Terms of Use
For more information about our Privacy Notice click here.
Terms of Use
Last Updated: June 26, 2024
ONE Gas, Inc., together with its divisions Oklahoma Natural Gas, Texas Gas Service, and Kansas Gas Service (“We,” “us,” “our” or the “Company”), together with its affiliates and subsidiaries, owns and provides the services available at this website (the “Website”) and also through one or more mobile-optimized or -accessed websites, services, or applications (collectively, the “Mobile Apps”) to you subject to the following terms and conditions (the “Terms of Use”). In addition, when using the Website or the Mobile Apps, guidelines or rules may be posted which are applicable to your use of the Website and the Mobile Apps. Your use of the Website and the Mobile Apps and your relationship with the Company through these media are subject to all guidelines or rules that may be posted from time to time on the Website or within the Mobile Apps, which are all incorporated by reference into these Terms of Use. By using the Website and the Mobile Apps or by clicking to accept or agree to the Terms of Use when this option is made available to you, you are agreeing to be bound under this agreement (the “Agreement”) by all of the terms and conditions of the most current version of the Terms of Use, as well as any guidelines and rules posted either on the Website or within one or more of the Mobile Apps which are incorporated herein by this reference. If you do not agree to be bound by the Terms of Use, do not use the Website or Mobile Apps. If the user is not an individual, then "you" means your company, its officers, members, agents, successors, and assigns. THE COMPANY PROVIDES NATURAL GAS SERVICE UNDER ITS GENERAL TERMS AND CONDITIONS AND TARIFFS FOUND ON THE WEBSITE AND WITHIN THE MOBILE APPS. TO THE EXTENT THE CONSOLIDATED TERMS OF USE CONFLICT WITH THE TARIFFS AND THE GENERAL TERMS AND CONDITIONS IN REGARD TO THE RENDITION OF GAS SERVICE, THE TARIFFS AND THE GENERAL TERMS AND CONDITIONS SHALL CONTROL.
By downloading and/or utilizing the Website and/or the Mobile Apps, you consent for us to contact you by phone, text message, email, or other form of electronic communications regarding information related to your account, and you agree to provide a valid phone number, e-mail address or other delivery location so that we may send you certain information about your applicable account or otherwise related to the Website, Mobile Apps, or Services. With respect to the Mobile Apps, you agree that we may send you information relative to their usage through your communication service provider in order to deliver them to you and that your communication service provider is acting as your agent in this capacity.
This Agreement may be updated by us from time to time without notice to you in which case we will update the “Last Revised” date at the top of this Agreement. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review this Agreement from time to time to view any such changes. The updated Agreement be effective as of the time of posting, or such later date as may be specified in the updated Agreement. Your continued access or use of the Website or Mobile Apps after the modifications have become effective will be deemed your acceptance of the modified Agreement.
2. General
Through the Website and the Mobile Apps, we provide a variety of information and services to our customers. The information provided on this Website is for general information regarding the Company. This Website has been compiled in good faith by the Company; however, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date.
You may use the Website and the Mobile Apps solely for your own internal residential or internal business purposes and pursuant to these Terms of Use. You may not use the Website or the Mobile Apps for the purpose of competing with us. You may view and download material displayed on the Mobile Apps, subject to any additional limitations herein, provided that any content downloaded or reproduced retains all copyright, trademark, and other proprietary notices displayed on the materials.
Any sites not matching our exact domain names listed below:
- onegas.com
- texasgasservice.com
- oklahomanaturalgas.com
- kansasgasservice.com
- beadigherokansas.com
- beadigherooklahoma.com
- beadigherotexas.com
- energytogrowtexas.com
- kansasenergyanswer.com
are not owned, operated, or under the control of ONE Gas or its affiliates or divisions, and that any communications or solicitations from such non-matching websites should not be considered legitimate and should be reported to ONE Gas immediately. Our contact information can be found here.
