Terms of Use

Updated January 10, 2023

Acceptance of the Terms of Use

Welcome to the website of The Gas Company, LLC dba Hawaii Gas (the “Company”).The following terms and conditions (together with any documents referred to in them) (collectively, the “Terms of Use”) apply to your use of this website, including any content, functionality and services offered on or through this website and/or the customer portal accessible through this website (collectively, the “Website”).  

Please read these Terms of Use carefully before you start to use the Website. If you do not agree to these Terms of Use or the Privacy Policy, you are not permitted to use the Website and must exit the Website immediately. By using or accessing the Website, you are deemed to have accepted and agreed to abide by these Terms of Use and the Privacy Policy, all of which are incorporated herein by reference. 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion and without notice to you. You are responsible for reviewing these Terms of Use from time to time to take notice of any changes we made, as they are binding on you. All revisions to these Terms of Use will be effective upon publication; provided, however, any changes to the dispute resolution procedures set forth below shall not apply to any disputes for which the parties had actual notice as of the date the revised Terms of Use were posted on the Website. Your continued use of the Website following the publication of any revised Terms of Use means that you accept and agree to the revised Terms of Use.

Accessing the Website And Account Security

By using the Website, you represent and warrant that you are of legal age to form a binding contract with the Company.

Access to the Website is permitted at the Company’s sole discretion, and the Company reserves the right to remove, add to or modify all or any portion of the Website, including any content or functionality thereof, in its sole discretion without notice. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to a portion or all of the Website for any or no reason.

You are solely responsible for making all arrangements necessary for you to have access to the Website, e.g., ensuring that you are using appropriate and up to date equipment and software and acquiring internet connectivity.  If you log on to or utilize the customer portal, you are also responsible for ensuring that you log out of your customer portal account.

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of and comply with these Terms of Use and the Privacy Policy.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

All usernames, passwords, and any other information that are part of the Website security procedures must be treated as confidential information and should not be disclosed to any third party. You agree to immediately notify the Company of any unauthorized use of your customer portal username or password, or any other breach of Website security. You should use particular caution when accessing your customer portal account from a public or shared computer so that others are not able to view or record your username, password or other personal information.

We have the right to disable any customer portal account, including suspending a username and/or password, whether chosen by you or provided by us, at anytime, for any reason or no reason, including, if we determine, in our sole discretion, that there has been a breach of any provision of these Terms of Use.

Gas Scenarios

Included in the website are descriptions of scenarios, some of which refer to potential cost savings customers may experience if they switch from electric to gas. The scenarios are only hypothetical examples and may not apply to you. For example, actual cost savings may vary depending on individual circumstances, including location within the state. If you would like to know whether and how said scenarios may apply to your circumstances, please reach out to the Company at the contact information below.

The scenarios referred to above are provided as examples only and are not representations or warranties of the Company. The Company expressly disclaims all liability and responsibility to any person who relies or partially relies, whether directly or indirectly, upon anything presented in or omitted from said scenarios.

Intellectual Property

The entire contents of the Website (including all information, software, text, displays, images, video and audio) and the design, selection and arrangement thereof, as may be updated from time to time (collectively, the “Content”), are owned by the Company or its licensors and are protected by United States and international laws regarding copyrights, trademarks, service marks, trade secrets and other intellectual property or proprietary rights.

You are permitted to use the Website Content for your personal, non-commercial use only, and in accordance with all applicable laws.  Permitted uses of the Website Content include:

Notwithstanding the permitted uses described above, no right, title or interest in or to the Website or any Content is transferred to you. 

Except as expressly set forth in the paragraph above, you are not permitted to copy, modify, create derivative works of, display, perform, publish, delete, distribute, exploit, download, store, transmit or otherwise use, in whole or in part, any of the Content for any purpose without the prior written consent of the Company, which may be withheld at the Company’s sole discretion, including, without limitation:

If you violate the terms of this Section, your right to use the Website will cease immediately and you must, at our option, return or destroy any Content or copies of the Content in your possession or control. Any use of the Website Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Copyrights

Any notice of an alleged copyright infringement should be directed to the Company at the address provided at the end of these Terms of Use.

Company Trademarks

The Company name, the terms “Hawaii Gas” and “The Clean Energy Company”, the Company logo and all related names, logos, product and service names, images, designs and slogans, whether the same are registered or unregistered, are trademarks or service marks of the Company, its affiliates and/or its licensors. You are not permitted to use any such marks without the prior written permission of the Company, which may be withheld at the Company’s sole discretion.

