Privacy Policy and Website Terms and Conditions
I. Privacy Policy
Acceptance of Privacy Policy
By accessing, browsing and using Superior Plus Propane’s (“Superior”) Website, or any Superior mobile application, you accept and agree to abide by the terms of this Privacy Policy. Throughout this Privacy Policy, “Superior’s Website” also includes Superior’s mobile application.
If you do not accept and agree to abide by the Privacy Policy, you may not access or use Superior’s Website. Superior has the right, in its sole discretion, to modify part or all of the Privacy Policy at any time. Any change will be effective when notice of the updated Privacy Policy is posted above. Please review the Privacy Policy frequently for updates. Your continued access, browsing or use of Superior’s Website after any such changes are posted will constitute acceptance of these changes.
Personal Information
How is your information collected?
Superior’s Website allows you to voluntarily submit your personal information to make your transactions with Superior as convenient as possible, including, but not limited to, ordering products or services, payments for the products and services, requests for information, or responses to survey questions. Your personal information may include your first and last name, mailing address, email address, telephone/cell or mobile phone number, and other personally identifying information.
In addition to the information you choose to provide, Superior’s Website may automatically collect other information about you. Such information may include, without limitation: the unique device identifier of your mobile device, mobile network information, the model and serial number and telephone number of your mobile device, your geographic location, information regarding your access to and use of mobile applications, the Superior website pages you visit, the time of such visits, your operating system, browser type, the domain name of your internet service provider, and your Internet Protocol (IP) address. We may combine any of the information we collect from or about you and use it in the manner described in this Privacy Policy. For example, Superior may use your IP address, together with other personal information that you may provide, such as your email address, to communicate with you directly about products and services that Superior believes may be of interest based on your activity.
Except as otherwise stated in the Privacy Policy, your IP address, cookies and other technologies (as more particularly described below) are generally used by Superior on an anonymous basis to, among other things, (1) help diagnose problems, administer Superior’s Website, measure the use of Superior’s Website, improve the content of Superior’s Website; (2) to identify visitors’ domain names, the type of web browsers used, the pages viewed, the list of websites from which a visitor found Superior’s Website, the websites to which a visitor went after leaving Superior’s Website; the search terms and search engines used to find Superior’s Website; and (3) to gather other web analytics information relating to visitors’ use and navigation of Superior’s Website.
How is your information used?
Superior may use your personal information for particular activities, including, without limitation, the purposes for which you provided it; to provide services to you, including any updates or notifications; to create or add to your user profile or registered account; to process and respond to your inquiries and comments; to send you information about your relationship or transactions with us; to improve services to you or to develop new products and services; to identify you as a user of Superior’s Website; to allow you to participate in surveys; to contact you with information, including personal information, that we believe will be of interest to you; for research that we or a third party may perform regarding Superior’s Website; to create anonymous data, which we may use for any purpose; to compile aggregate data for internal and external business purposes; to analyze the website or mobile application services; to allow us to personalize and enhance your experience using Superior’s Website; to send push notifications; to send emails; to generate and review reports and data about our user base and service usage patterns, to analyze the accuracy, effectiveness, usability or popularity of Superior’s Website; to prevent fraudulent transactions, monitor against theft and otherwise protect our users and our business; to administer and troubleshoot Superior’s Website; and as otherwise stated in the Privacy Policy.
Disclosure of Personal Information
Superior takes reasonable measures to ensure the privacy and confidentiality of your personal information. Superior collects, maintains and uses personal information to provide products and services that best meet the needs of our customers. In doing so, we respect the privacy of our customers and recognize the need to reasonably safeguard their confidential information in our possession. We reasonably maintain the confidentiality of any personal information which customers provide to us. In handling personal information, Superior endeavors to keep customer information current and accurate and to safeguard it from unauthorized access. Except as required by law, Superior does not disclose customer information to third parties except for the ways otherwise described immediately below and elsewhere in the Privacy Policy.
Superior may disclose personal information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as otherwise may be required by applicable law or regulation; (2) to protect and defend Superior’s rights or property or those of its affiliates, distributors, dealers, business partners, or others; or (3) as Superior believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety or property of any person or organization.
If Superior becomes involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all of our business otherwise changes, Superior may share or transfer your information to a third party or parties in connection therewith.
Superior must release your credit card information to credit card authorization service providers and the credit card-issuing bank to confirm and settle payment for products or services purchased through Superior’s Website and to facilitate returns or refunds. Superior may share aggregated anonymous information relating to visitors to and users of Superior’s Website with third parties.
By entering your personal information on Superior’s Website, you consent to our collection, use and disclosure of such information for the foregoing purposes.
II. Website Terms and Conditions
By accessing, browsing and using Superior’s website, or any Superior mobile application, you agree to accept and abide by the Website Terms and Conditions. Throughout the Website Terms and Conditions, “Superior’s Website” also includes Superior’s mobile application.
