ENSTAR Natural Gas Company Website Terms of Use
Last Updated: February 22, 2019

1. Your Acceptance

Welcome to the ENSTAR Natural Gas Company (“ENSTAR,” “Company,” “we,” or “us”) Website,https://www.enstarnaturalgas.com/. ENSTAR is a division of SEMCO Energy, Inc., an indirectly whollyowned subsidiary of AltaGas Ltd., with a principal place of business at 3000 Spenard Road, Anchorage,AK 99503.

By using and/or visiting the Website, including all Content (as defined below) or by accessing any associated content such as emails, RSS feeds, and linked social media accounts (collectively, the “Website”), you (“You,” “Customer,” or “User”) signify Your agreement to these website terms and conditions (“Terms of Use”).

You acknowledge (a) that You have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement.

You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In addition, You affirm that You have not been previously suspended or removed from the Website.

ATTENTION: PLEASE READ THESE TERMS OF USE AND THE ENSTAR PRIVACY POLICY, WHICH IS PART OF THESE TERMS OF USE PRIVACY POLICY CAREFULLY BEFORE USING THE WEBSITE. ACCESSING ANY PART OF THE WEBSITE INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND RELATED POLICIES AND NOTICES IN FULL. IF YOU DO NOT ACCEPT THESE TERMS OF USE AND RELATED POLICIES AND NOTICES, DO NOT USE, ACCESS, OR DOWNLOAD MATERIALS FROM THE WEBSITE AND LEAVE THE WEBSITE IMMEDIATELY.

We reserve the right to modify or discontinue the Website (or any portion of the Website), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Website. YOU AGREE THAT ENSTAR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE WEBSITE (OR ANY PORTION OF THE WEBSITE). Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to these Terms of Use.

We may change these Terms of Use at any time. Please review the Terms of Use each time You visit the Website. If We materially change these Terms of Use, We will let You know by sending an email to the account with which You registered. If We do not have Your email address, We will update this page to include any changes to the Terms of Use. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

These Terms of Use include a disclaimer of warranties, a disclaimer of liability, a release and indemnification by You, as well as a class action waiver, in Sections 1, 3, 5, 9, 11-16, and 19. Please review those sections (and all other terms) carefully.

2. Privacy Policy

Our Privacy Policy describes the information ENSTAR collects when You and others use the Website. It also describes how ENSTAR uses any personal information You share with it. By agreeing to these Terms of Use, You are also consenting to ENSTAR’s use of Your personal information in accordance with Our Privacy Policy. Please click here to review the ENSTAR Privacy Policy.

Collection of Your information, and how that information is used, may also be governed by ENSTAR’s Tariff: Rules and Regulations, Rate Schedules, and Standard Billing Forms, found here.

3. Links to and From the Website

The Website may contain links to third party websites and online services that are not owned or controlled by ENSTAR. ENSTAR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, ENSTAR will not and cannot control or edit the content of any third-party website or online service. BY USING THE WEBSITE, YOU EXPRESSLY RELEASE ENSTAR, ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, SUBCONTRACTORS, AND SUPPLIERS (COLLECTIVELY “THE ENSTAR PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, We encourage You to be aware when You leave the Website and to read the terms and conditions of use for each other website or online service that You visit.

Except as You have otherwise agreed with ENSTAR, You may link to the Website from Your website or online service, subject to the following: (1) You may not frame the Website or any portion of the Website (except You may do so with functionality provided by ENSTAR, if any); (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the ENSTAR name and not any logo; (4) You may not use any ENSTAR logo in any way; (5) You may not use the link in any way that suggests that ENSTAR is associated with or endorses You or Your website; (6) the link may not appear on any website or online service that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages ENSTAR or damages its rights, reputation or goodwill; and (7) We may terminate Your right to link to the Website at any time for any reason or no reason.

