As of May 12 , 2015

Introduction

You have accessed the website of East Coast Power & Gas, LLC and/or its parents, subsidiaries and affiliates (“ECPG”). For purposes of these terms of use (the “Terms of Use”), the “Website” includes the websites of ECPG located at www.ecenergygroup.com, www.ecmechanicalny.com, www.eastcoastpetro.com/ and www.ecpowerandgas.com, as well as other website ECPG may make available from time to time, including all sub-domains and linked domains to such web sites and any other website that we may own or operate currently or in the future.

Please read these Terms of Use carefully before using the Website. By accessing and using the Website, you unconditionally and without modification agree to these Terms of Use with ECPG. You also agree to review our Privacy Policy by clicking the link at the bottom of the home page of the Website. If you do not agree to the Terms of Use or the Privacy Policy you must stop accessing and using the Website immediately.

Legal Terms and Legal Relationship

The terms “ECPG” “we,” and “our” are used for convenience and are intended to refer to ECPG and/or its affiliates, subsidiaries or related parties either individually or collectively, as the context may require. Please keep in mind that such references and grouping are not intended to suggest that the various companies referred to are not independent corporate entities having separate corporate identities and management.

The terms “partner” or “partnership”, or any derivative thereof, used anywhere on the Website are not to be construed so as to create a legal partnership between any individual or entity and ECPG.

Website and Services

The Website is comprised of various web pages and documents created and maintained by ECPG. While accessing and using the Website, you may be able to order services or pay bills on line or conduct other business with ECPG through the Website (collectively the “Services”). The Website and the Services are offered to you on the condition that you accept, without modification, the terms and conditions contained in this Terms of Use and the accompanying privacy policy. Your use of the Website and Services constitute your agreement to all such terms and conditions. We reserve the right to revise, limit, suspend, delete or terminate any content, design, feature of the Website or Services any time and without any notice.

Changes To Policies

ECPG may revise and update the Terms of Use, Privacy Policy or any other policy in connection with the Website and Services at any time and without any notice. Therefore, it is your responsibility to periodically review the Terms of Use posted.

Your continued use of the Website and Services will mean acceptance of any such changes.

Privacy

We know that many users of the Website are concerned about the information they may provide and how we may collect and use information. Our Privacy Policy governs the collection, use, retention and disclosure of information you provide, that we gather and/or that is available on the Website. For more information, see our Privacy Policy here.

Intellectual Property

The Website, design of the Website, and all content in the Website are protected under U.S. and international copyright laws. The Website is owned by ECPG and, except as specifically stated or otherwise indicated, all Website Content including, but not limited to, trademarks, logos, trade names, product and service names, design marks, slogans, text, data, messages, pictures, images, video, audio, graphics, data compilations, icons, code, links on the Website or other proprietary rights of ECPG is the property of ECPG or third parties and protected by intellectual property laws. No portion of this Website or its contents, including trademarks, logos and service marks, may be reproduced, displayed or used in any form, or by any means, without prior written permission from ECPG or the applicable third party.

ECPG hereby grants to you a limited, non-exclusive, non-transferable, personal, non-commercial, terminable license to view content located on the Website. Please note that the products, technology, documents, materials and/or processes made available through the Website may be the subject of other intellectual property rights and licenses reserved by ECPG or by other third parties.  No other use of the content of the Website is authorized. No license is granted to you or any third party in respect of those intellectual property rights.

Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any other license or right under or to any intellectual property right including, without limitation, any patent, trademark, service mark or copyright of ECPG or of any third party. ECPG and/or any third party owner of such rights hereby retain all such rights. ECPG reserves the right to require you to delete, destroy or otherwise remove any ECPG content that is used in a manner that in ECPG’s sole opinion is contrary or otherwise inappropriate, derogatory or offensive.

You are not permitted to modify, reformulate, adapt, alter, adjust, change, disassemble, frame, decompile, back engineer or decrypt any of the contents of the Website.

Copyright Infringement Notification

Pursuant to the Digital Millennium Copyright Act, and specifically 17 U.S.C. 512 (c)(3), you may submit written notification of copyright infringement to ECPG’s Copyright Agent at the following email address: info@ecpowerandgas.com. Such notification must include at least the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted work at a single inline site are covered by a single notification, a representative of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provide to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; and
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by copyright owner, its agent, or the law or a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Use of the Website

You may use the Website for lawful purposes only. You are prohibited from use on the Website, or transmitting to or through the Website, any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic, hateful or ethnically, racially or otherwise objectionable material, or any material that would contribute to a civil or criminal offense, otherwise violates any law, or which infringes on any intellectual property right.

