Enbridge Gas Utah, Idaho & Wyoming Terms and Conditions

PART 1 - TERMS APPLICABLE TO THE WEBSITE AND OFFERED SERVICES

1. APPLICATION OF THE TERMS OF USE

These terms of use (the "Terms of Use") apply to the use of this website (the "Website") and any services offered ("Offered Services") through this Website, except where otherwise specified. Please read these Terms of Use carefully before using the Website and the Offered Services as they contain important information that you should be aware of before using this Website and any Offered Services. In addition to these Terms of Use, certain Offered Services may have additional terms and conditions in relation to your use of such Offered Services, which are set forth in Part 2 hereof. This Website and the Offered Services are provided to you as a convenience.

BY ACCESSING AND BROWSING THE WEBSITE WITHOUT USING ANY OFFERED SERVICES, YOU AGREE TO PART 1 OF THESE TERMS OF USE WITH ENBRIDGE INC. ("Enbridge") AND ITS AFFILIATES AND SUBSIDIARIES (collectively, the "Companies"). BY ACCESSING AND USING ANY OFFERED SERVICES CONTAINED IN THIS WEBSITE, THEN IN ADDITION TO PART 1, YOU AGREE TO PART 2 OF THESE TERMS OF USE WITH THE COMPANIES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE PLEASE STOP USING THE WEBSITE AND THE OFFERED SERVICES IMMEDIATELY.

Except as provided for in Part 2 of these Terms of Use, the Companies may revise and update these Terms of Use at any time without notice. Please periodically review the Terms of Use posted at the Website. Your continued usage of the Website will mean acceptance of those changes. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website.

The information and material on this Website may be changed, withdrawn, or terminated at any time in our sole discretion without notice. The Companies will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period or Website content that is not required by applicable law has been removed from the Website is not retained by Companies once removed.

The Terms of Use apply only to your use of the Website and the Offered Services and do not apply to any other services or products that you may purchase from the Companies or any third party.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions or in Canada. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Companies and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Companies reserve the right to withdraw or amend this Website, and any service or material they provide on the Website, including, without limitation the Offered Services, in the Companies’ sole discretion without notice. The Companies 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 Companies may restrict access to some parts of the Website, or the entire Website, to users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by the Companies’ Privacy Policy and you consent to all actions the Companies take with respect to your information consistent with their Privacy Policy.

2. NO SOLICITATION

   The information provided about the Companies through this Website is intended solely for the general knowledge of visitors to the Website and does not constitute an offer or a solicitation of an offer for the purchase or sale of any shares or other securities of the Companies. The information on this Website is not intended to modify, qualify, supplement or amend information disclosed under corporate and securities legislation of any jurisdiction applicable to the Companies and should not be used for the purpose of making investment decisions concerning securities of the Companies.

3. CURRENCY AND ACCURACY OF INFORMATION

   Although the Companies make reasonable efforts to ensure that the information provided through this Website is current and accurate, the Companies make no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.

   Certain documents and other materials on this Website, including investor presentations, conference calls and documents filed by the Companies with Canadian and U.S. securities regulators and listed and/or linked to the Website, speak only as of the dates on which such documents and materials were filed or otherwise used by the Companies. The contents of such documents or materials may become out-of-date, however, the Companies assume no obligation to publicly update or revise those documents and materials, whether as a result of new information, future events or otherwise, except to the extent required by law.

4. HARDWARE, SOFTWARE AND INTERNET ACCESS

   It is your responsibility to ensure that you have the appropriate hardware, software, and Internet access services to access the Website and allow proper use of the Website and any Offered Services. If you have difficulty using the Website or the Offered Services, please notify the Companies. Neither the Companies nor any third parties on the bill shall be responsible for any of your costs associated with your use and/or access of the Website and any Offered Services.

5. LINKS TO THIRD PARTY SITES

   The Website contains links to third party sites. These links have been provided solely as a convenience for users of the Website and do not constitute an endorsement by the Companies of the content of such third party sites. Links to the Website may also be provided from other sites either known or unknown to the Companies. Access to any other website linked to or from the Website is at your own risk. The Companies have not reviewed and are not responsible for the content of any third party sites linked to or from the Website and do not make any representations regarding the content or accuracy of materials on such third party sites.

