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.

Text Messages

By providing your phone number to receive texts, you consent to receive from or on behalf of Superior marketing and promotional text messages about our products and services, operational text messages about your account (if applicable), and other items of interest sent to the phone number you provided. You may withdraw consent at any time. Message frequency will vary. Message and data rates may apply.

You may discontinue the receipt of text messages at any time by texting STOP to the short code or telephone number from which text messages are being sent or click the link provided in the text message to manage your preferences. We may send you a text message to confirm that you have been unsubscribed. For additional help, text HELP to the short code or telephone number from which text messages are being sent, or contact Superior’s Customer Service at webCS@superiorpluspropane.com. Superior and carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Please see our Privacy Policy.

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.