Terms Of Use

Welcome to the web site of National Fuel Gas Company and its affiliated and subsidiary companies (“National Fuel”). By using this web site, you agree to comply with and be bound by the following terms and conditions (the “Terms”). Please review these Terms carefully and in their entirety. These Terms govern your access to and use of www.nationalfuel.com, including any content, functionality, and services offered on or through www.nationalfuel.com and its subdomains, which shall include, but not be limited to, customer accounts which offer our customers online payment options and account management. Collectively, all services, content, and functionality associated with www.nationalfuel.com shall be referred to as the “Site” in these Terms.

If your use of the Site is subject to the provisions of an effective service agreement or tariff or applicable laws, rules or regulations (“Other Provisions”), then these Terms shall apply only to the extent not inconsistent with Other Provisions. We may revise and update these Terms from time to time in our sole discretion. You should visit this web page periodically to determine the current terms and conditions to which you are bound. If you do not agree with these Terms, you are not granted permission to use the Site and should exit immediately.

THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND NATIONAL FUEL CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, INSTEAD OF CLASS ACTIONS OR JURY TRIALS. PLEASE SEE THE ARBITRATION SECTION FOR MORE INFORMATION REGARDING ARBITRATION AGREEMENT.

This Site is offered and available to users who are eighteen years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with National Fuel. If you do not meet this requirement, you must not access or use the Site.

Electronic Bill Presentment And Payment, And Other Online Services

To the extent you utilize National Fuel’s online services, including but not limited to electronic bill presentment and payment and other available services, you understand, consent to and will adhere to the details, terms and conditions of these services as mandated and conveyed to you by National Fuel. You further acknowledge that there cannot be a guarantee that communications or transactions conducted online will be without error, timely or absolutely secure, and that there may be system or other failures that may limit your ability to use the online services as intended or at all. You agree to hold National Fuel harmless and to assume all risk and liability arising from your use of National Fuel’s online services. National Fuel reserves the right to accept or deny your request to participate in any of its online services.

In order to use National Fuel’s online services you are required to complete the enrollment process by providing us with certain information. As part of this process you agree to furnish National Fuel with current, accurate and complete information. You agree to notify National Fuel immediately of any changes in your registration data. By enrolling to use National Fuel’s online services you authorize us to follow any payment or other instructions we receive through our online systems with respect to your account and/or information. By enrolling to use the bill presentment and payment services you explicitly acknowledge and agree that you may receive your National Fuel bill and related documents electronically and not in writing. You further acknowledge that you are able to receive and access this information in electronic form and that in the event that you are unable for any reason to receive and access information electronically you will so inform National Fuel immediately.

You are solely responsible for maintaining the confidentiality of your password, ID or other secure codes, and you agree that National Fuel has no obligations in that regard. Furthermore, you are entirely responsible for any and all activities that occur under your National Fuel account. You agree to notify National Fuel immediately upon your discovery of any unauthorized use of your account and any other breach of security. National Fuel will not be responsible for any loss you or anyone else may incur as a result of misuse of your password, ID, personal data, banking or financial information or National Fuel account either with or without your permission.

When as part of the required enrollment process for use of this web site’s online services you click on the “I Agree” button located at the end of these terms and conditions you indicate your understanding of and agreement with these terms and conditions. Further, by clicking “I Agree” you acknowledge that a binding agreement has been created between you and National Fuel with respect to the terms and conditions and all documents incorporated by reference therein. National Fuel reserves the right to modify the terms and conditions and other language on its web site, including those relating to electronic bill presentment and payment and other online services, at any time. Your continued use of these services and National Fuel’s web site constitutes your agreement to all such terms, conditions and language.

Copyright And Trademark Notice

The contents of the Site, including text, images, logos, organization, graphics, photos, design, compilation and icons, are protected under applicable copyright, trademark and intellectual property law. “National Fuel” and the “National Fuel” logo are trademarks and service marks of National Fuel. Unauthorized use is strictly prohibited. All other trademarks, service marks and logos used in the Site are the trademarks, service marks or logos of their respective owners. All pages within the Site are the property of National Fuel. You are not granted license under any copyright, trademark, service mark, patent or other intellectual property or proprietary right in the content of the Site. Downloads, copies or mirrors of the Site are forbidden without prior consent from National Fuel. Under no circumstances will you obtain any rights in the products, services, processes or technology described in the content of the Site. All those rights are retained by National Fuel and any third party owners of those rights

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To impersonate or attempt to impersonate National Fuel, a National Fuel employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm National Fuel or users of the Site, or expose them to liability.