Our Privacy Notice describes how we handle the information you provide to us when you use our Website or the Mobile Apps. For an explanation of our privacy practices, please visit our Privacy Notice.
3. User Account Administration
a. Accounts. The Website and Mobile Apps offer our customers a variety of functions and services, as described more fully below in Section 5 ("Services"). Many of the Services involve information about customer accounts and other personal information. To protect your privacy, we may require that you establish one or more user accounts to access such Services (each a "User Account"). We reserve the unqualified right (i) to accept or decline to accept an application to open a User Account; (ii) to terminate any User Account; and (iii) to discontinue the provision of any Service related to such User Account. Please see section 12 for Mobile Activity and the right to request the deletion of your User Account.
b. Identification. In connection with opening your User Account(s), you will either designate or receive a user name and password or personal identification number that you can use to establish your identity when you sign in for and use certain Services. You agree (i) to provide accurate and complete information when opening a User Account; (ii) to update your information as necessary so that it remains accurate and complete; and (iii) not to impersonate any other person, operate under an alias, or otherwise conceal your identity.
c. Responsibility for Use. The right to use the Services and functions of a User Account on the Website or through the Mobile Apps is limited to you as the party enrolling and those authorized persons to whom you give your personal identification number or password and so provide written notice to the Company. You are responsible for safeguarding your user name and password or personal identification number and agree to hold the Company harmless from any claims resulting from improper use of your password or personal identification number. You agree to be responsible for all acts or omissions with respect to access to or use of a User Account by any person using your password or personal identification number, and to notify us immediately by contacting a customer service representative for Oklahoma Natural Gas at 800-664-5463, Kansas Gas Service at 800-794-4780 or Texas Gas Service at 800-700-2443 if you believe that the security of your user name, personal identification number, or password has been compromised.
d. Account Information. Information collected from you on this Website or through the Mobile Apps (including information about your Company energy account and personal information) is subject to our Privacy Notice and can be found here.
4. Provision of Data
In order to participate in the services offered at the Website or through the Mobile Apps, you must provide certain current, complete, and accurate information about you as prompted to do so and maintain and update such information as required to keep such information current, complete and accurate. You warrant that such data is accurate and current, and that you are authorized to provide such data. You authorize us to verify such data at any time. If any data that you provide is untrue, inaccurate, not current or incomplete, The Company retains the right, in its sole discretion, to suspend or terminate your rights to use the Website or the Mobile Apps. Except as otherwise provided herein, any material, information or other communication ("Communications") you transmit or post to this Website or via the Mobile Apps will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to the Communications, except by obligation of any applicable laws. The Company and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, in accordance with our Privacy Notice and as permitted by applicable law. You are prohibited from posting or transmitting to or from the Website or through the Mobile Apps any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
5. Services
a. Business Area. Certain business customers of the Company will be able to register as natural gas suppliers, retrieve information regarding natural gas suppliers, access industry bulletin boards and obtain information on economic development. To access these business information tools, business customers must enroll for a User Account with a personal identification number and password.
b. Residential Area. Residential customers of the Company will be able to access the following services in the Customer Care area of the Website, which may be available through the Mobile Apps. Access to the Customer Care area will require account information and a password or user identification number, which may be assigned by the Company or selected by the customer, as determined by the Company in its sole discretion.
(1) Online Bill Payment. Residential customers of the Company will be able to pay their gas bills online. When paying by credit card, you will be using the electronic bill payment service ("Payment Service") offered by a third party (“Bill Payment Service”). While utilizing the Payment Service, you will actually be on the Bill Payment Service servers, and will not be on the Company’s Website or within the Mobile Apps. As a result, your use of the Payment Service will be subject to the Bill Payment Service’s terms of use, and use of your personal information will be subject to the Bill Payment Service’s privacy policy. You should review both carefully before using the Payment Service, as the Company's Terms of Use do not apply to the Payment Service, and the Company is not responsible for the functionality or security of the Payment Service. Online Bill Payment is also subject to the “Online Check and Automatic Bank Draft Plan - Terms of Use” as applicable, which are incorporated herein by this reference.