4. Access to Website; Users Who Violate Terms of Use

a.      Right to Access. ENSTAR hereby grants You permission to use the Website as set forth in these Terms of Use, provided that: (1) You will not copy, download or distribute any part of the Website in any form or medium without ENSTAR’s prior written authorization, except as permitted in Section 7 below; (2) You will not alter, modify, or make derivative works from any part of the Website without ENSTAR’s prior written authorization, except as permitted in Section 7 below; and (3) You will otherwise comply with these Terms of Use.

b.      Scope of Use and Access. You agree and acknowledge that Your access to the Website is limited to You as an individual user.

c.      No Assignment or Sublicense. You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, rent, lease, loan, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these Terms of Use, the Website, or any content or materials accessible through the Website, in whole or part.

d.      No Other Rights. No other rights are granted herein except as expressly set forth in these Terms of Use. Any and all other rights are expressly reserved to ENSTAR.

e.      Termination of User Accounts. ENSTAR may, in appropriate circumstances and at its sole discretion, disable or terminate the accounts of users who violate these Terms of Use, including, but not limited to, the accounts of (i) users who submit User Submissions that infringe copyrights, trademarks, rights of publicity, or other intellectual property rights, especially if they do so repeatedly and (ii) users who provide false or inaccurate information.

5. User Submissions

a.      The Website may permit the submission of material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted by You and other Users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published or posted, ENSTAR (1) does not guarantee any confidentiality with respect to any User Submissions, (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.

b.      You shall be solely responsible for Your own User Submissions and the consequences of sharing them. By submitting User Submissions to ENSTAR, You hereby grant ENSTAR\ and its successors, assigns, and affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers) and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, broadcast, perform, make, use, import, offer to sell, sell, and otherwise transfer and exploit all copyrights, inventions, and other intellectual property rights in the User Submissions in connection with the Website and ENSTAR’s (and its successors’, assigns’, and affiliates’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form and media formats and through any media channels.

c.      In connection with User Submissions, You represent and warrant that You will not: (i) transmit, submit, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit or post the material and to grant ENSTAR all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage ENSTAR or any third party; (iii) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) transmit, submit, or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, submitting, or posting User Submissions. ENSTAR does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ENSTAR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS. ENSTAR does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Website. ENSTAR will not necessarily monitor User Submissions. However, ENSTAR reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. ENSTAR also reserves sole discretion to decide whether Content (including a User Submission) is appropriate and complies with these Terms of Use.

d.      You understand that when using the Website, You may be exposed to User Submissions from a variety of sources, and that ENSTAR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST THE ENSTAR PARTIES WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD THE ENSTAR PARTIES HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE WEBSITE.

6. Restrictions on Use of Website; Security

a.      In Your use of the Website, You shall not:

  • provide false personal information or create an account for anyone other than Yourself without permission;
  • create more than one account;
  • create another account without Our permission, if We have disabled Your account;
  • share Your password, let anyone else access Your account, or do anything else that might jeopardize the security of Your account;
  • assign or transfer Your account or login information to anyone;
  • use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Website, provided, however, that general purpose Internet search engines and non commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided they do so from a stable IP address or range of IP addresses using an easily identifiable agent;
  • post, transmit or submit any confidential, false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law; 
  • upload, download, post, email or otherwise transmit, alter, modify, or make derivative works from any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party; 
  • use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use of the Website; 
  • obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Website; 
  • reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part of the Website, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this prohibition; 
  • facilitate gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize; 
  • impersonate or misrepresent any person or entity or Your affiliation with someone else;
  • misrepresent the source, identity, or content of information or works of authorship transmitted through the Website; 
  • remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Website; 
  • collect personally identifiable information of other users; 
  • harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications; 
  • solicit other users to join, become members of, or contribute money to any online service or other organization; 
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain mail, petitions, charity requests, pyramid schemes, or any other form of solicitation; 
  • post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Website; 
  • stalk or otherwise harass any person or entity; or 
  • harm minors in any way.  

b.      ENSTAR will fully cooperate with any law enforcement authorities or court orders requesting or directing ENSTAR to disclose the identity of anyone violating these Terms of Use.

c.      ENSTAR believes in children’s online safety and does not wish to receive information regarding children under 13 years old on the Website. Therefore, You may not post or transmit on or through the Website any personal information of a child under 13 years old or information sufficient to locate such a child. If You are under 13 years of age, then please do not submit any information to or use the Website.

d.      If You believe that any aspect of Your account is no longer secure, then You agree to immediately notify ENSTAR at cs@enstarnaturalgas.com.

