Terms of Use
These Terms of Use explain the contractual agreement between you, who uses this web
site and agrees to these Terms of Use ("you", "your"), and EQT
Corporation and its subsidiaries and affiliates, excluding Equitable Gas Company,
LLC ("EQT", "we",
"us", "our") regarding your use of this web site (“EQT Web Site”)
and activities and purchases conducted through the EQT Web Site.
We recommend that you print a copy of these Terms of Use for your records. If you
have questions regarding Terms of Use, please click on "Contact
Us" and select Customer Service Inquiry. Choose Marketing as your topic
and detail your request.
1. "Agree"
By using this site, you signify your acceptance of these Terms of Use. Furthermore,
at various times within the EQT Web Site you may be required to click “Submit” or
similar buttons to register and participate in certain activities or to make purchases.
Your act of “clicking” the button signifies your further acknowledgement and agreement
with these Terms of Use. We will try to remind you at various times of these Terms
of Use and your agreement with them, and you are encouraged to review them often.
Please note, however, that our failure on any web page to make specific notice of
these Terms of Use does not mean that they are not applicable. These Terms of Use
apply to the entire web site and all functionality, features and content offered
by us through this web site. If you are dissatisfied with these Terms of Use, your
sole remedy is to discontinue your use of this site.
2. Privacy
We recommend that you review our
Privacy Policy which is part of these Terms of Use. If at any time you are not
in compliance with the policy, we have the right to terminate your rights of use
and access to the EQT Web Site. Unfortunately, we cannot insure that all personal
information will never be disclosed in ways not otherwise described in the Privacy
Policy. We may be required by law to disclose information to government authorities,
law enforcement or to third parties upon subpoena, and you authorize us to disclose
information as we believe, in our sole discretion, is necessary or appropriate.
3. Product, Program and Service Terms and Conditions
We may offer various products, programs and services for use and/or purchase through
the EQT Web Site. Some of these products, programs and services may be governed
by additional Terms and Conditions, which supplement and are a part of these Terms and
Use as applicable. We recommend that you review the applicable Terms and Conditions, either located here or as otherwise
provided by us to you.
4. Updates and Changes to the Terms of Use
We reserve the right, at any time, to modify, alter, update, or remove portions of
the EQT Web Site, including these Terms of Use, so please check them (including
our
Privacy Policy and all other product, program and service Terms and Conditions) from time to time as your continued
use of the site after a change has been made signifies your acceptance of any changed
items. If you have registered with us and provided an email address, we may choose
to send you an email when these Terms of Use, our
Privacy Policy or any of our product or program Terms and Conditions are changed. We may also add, delete or modify
some or all of our products or services at any time. You may only amend these Terms
of Use with a writing signed by both of us.
5. Disclaimers of Warranties
Web Site. THIS SITE IS PROVIDED BY US "AS-IS"
WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. WE SPECIFICALLY DISCLAIM ANY
AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES
AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR
COURSE OF DEALING.
Products. All products
sold by us through the EQT Web Site are third-party products and are subject to
any applicable warranties and representations of their respective manufacturer and/or
distributor. ACCORDINGLY, WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR
IMPLIED, WITH RESPECT TO ANY PRODUCT SOLD, INCLUDING BUT NOT LIMITED TO: (1) ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION,
PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT,
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES
ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. However, we will
accept product returns in the manner outlined in our return policy outlined below.
All returns, replacements, technical service, and support for third party products
must be handled directly with the manufacturer. Note that manufacturer warranties
vary on each product.
Programs and Services.
Programs and services sold by us (or through third party independent contractors
arranged by us) through the EQT Web Site are subject to the warranties and representations,
if any, outlined in the Terms and Conditions applicable to that program and/or service. Unless otherwise
expressly provided for in the applicable Terms and Conditions, WE MAKE NO REPRESENTATION OR WARRANTY,
EXPRESS OR IMPLIED, WITH RESPECT TO ANY PROGRAM OR SERVICE SOLD, INCLUDING BUT NOT
LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS,
OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE,
WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
Furthermore, termination or cancellation of any program or service and payment refunds,
if any, are governed by the applicable Terms and Conditions.
THESE DISCLAIMER OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY TO PERSON OR
PROPERTY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY
OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL
OF THESE DISCLAIMERS, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH STATES,
WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
6. Limitation of Liability
Web Site. NEITHER WE NOR ANY OF OUR EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD
PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF USE OF THE EQT WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE EQT WEB
SITE. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THE EQT WEB SITE
EXCEED US$100.