(2) Other Customer Services. Residential customers of the Company may also use the following Services, all of which are offered directly by the Company: (a) view their current Texas Gas Service bill; (b) view an energy comparison; (c) view account transaction history; (d) request information regarding budget payment plans; and (e) make certain service requests.
(3) Customer Energy Management. From time to time, Customers may also obtain from our Website or from the Mobile Apps information about energy efficiency measures and energy conservation programs developed by or for the Company and available to the public.
c. Merchant Information. The Website and the Mobile Apps may enable you to search for third party businesses selling gas-related goods and services in certain geographical locations. THE COMPANY IS NOT AFFILIATED WITH ANY SUCH BUSINESSES, AND DOES NOT ENDORSE ANY SUCH BUSINESSES, GOODS, OR SERVICES.
d. Outside Services. From time to time, the Website and the Mobile Apps will enable you to access certain services provided by third party website operators. These services and the information they provide may contain errors and omissions. All such errors and omissions are subject to Section 10 concerning third party content ("Third Party Content"). The Company is not responsible for such errors or omissions, and shall not be liable for any harm, loss, or liability you suffer in reliance on either these outside services or any information they provide. The Company is also not responsible for the functionality, reliability, or the security of these services. As discussed below, when you access some of these outside services, please be aware that you will actually be on a third-party website, even though it may appear that you are still browsing the Company’s Website or may have reached the third-party website via the Mobile Apps.
6. Copyrights
All information and material including images and text on this Website are the property of (or under licensed use by) the Company and is subject to copyright protections. The copyright in all material provided on the Website or within the Mobile Apps is held by the Company or by the Company’s licensor. You acknowledge and agree that the Website and the Mobile Apps contain proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Website and the Mobile Apps, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content are the property of the Company or its content suppliers and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Company does not grant any license or authorization to any user of its copyrightable material or other intellectual property by placing them on the Website or within the Mobile Apps. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner. However, you may print a copy of the information on the Website or within the Mobile Apps for your personal, non-commercial internal use or records. In so doing, you may not modify the material and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you ownership rights in the information and terminates automatically if you breach any of these terms or conditions. If you make any other use of the Website or the Mobile Apps, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to penalties.
7. Copyright Infringement
You may contact the Company with complaints regarding allegedly infringing posted material and the Company will investigate those complaints. If the posted material is believed in good faith by the Company to violate any applicable law, the Company will remove or disable access to any such material and the Company will notify the posting party that the material has been blocked or removed in accordance with its copyright infringement policy.
8. Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Website and in the Mobile Apps are registered and unregistered Trademarks of the Company and/or its affiliates. Nothing on the Website or within the Mobile Apps should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website or within the Mobile Apps, without the prior written permission of the Trademark owner. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The names “ONE Gas,” “Oklahoma Natural Gas,” “Texas Gas Service,” “Kansas Natural Gas,” www.onegas.com, www.oklahomanaturalgas.com, www.texasgasservice.com, www.kansasgasservice.com, and the click-for-service logo or service mark may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website or through the Mobile Apps, without prior, written permission. The Company prohibits use of the Company name or logo as a metatag or as a "hot" link to any Company website unless establishment of such a link is approved in advance by the Company in writing. If you have any questions regarding any trademarks on the Website or within the Mobile Apps, please contact the Company.
