National Fuel Terms and Conditions

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. Please review these terms and conditions carefully and in their entirety. If your use of this web site is subject to the provisions of an effective service agreement or tariff or applicable laws, rules or regulations (“Other Provisions”), then these terms and conditions shall apply only 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.

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 this web 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 this web site are the trademarks, service marks or logos of their respective owners. All pages within this web 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 this web site. Downloads, copies or mirrors of this web 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

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 to our 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 and conditions by reference, as if set forth fully herein.

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 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 WEB 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 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 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 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. NATIONAL FUEL DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS OR E-MAIL SENT FROM NATIONAL FUEL 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

NATIONAL FUEL HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES ON THIS WEB SITE. NATIONAL FUEL 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 USE THIS WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE IS 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. National Fuel disclaims any duty to update the information on this web 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 National Fuel web site. National Fuel 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 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

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. 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 National Fuel web site and accessing these third party web sites at your own risk. To the extent that third party web sites link to National Fuel’s web 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 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 practices employed by those other sites.

Modifications And Termination

National Fuel 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. National Fuel 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 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 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 Erie 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 National Fuel from its offices within the United States. National Fuel 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 compliance with applicable local laws.

Prior Or Contemporaneous Terms And Conditions

These terms and conditions 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 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 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 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.nationalfuelgas.com/email.asp.