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Legal Terms Of Use


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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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