Any information submitted or communicated to ECPG through use of the Website or Services may, without compensation to you, be incorporated, distributed or otherwise used for any commercial or non-commercial purpose. ECPG is under no obligation to use or post any such information and may remove any information it does post at any time in its sole discretion. Any personal information or data submitted to ECPG through use of the Services or Website is governed by the terms of the Privacy Policy.

Any software provided on the Website or downloaded to your device in connection with the use of the Website and Services is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software.

Accuracy of Information

ECPG makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of any information provided by and through the Website. As such, the Website may contain errors, omissions and inaccuracies. ECPG assumes no liability or responsibility for any such errors, omissions or inaccuracies or any other limitation that may arise in relation to the Website. Furthermore, certain documents and materials, either listed and/or linked to the Website, filed by ECPG with regulatory authorities, may be relevant only as of the dates such documents and materials were filed or otherwise used by ECPG. The contents of such documents or materials may become out-of-date and as such ECPG disclaims any duty to update such documents and materials. All information provided on the Website and linked to and from the Website is provided “As Is” without any representation, warranty or condition as to its accuracy, reliability, completeness or timeliness. The Website content should not be relied upon for any personal or commercial matter.

ECPG may make modifications and/or changes to the Website and/or Services at any time without notice and without recourse to you.

References and Links

The Website may refer to or include links to other individuals, companies, entities, organizations, products or services. We are not responsible for the content of such links do not, and it shall not be implied that we do, endorse or recommend such individuals, companies, entities or organizations or their products or services. Please note that once you leave the Website, our Terms of Use and Privacy Policy no longer apply and you will be subject to the linked party’s policies regarding the use of their web site.

You hereby accept all risks, losses and damages that may result from your use of the forgoing referenced links to entities, products or services.

Inbound Links

Links to this Website may be provided from other web sites either known or unknown to ECPG. Access to any other web site linked to or from the Website is at your own risk. ECPG has not reviewed and is not responsible for the content of any third party web sites linked to or from the Website and does not make any representations regarding the content or accuracy of materials on such third party web sites.

You may link to the Website provided you comply with the following:

  1. You may not create frames around our Website or use any other technique that alters in any way the visual presentation or appearance of the Website.
  2. You may not use our copyrighted information or logos, trademarks or service marks or any of our intellectual property except if you obtained prior written permission.
  3. In linking to the Website, you may not misrepresent your relationship with us. No links to the Website may be used in a manner that implies or suggests that we approve or endorse you, your web site or your goods and services, except as we may have agreed to separately with you in writing.
  4. No link may appear on any page on your web site or within any context containing content or materials that may be interpreted as libelous, obscene, criminal, pornographic, or which infringes or otherwise violates, or advocates the infringement or other violation of, any third party rights.
  5. We may at any time, in our sole discretion, without cause, terminate your right to link to any pages on our Website. In such event upon request, you agree to immediately remove all links to our Website and to cease using any of our marks, if such right was granted. We may also actively block or redirect incoming links as deemed necessary without notice.
  6. You agree to indemnify us, defend us at your sole cost, and hold us harmless from and against any and all claims arising out of or based on such web site including your links.

Loyalty Program

As a way to reward our customers ECPG offers a loyalty program through which our customers can earn reward points by using a unique promotional code and signing up to have ECPG be their energy supplier, renew ECPG as their energy supplier or by referring others to have ECPG become their energy supplier (the “Loyalty Program”). You can find additional information about the Loyalty Program at the web page(s) dedicated to it on the Website. You may also direct any questions by emailing us at: info@ecpowerandgas.com.

The Loyalty Program is administered by a third party provider (the “Loyalty Program Provider”). The Loyalty Program Provider has its own terms and conditions and privacy policy associated with the Loyalty Program. It is your responsibility to understand and agree to those agreements and any other agreement or policy the Loyalty Program Provider may have now or from time to time as a pre-condition to being or remaining a member of the Loyalty Program.

Please be advised that we may choose to discontinue the Loyalty Program or discontinue our association with the Loyalty Program Provider at any time and without notice and as a result you may lose all or portion of the earned reward points. In addition, if you are no longer a customer of ECPG you may lose all or portion of the earned reward points. Furthermore, the Loyalty Program Provider may choose to discontinue, terminate or revise the Loyalty Program, the earned reward points or the ability to earn or redeem any earned reward points and as a result you may lose all or portion of the earned reward points.