6. LINKING TO THE WEBSITE

   You may link to the Website, provided: (i) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; (ii) you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, except as we may have separately agreed in writing; (iii) the website in which you are linking must comply in all respects with these Terms of Use; and (iv) the Website must not be framed on any other site.

   We reserve the right to withdraw linking permission without notice.  You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

7. LIMITED LICENSE, COPYRIGHT, TRADEMARKS AND USE

   The Website and its contents are protected by copyright, trademark and other proprietary rights of the Companies or third parties. Except as expressly permitted in these Terms of Use, no portion of the Website or its contents, including trademarks, logos and service marks, may be reproduced in any form, or by any means, without prior written permission from the Companies, or the applicable third party and nothing herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property, including patent, trademark or copyright of the Companies or any third party.  Use of any such property, except as expressly authorized, will constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

   The Companies, as applicable, grant to you a limited, personal, non-transferable license to use and copy materials published by the Companies on the Website solely for your personal and non-commercial use in support of the Companies’ products or services. Such license is revocable by the Companies, as applicable, at any time and at the Companies' sole option. No other use of the materials is authorized. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

   • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
   • You may store files that are automatically cached by your Web browser for display enhancement purposes.
   • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
   • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
   • If we provide social media features with certain content, you may take such actions as are enabled by such features.

   In consideration of this limited license, you agree that:

   • you have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the Company;
   • any copy of Website materials which you make shall retain all copyright, trademark and other proprietary notices in the same form and manner as on the original and you must explicitly acknowledge the Companies as the provider of such content and the owner of such copyright or trademark; you may not sell or modify the materials on the Website or reproduce, display, distribute or publish the such material except as expressly permitted herein or allowed by applicable laws;
   • you will use the Website, the Offered Services, and any other content or information found on the Website solely for lawful purposes;
   • you will not access or use for any commercial purposes any part of the Website or any services or materials available through the Website;
   • you will not upload to, distribute to or otherwise disseminate through the Website any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive or otherwise violates any law or infringes or violates any rights of another person or entity, or contains a solicitation of funds, advertising or a solicitation for goods or services; all the information you provide on the Website is correct, current, and complete and, if the information is provided in respect of an Offered Service, you will continue to update such information so it remains current; and
   • you will be solely responsible for the content of any material or information that you make available through the Website. You will also be liable for any loss or damage resulting, directly or indirectly from you making any material or information available through the Website.

   You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

   If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Companies. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Please note that the permission granted herein terminates automatically if you breach any of these Terms of Use.

8. SECURITY AND ACCOUNT SET UP

   Electronic communication over the internet or other networks you use to access the Website or communicate with us (including without limitation social media platforms) is not secure or confidential and may be subject to possible interception, loss and/or alteration. The Companies are not responsible for the security of information you choose to communicate with the Companies while it is being transmitted, or for any data lost or altered during transmission.  In using Website and the Offered Services, you acknowledge and assume the risks associated with electronic communication over the internet and other networks. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

   You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting, or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, data mining technique or other automatic device, process, or means to access the Website for any purpose, including cataloging, monitoring, copying or otherwise reproducing, storing or distributing any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; (i) probing, scanning or testing the vulnerability of our Website or any system or network; (j) forging headers or otherwise manipulating identifiers to disguise the origin of any information transmitted to or through the Website;  (k) reverse engineering, decompiling or modifying the Website, in whole or in part; and (k) otherwise attempting to interfere with or disrupt the proper working of the Website.

   You acknowledge that your use of portions of the Website, including an Offered Service, may require a user identification reference (referred to below as an “email login”) and password. You must keep your email login and password confidential.  You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You will be responsible for any use of any Offered Services through the use of your email login and password whether or not authorized by you.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You also agree to ensure that you exit from your account at the end of each session.