Additionally, you agree not to:

• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Site.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

Forward-Looking Statements

From time to time, National Fuel may publish or otherwise make available “forward-looking statements” as defined by the Private Securities Litigation Reform Act of 1995. Please read the Disclosures Regarding Forward-Looking Statements for an understanding of what forward-looking statements are, and for National Fuel’s use of such statements. These Disclosures are incorporated by reference, as if set forth fully herein.

Privacy Policy

National Fuel has a Privacy Policy disclosing the information we collect about visitors the Site, how we use such information and the steps we take to secure and maintain the confidentiality of that information. You should read the Privacy Policy carefully, and you should visit this web page periodically to determine the current privacy policy to which you are bound. The Privacy Policy is incorporated in these Terms by reference, as if set forth fully herein.

Warranty Disclaimer

THE SITE, THE INFORMATION, MATERIALS AND SERVICES ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED BY NATIONAL FUEL ON AN “AS IS” AND “AS AVAILABLE” BASIS. NATIONAL FUEL IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN, LINKED TO OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

NATIONAL FUEL EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED OR REFERRED TO ON THE SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AS WELL AS ANY WARRANTY OF QUALITY, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR OPERABILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND RESPONSIBILITY.

THE INFORMATION AND SERVICES ON THE SITE MAY CONTAIN BUGS, INACCURACIES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NATIONAL FUEL DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR E-MAIL SENT FROM NATIONAL FUEL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NATIONAL FUEL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM USE OF THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE FORGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR  LIMITED UNDER APPLICABLE LAW.

Limitation On Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NATIONAL FUEL, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY ARISING OUR OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Information on the Site is current only at the time it is posted and any information presented on the Site may be out of date. National Fuel disclaims any duty to update the information on the Site. National Fuel further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of services, information or material included on the Site. National Fuel is not responsible for technical, hardware or software failure of any kind in relation to use the Site. Content on the Site may include inaccuracies or errors, and National Fuel is not responsible for any reliance you may place on that content. Any claim or cause of action brought by you against National Fuel must be instituted within one year after the claim or cause of action arises or be deemed forever waived and barred.

Third Party Links

the Site may, from time to time, contain links to third party web sites for the convenience of users in locating information and services that may be of interest. National Fuel is not responsible for the content, products, services, policies or opinions expressed or referenced in such web sites, and such web sites are not monitored, investigated or checked for completeness or accuracy by National Fuel. National Fuel does not endorse, approve, recommend or sponsor any of the information, products or services contained on the linked web sites. National Fuel is not liable, directly or indirectly, for any damage whatsoever caused by or in connection with the use of or reliance on any content, products, or services available on the linked web sites. When you click on the links to third party web sites you are leaving the Site and accessing these third party web sites at your own risk. To the extent that third party web sites link to the Site, permission to do so must be obtained from National Fuel prior to establishment of the link. National Fuel does not monitor or control the content of any web sites linked to the Site and, therefore, we are not responsible for the products, services or content of any web site linked to the Site or these Terms or privacy practices employed by those other sites.

Modifications And Termination

National Fuel at its discretion may modify, terminate, remove or discard any content within the Site without notice unless prohibited by applicable law, rule, regulation or tariff provision. National Fuel reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site. National Fuel may terminate or suspend your access to the Site for any or no reason, including without limitation in the event that you violate these Terms, or for any reason whatever.

Arbitration and Class Waiver

PLEASE READ THIS SECTION CAREFULLY AS IT SETS FORTH HOW DISPUTES BETWEEN YOU AND NATIONAL FUEL WILL BE RESOLVED.  EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO SUCH WAIVER.

At National Fuel’s sole discretion, it may require you to submit any disputes arising from these Terms or your use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law, with such arbitration taking place in Erie County, New York.

Indemnification

You agree to defend, indemnify and hold harmless National Fuel, and all of its respective directors, officers, employees, representatives, shareholders, agents, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the Site, your violation of these Terms , including, but not limited to any use of the Site’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Site.

Governing Law And Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. By accessing, viewing or using the Site you consent to the exclusive jurisdiction of the federal and state courts sitting in the County of Erie in the State of New York for the purpose of resolving any dispute arising therefrom (unless National Fuel exercises its right, as set forth above, to submit a dispute to binding arbitration, in which case you agree that such arbitration will be held in Erie County, New York), and you agree to accept service of process by mail, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Prior Or Contemporaneous Terms And Conditions

These Terms are the only terms and conditions between National Fuel and you, and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these terms and conditions shall take precedence.

Severability

In the event that these Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the remaining terms and conditions remain in full force and effect.

Assignment

You may not assign this agreement to any other party without National Fuel’s prior, written permission.

No Waiver

National Fuel shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by a duly authorized representative of National Fuel. No delay or omission by National Fuel in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Captions

The captions or headings of sections in these Terms are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this agreement.

Additional Questions

If you have any questions or comments regarding these Terms, please contact us.