TERMS OF USE AND SERVICE

Each person or organization ("Member") maintaining and/or using the LocalPropaneService.com internet site and platform is bound by the terms and conditions of this Terms of Use and Service (this "Agreement"). Before logging in to use or administer this website, you must acknowledge the LocalPropaneService.com Terms of Use below:

Localpropaneservice gives the general public ("Users") and propane distributors and suppliers and other third parties associated with Localpropaneservice ("Members"), the ability to use, research, investigate, advertise, maintain, create and display World Wide information on pricing, distribution and supply of liquefied petroleum gas ("propane") using the Localpropaneservice platform (the "Service"). The following Terms of Use and Service govern the Users and Member's use of the Service.

  1. Conditions of Use

  1. The Service is provided on an "AS IS" and "AS AVAILABLE" basis, and is provided without any warranty of any kind, whether express or implied (all of which are hereby expressly disclaimed by Localpropaneservice). The Service is provided at LocalPropaneService sole discretion, and Localpropaneservice reserves the right to terminate or change the Service, or the Users or Members ability to use the Service, at any time for any reason or no reason (including, without limitation, in the event the User or Member fails to comply with the terms of these Terms of Service or any additional policies or procedures regarding use of the Service).

  2. The User and Member will comply with these Terms of Use and Service and any additional policies and procedures regarding use of the Service that Localpropaneservice may issue from time to time. Localpropaneservice may revise, modify or replace these Terms of Use and Service or any applicable policies or procedures at any time upon notice to the User or Member (which may be in electronic format); if the User or Member does not agree to any such changes to these Terms of Use or applicable policies or procedures, then the User or Member's only option and remedy is to immediately cease all use of the Service. Any continued use of the Service following notification of any revisions, modifications or replacements to these Terms of Service or any applicable policies or procedures will be deemed to constitute the User's or Member's acceptance of such changes.

  3. The User or Member is responsible for, and bears all risk arising out of, all information, data, text, software, music, sound, photographs, graphics, video, messages, links to other websites (and all use thereof and content thereon) or other materials (individually and collectively, "Content") that the User or Member, someone using the User's or Members account, or the Members Users display on or transmit with the Member Site. Localpropaneservice and its designees shall have the right (but not the obligation) in their sole discretion to refuse to post or to remove any links to content that is displayed or proposed to be displayed on the Member Site. The Member is responsible for and will defend, indemnify and hold Localpropaneservice and its officers, directors, employees, agents, volunteers and other officials harmless from and against any and all claims, actions, losses, damages, liabilities, costs and expenses of any kind or nature directly or indirectly relating to any content or any use of the service that any User or Member or its employees, agents, volunteers or account Users may undertake. Without limiting the foregoing, Localpropaneservice may, in its discretion assign in the Members name certain user IDs and passwords ("User IDs") that enable access and use of the Service, and the Member will (i) keep such User IDs confidential, (ii) not allow any use of the Service through such User IDs other than by the Member Organizations employees, agents, volunteers or authorized account Users, and (iii) remain solely and completely liable and responsible for all use of the Service made in connection with such User IDs.

  4. The User or Member will comply with all applicable laws, rules and regulations concerning any Content and/or the Member's use of the Service (including use of the Service by the Member's employees, agents, volunteers and account Users).

  5. The User or Member acknowledges that Localpropaneservice may add, revise, modify and replace its own content and content of other third parties (including, without limitation, advertisements, promotions, notices and other materials) on the Localpropaneservice Site ("Localpropaneservice Directed Materials") at any time without notice to the User or Member, and only Localpropaneservice shall control the Localpropaneservice directed materials. The User or Member will not receive any compensation arising out of any Localpropaneservice Directed Materials. Without limiting the generality of Section 1(c) above, the Member is responsible for any advertising that it displays on its Member Site. Localpropaneservice does not receive any of the revenue the Member Organization receives from the advertising it may choose to display on its Member Site.

  6. LocalPropaneService.com does not investigate the service or safety records of any advertisers appearing on this website. LocalPropaneService.com does not endorse or assume any liability for the products and services provided by the propane companies advertising on ths website. Each consumer is strongly encouraged to thoroughly investigate and verify each advertisers service and safety record as well as active liability insurance coverages prior to ordering products or services.

  1. Privacy

Without limiting any of the User or Member's obligations pursuant to Section 1, the User or Member shall not do anything that could be a violation of the Localpropaneservice Web Privacy Policy (which is available through the Localpropaneservice Web site home page) or any other applicable federal or state privacy policy, laws, rules or regulations.

  1. Prohibited Acts

The User or Member shall not use the Service and shall not allow the Service to be used to: upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; upload, post or otherwise transmit any Content that the Member does not have a right to upload, post or transmit under any law or under any contractual or fiduciary obligation or restriction; upload, post or otherwise transmit any material that contains software viruses or any other kinds of harmful computer code; or intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.

  1. LIMITATION OF LIABILITY

THE MEMBER AND USERS EXPRESSLY UNDERSTAND AND AGREE THAT LOCALPROPANESERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF THE MEMBERS TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR ANY OTHER MATTER RELATING TO THIS AGREEMENT OR THE SERVICE (EVEN IF LOCALPROPANESERVICE OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR WARRANTY).

  1. Miscellaneous

This Agreement constitutes the entire agreement between the User and Member and Localpropaneservice pertaining to the Service. This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. The User or Member and Localpropaneservice hereby submit to the personal and exclusive jurisdiction of the federal and state courts located within the City and County of Sacramento, California with regard to any dispute arising out of or relating to the Service or these Terms of Service, and the parties hereby consent to the jurisdiction, venue and convenience of such courts.

  1. Current Localpropaneservice Policies and Procedures

LocalPropaneService - current policies and procedures are summarized as follows:

  1. Members are required to promptly (within 48 hours of any change) update contact information and authorized suppliers of content provided to Localpropaneservice.

  2. Members are required to promptly (within 48 hours) investigate and forward complaints regarding the Service or sites of Members. Only Members in good standing with Localpropaneservice are permitted to utilize the Service.

  3. No information may be collected online from Users under the age of majority.

  4. No financial or payment information (including, without limitation, credit card numbers) may be collected on the Service by Members. Any payment transactions with Users must be conducted off of the Member's site by a secured method (e.g., PayPal, VeriSign, Inc.) pursuant to an arrangement between the Member and and User.

  5. No social security numbers, drivers license numbers or similar information may be collected on the Service.

Other policies and procedures are currently being contemplated and will be added as updates in accordance with the above notification procedure.

Use of this Web site constitutes acceptance of the Terms of Use / Privacy Policy.
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