Agency Pledge Portal Website
The Southwest Gas Agency Pledge Portal Website, including all of its content and services (collectively, the "Web Portal"), is owned by Southwest Gas Corporation ("Southwest Gas"). The Web Portal is a proprietary web-based application that is designed for use by authorized assistance agencies to perform certain operations in connection with utility assistance programs for the benefit of Southwest Gas customers ("Customer(s)").
Use of Web Portal
Access to Web Portal
You agree to keep confidential and not disclose or make available your Web Portal login credentials to any unauthorized person or entity. You are responsible for safeguarding your login credentials and agree to indemnify and hold Southwest Gas harmless from any claims, liabilities or damages resulting from improper use of the credentials.
Southwest Gas reserves the right to revoke your access to the Web Portal at any time if Southwest Gas determines, its sole discretion, that you have failed to comply with the terms of this Agreement, or violated any applicable law or regulation, or any Southwest Gas data security or confidentiality procedures. Actual or attempted unauthorized use of the Web Portal may result in criminal and/or civil prosecution. Southwest Gas shall not be held responsible for your violations of the law or these terms.
Web Portal Access to Customer Information
By entering the Web Portal, you will have access to certain Customer personal information and account data, including, but not limited to, account number, payment history and street address. All such Customer information and data accessed through the Web Portal shall be referred to as "Customer Information." You acknowledge and agree that prior written consent from the Customer of record for the applicable Southwest Gas account must be provided before you are authorized to access any such Customer Information. Southwest Gas reserves the right to require you to provide proof of a Customer's prior written consent.
Your failure to promptly provide evidence of the Customer's prior written consent may result in termination of your access to the Web Portal without recourse. You acknowledge and agree that any Customer Information that you obtain through the Web Portal will be used solely for the purpose of qualifying and awarding utility assistance to Customers.
You further agree to keep confidential and not to disclose, divulge or provide to any third party, any Customer Information, unless such disclosure is required by law. You shall be responsible for any unauthorized use or disclosure of such information. These confidentiality obligations shall survive the termination or expiration of this Agreement.
Intellectual Property Rights
All text, images, graphics, designs, data, software, and other materials on the Web Portal (the "Content") are copyrights, trademarks, service marks, trade secrets or other intellectual property or proprietary rights owned or licensed by Southwest Gas, its agents, service providers and/or licensors. You are prohibited from distributing, publishing, transmitting, modifying, creating derivative works from, or in any way exploiting, any of the Content or the Web Portal for any purpose. Under no circumstances will you obtain any rights or license in processes, information or technology described in the Content or otherwise on the Web Portal. Nothing contained on the Web Portal should be construed as granting, by implication, or otherwise, any license or right to use any Southwest Gas logos, trademarks or service marks displayed on the Web Portal without the written permission of Southwest Gas, and any use is strictly prohibited.
Because the Web Portal is a software device that may be adversely affected by other computer applications and software programs, you agree to maintain reasonable security including antivirus, Internet firewall, or other software and/or systems in place to reduce the risk of unauthorized access to your account while you retrieve or post information. If you fail to implement reasonable security measures that result in unauthorized access to your account, you are responsible for any transactions initiated and/or damages incurred.
You shall not alter, interfere or disrupt the content or functioning of the Web Portal, including but not limited to uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate any data relating to the Web Portal; or (ii) disproportionately burdens the delivery of the Web Portal.
In no event shall any information, data or materials from the Web Portal be printed or stored in any information storage or retrieval system unless authorized by the Customer.
Disclaimer of Warranties
THIS WEB PORTAL IS MADE AVAILABLE TO USERS "AS IS", AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED, TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOUTHWEST GAS MAKES NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, PRODUCT OR PROCESS DISCLOSED ON OR ACCESSIBLE FROM THIS WEB PORTAL. FURTHER, SOUTHWEST GAS DOES NOT WARRANT OR REPRESENT THAT THIS WEB PORTAL OR THE SERVER THAT MAKES IT AVAILABLE IS ERROR-FREE OR THAT THE WEB PORTAL WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING BUT NOT LIMITED TO, TYPOGRAPHICAL ERRORS, COMPUTER VIRUSES, WORMS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.
Limitation of Liability and Indemnity
SOUTHWEST GAS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ACTUAL, DIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS OR INABILITY TO ACCESS THIS WEB PORTAL, OR YOUR USE OF OR RELIANCE UPON THIS WEB PORTAL OR THE CONTENT HEREOF. YOU FURTHER AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS SOUTHWEST GAS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS AND COSTS, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS, RELATED TO OR ARISING FROM YOUR USE OR MISUSE OF THE WEB PORTAL AND/OR THE MISUSE OR DISCLOSURE OF CUSTOMER INFORMATION OR OTHER DATA CONTAINED IN THE WEB PORTAL. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND THE AGENCY ASSISTANCE AGREEMENT.
Reservation of Rights
Southwest Gas reserves the right to modify in part or in whole, or temporarily or permanently discontinue the Web Portal or any content contained therein for any reason and at any time without notice. Southwest Gas is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on the Web Portal.