TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO THE DISCLAIMER AND ALL OTHER TERMS PROVIDED BELOW. IF YOU DO NOT AGREE TO THE DISCLAIMER AND ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.

Disclaimer
This website/application, https://myaccount.pgworks.com/portal/, is owned and operated by Philadelphia Gas Works (“PGW”).  The website, including but not limited to all linked pages and subpages, is provided on an "as is" and “as available” basis, and users are fully and solely responsible for their use of the Website and for any results or consequences of such use. Philadelphia Gas Works (“PGW”) makes no warranty or representation, express or implied, with respect to the quality, content, accuracy, completeness, currency, freedom from computer virus, or non-infringement of proprietary rights of the Website including any of the design, information, text, graphics, images, pages, interfaces, links, software, or other materials and items contained in or displayed on the Website. The Website has been compiled from a variety of sources, including sources beyond the control of PGW and is therefore subject to change without notice from PGW.

In no event shall PGW, its officers, employees, or representatives be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages arising from your accessing or using the Website, including but not limited to any disruption in service, or otherwise arising from the Website or from anything contained in or displayed on the Website.  You agree to indemnify, defend, and hold harmless PGW, the City of Philadelphia, the Philadelphia Facilities Management Corporation, and their employees, boards, directors, officers, agents and contractors from all liabilities, claims, and expenses, including attorneys fees that arise from your use or misuse of this Site.  These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this Website shall be filed only in the state or federal courts located in the Commonwealth of Pennsylvania. Nothing contained in or displayed on this Website constitutes or is intended to constitute legal advice by PGW or any of its officers, employees, attorneys, or representatives.

SITE SECURITY

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. PGW will investigate occurrences that may involve such violations.

Additional Disclaimer For Online Bill-Pay Service: In addition to the preceding terms and conditions, PGW, its officers, employees, or representatives, shall not be liable for any damages of any kind arising from your use of the online bill-pay service, including any non-authorization of a user’s payment by any entity involved in the processing of any online transaction including but not limited to your credit card the company, or for any disruptions in service of the online bill-pay service, regardless of the cause. PGW further assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization of settings.
Completion of a payment transaction using the online bill-pay service is contingent upon: 1) the authorization of payment by all entities involved in the processing of any online transaction including your applicable credit card company; 2) the acceptance of your payment; and 3) payment of the online bill-pay transaction fee, if any. If, for any reason whatsoever your payment is not processed, authorized, or accepted by any entity involved in the processing of any online bill-pay transaction, your payment liability shall remain outstanding and unpaid and you may be subject to late fees, interest charges, penalties, shut-off, or other actions where applicable. All outstanding payment obligations shall remain your sole responsibility. You understand, accept, and agree to pay to PGW and all fees and/or penalties associated with the submission of any payment transaction that is returned by any bank or other depository financial institution for insufficient funds or any other error on your part.

External Sites
This website may contain links to other sites on the Internet that are operated by parties other than PGW (“External Sites”). PGW is not responsible for the content of any such External Sites, or for the availability of such External Sites or their content. If you have questions or concerns regarding the content of any External Site, you should contact the respective External Site administrator directly.

Copyright, Trademarks and Servicemarks
Service marks and trademarks contained in or displayed on the website, and the contents of linked sites operated by third parties are the property of their respective owners. All other design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in or displayed on this website, and the selection and arrangements thereof, are the property of PGW. All rights are reserved. Permission is granted to the website visitors to copy electronically and to print single pages from the website for the sole purpose of sharing information on the website with other citizens and residents, and on the condition that the pages are copied, printed and shared without cost to the recipients and exactly as presented on the website, without any addition or modification. Distribution or republication in any other form or for any other purpose, including any commercial purpose or use, and any modification whatsoever, are strictly prohibited without the prior written permission of PGW.

Communications Through The Website
In no event shall any communication made through this website e-mail and messaging functions constitute legal notice to PGW,  the City of Philadelphia, the Philadelphia Facilities Management Corporation, and/or their employees, boards, directors, officers, agents, and contractors (including but not limited to legal notice required by federal, state, or local laws, rules, or regulations) with respect to any existing or potential claim or cause of action against PGW or any of its agencies, officers, employees, agents, or representatives.

Miscellaneous
PGW reserves the right to revise and otherwise change the foregoing terms and conditions at any time and without notice. Commercial use is prohibited without the prior written permission of PGW.

By enrolling in text and email Site alerts ("Alerts") offered in connection with this website ("Site" or “My Account”), you agree to these Text and Email Site Alerts Terms and Conditions ("Terms and Conditions") and to Philadelphia Gas Works’ ("PGW," "we," "us," or “our”) Privacy Policy.

