Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE.
BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT ALL OF THESE TERMS
OF USE, DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT
CUSTOMER SERVICES.
This Agreement is between you, the user of the Unitil.com Web Site,
and Unitil (the "Company"), for the use of all, or part of the Company's products and/or services
and/or software and/or the Company's Internet web site (collectively, "the Services"). This Agreement
sets forth the terms and conditions governing your use of this Web Site, currently located at
www.Unitil.com (this "Site"), and your use of the Services, and is in addition to any
executed and delivered agreements by and between you and the Company ("Other Agreements"). To
the extent any conflict should exist between any of the specific terms or provisions of any Other
Agreements and these Terms of Use, the terms and provisions of such Other Agreements shall be
controlling unless stated otherwise therein. This Agreement also incorporates by reference any
other terms relevant to this Site, including the Company's Privacy Policy.
The Content on this Site
The Company is providing the links and information on this Site as a convenience to you and is not
responsible for the accuracy or content of any such information or linked web sites. You acknowledge
that the Company is not responsible for the availability of, or the content located on or through,
any external site, and that your reliance upon information contained on this Site or on the linking
to or content of any external site is at your own risk. The Company explicitly disclaims any
responsibility for the accuracy, content or availability of information found on any sites that
link to or from this Site.
The Company, in its sole discretion, may add, delete or change some or all of the features of this
Site at any time with or without notice. The Company also reserves the right at any time and from
time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof)
with or without notice. You agree that the Company shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Services.
Products and Services Offered by and Links to Other Businesses
The Site provides links to other web sites. In addition, businesses other than the Company provide
services or sell products on the Site. Because the Company cannot control such other sites and
businesses, you agree that the Company is not responsible for and does not endorse any content or
products offered by such other sites and businesses. You should review the privacy policies and
terms of use for the other sites and businesses you access via the Company's Site.
Product Descriptions
The Company tries to be as accurate as possible when describing products offered by the Company
itself. However, the Company does not guarantee that such product descriptions are accurate,
complete, reliable or up-to-date. [If you are not satisfied with a product you received from the
Company itself you may return it, unused, to us for a refund].
Risk of Loss
For all items purchased directly from the Company, the risk of loss and title for such items pass
to you once the Company delivers such items to the carrier.
Advertisers
Your interactions with advertisers found on the Site are solely between you and such advertisers.
You agree that the Company does not assume any responsibility or liability for any loss or damage
incurred as a result of any such advertisers.
Comments, Suggestions and Other Content
You may post comments, suggestions and other content as long as the content is not illegal,
obscene, threatening or objectionable and does not consist of or contain software viruses,
chain letters or mass mailings. You may not use a false identity or e-mail address or otherwise
mislead as to the origin of your comments, suggestions or other content. The Company may
(but is not obligated to) remove or edit such content, but does not regularly review posted
content. If you do post content, you grant the Company a nonexclusive, royalty-free, irrevocable
and licensable right to use, publish, distribute and display such content throughout the world in
any media. The Company is neither responsible nor liable for any content posted by you or any
third party.
Conduct as a User
The content provided on this Site is being provided to you in connection with the Company's
provision of the Services and in consideration of your agreement to these Terms of Use. You agree
not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform
or circulate any material set forth or located on this Site without the prior written permission
of the Company or the appropriate licensor. You further agree that you may not sell, offer for
a price, rent, lease or lend the Services or any part thereof.
User Eligibility
The Company's services are available only to individuals or businesses who can form legally binding
contracts under applicable law. If you do not qualify, you may not use the Company's services.
Your Information
"Your Information" includes any information you provide to us, including but not limited to, any
information you provide (i) during your enrollment with this Site and/or (ii) through any email
feature.
Subject to the Privacy Policy, by posting Your Information on or through this Site, you
automatically grant the Company a royalty-free, perpetual, irrevocable, non-exclusive license
to use, reproduce, modify, transmit, translate, distribute, perform and display Your Information
alone or as part of other works in any form, media, or technology whether now known or hereafter
developed, and to sublicense such rights to others.
Privacy Policy
Company will only use and disclose Your Information in accordance with its then-current Privacy
Policy, available on this Site.
