TERMS OF SERVICE (TOS)

By using, accessing, viewing or browsing this web site or the Southwest Gas Corporation Gas Information System (“Service”) in any way; or by registering for the Service, you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these terms and conditions and any and all Agreements: Terms of Service (“TOS”) refers to the terms and conditions embodied herein. “Client”, “You” and “Your” refers to the person accessing this website or the person(s) or entity(ies) upon whose behalf you are accessing this website and accepting these TOS. “Southwest Gas Corporation”, “Southwest Gas”, “Southwest”, “Company”, “We”, “Us”, “Ourselves” refers to Southwest Gas Corporation, its directors, officers, and employees, along with the Southwest Gas affiliates and subsidiaries and their respective directors, officers, and employees. “Party”, “Parties”, or “Us” refers to both you and ourselves; or either you or ourselves. All grammatical usage shall be deemed to refer to the masculine, feminine, neuter, singular, or plural as the identity of the person or persons may require. The term “person” shall include an individual, corporation, partnership, limited liability company, trust, estate, or any other entity.

1. ACCEPTANCE OF TERMS

Welcome to Southwest Gas Corporation's Gas Information System. The Company provides this service to you, subject to these Terms of Service ("TOS"). We may update the TOS at any time without notice. You are responsible for periodically reading the TOS. You can review the most current TOS version at any time at: https://gasinfo.swgas.com/ToS If you use this website after we have updated the TOS, you acknowledge that you have read the updated TOS and agree to follow them. Your continued use and access to the site are conditioned upon the TOS in force at the time of your use or access. When using particular Company-owned or operated services, you and the Company are be subject to any guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are incorporated by this reference into the TOS. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this web site.

If establishing an account in your name on behalf of an employer, business, organization, entity, person, client, or customer (either individual or multiple), you are representing and warranting that you are a duly authorized representative for such employer, business, organization, entity, person, client, or customer; and that any and all activity and transactions occurring under your account shall be attributed to said employer, business, organization, entity, person, client, or customer and such employer, business, organization, entity, person, client, or customer shall be equally obligated under these TOS.

2. DESCRIPTION OF SERVICE

The Company provides users with access to personalized content through its network of properties (the "Service"). “Content” means material (including without limitation text, images, audio material, video material and audio-visual material) available through or submitted to the site and Service. You understand and agree that the Service may include certain communications such as service announcements and administrative messages; and that these communications are part of Southwest Gas Corporation's service and you will not be able to opt out of receiving them. Any new features that augment or enhance the current Service, including the release of new Company Information system properties, shall be subject to the TOS. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. YOUR REGISTRATION OBLIGATIONS

You must be at least eighteen (18) years of age to use the Service. By using the Service and this website, you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) not use anyone else’s personal information, account, or email address to register for the Service or to access such features and services. If you provide any information that is not true, accurate, current or complete, or the Company has reasonable grounds to suspect that such information is not true, accurate, current or complete, the Company may suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. Southwest Gas Corporation cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.

5. MEMBER CONDUCT

Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content presented, emailed, transmitted or otherwise made available via the Service.

Prohibited Uses. You may not use the website or Service to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a Southwest Gas Corporation officer, employee, or representative; or falsely state or otherwise misrepresent your affiliation with any person or entity;

d. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

e. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

h. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

i. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or

j. "stalk" or otherwise harass another.

You acknowledge that we may or may not pre-screen Content, and that we (including our designees) have the right (but not the obligation) in our sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that we may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Southwest Gas Corporation, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected; and use of these materials is subject to usage rules set by Southwest Gas Corporation. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

6. INDEMNITY

You agree to indemnify and hold Southwest Gas Corporation, its affiliates, and its officers, employees, representatives, agents, co-branders, or other partners harmless from any loss, liability, cost, or expense, including reasonable attorneys' fees, due to or arising from any claim or demand made by any third party resulting from or arising from your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. You agree to waive any and all laws that may limit the efficacy of any releases or waivers contained in the TOS.

7. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your account I.D.), use of the Service, access to the Service, or content found on or through the Service.

8. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Southwest Gas Corporation may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that data will be retained by the Service, the maximum number of users that may be concurrently logged on from a single entity, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You acknowledge that Southwest Gas Corporation reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Southwest Gas Corporation reserves the right to modify these general practices and limits from time to time.