7. Intellectual Property

Everything You see, hear, or otherwise experience through the Website, including but not limited to the graphics, videos, text, software, photographs, scripts, design elements, templates, interactive features and the like, the concepts and ideas underlying the Website, and all statistical, analytical, and other data captured by or through the Website (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to ENSTAR, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. ENSTAR owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on this Website may violate copyright, trademark, and other laws. ENSTAR and the ENSTAR logo are trademarks of ENSTAR.

Content on the Website is provided to You AS IS for Your information and personal use only. For Your personal use, You may view, copy, and print screenshots of the Website. Otherwise, the Website may not be copied, modified, downloaded, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ENSTAR reserves all rights not expressly granted in and to the Website, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in line links unless expressly permitted by ENSTAR in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by ENSTAR. You may not build a business using the Content, whether or not for profit. If You copy, screenshot, download or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Website.

8. Employment Applications

Please review our Privacy Policy for information on Your privacy in connection with submitting a resume or application through the Service. In connection with Your use of the Careers Page and Your submission of a resume or application through it:

  • submitting a “general application” and/or saving information from previous applications will not result in Your applying for any positions.  You need to submit a separate application for each specific position for which You would like to apply; 
  • applying for a position via the Service does not create a promise or contract for employment or the provision of any employment benefit.  If You are hired for a position at ENSTAR, Your employment will be at will; 
  • if You are unable to use our online application system due to a disability, please contact Human Resources at (907) 334-7656 or hr@enstarnaturalgas.com; and 
  • all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, ancestry, sex, national origin, sexual orientation, disability, age, marital status, familial status, status with regard to public assistance, military or veteran status, or any other status protected by applicable law.

9. Advertisements and Release

ENSTAR takes no responsibility for advertisements or any third party material posted on the Website, nor does it take any responsibility for the products or services provided by advertisers, companies, groups, event sponsors, partners or others that participate in the Website or other Content on the Website or link to other websites (“Advertisers”). Any dealings You have with Advertisers found while using the Website are between You and the Advertiser, and You agree that the ENSTAR Parties are not liable for any loss or claim that You may have against an Advertiser.

The Website may provide tools that enable users to connect with Advertisers. ENSTAR has no control over such Advertisers.

BECAUSE WE DO NOT SUPERVISE OR CONTROL INTERACTIONS AMONG OR BETWEEN USERS, COMPANIES, MEMBERS OF GROUPS, EVENT ORGANIZERS, AND OTHER PERSONS, ORGANIZATIONS, AND COMPANIES, AND BECAUSE WE ARE NOT INVOLVED IN ANY WAY WITH THE ACTIONS OF ANY INDIVIDUALS AT EVENTS OR ON THE WEBSITE, AND BECAUSE WE DO NOT CONTROL CREDIT CARD COMPANIES OR OTHER PAYMENT PROCESSING COMPANIES, AND BECAUSE WE CANNOT GUARANTEE THE TRUE IDENTITY, AGE, OR NATIONALITY OF USERS OR ADVERTISERS, AND BECAUSE WE HAVE VERY LIMITED CONTROL, IF ANY, OVER THE QUALITY, SAFETY, MORALITY, LEGALITY, TRUTHFULNESS OR ACCURACY OF VARIOUS ASPECTS OF THE WEBSITE, YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE ENSTAR PARTIES FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, YOUR INTERACTIONS WITH USERS OF THE WEBSITE, ADVERTISERS, OR OTHER THIRD PARTIES, ENSTAR’S RESOLUTION OF ANY DISPUTES AMONG USERS, AND/OR YOUR ATTENDANCE AT, OR THE ACTIONS OF YOU OR OTHER PERSONS AT, AN EVENT ORGANIZED THROUGH THE WEBSITE. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION (INCLUDING WITHOUT LIMITATION THE STATES OF MISSOURI, DELAWARE AND PENNSYLVANIA) TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.