Alerts Description:

The Alerts allow you to receive various types of notifications about your My Account activity via text messages sent to the mobile number you designate and/or emails sent to the email address you designate. We allow you to choose the types of Alerts you receive. The frequency of Alerts depends on the number/types of Alerts you elect to receive, any triggers you set for such Alerts and/or the frequency of any events to which Alerts relate.

How to Opt-In:

You may opt-in to the Alerts by visiting the Notifications page ("Notifications Page"), providing your mobile number and/or email address in the space(s) provided, selecting the Alerts you want to receive and agreeing to these Terms and Conditions and any other terms and conditions we may specify. When you opt-in to receive text alerts, you will receive an SMS text message confirming you have opted-into the service.

How to Opt-Out of Site Alerts:

You may opt-out of Alerts by visiting the Notifications Page and de-selecting any Alerts you wish to stop. You may also opt-out of text Alerts by replying "STOP" to any text Alert we send you. However, texting STOP will only opt you out of the specific category of text to which you responded (for example, if you text STOP in response to a High Usage alert because you wish to no longer receive High Usage alerts, you will still receive other Alerts you have opted-into such as “Billing” alerts). When you text STOP to a text Alert, you will receive a text confirming that you have opted out of receiving that category of text Alert. If you have chosen to receive both text and email Alerts and you opt-out of text Alerts via text, you will need to separately opt out of email Alerts by visiting the Notifications Page to stop email Alerts. PLEASE NOTE THAT OPTING OUT OF MY ACCOUNT TEXT MESSAGE ALERTS WILL NOT OPT YOU OUT OF OTHER TEXT MESSAGES THAT WE MAY SEND YOU WHICH DO NOT RELATE TO YOUR MY ACCOUNT.

Safeguarding Your Mobile Phone/Email:

Anyone with access to your mobile phone may be able to view any text Alerts we send you, and anyone with access to your email Site may be able to view any email Alerts we send you. Neither text Alerts nor email Alerts are encrypted. If you do not want anyone to view your Alerts, you should safeguard your mobile phone and/or email.

Support/Help:

In case of questions, call (215) 235-1000.

Supported Text Carriers:

Supported carriers for text Alerts may change from time to time. Not all carriers may support our text Alerts. Your carrier may not deliver text Alerts while you are roaming, out of the country or otherwise outside of its service area.

Delivery:

We do not guarantee that you will receive any Alerts under the Alerts. Circumstances beyond our control including network issues, issues with your mobile carrier, and issues with your email/Internet service provider may result in your not receiving our Alerts. We are not liable to you for any Alerts that are delayed, undelivered, or not delivered as we directed.

Eligibility:

The Alerts is intended for use by U.S. residents who are at least 18 years of age and who have registered for My Account.

Changes to Terms and Conditions:

We may revise, modify, or amend these Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to our website. You agree to review these Terms and Conditions periodically to ensure that you are aware of any changes.

Alerts Termination:

We provide the Alerts purely as a convenience to you. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Alerts, with or without notice to you.

Fees.

Message frequency will vary by customer. You acknowledge, understand and agree as follows: messaging and Data rates may apply. These would be charged by, and be payable by you to, your mobile service provider. We do not charge any fees for Alerts. However, your carrier's message and data rates may apply for text Alerts. You may be charged fees by your Internet service provider ("ISP") or email service provider in connection with email Alerts. Any charges by your carrier, ISP, or email service provider are solely your responsibility.

Limitation of Liability; Indemnity.

We do not guarantee the delivery, timeliness, or accuracy of the contents of any Alert. The Alerts is subject to transmission limitations and service interruptions. You agree to indemnify, defend and hold PGW and its directors, officers, employees and agents (collectively, "Released Parties") free and harmless from any and all losses or damages, including attorney’s fees, and indirect or special damages that may arise, directly or indirectly, in whole or in part, from: a non-delivery, delayed delivery, or the misdirected delivery of an Alert; inaccurate or incomplete content in an Alert; your reliance on or use of the information provided in an Alert for any purpose; or any third party, whether authorized or not, obtaining information regarding your Site disclosed in any Alert. THE RELEASED PARTIES DISCLAIM ANY RESPONSIBILITY AND ALL WARRANTI ES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE ALERTS. THE ALERTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU ACKNOWLEDGE USE OF THE ALERTS IS AT YOUR SOLE RISK. THE RELEASED PARTIES DISCLAIM ANY AND ALL LIABILITY FOR THE ALERTS UNDER ANY CAUSE OF ACTION. IF ANY PART OF THESE TERMS AND CONDITIONS ARE FOUND VOID AND UNENFORCEABLE, IT WILL NOT AFFECT THE VALIDITY OF THE REMAINDER, WHICH SHALL REMAIN VALID AND ENFORCEABLE ACCORDING TO THEIR TERMS.