Terms of Use

Welcome to the web site of Chautauqua Utilities, Inc ("CUI"). By using this web site, you agree to comply with and be bound by the following terms and conditions. Please review these terms and conditions carefully and in their entirety. If your use of this web site is subject to provisions of an effective service agreement, tariff or applicable laws, rules or regulations ("Other Provisions"), then these terms and conditions shall only apply to the extent not inconsistent with Other Provisions. 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 and conditions, you are not granted permission to use the web site and should exit immediately.

Online Services

To the extent you utilize CUI's online services, you understand, consent to and will adhere to the details, terms and conditions of these services as mandated and conveyed to you by CUI. 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 CUI harmless and to assume all risk and liability arising from your use of CUI's online services. CUI reserves the right to accept or deny your request to participate in any of its online services.

The contents of this web site, including text, images, logos, organization, graphics, photos, design, compilation and icons, are protected under applicable copyright, trademark and intellectual property law. "Chautauqua Utilties, Inc." and the "Chautauqua Utilties, Inc" logo are trademarks and service marks of CUI. Unauthorized use is strictly prohibited. All other trademarks, service marks and logos used in this web site are the trademarks, service marks and logos of their repective owners. All pages within this web site are the property of CUI. You are not granted license under any copyright, trademark, service mark, patent or other intellectual property or proprietary right in the content of this web site. Downloads, copies or mirrors of this web site are forbidden without prior consent from CUI. 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 CUI and any third party owners of those rights.

Warranty Disclaimer

THIS WEB SITE, THE INFORMATION, MATERIALS AND SERVICES ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE WEB SITE ARE PROVIDED BY CUI ON AN "AS IS" AND "AS AVAILABLE" BASIS. CUI IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED IN, LINKED TO OR SUBMITTED TO THE WEB SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CUI EXPRESSLY DISCLAIMS WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED OR REFERRED TO ON THIS WEB SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, FUNCTIONALITY, ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR OPERABILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK AND RESPONSIBILITY.

THE INFORMATION AND SERVICES ON THIS WEB SITE MAY CONTAIN BUGS, INACCURACIES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CUI DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS OR E-MAIL SENT FROM CUI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM USE OF THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation on Liability

CUI HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES ON THIS WEB SITE. CUI IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) THAT MAY RESULT FROM USE OF, ACCESS TO, OR INABILITY TO STOP USING THIS WEB SITE AND/OR SITE-RELATED SERVICES.

Information on this web site is current only at the time it is posted and any information presented on this web site may be out of date. CUI disclaims any duty to update the information on this web site. CUI 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 CUI web site. CUI is not responsible for technical, hardware or software failure of any kind in relation to use of our web site. Content on this web site may include inaccuracies or errors, and CUI is not responsible for any reliance you may place on that content. Any claim or cause of action brought by you against CUI must be instituted within one year after the claim or cause of action arises or be deemed forever waived and barred.

Third Party Links

This 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. CUI is not responsible for the content, product, 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 CUI. CUI does not endorse, approve, recommend or sponsor any of the information, products or services contained on the linked web sites. CUI 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 CUI web site and accessing these third party web sites at your own risk. To the extent that third party web sites link to CUI's web site, permission to do so must be obtained from CUI prior to establishment of the link. CUI does not monitor or control the content of any web sites linked to our web site and, therefore, we are not responsible for the products, services or content of any web site linked to our site or the terms of use or privacy employed by those other sites.

Modifications and Termination

CUI at its discretion may modify, terminate, remove or discard any content within this web site or the web site as a whole without notice unless prohibited by applicable law, rule, regulation or tariff provision. CUI reserves the right to terminate your access to the web site in the event that you violate these terms and conditions, or for any reason whatever.

Indemnification

You agree to defend, indemnify and hold harmless CUI, 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 attornay's fees and litigation expenses) relating to or arising from your use of this web site and any breach by you of these terms and conditions.

Governing Law and Jurisdiction

These terms and conditions 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 material on this web site you consent to the exclusive jurisdiction of the federal and state courts sitting in the County of Chautauqua in the State of New York, agree to accept service of process by mail, and waive any jurisdictional, venue or inconvenient forum objections to such courts. This web site is controlled and operated by CUI from its offices within the United States. CUI makes no representation that materials in the web site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this web site from other locations do so on their own volition and are responsible for the compliance with applicable local laws.

Prior or Contemporaneous Terms and Conditions

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

Severability

In the event that any of these terms and conditions 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 CUI's prior, written permission.

No Waiver

CUI 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 representatvie of CUI. No delay or omission by CUI 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 and conditions 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 and conditions, please contact us via the following link http://www.cuiny.com/contact.html.