10. Warranties

You warrant and represent to ENSTAR as set out below:

a.      The information provided to ENSTAR in any registration or application screen, profile, email, telephone call, or postings or through other means including all personal details, contact details and all other data provided to ENSTAR is true in all respects, up-to-date and not misleading.

b.      You will keep the information referred to in paragraph (a) up to date.

c.      You will not access the Website under false identity or pretext and will not use it to falsify Your or any other person’s identity.

d.      You will use the Website lawfully and in good faith.

e.      You will keep Your log-in details and password secure and will not share such information with third parties.

11. Pricing and Payment

a. Transactions. If You wish to use the “Pay My Bill” or other service made available by or through ENSTAR, as described on the Website (each such activity, a “Transaction”), You may be asked to supply certain information applicable to Your Transaction, including, without limitation, credit card and other information. Any information that You provide to ENSTAR will be handled in the manner described in Our Privacy Policy. You agree that all information that You provide in connection with Your Transaction will be accurate, current and complete. You agree to pay all charges incurred by You or any users of Your account and credit card at the price(s) set forth on the Website at the time of Your Transaction, however, such prices do not include and You must pay any excise, sales, use or like taxes associated with the Transaction. Prices advertised on the Website are subject to increase in the amount of any such tax that ENSTAR may be required to collect or pay in connection with the Transaction. You are responsible for (AND WILL INDEMNIFY THE ENSTAR PARTIES AGAINST) all taxes associated with Transactions entered into by You or users of Your account through the Website (excepting taxes based on ENSTAR’s income).

TRANSACTIONS THROUGH THE WEBSITE MAY BE REGULATED BY CERTAIN STATE AND FEDERAL LAWS OR REGULATIONS.  YOU ACKNOWLEDGE THAT COMPLYING WITH LAWS IS YOUR RESPONSIBILITY, AND YOU AGREE NOT TO HOLD ENSTAR OR THE ENSTAR PARTIES LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR ENSTAR’S FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. You agree that You will not attempt to conceal Your identity by using multiple Internet Protocol addresses or email addresses to use or to enter Transactions on the Website. You grant ENSTAR the right to provide any information You submit to third parties for purposes of facilitating the completion of Transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

b. Pricing. Pricing for Transactions shall be as set forth on the Website, which pricing may be changed by ENSTAR from time to time. ENSTAR may choose to temporarily change pricing for promotional events or new services, and such changes shall be immediately effective when ENSTAR posts the temporary pricing change to the Website. All prices on the Website are stated in U.S. Dollars, and payment must be made in U.S. Dollars.

c. Payment Processing. When You conduct a Transaction, processing of the Transaction and collection of payments may be handled by Official Payments, our payment processor. Transactions will be processed only after Your account has been verified and are subject to ENSTAR payment terms. If We receive incorrect billing or credit card account information, the processing of Your Transaction will be cancelled without further notice. For certain services, the Company may also process payment through bank account information that You provide.

d. Transaction Confirmation. If You do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if You experience an error message or service interruption after submitting payment information, it is Your responsibility to confirm with ENSTAR whether or not Your Transaction has been completed.

e. Payment Methods. ENSTAR accepts payment via Visa, MasterCard, and Discover. All credit card transactions are processed through Official Payments or its designated providers, as the case may be. Such parties will collect the Transaction amount and a credit card processing fee from You, and thereafter will deduct the credit card processing fee and remit payment of the Transaction amount to ENSTAR in accordance with such party’s merchant card processing terms in effect from time to time.