   We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

9. FORWARD LOOKING STATEMENTS

   This Website may contain certain forward looking statements and information (FLI) to provide shareholders of the Companies and potential investors with information about the Companies and their respective subsidiaries and affiliates, including management's assessment of the Companies and their respective subsidiaries and affiliates' future plans and operations, which FLI may not be appropriate for other purposes. FLI is typically identified by words such as "anticipate", "expect", "project", "estimate", "forecast", "plan", "intend", "target", "believe", "likely" and similar words suggesting future outcomes or statements regarding an outlook. All statements other than statements of historical fact may be FLI. Although management believes that the FLI is reasonable based on the information available today and processes used to prepare it, such statements are not guarantees of future performance and you are cautioned against placing undue reliance on FLI. By its nature, FLI involves a variety of assumptions, which are based upon factors that may be difficult to predict and that may involve known and unknown risks and uncertainties and other factors which may cause actual results, levels of activity and achievements to differ materially from those expressed or implied by these FLI. Information about these assumptions, risks and uncertainties can be found in applicable filings with Canadian and U.S. securities regulators. Due to the interdependencies and correlation of these factors, as well as other factors, the impact of any one assumption, risk or uncertainty on FLI cannot be determined with certainty. Except to the extent required by law, the Companies and their respective subsidiaries and affiliates assume no obligation to publicly update or revise any FLI, whether as a result of new information, future events or otherwise.

10. ENVIRONMENTAL AND SUSTAINABILITY-RELATED INFORMATION

    This website includes information and data related to the Companies’ ESG goals and sustainability-related activities, commitments, and plans, or statements about the environmental benefits of our business activities and any effects of our business on climate change.

    We follow best practices in sustainability reporting, including alignment with internationally-recognized methodologies, standards, frameworks and recommendations.

    The Companies’ ESG goals and sustainability-related activities, commitments, and plans, and associated information and data, involve forward-looking information and are based on a variety of assumptions, estimates, judgments, risks, and uncertainties.

    The achievement of our ESG goals and sustainability-related commitments will depend on the collective efforts and actions across a wide range of stakeholders, and the development of technologies, all of which are largely outside of our control, and there can be no assurance that they will be achieved.

    Our ESG goals and pathways for reducing our operational emissions over time continue to evolve and may need to be restated, modified, or recalibrated as available data improves, as standards, methodologies, metrics and measurements mature, and as legislation, regulations, policies, and stakeholder sentiment evolve.

11. TERMINATION

    The Companies may terminate your use of the Website and the Offered Services or a particular Offered Service, if you have used the Website and any Offered Services in any way that is contrary to law, these Terms of Use, or in any way that disrupts the Website or Offered Services.

12. DISCLAIMER AND EXCLUSION OF WARRANTY
    

    TO THE FULLEST EXTENT PROVIDED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE AND THE OFFERED SERVICES ARE PROVIDED TO YOU BY THE COMPANIES AS A CONVENIENCE TO YOU AND WITHOUT ANY MONETARY CHARGE TO YOU. IN RETURN, YOU AGREE THAT YOUR USE OF THE WEBSITE AND ANY OFFERED SERVICES (INCLUDING DOWNLOADING ANY MATERIALS AND INFORMATION FROM THE WEBSITE) IS AT YOUR SOLE RISK AND IS PROVIDED BY THE COMPANIES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR THAT ARE PROVIDED PURSUANT TO PART 2 OF THESE TERMS OF USE.

    NEITHER THE COMPANIES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS (THE “ENBRIDGE PARTIES”) MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, THE ENBRIDGE PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, OR ITS MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS, WILL BE ACCURATE, COMPLETE, TIMELY, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

    THE ENTIRE RISK ARISING OUT OF USE, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE AND THE OFFERED SERVICES REMAINS WITH YOU. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. EXCLUSION AND LIMITATION OF LIABILITY

    EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL THE ENBRIDGE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE, OR INABILITY TO USE, OR RELIANCE ON THE WEBSITE, ANY OFFERED SERVICE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON AND/OR FOR ANY BREACH OF THE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OR GOODWILL OR ANTICIPATED SAVINGS, LOSS OF USE, BUSINESS INTERRUPTION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOSS OF DATA OR ANY OTHER PECUNIARY LOSS, EVEN IF SUCH PARTIES OR ANY ONE OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. 