9. Third Party Linking/Content
a. Links to Third Party Websites. The Website and Mobile Apps may from time to time display links to content, information, websites or electronic services sponsored by third parties. If you click on one of these links (for example, the Payment Service), you will leave the Website or the Mobile Apps and go to the website of the third party. In addition, in some cases, if you request certain content appearing on the Website or through the Mobile Apps, you may be taken to a third party's website actually hosting the content. In some cases, the third party's content may be "framed" in such a way that it may appear you are on the Website or still utilizing the Mobile Apps. Such content, information and websites are publicly available and the Company is providing access to same through this Website solely as a convenience to you. The Company makes no representations or warranties concerning, and is not responsible for, such content or information or the operation of third-party website or electronic services reached by virtue of such links or content, and the presence of such links, information or content does not imply that the Company endorses, sponsors, authorizes or is affiliated with such website(s), services, or third parties, or any services or products offered therein or thereby.
b. Third Party Content. The Company displays and distributes content, information, and certain Services on websites supplied by third parties (including, but not limited to, the Payment Service). The submitting third parties, and not the Company, are solely responsible for any advertisements, opinions, advice, statements, services, offers, data, information, content, or other materials that such third parties express or make available ("Third Party Content"). The Company does not guarantee the accuracy, completeness, availability, quality, or usefulness of any Third Party Content, and under no circumstances shall the Company be liable in any way for Third Party Content, or for any loss or damage of any kind incurred as a result of Third Party Content being posted or otherwise transmitted either a) through the Website or the Mobile Apps or b) in connection with any of the Services. Any decisions or actions you may make based on content or information contained in this Website or any other websites linked to this one are your sole responsibility.
c. Links to the Website. Third parties are not authorized to include active links on websites they control directing a browser to any part of the Website or the Mobile Apps without the express written consent of the Company. We do not authorize "deep linking" to interior pages on the Website or to any locations within the Mobile Apps. Neither the Website nor the Mobile Apps may be linked to in such a way that the pages of the Website or any information within the Mobile Apps are displayed within a frame on a third-party website, or are otherwise displayed on a browser screen accompanied by advertising or other content not found on the Website. The fact that a third party provides a link to the Website or to the Mobile Apps will not in any way be or imply an endorsement, agency, joint venture, or similar relationship between the Company and any such third party.
d. Data Mining. No user or third party is authorized to use any software, bots, spiders, or other information-gathering devices or programming routines to monitor, copy, or otherwise "mine" information displayed on the Website or within the Mobile Apps for display on or use with any website or service.
10. Business and Investment Information
a. Business Information. In the course of your use of this Website or the Mobile Apps, you may provide, or the Company may otherwise obtain, information about you or your business activities. Any information which you provide or which the Company otherwise obtains will be used solely by the Company and will not be sold or made available to third parties, with the exception of (i) companies controlling, controlled by, or under common control with the Company (ii) the third parties providing data processing or similar services to the Company, or (iii) in connection with the Company's provision or marketing of products and services to you.
b. No Investment Advice or Recommendations. The Website or the Mobile Apps may contain forward-looking information, which information is subject to risks and uncertainties, including risks detailed in our registration statements, and annual and quarterly reports as they are filed with the Securities and Exchange Commission (SEC). Although management believes that all such statements are based upon reasonable assumptions, no assurance can be given that the actual results will not differ materially from those contained in such forward-looking statements.
No materials presented within this Website or the Mobile Apps should be regarded as investment advice or any form of investment recommendation. The Company does not offer to sell or solicit offers to buy securities through this Website or the Mobile Apps. If you are interested in purchasing securities in any company, it is recommended that you contact an appropriately licensed investment professional and review all SEC submitted documents, such as registration statements, before making a decision to purchase or sell any securities. Data and information is provided on this Website or the Mobile Apps for informational purposes only, and is not intended for trading purposes. Neither the Company nor any of its data or content providers shall be liable for any errors or delays in the content provided herein, or for any actions taken in reliance thereon.