Products. All products
sold by us through the EQT Web Site are third-party products and are subject to
any applicable limitation of liability provisions of their respective manufacturer.
REGARDLESS, NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS,
OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING AS A RESULT OF SUCH PRODUCTS. FURTHERMORE,
IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS EXCEED
AMOUNTS ACTUALLY PAID BY TO YOU US FOR SUCH PRODUCT.
Programs and Services.
Programs and services sold by us (or through third party independent contractors
arranged by us) through the EQT Web Site are subject to the limitation of liability
provisions outlined in the Terms and Conditions applicable to that program and/or service.
Unless otherwise expressly provided for in the applicable Terms and Conditions, NEITHER WE NOR ANY OF OUR EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD
PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING AS
A RESULT OF SUCH PROGRAMS OR SERVICES, AND IN NO EVENT SHALL OUR LIABILITY WITH
RESPECT TO SUCH PROGRAMS OR SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO
US FOR SUCH PRODUCT WITHIN THE THREE (3) CONSECUTIVE CALENDAR MONTHS PRECEDING THE
ACTIONS OR EVENT OUT OF WHICH LIABILITY AROSE.
THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY
TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE,
PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT
ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND
LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DAMAGES SHALL BE DISCLAIMED AND
LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
7. Links
(a) This site may contain links to other sites on the Internet that are owned and
operated by third party vendors and other third parties. We are providing these
links solely as a convenience. The appearance of a link does not imply our endorsement,
nor are we responsible for the content of any linked site. You access linked sites
at your own risk, including reliance on the content contained on or provided by
such links or sites.
(b) Unless you have a written agreement in effect with us which states otherwise,
you may only provide a hypertext link to the EQT Web Site on another web site, if
you comply with all of the following: (a) the link must be a text-only link clearly
marked "EQT" or "www.eqt.com"; (b) the link must "point"
to the URL "www.eqt.com" and not to other pages within the EQT Web Site;
(c) the link, when activated by a user, must display the EQT Web Site full-screen
and not within a "frame" on the linking web site; and (d) the appearance,
position and other aspects of the link must not be such as to damage or dilute the
goodwill associated with our name and trademarks or create the false appearance
we are associated with or sponsor the linking web site. We reserve the right to
revoke our consent to any link at any time in our sole discretion.
8. System Integrity
You may not use any device, software or routine, including but not limited to any
viruses, trojan horses, worms, time bombs or other malicious code, intended to damage
or interfere with the proper working of the EQT Web Site or to surreptitiously intercept
or expropriate any system, data or personal information from the EQT Web Site. You
may not take any action which imposes an unreasonable or disproportionately large
load on our infrastructure, including but not limited to “spam” or other such unsolicited
mass e-mailing techniques and/or denial of service attacks.
9. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations
regarding your use of the site and your purchase of the items on the site. You must
be 18 years or older to use this Web site.
10. User Communications, Feedback and Submissions
The EQT Web Site may have functionality that permits public communication, including
public postings and e-mail links. You agree not to submit, publish, distribute,
or transmit through this site or its e-mail links any content that is libelous,
defamatory, obscene, pornographic, threatening, invasive of privacy or publicity
rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that
would constitute or encourage a criminal or civil offense, violate the rights of
any party, or that would otherwise give rise to liability or violates any law. You
also agree that you will not submit, publish, distribute, or transmit anything through
the site that will violate any right of any third party, including copyright, trademark,
privacy or other personal or proprietary rights.
We do not endorse any informationposted or content contained on the EQT Web Site and
we are not liable for any information posted on the EQT Web Site, including but not limited
to any information posted about you.
We reserve the right to take any action with respect to information posted
on the EQT Web Site which we believe is appropriate in our sole discretion, including
but not limited to removal. However, we cannot, nor do we, control the information
provided by users or content providers which is made available through our system.
By its very nature, other people's information may be offensive, harmful, inaccurate,
or in some cases may be mislabeled or deceptively labeled.
11. Product Information, Sales, Availability, Payment and Returns
All prices displayed on the site are quoted in U.S. dollars and are valid and effective
only in the United States. We charge sales tax on all shipments (other than those
for which we perform installation services) delivered to addresses within the Commonwealth
of Pennsylvania. We reserve the right without prior notice to discontinue or change
specifications and prices on products, programs and services offered on this site
without incurring any obligations (although changes to specifications and pricing
will not affect orders placed prior to the change).