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, AND ANY OFFERED SERVICES AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND THE OFFERED SERVICES.

    The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

14. INDEMNIFICATION

    YOU AGREE TO INDEMNIFY AND HOLD EACH OF THE COMPANIES HARMLESS FROM ALL CLAIMS, LIABILITIES, DAMAGES AND LOSSES, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, THE WEBSITE MATERIAL, ANY OFFERED SERVICE, OR YOUR BREACH OF THE TERMS OF USE OR YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.

15. INVALIDITY OF PROVISIONS

    If any provision or provisions of the Terms of Use shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

16. JURISDICTION

    The owner of the Website is based in the province of Alberta in Canada.  Except where specified in Part 2 of these Terms of Use in respect of the Offered Services, these Terms of Use shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein, excluding the conflict or choice of law provisions. You agree to comply with all applicable laws and regulations in your use of the Website and the Offered Services, including all applicable federal, provincial and local laws. Access to the materials on the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of Canada or the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Unless otherwise set out in Part 2 of these Terms of Use in respect of the Offered Services: (i) any dispute arising out of the use of the Website or these Terms of Use shall be governed by the laws of the Province of Alberta, Canada; and (ii) you agree to submit to the non-exclusive jurisdiction of the courts in the Province of Alberta, Canada.

17. HEADINGS

    The headings contained herein are for convenience of reference only and shall not form part of the Terms of Use. Such headings shall be ignored in the interpretation or construction of any of the Terms of Use.

18. ENTIRE AGREEMENT

    The Terms of Use, which may be modified from time to time, including any documents referenced herein and any other applicable terms and conditions contained on the Website and the Offered Services, constitute the entire agreement between the Companies and you pertaining to your use of the Website and the Offered Services. The Companies' failure to enforce any provision of the Terms of Use shall not be construed as a waiver of such provision. For clarity, an Offered Service may have additional terms and conditions pertaining to the use of such Offered Service, which additional terms may be found on that portion of the Website relating to such Offered Service or which may have been provided to you by other means. To the extent of any inconsistency or conflict between the terms of Part 1 and Part 2 of the Terms of Use, for an Offered Service, the terms of Part 2 of these Terms of Use shall supersede the terms of Part 1.

19. ASSIGNMENT

    The Terms of Use shall bind and enure to the benefit of the parties and their respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder.

20. ENGLISH LANGUAGE

    The parties confirm that it is their wish that the Terms of Use any other documents delivered or given pursuant to the Terms of Use, including notices, have been and shall be in the English language only. Les parties aux présents confirment leur volonté que cette convention de même tous les documents, y compris tous avis, s'y rattachant, soient rédigés en anglais seulement.

21. PRIVACY STATEMENT

    By using the Website, you acknowledge notice of Enbridge's Privacy Statement.

    By using this Website you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Website may not function adequately. For more information on this automated information gathering practices, see [LINK TO PRIVACY POLICY COOKIES PROVISION].

22. REPORTING AND CONTACT

This website is operated by Enbridge Inc. at Suite 200, [Address].

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy found at [LINK TO COPYRIGHT POLICY] in the manner set out therein.

Should you become aware of misuse of the website including libelous or defamatory conduct, you must report it to the Company at [EMAIL ADDRESS].

If you are having issues with the accessibility of this Website, please contact the Company at [EMAIL ADDRESS]

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [EMAIL ADDRESS].

23. ACCESSIBILITY

The Companies are committed to providing an accessible and inclusive digital experience for all users, including those with disabilities. This commitment aligns with our values of diversity, equity, and inclusion, and ensures compliance with the Americans with Disabilities Act (ADA) and other relevant accessibility standards, such as Section 508 of the Rehabilitation Act and the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. This provision applies to the Website.