Intellectual Property
The materials, data and other information, including all trademarks, service marks and trade names,
used or displayed on this Site ("Intellectual Property) are the property of the Company or the
licensors of such Intellectual Property and are protected by applicable copyright, trademark and
other laws. This Agreement does not grant you any rights in connection with any current or future
Intellectual Property owned by the Company or such licensors.
System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the
proper working of this Site or with any transaction conducted on this Site. You may not take any
action which imposes or places an unreasonable or disproportionately large load on the Company's
infrastructure. You may not disclose or share your password with any third party or use your
password for any unauthorized purpose and are fully responsible for all activities that occur
under your password or account. You agree to notify the Company immediately of any unauthorized
use of your password or account or any other security breach.
You agree that you will not use any robot, spider, other automatic device, or manual process
to monitor, deep link with or copy the Company's web pages or the content contained herein
without the Company's prior written consent.
No Warranty
THE SERVICES AND THE INFORMATION, PRODUCTS AND MATERIALS CONTAINED IN THIS SITE, INCLUDING
BUT NOT LIMITED TO ALL TEXT, GRAPHICS AND LINKS, ARE PROVIDED BY THE COMPANY ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ALL
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND ANY SUCH INFORMATION,
PRODUCTS AND MATERIALS, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, AND IMPLIED
WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE USE OF, OR ACCESS TO, THE
SITE OR THE SERVICES. OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS, INCLUDING
BUT NOT LIMITED TO TELECOMMUNICATIONS NETWORK DISRUPTIONS. THE COMPANY DOES NOT GUARANTEE THE
ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION ON, OR ACCESSIBLE VIA, THIS SITE OR THE
RESULTS OF YOUR USE OF THIS SITE.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE)
ARISING OUT OF OR IN CONNECTION WITH THE USE, THE INABILITY TO USE, OR THE PERFORMANCE OF THE
SERVICES AND/OR PROVISION OF ANY INFORMATION, PRODUCTS, MATERIALS OR LINKS AVAILABLE ON, OR
ACCESSIBLE VIA, THIS SITE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO
THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Indemnity
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers,
directors, agents and employees, harmless from and against any claim or demand, including
reasonable attorney's fees, made by any third party due to or arising out of your breach of this
Agreement or the documents it incorporates by reference, or your violation of any law or the
rights of a third party.
Termination
The Company reserves the right to terminate your access to this Site for any reason or for
no reason. You agree that any termination of your access to this Site may occur without prior
notice to you. You also agree that the Company will not be liable to you or any other party
for any such termination.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your
use of this Site.
Notices
Any notices you provide under this Agreement to the Company shall be made via
our on-line contact form. Notices to you from the Company
may be made via either email or regular mail. The Company may also provide notices of changes
to the Terms of Use or other matters by displaying notices or links to notices to you generally
on the Site.
Applicable Law
This Site is controlled by the Company from its offices within the State of New Hampshire, USA.
The laws applicable to the interpretation of these Terms of Use and to any dispute of any sort
that may arise between you and the Company shall be the laws of the State of New Hampshire, USA,
and applicable federal law, without regard to any conflict of law provisions. If any provision
of this Agreement is held to be invalid or unenforceable by any court or tribunal of competent
jurisdiction, the remainder of this Agreement will not be affected thereby, and such provision
will be carried out as nearly as possible according to its original terms and intent to eliminate
such invalidity or unenforceability.
The Company makes no representation that the content on this Site is appropriate for access
outside of the United States. Those who choose to access this Site from outside the United States
do so on their own initiative and are responsible for compliance with local laws.
By using this Site, you agree to the submission of any dispute arising out of or relating to
this Agreement or the Company's services to the state and federal courts of the State of New Hampshire,
USA.
General Information
The Company may amend these Terms of Use at any time by posting the amended terms on this Site.
This Agreement may not be otherwise amended except in writing signed by you and the Company. The
failure of the Company to exercise or enforce any right or provision of these Terms of Use shall
not constitute a waiver of such right or provision. The section titles in these Terms of Use are
for convenience only and have no legal or contractual effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or related to use of
the Services or the Terms of Use must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
In addition to these Terms of Use, you also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or third-party software.
Last Update: March 2002