If you do not agree to accept and abide by the Website Terms and Conditions, you may not access or use Superior’s Website. Superior has the right, in its sole discretion, to modify part or all of the Website Terms and Conditions at any time. Any change will be effective when notice of updated Website Terms and Conditions is posted above. Please review the Website Terms and Conditions frequently for updates. Your continued access, browsing or use of Superior’s Website after any such changes are posted will constitute acceptance of these changes.
Proprietary Rights
All works, content and materials on Superior’s Website and mobile applications, including without limitation, all information, text, design, graphics, images, drawings, code and software (the “Materials”) and all organization and presentation of the Materials which form a part of Superior’s Website are the exclusive property of Superior or its licensors and are protected by intellectual property laws relating to copyrights, trademarks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on Superior’s Website shall be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party, except as expressly granted in these Website Terms and Conditions. The trademarks, service marks, logos, slogans and Internet domain names on Superior’s Website are the exclusive property of Superior or its licensors. Use of any such intellectual property, except as expressly authorized, shall constitute a violation of the rights of the owner of the intellectual property.
Permitted Uses
You agree that you shall:
a. not copy, reproduce, republish, upload, post, transmit, or distribute the Materials from Superior’s Website in any way except that you have the right to download one copy of the Materials on any single computer, for your personal, non-commercial use only, provided that you keep intact all copyright, trademark and proprietary notices;
b. use the Materials solely for lawful purposes;
c. not create derivative works from, exploit or modify the Materials in any way;
d. not interfere with the security of, or otherwise abuse Superior’s Website or any system resources, services or networks connected to or accessible through Superior’s Website; and
e. acknowledge that the unauthorized use of the Materials may cause irreparable harm to Superior and that in the event of an unauthorized use, Superior shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with Superior.
No Endorsement of Third Parties
Superior may provide links to Internet websites of third parties for your convenience only. Because Superior has no control over such websites and resources therein, you acknowledge and agree that Superior is not responsible for the availability of such websites or resources, does not endorse and is not responsible or liable for any content, products or services or other materials or information on or available from any such websites. You acknowledge and agree that you access such websites at your own risk. You further acknowledge and agree that Superior shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services other materials or information on or available through any such websites.
Viruses
Superior assumes no responsibility and shall not be liable to you or to any other party for any damages to or any viruses, “Trojan horses”, “worms”, “cancelbots” or other harmful, disruptive or destructive files or computer programs that may infect your computer equipment or other property on account of your access to, use of or browsing on Superior’s Website or your downloading of any the Materials from Superior’s Website.
Information Supplied to Superior
With respect to any information and materials provided to Superior through the contact form on Superior’s Website, you acknowledge and agree that:
The information and materials become the property of Superior and are not confidential; and
Superior has no obligation regarding such information and materials and may use, reproduce and disclose the same for any purpose.
No Representation or Warranty
SUPERIOR’S WEBSITE AND ALL MATERIALS ON SUPERIOR’S WEBSITE OR MADE AVAILABLE THROUGH SUPERIOR’S WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF SUPERIOR’S WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS CONTAINED THEREIN. IN NO EVENT WILL SUPERIOR, ITS AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS, PARTNERS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOSS OF OPPORTUNITY, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR LOSS OF SAVINGS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF SUPERIOR’S WEBSITE.
Indemnity
You agree at all times to indemnify, defend and hold harmless Superior and its affiliates, subsidiaries, agents, licensors, suppliers, and their respective officers, directors and employees against all actions, claims proceedings, costs, demands, damages and liabilities whatsoever sustained, incurred or paid by Superior directly or indirectly in respect of:
any information, materials or other content you provide on or through Superior’s Website; or
your, or any party that you are responsible for or who accesses or uses Superior’s Website as a result of your use or misuse of the Materials on Superior’s Website, including, without limitation, infringement claims.
Termination
The Website Terms and Conditions are effective until terminated by Superior, which may take place at any time, with or without notice, in Superior’s sole discretion. Any such termination shall be in addition to and without prejudice to such rights and remedies as may be available to Superior.
General
The Privacy Policy and Website Terms and Conditions contain the entire agreement and understanding between Superior and you with respect to Superior’s Website and supersede any and all written and oral agreements previously existing between Superior and you with respect to Superior’s Website.
Superior’s Website is controlled, operated and administered from Rochester, New York.
By using Superior’s Website, you acknowledge and agree that all matters relating to access to, or use of Superior’s Website shall be governed by the laws of the State of New York and the federal laws of the United States where applicable. You also agree that any dispute arising out of the use of Superior’s Website shall be brought in New York State Supreme Court, Monroe County or the United States District Court for the Western District of New York.
Superior’s failure to insist upon or enforce strict performance of any provision of the Website Terms and Conditions shall not be construed as a waiver of any provision or right.
Should any part of the Website Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Website Terms and Conditions had been eliminated.
The Website Terms and Conditions shall inure to the benefit of and be binding on Superior and you, and Superior and your permitted successors and assigns.
All rights not expressly granted herein are reserved.