11. User Conduct
While using the Website, Mobile Apps, or any Service, you may not:
a. retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of the Website or any portion thereof, or any information within the Mobile Apps, without our prior written consent;
b. upload, post, publish, transmit, reproduce, or distribute through the Website or through the Mobile Apps any material that infringes any third party's copyright, patent, trademark, service mark, trade dress, trade secret, or other proprietary rights, or which violates any contractual, fiduciary, or judicially-imposed nondisclosure obligations;
c. engage in conduct, during use of the Website or the Mobile Apps, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous, or invasive of the privacy or publicity rights of others;
d. upload, post, publish, transmit, reproduce or distribute through the Website or through the Mobile Apps any material that contains advertising solicitations, bulk unsolicited emails or spam, chain letters, pyramid opportunities, or offers for the sale of goods or services;
e. upload, post, publish, transmit, reproduce, or distribute through the Website or through the Mobile Apps, or place any links on this Website or within the Mobile Apps to, any material that is vulgar, obscene, profane, hateful, sexually explicit, or otherwise objectionable;
f. alter, interfere, or disrupt the content or functioning of the Website, the Mobile Apps or the Company's service, including but not limited to uploading, posting, or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that damage, interfere with, capture, intercept, or expropriate the Website, the Mobile Apps or any data contained therein; or (ii) disproportionately burdens the operation of the Website or the Mobile Apps;
g. use the Website or the Mobile Apps to gain unauthorized entry or access to User Accounts or other computer systems or networks;
h. "mirror" the Website, the Mobile Apps or any content therein on any other server without the express prior written permission of the Company;
i. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content that you post or otherwise transmit to us or via the Website or via the Mobile Apps;
j. upload, post, publish, transmit, reproduce or distribute through the Website or through the Mobile Apps any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or government order; or
k. download significant amounts of data that will disrupt the operation of the Website or the Mobile Apps.
12. Mobile Activity
The Mobile Apps are provided for your convenience, and information available through the Mobile Apps does not replace your monthly account statement(s), which are the official record of your accounts. You understand and agree the Mobile Apps may not be encrypted and information transmitted through the Mobile Apps may include personal or confidential information about you such as your account activity or status. Delivery and receipt of information, including instructions for payment, transfer and other move money transactions, through the Mobile Apps may be delayed or impacted by factor(s) pertaining to your Internet service provider(s), phone carriers, other parties, or because of other reasons outside of our control. We will not be liable for losses or damages arising from any disclosure of account information to third parties, non-delivery, delayed delivery, misdirected delivery or mishandling of, or inaccurate content in, information and instructions sent through the Mobile Apps. Additionally, not all of the products, services or functionality described on the Website and the Terms of Use (collectively, the “Functionality”) are available when you use a mobile device or through the Mobile Apps. Therefore, you may not be eligible or able to use the Functionality when you access or try to access them via the Mobile Apps or by using a mobile device (including accessing or trying to access the Website via a mobile device). We reserve the right to determine your eligibility for any product, service, or functionality, including but not limited to the Mobile Apps.
Information available via the Mobile Apps, including balance, transfer and payment information, may differ from the information that is available directly through the Website without the use of a mobile device. Information available directly through the Website without the use of a mobile device may not be available via the Mobile Apps, may be described using different terminology (including capitalized terms used in the Terms of Use or on our Website, or may be more current than the information available via the Mobile Apps, including but not limited to account balance information. The method of entering instructions via the Mobile Apps may also differ from the method of entering instructions directly through the Website without the use of a mobile device. Processing of payment and transfer instructions may take longer through the Mobile Apps. We are not responsible for such differences, whether or not attributable to your use of the Mobile Apps. Additionally, you agree that neither we nor our service providers will be liable for any errors or delays in the content, or for any actions taken in reliance thereon. You are responsible for any and all charges, including, but not limited to, fees associated with text messaging imposed by your communications service provider. We are not responsible for any damages resulting from your failure to comply with any terms and conditions provided by your communication service provider or any app store.