The Companies strive to meet or exceed the requirements of the WCAG 2.1 Level AA guidelines. This includes, but is not limited to:

• Perceivable: Ensuring content is available to all users in various formats, including text alternatives for non-text content, captions for multimedia, and adaptable layouts.
• Operable: Providing navigable interfaces, keyboard accessibility, and sufficient time for interaction.
• Understandable: Offering content that is clear, readable, and predictable in behavior.
• Robust: Creating content that is compatible with a wide range of assistive technologies and adaptable to changing user needs.

The Companies are committed to the continuous improvement of our digital accessibility. To achieve this, we will:

• Regularly audit our digital properties for accessibility compliance.
• Implement accessibility enhancements as part of our development process.
• Provide training for our web developers, content creators, and other relevant staff on accessibility best practices.
• Solicit feedback from users with disabilities to identify areas for improvement.

We encourage users who experience difficulty accessing our digital content to contact us for assistance. Complaints or requests regarding accessibility should be directed to:

Enbridge Inc. at Suite 200, [Address]

The Companies will work diligently to address and resolve any reported accessibility issues in a timely manner.

24. ACKNOWLEDGMENTS

You agree that any material, information, and ideas that you transmit to this Website or otherwise provide to the Companies ("Transmissions") shall be and remain the Companies’ property. By submitting any Transmissions to the Companies, you represent and warrant that:

1. you are the sole author and owner of the Transmission and any intellectual property rights thereto;
2. all "moral rights" that you may have in such Transmission have been voluntarily waived by you;
3. all Transmissions that you post are accurate;
4. you are at least 13 years old; and
5. use of the Transmission you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any Transmission:

1. that is known by you to be false, inaccurate or misleading;
2. that infringes any third party's intellectual property rights or rights of publicity or privacy;
3. that violates any law, statute, ordinance or regulation;
4. that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
5. for which you were compensated or granted any consideration by any third party;
6. that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
7. that contains any computer viruses, worms or other potentially damaging computer programs or files.

For any Transmission, you grant the Companies a perpetual, irrevocable, royalty-free, transferable right and license (through multiple tiers) to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

The Companies reserve the right to change, condense or delete any Transmission that they deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. The Companies do not guarantee that you will have any recourse through the Companies to edit or delete any Transmission you have submitted. The Companies reserve the right to remove or to refuse to post any Transmission for any reason. You acknowledge that you, not the Companies, are responsible for the contents of your Transmission. None of the content that you submit shall be subject to any obligation of confidence on the part of the Companies, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your Transmission, you agree that the Companies and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.

The Companies shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that the Companies may use information about your demographics and use of this Website in any manner that does not reveal your identity.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Consent to Use Electronic Communications

To the extent permitted by applicable law, you consent to electronically receive all records, notices, communications, and other items for the Website provided to you under these Terms of Use and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to these Terms of Use electronically, you represent that: (a) you have read and understand this consent to receive Communications electronically; (b) you satisfy the minimum hardware and software requirements specified below; and (c) your consent will remain in effect until you withdraw your consent as specified below.

Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at 1-800-362-7557. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that withdrawal of your consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your account. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.

In order to access and retain Communications provided to you electronically, you must have the appropriate software systems and hardware systems to accept such electronic Communications.

We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve the right, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating these Terms of Use, without obligation to deliver notice to you of such termination or change.

All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Statement.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Notice For California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to orders@officedepot.com. You may also contact us by writing to __________________________, Attn: ________________ or by calling __________________. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Third-Party Beneficiary

You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms of Use, with all rights to enforce such provisions as if such service providers were a party to these Terms of Use.

Termination

These Terms of Use are effective until terminated by either party. The Companies may terminate or suspend these Terms of Use at any time without notice to you.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Website may be referred to appropriate law enforcement authorities. You acknowledge and agree that the Companies shall not be liable to you or any third party for any termination of your access to the Website.

Admissibility of printed version. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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PART 2 - TERMS APPLICABLE TO OFFERED SERVICES (ENBRIDGE GAS INC.)

