Eastern's Online Customer Portal Terms and Conditions

These Online Customer Portal Terms and Conditions apply to your use of the Eastern Propane Gas, Inc. ("Eastern") web-based account management and payment site (the "site"). Eastern customers using the site may (i) access past and current invoices and statements in electronic form, (ii) manage the form for future delivery of invoices, statements and other notifications from Eastern, (iii) use Eastern's online payment service to pay outstanding account balances and make other payments to Eastern, and (iv) request fuel deliveries and services (collectively, the "Services"). By using the site you agree to these Terms and Conditions. Eastern is unable to provide the Services to you through the site if you do not accept these Terms and Conditions. Eastern may change these Terms and Conditions and the Services from time to time with or without notice.

Access to and use of Services

To use the site you need Internet access and a valid e-mail account. When you enroll on the site you will be asked to create a password. Because you are responsible for all activities that occur using your account, you are responsible for keeping your password confidential. Eastern is not responsible for your password, or any actions, claims, costs, damages or expenses arising from a lost, misplaced or stolen password. If you forget your password or want to reset it for any reason you can do so through the site. You are required to promptly notify Eastern of any unauthorized use of your account. After electing to receive notifications from Eastern only in electronic form, you will not receive paper invoices, statements or other notices until your online account through the site is terminated or you elect on the site to receive paper notifications. Eastern has the right to rescind or discontinue the Services through the site or your access to the site at any time without explanation to you. If you wish to discontinue use of your online account through the site you may disenroll at any time. IN NO EVENT SHALL EASTERN (OR ITS SERVICE PROVIDERS) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF YOUR USE OF SITE OR THE SERVICES. In states which do not allow the exclusion or limitation of liability for direct, indirect, special, incidental or consequential damages with respect to consumer services, Eastern's liability is limited to the maximum extent permitted by applicable law. USE OF THE SITE AND THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY LAW AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION.

E-mail Address

For purposes of use of the site, you are responsible for maintaining a valid e-mail account, and for notifying Eastern of any changes in your contact information. Eastern may from time to time include additional notices with it invoices or statements, including notices that are required by law or regulatory agencies. By enrolling in the paperless billing notification Service you are also consenting to the electronic receipt of any other notices that Eastern may provide. You are fully liable for any billing or other notification that has been sent to your most recent e-mail address.

Payment Processing

Through the site, you may provide payment information for automatic payments, one-time payments, or recurring payments to be made to Eastern. By providing such information you authorize Eastern (or its service provider) to debit or charge your designated bank account or debit/credit card for the amount of the authorized payment. Eastern may for credit purposes reject any method of payment selected by the customer. All payments are processed in accordance with standard banking procedures. In the event that you schedule a payment date less than four business days prior to a payment due date you bear the risk of incurring and responsibility for paying any and all late payment charges, fees and/or interest. If Eastern (or its service provider) is unable to process payment instructions for any reason you will receive a return notice. You agree that you shall be responsible for reimbursing Eastern immediately upon demand for the transaction amount that has been returned and all costs or charges suffered or incurred by Eastern in connection with such transaction. You further authorize Eastern to report the facts concerning any such transaction to consumer reporting agencies. You may cancel any scheduled payment at any time up to the scheduled date of such payment. Neither Eastern, nor any of its affiliated companies or service providers shall have any responsibility for losses or delays in transmission of payment instructions arising out of the use of any Internet Service Provider providing connection to the internet or caused by any process software. Eastern's sole obligation in the event the Services fail to perform is to reprocess any payment instructions received from you that failed to process correctly.

Privacy Policy

Your use of the site is subject to terms and conditions of Eastern's Privacy Policy, which is set forth in this section. The Privacy Policy covers how Eastern treats personal information that it receives, including from you as a result of your use of the site and doing business with Eastern, and may be amended by Eastern at any time with or without notice to you. In the course of serving our customers and your use of our website, Eastern receives non-public personal information regarding our customers and website users. This information may include:

Information on applications or other forms; including identity information such as address, telephone number, social security number, credit information, income and employment;
Credit card, debit card, and bank account information;
Information about a customer's transactions with us or others, including fuel consumption and products ordered;
Information we receive from a consumer reporting agency;
Information we obtain from others in the process of verifying information a customer provides to us;
Information about website users, including the user's domain, browser, and operating system and about the pages the user accessed on our website and information as to what site the user came from; and/or
The content of email received, including the email address.

Such information may be provided or received in physical or electronic form (such as over the internet or by email). Eastern currently does not share your personal information with third parties, except in certain circumstances, including to comply with a legal process or order or with applicable laws and regulations, to prevent fraud or imminent harm, to review the security of our network and procedures, to conduct our business, including in connection with your use of our online account management and bill payment services, to perform credit verification processes, and to enforce contracts. We do not share your personal information with third parties for the purpose of independent telemarketing or direct mail marketing of their own products and services. We reserve the right to share, transfer, or provide personal information to other third parties in the future, including any purchaser of Eastern's business, subject to the requirements of applicable laws and regulations. We are committed to protecting the security and confidentiality of your personal information, including information provided via the internet and e-mail, and we use available technology to do so. Although no one can make absolutely sure that every internet or email communication is 100% secure, we make every effort to help ensure that your online sessions with and e-mail to Eastern are secure. Eastern restricts access to your personal information to those of our employees who need to know that information to provide products, services or account management. We maintain physical, electronic and procedural safeguards to protect your personal information, including privacy and security training for employees. If you choose to use our electronic account management and bill payments services, personal information is provided to third party service providers subject to confidentiality and security obligations. Your use of such services constitutes your consent to providing personal information to such service providers. Because we have no way of distinguishing the age of individuals who access eastern.com, we may receive information from individuals who are under 13 as we would from any other person and apply the same Privacy Policy. If a child has provided us with personally identifiable information without parental or guardian consent, the parent or guardian should email us to remove the information. Links to third party sites are included on Eastern's website only for your convenience. Eastern does not control such third party sites and is not responsible for the contents or security of such sites. Additionally, Eastern does not control the privacy policies of the sites to which it provides links. You should be aware that if you link to such a site, you are subject to that site's privacy policies. If you have any concern about the privacy of your personal information or information you share with us via this website or by email, please contact customer service at 800-523-5237.

Content

Eastern believes that the information included on the site is accurate when it is posted on the site; however, such information is subject to change and update at any time without prior notice. You understand and agree that Eastern cannot, and does not, guarantee or ensure the accuracy, completeness, or authenticity of the site's contents, site functionality, or your transmission of any information or instructions to, or from, the site. You agree that neither Eastern, nor any of its affiliated companies, nor any other person associated with the creation or use of the site, shall be liable or responsible to you or any other person for any harm, loss or damage whatsoever that may arise in any connection with your use of the site.

Error Correction Policy

If you believe there is an error in your online account or if you were improperly charged, please contact Eastern at 800-523-5237.

Governing Law

These Terms and Conditions shall be governed by and construed and enforced in all respects in accordance with New Hampshire law, and any litigation, arbitration, or other dispute resolution proceedings shall take place in the State of New Hampshire.