9. MODIFICATIONS TO SERVICE

Southwest Gas Corporation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Southwest Gas Corporation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. TERMINATION

You agree that Southwest Gas Corporation may, under certain circumstances and without prior notice, immediately terminate your Southwest Gas Corporation Gas Information System account and access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOS or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; and (f) extended periods of inactivity. Termination of your Southwest Gas Corporation Gas Information Account includes: (a) removal of access to all offerings within the Service; (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof); and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Southwest Gas Corporation's sole discretion and that Southwest Gas Corporation shall not be liable to you or any third-party for any termination of your account or access to the Service.

11. SOUTHWEST GAS CORPORATION PROPRIETARY RIGHTS

a. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You must include such copyright or other proprietary notice on all copies or reproductions of information or other contents copied or reproduced from the Service. Except as expressly authorized by Southwest Gas Corporation, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

b. Southwest Gas Corporation grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Southwest Gas Corporation for use in accessing the Service.

c. Trademarks and Restricted Publication
The names, trade names, trademarks, service marks, logos, design marks and slogans of Southwest Gas Corporation found on the Service or Web site are the exclusive property of Southwest Gas Corporation. You are not authorized to use any of Southwest’s names, trade names, trademarks or service marks, whether registered or not, or any of the material, photographs, data, logos, slogans or designs in connection with any product or service or in any advertising, publicity, or in any other commercial manner without the prior written consent of Southwest Gas Corporation, which consent may be withheld.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOUTHWEST GAS CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; AND NON-INFRINGEMENT.

b. SOUTHWEST GAS CORPORATION MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOUTHWEST GAS CORPORATION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. THE INFORMATION PROVIDED ON OR THROUGH THE SERVICE CANNOT REPLACE OR SUBSTITUTE FOR PROFESSIONAL ADVICE, INCLUDING ADVICE FOR FINANCIAL AND LEGAL MATTERS. YOU SHOULD SEEK PROFESSIONAL ADVICE AS APPROPRIATE AND NOT RELY ON CONTENT AND INFORMATION PROVIDED ON OR THROUGH THE SERVICE.

e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SOUTHWEST GAS CORPORATION ARE NOT RESPONSIBLE FOR NOR SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE FORM OF THE CLAIM, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE OR MISREPRESENTATION, WARRANTY, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHERWISE (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

14. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

15. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

16. NOTICE

By visiting, accessing, or using the Service, or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that

a. we may communicate with you electronically by email, or as appropriate, by posting general notices on this website or through the Service, including notices regarding changes to the TOS;

b. all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and

c. any notices are deemed to be given and received on the date we transmit any electronic communication as described above.

17. Unsolicited Ideas and Feedback.
Neither we nor our employees accept or consider unsolicited ideas, including those for new or improved products or technologies, product enhancements, processes, marketing plans, or product names. The purpose of this policy is to avoid any potential misunderstandings or disputes if our offerings or strategies seem similar to ideas that you submitted to us.

If you choose to send us your ideas anyway, through this website or otherwise, you agree that

a. your ideas automatically become our property, without any compensation to you;
b. we can commercialize these ideas and use them for any purpose and in any way; and
c. we can give these ideas to others.

You also represent and warrant that such ideas are your original ideas and that you have all the rights necessary for you to grant us rights to them, as described above.

18. GENERAL INFORMATION

a. Entire Agreement. The TOS constitute the entire agreement between you and Southwest Gas Corporation and govern your use of the Service, superceding any prior agreements between you and Southwest Gas Corporation.

b. Waiver and Severability of Terms. The failure of Southwest Gas Corporation to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that those provisions shall be limited or eliminated to the minimum extent necessary so that the remaining provisions and intent of the TOS shall otherwise remain in full force and effect.

c. Section Titles: The section titles in the TOS are for convenience only and have no legal or contractual effect.

d. Choice of Law and Venue. You agree that all matters relating to your access or use of the Service, and these TOS, including all disputes of any kind or nature, shall be governed by and construed in accordance with the laws of the State of Nevada, exclusive of its choice of law rules. Each party submits to the exclusive jurisdiction of the state and federal courts of the County of Clark in the State of Nevada, and waives any jurisdictional, venue, or forum objections to such courts. In any action to enforce the TOS, the prevailing party will be entitled to costs and attorney’s fees.

19. VIOLATIONS

Please report any violations of the TOS to our Support group at: https://www.swgas.com/contactus/emailus.php