1. GENERALLY

   (a) In addition to the general conditions set out in Part 1 of these Terms of Use, this Part 2 contains additional terms and conditions that relate to particular Offered Services that are offered by Enbridge Gas Inc. ("EGI"). By using the EGI portion of the Website and the Offered Services, you acknowledge notice of EGI's privacy statement, as the case may be.

   (b) The Offered Services are provided to you as a convenience to you and without charge. EGI reserves the right to withdraw any of the Offered Services at any time upon providing any notice that may be required by applicable law in any manner prescribed by applicable law. EGI reserves the right to change any provision herein at any time upon notice to you. If you do not agree to EGI's proposed change, you may terminate the Offered Service without penalty to you. If no manner of notice is prescribed for the termination of a service or a change in these Terms of Use in respect of an Offered Service, EGI may use any manner in its discretion, including providing notice through this Website or through a message sent via the Offered Service.

   (c) The EGI Offered Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, excluding the conflict or choice of law provisions. Any dispute arising out of the use of the Offered Services shall be governed by the laws of the Province of Ontario, Canada. You agree to submit to the exclusive jurisdiction of the courts in the Province of Ontario, Canada.

   (d)  Further to Section 8 of Part 1, EGI is not responsible for and will not be liable to you or anyone else for any damages in connection with an email, text message or any other electronic message sent by you to EGI, or an email, text message or any other electronic message sent by EGI to you.

2. AUTHENTICATION AND ELECTRONIC SIGNATURE CONSENT

EGI offers the ability to request and amend services, submit and receive information and documentation, apply for EGI incentives and offers and otherwise manage your EGI accounts and your receipt of Offered Services through the Website. You acknowledge that EGI will verify your identity for the purposes of the Offered Services through your use of your email login and password, as well as additional measures for account security verification which may include multi-factor authentication (e.g. SMS / text codes) or other means, which collectively is a reliable method for identifying you to us. EGI requires your consent to the use of various online documents and your submission of them with your electronic signature when you use certain Offered Services. EGI therefore asks you to please note the following:

(a) the various EGI online documents contain all the same information as our paper-based documents and are organized in generally the same manner;

(b) when you are requested to view an online document or document, you should scroll through the entire document and review it carefully prior to clicking “I Agree”, or “I Accept” or otherwise denoting acceptance of the content, terms and conditions of the document or document;

(c) when you complete the online document and then click “I Agree”, or “I Accept” or otherwise apply or associate your electronic signature to a document in accordance with the instructions that EGI has provided to you, you are providing agreement and our system will save your document into our computer systems and then will permanently associate your electronic signature (consisting of your email login and/or if you are requested to type your name, your written name) with the completed document;

(d) your use of the electronic signature functionality denotes consent to receive information and documents electronically from EGI;

(e) prior to submitting a completed online document, you will be asked to review the completed document. After you have consented to your completed online document as described in the section above either a screen will immediately confirm to you, or an email may be sent to confirm to you, that your completed online document has been received by EGI. You should print or save electronically a copy of your completed document for your records; and

(f) EGI uses reasonable methods to protect the security surrounding this online application system, including the use of industry standard encryption and firewalls.

1. ELECTRONIC BILLING SERVICES

   (a) If you are eligible and participating in electronic billing services (the "eBill"), you will no longer receive a paper bill. You will receive an email to notify you when your electronic bill is ready for viewing, and such email may include your EGI account number, the payment due date, the amount due on the payment due date and a PDF attachment of your full bill. You may choose to update your account preferences online if you would prefer not to receive a PDF attachment of your bill. It is your responsibility to ensure that your information, including email address, is correct and up to date. Failure to receive email notification does not limit or affect your obligation to pay your bill on time.

   (b) Once enrolled and for so long as you are using eBill, you have a limited, personal, non-transferable license to view, download an electronic version and print your bill and any inserts or enclosures (collectively the "Materials"). You may not alter, change, distort or otherwise modify the Materials or any content contained therein, including the amount and description of the charges on the bill or any terms or any proprietary notices contained on any of the Materials. You will not access or attempt to access any Materials, including the bill, of any other person.