All products displayed on this
site are available while supplies last. Furthermore, not all products, programs
and services are available in all areas. Please confirm availability prior to purchasing
any product, program or service. We reserve the right to cancel a sale, issue a
return authorization for merchandise that is unexpectedly out of stock, does not
conform to specifications, is advertised or shipped in error or is outside our service
territory. We reserve the right to limit the order quantity on any item and/or refuse
service to any customer without prior notification. The appearance of products,
the actual colors and images you see will depend on your monitor and may not be
accurate. Descriptions of, or references to, products or services on the EQT Web
Site do not imply endorsement of that product, program or service, or constitute
a warranty, by us.
Third party products purchased through the EQT Web Site may be
returned within 30 days after shipment but prior to installation, by contacting
us as indicated in Section 17 below to coordinate the product return with the third
party manufacturer. No product return will be accepted without a valid RMA#. After
30 days or after installation, all warranties and terms will be noted from a link
in the product description.
12. Ownership
The EQT Web Site and all intellectual property rights included in or related to the
EQT Web Site (including but not limited to copyrights, trademarks, service marks,
domain name rights, patents and data rights), are owned or licensed by us, and all
right, title and interest in the EQT Web Site and the intellectual property rights
remain our property. You may not, and these Terms of Use do not give you permission
to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative
works with respect to the EQT Web Site.
You may not remove any copyright, trademark
or other intellectual property or proprietary notice or legend contained on the
EQT Web Site or its content. Those trademarks, trade names, and service marks and
all other EQT trademarks, trade names, and service marks are proprietary to EQT,
and may not be used in connection with any product or service without our written
permission. All other trademarks, product names, and company names and logos are
the property of their respective owners.
13. Termination of Usage
These Terms of Use are in force until terminated by either you or us. You may terminate
these Terms of Use solely by discontinuing your use and access to the site. We may
terminate these Terms of Use, or suspend your access to all or part of the EQT Web
Site, without notice, for any conduct that we, in our sole discretion, believe is
disruptive to the site or is in violation of any applicable law or these Terms of
Use. In the event of termination or expiration of these Terms of Use for any reason,
the provisions of Sections 5, 6, 7, 8, 12, 13, 14, 15, 16 and 17 shall survive.
14. Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all
claims, demands, actions, costs, liabilities, losses and damages of any kind (including
attorneys’ fees) resulting from your breach of any provision of these Terms of Use
and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned
on our: (a) immediately notifying you in writing of any such claim, demand, action,
cost, liability, loss or threat of any thereof; (b) cooperating with you in the
defense or settlement thereof; and (c) allowing you to control such defense or settlement.
We shall be entitled to participate in such defense at our own cost and expense.
15. Governing Law and Jurisdiction
This site is controlled and operated by us from our offices within the Commonwealth
of Pennsylvania, United States of America. Although it may be technically accessed
from all 50 states as well as from other countries around the world, you agree that
your use of the EQT Web Site shall be construed to be made from within the Commonwealth
of Pennsylvania and you agree that these Terms of Use and your use of the EQT Web
Site shall be governed in all respects by the internal substantive laws of the Commonwealth
of Pennsylvania, without regard to conflict of laws provisions. We specifically
disclaim the applicability of the United Nations Convention on the International
Sale of Goods and the Uniform Computer Information Transactions Act. You further
submit to jurisdiction and venue in the state and federal courts located in the
Commonwealth of Pennsylvania, Allegheny County and further agree that any cause
of action you may bring arising under your use of the EQT Web Site or any product,
service or program purchased by you through the EQT Web Site shall be brought by
you exclusively in a state or federal court located in the Commonwealth of Pennsylvania,
Allegheny County.
16. Other General Provisions
No agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms of Use between you and us. These
Terms of Use are an agreement between you and us and are not intended to be for
the benefit of any third party.
If any provision of these Terms of Use is held to
be invalid or unenforceable, such provision will be struck and the remaining provisions
enforced. Headings are for reference purposes only. Our failure to act with respect
to a breach by you or others does not waive our right to act with respect to subsequent
or similar breaches.
We reserve the right to report any wrongdoing, if we become
aware of it, to the applicable government agencies or otherwise. These Terms of
Use, and all writings and web pages incorporated by reference into these Terms of
Use, set forth the entire understanding and agreement between us with respect to
the subject matter hereof.
17. How to Contact Us
EQT Corporation
Attn: Legal Department
225 North Shore Drive
Pittsburgh, PA 15212
USA
Last Updated 05/14/2009