13. Termination
You agree that the Company may, at its sole discretion, deny you access to the Website or the Mobile Apps and disable any username and password associated with you for any reason, including, without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service offered under the Website or the Mobile Apps (or any part thereof) with or without notice. You agree that neither the Company nor its affiliates or subsidiaries, nor their respective directors, officers, employees, agents, successors or assigns shall be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under the Website or the Mobile Apps.
14. Disclaimer of Warranties
THE WEBSITE, THE MOBILE APPS AND THESE SERVICES, AND ALL INFORMATION CONTAINED THEREIN, ARE SUBJECT TO CHANGE AT ANY TIME BY THE COMPANY WITHOUT NOTICE AND ARE PROVIDED ON AN "AS IS" BASIS FROM THE COMPANY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE OR THE MOBILE APPS, THE OPERATION OF THE SOFTWARE AVAILABLE ON THE WEBSITE OR THROUGH THE MOBILE APPS, THE TRANSACTIONS PERFORMED ON THE WEBSITE OR THROUGH THE MOBILE APPS, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THE WEBSITE OR WITHIN THE MOBILE APPS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, FREEDOM FROM CONTAMINATION BY COMPUTER VIRUSES AND/OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PROVIDER OF SERVICES VIA THE WEBSITE OR THE MOBILE APPS WARRANTS THAT (i) THE SERVICES OFFERED ON THE WEBSITE OR THE MOBILE APPS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OFFERED ON THE WEBSITE OR THE MOBILE APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES ON THE WEBSITE OR THE MOBILE APPS WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THE WEBSITE OR WITHIN/THROUGH THE MOBILE APPS IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, MOBILE APPS, OR SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS, OR THROUGH THE WEBSITE OR THROUGH THE MOBILE APPS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. Limitation of Liability
THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, LOSS OF BUSINESS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION, INVESTMENT LOSS OR WASTED MANAGEMENT TIME) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR MOBILE APPS OR ANY OF THE CONTENT AVAILABLE ON OR THROUGH THE WEBSITE OR THROUGH THE MOBILE APPS. IN NO EVENT WILL THE LIABILITY OF THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) EXCEED $500, REGARDLESS OF WHETHER SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY RELATED TO THE USE OF THE WEBSITE OR MOBILE APPS OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN SECTION 14 ("DISCLAIMER OF WARRANTIES") AND THIS SECTION 15 ("LIMITATION OF LIABILITY") MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE OR THROUGH THE MOBILE APPS WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEBSITE OR THE MOBILE APPS FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE 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, MOBILE DEVICE(S), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY HARDWARE, SOFTWARE OR OTHER MATERIAL DUE TO YOUR USE OF THE MOBILE APPS, THE WEBSITE OR ANY MATERIAL OBTAINED THROUGH OR DOWNLOADED FROM THE WEBSITE, THE MOBILE APPS OR ON ANY WEBSITE LINKED TO THEM.
16. Indemnity
You shall indemnify, defend, and hold harmless the Company, including without limitation its shareholders, affiliates, employees, agents, successors, officers, employees and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (a) your use of the software available at the Website or through the Mobile Apps, (b) your failure to comply with any applicable laws, regulations or ordinances, (c) your use of the content available on the Website or through/in the Mobile Apps in any way contrary to these Terms of Use, or (d) your breach of any of your representations, warranties or obligations set forth in these Terms of Use. Additionally, you agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys' fees) arising from your provision of a phone number, e-mail address, or other delivery location that is not your own. Your obligations under this paragraph shall survive termination of this Agreement or your cessation of use of the Website, the Mobile Apps, or any Service.
17. Governing Law
The Website and Mobile Apps are created and controlled by the Company in the State of Oklahoma, and the laws of Oklahoma govern these Terms of Use without giving effect to any principles of conflicts of laws. You and the Company agree to submit to the exclusive personal jurisdiction of the courts of Tulsa County in the State of Oklahoma for any dispute arising under these Terms of Use or in connection with the Website or the Mobile Apps.
