Terms & Conditions

Terms and Conditions

Welcome to www.chpkgas.com (the “Site”). Chesapeake Utilities Corporation and its affiliates (“Chesapeake”) provide website features to you subject to the following terms and conditions (the “Terms of Use” or “Agreement”). These Terms of Use set forth the terms and conditions that apply to the use of the Site by you (“you” or the “End User”). By using the Site, you agree to all of the Terms of Use set forth below. Please read them carefully. If you do not wish to agree to the Terms of Use, please refrain from using the Site.

FORWARD-LOOKING STATEMENTS
Some information and statements on this Site may contain projections or other forward-looking statements regarding future events or future financing performance of Chesapeake. One can typically identify forward-looking statements by the use of forward-looking words, such as “project,” “believe,” “expect,” “anticipate,” “intend,” “plan,” “estimate,” “continue,” “potential,” “forecast” or other similar words, or future or conditional verbs such as “may,” “will,” “should,” “would” or “could.” These statements represent our intentions, plans, expectations, assumptions and beliefs about future financial performance, business strategy, projected plans and objectives of the Company. We wish to caution you that this information and these statements are only predictions and actual events or results may differ materially. We refer you to the reports and documents that Chesapeake files from time to time with the Securities and Exchange Commission, specifically Chesapeake’s most recent Form 10-K and Form 10-Q. These reports and documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements, including, among others, state and federal legislative and regulatory initiatives that (i) affect cost and investment recovery, (ii) have an impact on rate structures, and (iii) affect the speed at and degree to which competition enters the electric and natural gas industries (including deregulation); the outcomes of regulatory, tax, environmental and legal matters, including whether pending matters are resolved within current estimates; industrial, commercial and residential growth or contraction in our service territories; and the weather and other natural phenomena, including the economic, operational and other effects of hurricanes and ice storms and other damaging weather events.

ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Transmissions to and from this Site are not confidential and users’ communications may be read or intercepted by others.

LINKS
For your convenience, Chesapeake has provided links to a number of other web site resources. The development and maintenance of these sites are not under the direction or control of Chesapeake. Therefore, Chesapeake may not be held responsible for the accuracy or completeness of the content of those sites, nor for the opinions expressed in those sites. Links to and from this site do not constitute an endorsement of any such sites, resources, content or opinions by Chesapeake or any of our subsidiaries.

INTELLECTUAL PROPERTY

COPYRIGHT
All content on this Site is the property of Chesapeake or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Chesapeake and protected by U.S. and international copyright laws. All software used on this site is the property of Chesapeake or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS
“www.chpk.com” and other www.chpk.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Chesapeake in the U.S. Chesapeake’s trademark and trade dress may not be used in connection with any product or service that is not Chesapeake’s, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Chesapeake. All other trademarks not owned by Chesapeake that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Chesapeake.

LICENSE AND SITE ACCESS
Chesapeake grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Chesapeake. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Chesapeake. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Chesapeake without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Chesapeake’s name or trademarks without the express written consent of Chesapeake. Any unauthorized use terminates the permission or license granted by Chesapeake. You may not use any Chesapeake logo or other proprietary graphic or trademark as part of the link without express written permission.

Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties.

PRODUCT & SERVICE DESCRIPTIONS
Chesapeake attempts to be as accurate as possible. However, Chesapeake does not warrant that content of this site is accurate, complete, reliable, current, or error-free. In addition, any opinions expressed herein are not necessarily the opinions of Chesapeake Utilities Corporation.

DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CHESAPEAKE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CHESAPEAKE AND ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, VENDORS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. CHESAPEAKE DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, AVAILABLE AT ALL TIMES, OR AVAILABLE WITHOUT INTERRUPTION.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHESAPEAKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CHESAPEAKE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; CHESAPEAKE’S SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM CHESAPEAKE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHESAPEAKE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.

INDEMNIFICATION & RELEASE
You agree to defend, indemnify, and hold harmless Chesapeake, its affiliates, directors, officers, employees, and agents from and against all claims, damages, and expenses, including reasonable attorney’s fees, arising out of or related to any products or services you purchase in connection with the Site, your use of the Site, or your violation of any third-party right. You are solely responsible for interactions with other users of the Site. To the extent permitted by applicable law, you hereby release Chesapeake from any and all claims or liability related to any product or service of Chesapeake and any conduct, action, or inaction by Chesapeake or another user of the Site.

APPLICABLE LAW & DISPUTES
By visiting www.chpk.com, you agree that the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Chesapeake.

Any dispute relating in any way to your visit to www.chpk.com or to products or services sold or distributed by Chesapeake shall be adjudicated in any state or federal court in Wilmington, Delaware, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site. We suggest that you re-read our Terms of Use from time to time in order that you stay informed as to any such changes. Any use of the Site by You after such notice shall be deemed to constitute acceptance by You of such modifications. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ENTIRE AGREEMENT
The Agreement (including any terms incorporated by reference herein), constitutes the entire agreement between Chesapeake and you with respect to your access, use, and receipt of services from the Site and supersedes all prior agreements, negotiations and discussions between you and us relating to the same. There are no third-party beneficiaries of the Agreement. We exclude any representations and warranties previously given or made in relation to the same. If any portion of the Terms of Use is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions.

TERMINATION
Chesapeake may terminate this Agreement at any time. The provisions above relating to Intellectual Property, Disclaimer of Warranties & Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes will survive termination of this Agreement.

CONTACT US

Chesapeake Utilities Corporation
909 Silver Lake Boulevard
Dover, Delaware 19904
http://www.chpk.com

Contact Us

601417463.2

350 South Queen St., Dover, DE 19904

1.800.427.0015

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