by Firefly,
at any time, with or without notice, in Firefly’s sole
and absolute discretion. Any such termination shall be in
addition to and without prejudice to such rights and remedies
as may be available to Firefly.
9. No Representation or Warranty
THE WEBSITE AND ALL MATERIALS ON THE WEBSITE OR MADE AVAILABLE
THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT
ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS
TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY,
COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, QUALITY, NON-INFRINGEMENT, OR THOSE ARISING FROM A
COURSE OF DEALING OR USAGE OF TRADE.
10. Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE WEBSITE,
INCLUDING, WITHOUT LIMITATION, ANY OF THE MATERIALS CONTAINED
THEREIN. IN NO EVENT SHALL FIREFLY, ITS AFFILIATES, SUBSIDIARIES,
AGENTS, LICENSORS, PARNTERS, SUPPLIERS, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY INCIDENTAL,
INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO
BUSINESS, LOSS OF OPPORTUNITY, LOSS OF INFORMATION OR DATA,
LOSS OF REVENUE OR LOSS OF SAVINGS), EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION
IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE.
11. General
a. The website and the use thereof is governed by and construed
in accordance with the laws of the State of New York without
giving effect to any choice or conflict of laws provision
or rule (whether of the State of New York or any other jurisdiction)
that would cause the application of the laws of any jurisdiction
other than the State of New York. Any action or proceeding
asserting any claim relating to or arising out of the website
or the information set forth herein may only be brought in
the courts of the State of New York, County of Westchester
and each and every user of the website hereby irrevocably
commits to the jurisdiction of such courts (and of the appropriate
appellate courts) in any such action or proceeding and waives
any objection to venue laid therein.
b. These terms and conditions are intended to be severable.
If, for any reason, any provision of these Terms of Use are
found to be invalid or unenforceable, in whole or in part,
in any jurisdiction, it is agreed that the balance of these
Terms of Use shall continue in full legal force and effect
to the extent permissible.
c. Firefly’s failure to insist upon or enforce strict
performance of any provision of these Terms of Use shall not
be construed as a waiver of any provision or right.
d. Should any part of these Terms of Use be declared invalid
or unenforceable by a court of competent jurisdiction, this
shall not affect the validity of any remaining portion and
such remaining portion shall remain in full force and effect
as if the invalid portion of these Terms of Use had been eliminated.
e. These Terms of Use shall inure to the benefit of and be
binding on Firefly and you, and Firefly’s and your permitted
successors and assigns.
f. All rights not expressly granted herein are reserved.
For
a print version click
here.
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888-3THE-FLY
(888-384-3359)
Firefly PropaneTM
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