18. No Guarantee of Confidentiality
The Company cannot guarantee that your use of the Website or the Mobile Apps will be confidential. The Company is not responsible for any harm that you or any person may suffer as a result of a) a disclosure in respect to your use of the Website or the Mobile Apps or b) any information you transmit to or via the Website or the Mobile Apps.
19. No Other Agreements
These Terms of Use in this Agreement shall expressly apply to the use of the Website and the Mobile Apps. This Agreement, including all incorporations by reference made herein, supersedes any and all prior and existing agreements, whether oral or in writing, between you and the Company with respect to the subjects addressed in these Terms of Use and constitutes the entire agreement between the parties with respect to those subjects. You acknowledge that neither the Company nor anyone on the Company’s behalf has made any representations, inducements, promises or agreements, orally or otherwise, to you relating to the subjects addressed by these Terms of Use that are not embodied herein.
20. Normal Website Usage
You can visit the Website to review Company information without telling us who you are and without revealing any personal information. The only information we collect and store during normal Website usage is the name of your Internet service provider, the browser (including available plug-ins and browser functionality) and type of machine you are using, the IP address, the website that referred you to us, the pages you request and the date and time of those requests.
ONE Gas uses this information to generate statistics and measure Website activity to improve the usefulness of customer visits. During normal Website usage, we do not collect or store personally identifiable information such as name, mailing address, e-mail address, phone number or social security number.
21. Monitoring
You acknowledge that the Company or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through the Website or via the Mobile Apps. The Company, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which the Company deems inappropriate or that violates any term or condition of these Terms of Use. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Website and of the Mobile Apps, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of the Website or of the Mobile Apps may be prosecuted to the full extent of the law. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone transmitting information through the Website or via the Mobile Apps. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF SUCH MONITORING AND ANY RESULTING INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
A. Viruses
We use appropriate commercially available anti-virus software in an attempt to ensure that the Website and the Mobile Apps do not contain or carry viruses. However, due to the rapidly developing nature of viruses and the Internet, we strongly recommend that you employ similar anti-virus software when accessing the Website or utilizing the Mobile Apps. We make no warranty that the Website, Mobile Apps or email correspondence are free from such viruses.
C. Social Media
The Company may utilize different social media websites and applications to interact with you, including the communication to you of information about the Company, the Website, the Mobile Apps, and our Services. You will also be subject to any terms of use disclosed at any social media pages that we manage when interacting with those pages. The owners and operators of such websites and applications, and the managers of other social media pages, may impose their own terms of use and privacy policies with respect to the use of such websites, applications and pages. The Terms of Use does not govern the use, handling, or treatment of content you post at such websites and applications by those owners, operators or managers. Before using or posting any information at any such website or application you should review the particular terms of use and privacy policies applicable. YOU SHOULD EXERCISE EXTREME CAUTION WHEN DECIDING TO DISCLOSE YOUR PERSONAL INFORMATION VIA SUCH WEBSITES OR APPLICATIONS.
D. Updates and Changes/Severability
Any waiver or amendment of any right or provision of these Terms of Use will be effective only if signed by an authorized representative of the Company and the failure of the Company to exercise or enforce any term or condition shall not constitute a waiver of such right or provision. The Company reserves the right, at any time and without notice, to add to, change, update or modify the Website, the Mobile Apps and these Terms of Use at any time, simply by posting such change, update or modification on the Website. Any such change, update or modification will be effective immediately upon posting on the Website. Your continued use of the Website or Mobile Apps after the posting of such modification constitutes acceptance of such modified terms and conditions. The Company will not provide you with a notice of any change to the Terms of Use. It is your responsibility to monitor and review any changes. Nothing contained in these Terms of Use is intended or shall be construed as creating an agency, partnership or joint venture relationship between you and the Company, its affiliates or subsidiaries. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall remain in full force and effect and the invalid, void or unenforceable provision shall be deemed modified so that it is valid and enforceable to the extent permitted by law.