Welcome to http://members.propanecouncil.org/ (the "Website"), a website maintained by and on behalf of the Propane Education & Research Council (the "Council"). This Website is a business-to-business service. If an individual is accessing the Website on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to the terms and conditions contained in this document (the "Terms and Conditions"). "User" or "you" shall refer both to the individual accessing the Website on behalf of a business entity, if any, and any such business entity itself. By accessing and using this Website, you agree to be bound by the terms and conditions contained in the Terms and Conditions.

READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. BY ACCESSING THE WEBSITE, YOU INDICATE AND ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.

Limited License: The Council hereby grants you a non-exclusive, non-transferable, limited right to access and use the Website on one computer only to view and download content made available to you by the Council.

Authorized Use: Usage of the Website is restricted to Council members who have been authorized in advance by the Council and have passwords authorized by the Council. Except as specifically set forth otherwise on the Website, Content may only be used to advertise your individual propane business in the vicinity and community where your business is physically located.

Unauthorized Use: You may not resell, distribute, sublicense, rent or otherwise transfer the Content available on this Website, except for the limited advertising purposes described above or on the Website. You may not display the Content with or near any content that may be considered offensive, obscene, defamatory, illegal or otherwise objectionable to the Council.

Passwords: The Council shall authorize IDs and passwords at its discretion. Upon requesting a password, you may be required to enter information regarding you or your organization. You must provide truthful information about your company and yourself when signing up for an ID and password, and may not use any aliases or other means to mask the true identity of either. The ID and password authorized should be safeguarded at all times and not shared with any other party. Upon a change of User's responsible personnel in possession of an ID and password, it is the User's responsibility to contact the Council to update or change passwords or information in your profile. The Council may, from time to time, monitor the logon times and usage under each ID for the purpose of verifying that the User is the sole holder and user of the ID. To the extent any party under the reasonable control of User gains access to the Website through use of the ID or by circumventing the Council's security systems, User shall be liable to the Council for all such use. The Council retains the right to suspend or revoke access to the Website at any time.

Unauthorized Access: You may not use spiders, robots or other automated data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Website. You may not take any action to interfere with the Website or any other user's use of the Website, including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the Website. You may not send unsolicited e-mail, including promotions and/or advertising of products or services, through the Website or forge or mask your true identity in any e-mail or posting. You may not frame portions of the Website within another website or establish links from any other website to any page of the Website other than the home page.

Content: All content and images available on the Website (the "Content") are the copyrighted property of the Council, its licensors and other third parties. The Council may not itself own the copyright to the Content. Council has acquired usage rights for the Content for Council's use solely pursuant to these Terms and Conditions. User represents and warrants that it will strictly comply with any usage rights or limitations listed in these Terms and Conditions or on the Website. If the current usage rights do not include a User's intended use, User must contact the Council prior to any intended use to seek to acquire such rights. User shall fully disclose to the Council, in detail, all intended uses of the Content at any time upon request.

Proprietary Rights: All pages and content within this Website, including but not limited to, the software which operates the Website, text, Content, graphics, photographs or other materials, are the intellectual property of, or are authorized for use by, the Council and its licensors, business partners and affiliates. Except as expressly permitted in these Terms and Conditions, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available on this Website without the prior written consent of Council. You do not acquire any right, title or interest in such materials by virtue of accessing this Website or making use of the permitted uses allowed under these Terms and Conditions.

Privacy: The Council takes the privacy of you and your information very seriously. In order to correspond with the Council or utilize certain services provided in connection with this Website, you may be asked to provide, or you may choose to send to the Council, certain personally identifiable information such as your name, physical address and email address. The Council will not sell or rent any personally identifiable information so obtained to any unaffiliated third party. Except as required by law, specifically set forth in these Terms and Conditions or in connection with the maintenance and operation of this Website, Council will not share this information with any third party. This privacy paragraph only applies to the Council's online activities in connection with this Website.

Disclaimer: THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED "AS IS". EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THE COUNCIL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, THE COUNCIL DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. THE COUNCIL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL THE COUNCIL BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification: User agrees to defend, hold harmless and indemnify the Council and its business partners and affiliates, and each of them, against and from any and all third party claims, liabilities, damages, fines, penalties or costs of whatsoever nature (including reasonable attorney's fees), arising out of or in any way connected with: (i) any breach by User of these Terms and Conditions or (ii) any claim based upon the ultimate use of the Content by User.

Changes: All information posted on the Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them here. You should check this page for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions.

Governing Law: The laws of the State of New York shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK.

Questions: Should you have any questions regarding these Terms and Conditions you may contact us at creativelab@porternovelli.com.