   (c) Printed copies of your electronic bill cannot be used to route a payment through an automated teller or a teller at a bank or by mailing a cheque.

   (d) The Exclusion and Limitation of Liability contained within Section 13 of the Terms of Use shall apply to eBill for the benefit of the Companies and any third parties whose charges appear on the electronic bill or who have contributed enclosures or inserts to the electronic bill.

2. ONLINE SELF-SERVICE METER READING (THE "ONLINE READING")

By submitting an Online Reading for an EGI account (the "Account") through the Website, you declare and acknowledge that:

(a) The Online Reading is accurate to the best of your knowledge, that you are authorized as or by the Account holder to submit the Online Reading, and that you authorize EGI to rely on the Online Reading for the purposes of measurement, billing and collection for natural gas distribution and related services;

(b) The Online Reading does not in any way derogate from, or substitute for, the right of EGI, according to all applicable laws, to access all parts of the premises to which EGI provides natural gas distribution and related services; and

(c) Without limitation to the generality of the foregoing, EGI retains the right to interrogate any EGI meter, reject or amend the Online Reading, and to estimate a reading for any EGI meter for the purposes of measurement, billing and collection for natural gas distribution and related services.

Online Reading is not available for Large Business Account customers or where prohibited by law.

3. ELECTRONIC BILLING SERVICES

(a) If you are eligible and participating in electronic billing services (the "eBill"), you will no longer receive a paper bill. You will receive an email to notify you when your electronic bill is ready for viewing, and such email may include your EGI account number, the payment due date, the amount due on the payment due date and a PDF attachment of your full bill. You may choose to update your account preferences online if you would prefer not to receive a PDF attachment of your bill. It is your responsibility to ensure that your information, including email address, is correct and up to date. Failure to receive email notification does not limit or affect your obligation to pay your bill on time.

(b) Once enrolled and for so long as you are using eBill, you have a limited, personal, non-transferable license to view, download an electronic version and print your bill and any inserts or enclosures (collectively the "Materials"). You may not alter, change, distort or otherwise modify the Materials or any content contained therein, including the amount and description of the charges on the bill or any terms or any proprietary notices contained on any of the Materials. You will not access or attempt to access any Materials, including the bill, of any other person.

(c) Printed copies of your electronic bill cannot be used to route a payment through an automated teller or a teller at a bank or by mailing a cheque.

(d) The Exclusion and Limitation of Liability contained within Section 13 of the Terms of Use shall apply to eBill for the benefit of the Companies and any third parties whose charges appear on the electronic bill or who have contributed enclosures or inserts to the electronic bill.

4. ONLINE SELF-SERVICE METER READING (THE "ONLINE READING")

By submitting an Online Reading for an EGI account (the "Account") through the Website, you declare and acknowledge that:

(a) The Online Reading is accurate to the best of your knowledge, that you are authorized as or by the Account holder to submit the Online Reading, and that you authorize EGI to rely on the Online Reading for the purposes of measurement, billing and collection for natural gas distribution and related services;

(b) The Online Reading does not in any way derogate from, or substitute for, the right of EGI, according to all applicable laws, to access all parts of the premises to which EGI provides natural gas distribution and related services; and

(c) Without limitation to the generality of the foregoing, EGI retains the right to interrogate any EGI meter, reject or amend the Online Reading, and to estimate a reading for any EGI meter for the purposes of measurement, billing and collection for natural gas distribution and related services.

Online Reading is not available for Large Business Account customers or where prohibited by law.

5. ENBRIDGE ON-LINE ACCOUNT SERVICE

By enrolling for on-line access to your Enbridge Account (the “On-Line Account Service”), you declare and acknowledge that:

(a) There are two types of On-Line Account Service access: (i) Residential (Rate 1) and Commercial (Rate 6) (collectively, “Mass Market”) access; and (ii) Large Business access. Your EGI bill indicates your access type for the On-Line Account Service.