ECPG disclaims any and all responsibility in connection with the Loyalty Program. You agree and acknowledge that ECPG has no control over and is not responsible for the maintenance of the earned reward points, redemption of the earned reward points, any available offers through the Loyalty Program or the content made available by the Loyalty Program Provider. You hereby agree that the Loyalty Program Provider is the sole party responsible for any controversy you may have in connection with the Loyalty Program.

Your participation in the Loyalty Program is subject to your promise to indemnify and hold us harmless concerning any controversy in connection with the Loyalty Program, as provided in the indemnification section of these Terms of Use.

If you do not agree with our preceding terms and conditions concerning the use of the Loyalty Program, you may not use the Loyalty Program in conjunction with ECPG including use of any promotional code that may be related to ECPG.

Disclaimer of Liability

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS USED BY YOU STRICTLY AT YOUR SOLE RISK. ECPG MAKES NO REPRESENTATIONS OR WARRANTIES AND DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY CONCERNING THE SUITABILITY, USEFULNESS, COMPLETENESS, RELIABILITY, AVAILABILITY, TIMELINESS OR ACCURACY OF ANY INFORMATION CONTAINED ON THE WEBSITE OR INFORMATION ACCESSIBLE FROM THE WEBSITE, INCLUDING THROUGH LINKS. ALL SUCH INFORMATION IS PROVIDED WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

ECPG MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THE WEBSITE CONTENT, THE ACCURACY OF THE WEBSITE CONTENT, OR THAT THE WEBSITE CONTENT OR CONTENT ACCESSIVKE THROUGH LINKS IS VIRUS-FREE.

THE USER ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE WEBSITE AND WEB SITES ACCESSIBLE THROUGH LINKS. ECPG DISCLAIMS ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THE WEBSITE OR THROUGH LINKS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS IMPLIED BY STATUTE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL ECPG BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, REVENUE, PROFITS, WHETHER RESULTING FROM AN ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION ON THIS WEBSITE OR INFORMATION ACCESSIBLE FROM THE WEBSITE, INCLUDING THROUGH LINKS.

YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR TO THE SERVICES MUST COMMENCE WITHIN THREE (3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

IN ALL OTHER CIRCUMSTANCES, ECPG’S AGGREGATE AND COMPLETE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO A MAXIMUM OF TEN USD ($10).

Indemnification

You agree to hold harmless, indemnify and defend ECPG, its subsidiaries, affiliates, partners, licensors, assigns, successors and third parties and their respective officers, directors, employees, independent contractors and service providers, from and against any losses, damages, fines and expenses (including reasonable attorneys’ fees and costs) due to, arising out of or relating to (i) any violation of this Terms of Use, (ii) the Loyalty Program, (iii) any information you submit, post, transmit or make available through the Website, or (iv) your violation of any law, regulation or third-party right. Without limiting your indemnification obligations described herein, ECPG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Feedback

We may provide you with a mechanism to provide feedback, suggestions, ideas about the Website or Services or ask you to if you are interested to collaborate with or serve as our representative (the “Feedback”). You agree that we may, in our sole discretion, use the Feedback in any way, including in future modifications to the Website or Services. You hereby grant ECPG a perpetual, worldwide, fully transferable, irrevocable, without compensation, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback, or portions of it, in any manner and for any purpose.

You hereby acknowledge that by providing Feedback you are not an employee of ECPG and shall not be considered an agent, promoter, partner, representative or joint venturer of ECPG.

Additional Terms

These Terms of Use constitute the complete and exclusive agreement between us. If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it valid or enforceable, and such decision shall not affect the validity or enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.  These Terms of Use are independent from any other agreement and obligation that may exist between ECPG and you. If you have any account with ECPG, these Terms of Use shall survive any termination of any such account you may have with ECPG.

Applicable Laws

The Terms of Use, as well as your use of this Website, shall be governed and construed in accordance with the laws of the State of New York, excluding conflict of laws rules. You agree that any and all disputes regarding the Website or arising out of your use of this Website shall be resolved exclusively by a state or federal court located in Bronx County in the State of New York.

If you reside outside the United States, you may also be subject to additional laws of the country where you reside. You are responsible for compliance with the laws of your jurisdiction and all other applicable laws.

These Terms of Use constitute the entire understanding and agreement between you and ECPG with respect to the Website and Services and your use of them. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. We may assign these Terms of Use, in whole or in part, at any time and without notice. You may not assign, transfer or sub license any of your rights, if any, or obligations under these Terms of Use. The foregoing provisions contain in the Terms of Use are for the benefit of ECPG, its subsidiaries, affiliates, partners, licensors, assigns, successors and third parties and each shall have the right to assert and enforce such provisions directly on its own behalf.