Prohibited Uses

You agree not to use or attempt to use the Website or any Content:


You further agree not to or attempt to:

Monitoring And Enforcement; Termination

Notwithstanding anything in these Terms of Use to the contrary, the Company has the right to:


HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM ANY CLAIMS BY YOU ARISING IN CONNECTION WITH ANY ACTION TAKEN BY THE COMPANY OR ANY LAW ENFORCEMENT AUTHORITY IN CONNECTION WITH ANY INVESTIGATION INTO AN ALLEGED ILLEGAL OR UNAUTHORIZED USE BY YOU ORANY PARTY, WHETHER ACTING THROUGH YOU OR ON YOUR BEHALF.

No Reliance On Information Posted

The information presented on or through the Website is made available solely for general information purposes only. The Company makes no representations or warranties of any kind, whether express or implied, as to the accuracy, completeness, or usefulness of the Content or other information published on the Website. Any reliance you place on such Content or information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such Content or information by you or any third party.

Changes to The Website

We may, but are not obligated to, update the Website from time to time at our sole discretion and without notice to you. Changes or updates to the Website may involve suspending access to the Website temporarily or for an indefinite period of time, at our sole discretion.

Information About You And Your Visits to The Website

We collect and use information about you in accordance with the Privacy Policy. Please review the Privacy Policy in its entirety.  By using the Website, you consent to the Company’s collection and use of certain data and information, and you represent and warrant that all information provided by you is accurate.

Linking to The Website

You may insert a link to the Website homepage on any website that is owned by you, subject to the following restrictions:

Use of a link to the Website shall not disparage, damage or exploit the reputation of the Company, as determined by the Company in its sole discretion. 

You must comply with all applicable laws in linking to the Website.

You are not permitted to link to the Website in a manner that may suggest any support, approval or endorsement by the Company, unless previously approved in writing by the Company. 

You are not permitted establish a link from any website that is not owned by you. 

You are not permitted to “frame” the Website on any other website, nor may you create a link to any part of the Website other than the homepage. 

The website from which you are linking must comply in all respects with federal, state and county laws and follow best website management practices, as applicable. 

You agree to cooperate with the Company in terminating and preventing any unauthorized framing or linking to the Website. We reserve the right to withdraw linking permission without notice.

Links From The Website

The Website may from time to time contain links to other websites and resources provided by third parties (e.g., advertisements including links to third party service or good providers, links to payment platforms for the payment of amounts owed to the Company), which are provided for your convenience only. The Company has no control over the contents of the websites, goods or services that may be advertised on or relating to the Website or the Company and disclaims any liability or responsibility for any loss or damage that may arise from your use of said links. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The Website is owned and provided by the Company for use only by persons located in the United States. The Company makes no claims that the Website or any of its content is accessible, appropriate or legal in any country other than the United States. Access to the Website may not be legal for certain persons or in certain countries. If you access the Website from a country other than the United States, you do so at your own risk and are responsible for compliance with local laws.

Disclaimer Of Warranties

You understand that the Company cannot and does not guarantee or warrant that the Website, Content or downloadable files from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and safeguards to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT OR ADVERSELY IMPACT YOUR COMPUTER EQUIPMENT, COMPUTER SOFTWARE, DATA, PROPRIETARY MATERIAL, OR OTHER INFORMATION DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OFANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND IN CONNECTION WITH THE WEBSITE AND THE CONTENT, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation On Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS BE LIABLE FOR DAMAGES, COSTS OR EXPENSES OF ANY KIND, UNDER ANY LEGALT HEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR SUCH OTHER WEBSITES, SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR OTHER WEBSITES LINKED TO THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BYTORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold the Company, its affiliates and licensors and their respective officers, directors, managers, members, employees, contractors, agents, representatives, licensors and suppliers harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising from, related to, or connected to your violation of these Terms of Use or your use of the Website or the Content, including, without limitation, any services and products offered through the Website, made by any person, entity or organization claiming by, through or under you.

Governing Law; Dispute Resolution

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Hawaii without giving effect to any choice or conflict of law provision or rule (whether of the State of Hawaii or any other jurisdiction).  Any dispute arising out of, or related to, these Terms of Use or the Website shall be submitted to binding arbitration with Dispute Prevention & Resolution Inc. in Honolulu, Hawaii in accordance with its arbitration rules then in effect, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state of residence or any other relevant state.

Waiver And Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Hawaii Gas with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments And Concerns

The Website is operated by The Gas Company, LLC dba Hawaii Gas. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to:

The Gas Company, LLC dba Hawaii Gas
c/o IT Department
PO Box 3000
Honolulu, HI 96802-3000

You may also contact us by phone or online inquiry at:
https://www.hawaiigas.com/contact-us

Thank you for visiting the Website.

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