(b) Mass Market and Large Business Account access are separate Offered Services. Your email login must be unique for each Account access type, and cannot be used for any other access type. For certainty, if you require access to both Mass Market and Large Business Accounts in the On-Line Account Service, you must have a separate email login for each type of access.

(c) Any information provided by you through the On-Line Account Service will be accurate and complete.

(d) You will not use the On-Line Account Service to access information about any Account unless you have the authority to do so by the person or company whose Account you are accessing.

(e) You will not provide any information to EGI through the On-Line Account Service unless you have the authority to provide such information to us.

(f) All information provided by you in the On-Line Account Service shall become the property of EGI who shall be entitled to use this data and to claim 100% of any natural gas savings arising from your use of the On-Line Account Service or any incentives offered through My Account.

(g) If you choose to submit on-line applications or information to EGI, the Electronic Signature Consent contained in Section 2 of Part 2 of the Terms of Use shall apply to such submissions.

(h) For certainty, the Disclaimer and Exclusion of Warranty and Exclusion and Limitation of Liability contained within Sections 12 and 13 of the Terms of Use shall apply to the On-Line Account Service for the benefit of the Companies and any third parties whose charges appear on the electronic bill or who have contributed enclosures or inserts to the electronic bill. In particular, EGI makes no representation, warranty or guarantee about the accuracy of any information in any report provided pursuant to the On-Line Account Service nor does EGI make any representation, warranty or guarantee about the accuracy of any savings that may be provided. Any dollar savings provided are estimated using EGI's commodity and distribution rates for typical households in the EGI franchise area; actual savings may vary household to household. In the event of any discrepancy between the information in the On-Line Account Service and the information on your EGI bill, the EGI bill will govern.

ADDITIONAL TERMS FOR LARGE BUSINESS ACCOUNT (“LBA”) CUSTOMERS

By enrolling for LBA On-Line Account Access, you declare and acknowledge that:

(i) Each LBA customer seeking access (the “LBA Customer”) shall appoint an “LBA Owner” and shall designate account number(s) to be associated with the LBA Customer’s access profile for the On-Line Account Services (the “LBA Profile”) using the agreement(s) designated from time to time by EGI. Only one LBA Owner may be appointed from time to time per LBA Profile. The LBA Customer will also be responsible for notifying EGI of the removal or addition of the LBA Owner.

(ii) The LBA Owner will have viewing and downloading privileges for all of the billing account information available on the On-Line Account Services for all of the accounts linked to the LBA Profile, and may amend the LBA Customer's billing account information and the LBA Profile (including, without limitation, the amendment of Customer contact information and billing addresses, the addition or removal of Account(s) from eBill and the addition or removal of LBA Users). The LBA Owner will receive an email notification when the electronic bill is ready for viewing if Account(s) associated with the LBA Profile are enrolled for eBill.

(iii) LBA Users are designated by the LBA Owner in writing or as otherwise permitted by EGI. LBA Users have viewing and downloading privileges for all billing account information available on the On-Line Account Services for all of the Accounts linked to the LBA Profile, and will receive an email notification when the electronic bill is ready for viewing if Account(s) associated with the LBA Profile are enrolled for eBill.

(iv) Each individual accessing the Offered Service for an LBA Customer (“Authorized Personnel”) shall be assigned an email login and shall select a password. Authorized Personnel will be able to change passwords and identifying information associated with their email login. Authorized Personnel shall include “LBA Users” and “LBA Owners”. EGI may limit the number of Authorized Personnel associated with each LBA Profile. LBA Customer is responsible for all acts or omissions of its Authorized Personnel.

(v) Upon receipt of a request to remove an Authorized Personnel from the LBA Profile, EGI shall take reasonable steps to remove such Authorized Personnel as soon as practicable. Notwithstanding the foregoing, the LBA Customer shall remain responsible for any use of the On-Line Account Services and all actions taken by such Authorized Personnel until the actual removal of such Authorized Personnel.

Revision Date: July 2024