f. Refunds. Before entering a Transaction on the Website, carefully review the Website, all policies and terms, and the Tariff. Unless otherwise agreed to in writing by ENSTAR, or if described in the Tariff, We will not issue refunds. All refund requests should be submitted to ENSTAR via telephone call to (907) 277-5551. If We issue You a refund, We will issue a refund of the face value cost of bill payment. ENSTAR may also charge any credit card processing fee and any other fees incurred by ENSTAR in processing such refund. If a refund is issued, it will be issued using the same method of payment that was used in Your original payment, except in the case of debit or cash transactions. Certain legislation and consumer protection laws and regulations may confer You with rights, warranties, guarantees and remedies relating to Your Transaction that cannot be excluded, restricted, or modified.

g. Chargebacks. You agree that You will not attempt to circumvent any refund prohibitions with regard to Transactions You entered on the Website. You will not dispute or otherwise seek a “chargeback” from the company whose credit card You used to enter a Transaction on the Website. Should You do so, Your access to services may be cancelled, and ENSTAR may, in its sole discretion, refuse to honor pending and future Transactions made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist, and any person who accesses any associated online account or credit card or who otherwise breaches this provision, from using the Website.

h. Other Agreements. You may, from time to time, enter into additional written agreements with ENSTAR in connection with other sponsorships, events or services made available by or through the Website. In the event that any terms or provisions of such a written agreement conflict with the provisions of these Terms of Use, the terms and provisions of the written agreement shall prevail.

12. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENSTAR PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ANY SERVICE, EVENT, OR AGREEMENT WITH A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE WEBSITE, NON DISRUPTION, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ABILITY TO ACHIEVE A PARTICULAR RESULT, SECURITY, ACCURACY, THE USE OF REASONABLE CARE AND SKILL, AVAILABILITY, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, ENSTAR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE OR ON ANY WEBSITES OR ONLINE SERVICES LINKED TO THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT; THAT THE WEBSITE OR ANY SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE FROM ENSTAR, EVENTS ATTENDED, OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS EVENT ORGANIZERS, ADVERTISERS, SPONSORS, OR PARTNERS WILL MEET YOUR EXPECTATIONS. ENSTAR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. YOU ACKNOWLEDGE THAT ENSTAR HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ORGANIZED OR ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ OR ADVERTISERS’ CONTENT, OR THE ABILITY OF ANY USER OR ADVERTISER TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION.

13. Limitation of Liability

IN NO EVENT SHALL THE ENSTAR PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE WEBSITE, ENSTAR’S SERVICES, OR THIRD-PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE WEBSITE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, DATA, OPPORTUNITY, REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE ENSTAR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

THE ENSTAR PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (1) ANY SUSPENSION OR DISRUPTION OF THE WEBSITE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM ENSTAR’S NEGLIGENCE, (2) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (3) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (4) UNAUTHORIZED ACCESS TO OR USE OF THE ENSTAR PARTIES’ SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (5) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (6) INADEQUATE OR FAULTY HARDWARE OPERATING THE WEBSITE; (7) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, (8) USER CONTENT, THIRD-PARTY WEBSITES OR APPS; (9) ERRORS OR OMISSIONS IN ANY CONTENT; OR (10) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ENSTAR PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE ENSTAR PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, THE OBLIGATION TO AVOID SHARING YOUR EMAIL ACCOUNT INFORMATION WITH ANY OTHER PERSON.

THE ENSTAR PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TOU OR IN RELATION TO THE WEBSITE, EITHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION OR NEGLIGENCE WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO ENSTAR IN THE PRECEDING SIX MONTHS BEFORE THE OCCURENCE OF THE EVENT GIVING RISE TO ENSTAR’S LIABILITY.

BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Any claims relating to use of the Website must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Website is controlled and offered by ENSTAR from its facilities in the United States of America. Those who access or use the Website do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.

14. Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE ENSTAR PARTIES FROM AND AGAINST ANY CLAIMS, LOSSES, OBLIGATIONS, DEMANDS, LIABILITIES, EXPENSES, DAMAGES, COSTS, DEBT, AND ATTORNEY’S FEES RESULTING FROM (1) YOUR USE OF, ACCESS TO, OR MISUSE OF THE WEBSITE OR ENSTAR’S SERVICES; (2) YOUR VIOLATION OF ANY OF THESE TERMS OF USE; (3) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (4) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN ENSTAR PARTY OR A THIRD PARTY; (5) ANY ACTIVITY RELATED TO YOUR ENSTAR ACCOUNT, RELATED TO YOUR INTERNET ACCOUNT, OR RELATED TO YOUR EMAIL ADDRESS AND PASSWORD (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR INTERNET ACCOUNT OR YOUR EMAIL ADDRESS; OR (6) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE WEBSITE. IF THE ENSTAR PARTIES TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, THE ENSTAR PARTIES WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEY’S FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE ENSTAR PARTIES.

15. Basis of Bargain

YOU ACKNOWLEDGE AND AGREE THAT ENSTAR HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE ENSTAR PARTIES, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ENSTAR. ENSTAR WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

16. Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE WEBSITE SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER.

17. Term

These Terms of Use shall commence the date that the Terms of Use are accepted and shall continue until terminated by one of the parties (“Term”).

18. Termination

ENSTAR reserves the right to immediately terminate these Terms of Use, or Your account access, if You breach these Terms of Use. ENSTAR also reserves the right to deny access to the Website to anyone, at any time, for any reason, without notice. ENSTAR may also immediately terminate the Terms of Use upon ceasing to offer the Website. To understand when ENSTAR may terminate gas services, please review the Tariff.

19. Effect of Termination, Cancellation, or Expiration

Upon termination or cancellation of these Terms of Use, You shall immediately discontinue all access to and use of the Website, and destroy or delete all copies of content or materials accessed or obtained by You via the Website. ENSTAR SHALL NOT BE LIABLE FOR ANY DAMAGES, OR LOSS OF REPORTS OR DATA, AS A RESULT OF THE TERMINATION OR CANCELLATION OF THESE TERMS OF USE; provided, however, the termination or cancellation of these Terms of Use shall not affect any claim arising prior to such termination or cancellation.

20. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You without ENSTAR’s prior written consent, but may be assigned by ENSTAR without restriction and without notice to You.

21. Export Control

Software and the transmission of applicable technical data, if any, in connection with the Website may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which You reside.

22. General

You agree that: (i) the Website shall be deemed solely based in Alaska, United States of America; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over ENSTAR, either specific or general, in jurisdictions other than Alaska. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use. ENSTAR and You do not intend to confer, and these Terms of Use will not be construed as conferring, any right, remedy, obligation or liability of any kind on any person other than ENSTAR, You, and each party’s successors and assigns. No modification, alteration or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ENSTAR’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall be governed solely by United States and Alaska law, without regard to conflict of law provisions. Any claim or dispute between You and the ENSTAR Parties that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the Third Judicial District in the State of Alaska. You further irrevocably agree to submit to the personal jurisdiction of the courts located within the Third Judicial District of the State of Alaska, for the purpose of resolving all such claims or disputes. The parties disavow any desire or intention to create a third party beneficiary agreement and declare that no person, except for the parties and their permitted assigns shall have any rights under these Terms of Use nor any right of enforcement of these Terms of Use. These Terms of Use, the Privacy Policy, and any other legal notices published by ENSTAR on the Website shall constitute the entire agreement between You and ENSTAR concerning the Website.

23. Questions

If You have questions, please contact ENSTAR by emailing us at cs@enstarnaturalgas.com or writing or calling us at:

3000 Spenard Road,
Anchorage, AK 99503
Tel: (907) 277-5551
Toll-free: (877) 907-9767

ENSTAR Customer Service Locations


Anchorage:
3000 Spenard Road
Anchorage, AK 99503
907-334-7600


Mat-Su Valley:
3351 Palmer Wasilla Hwy
Wasilla AK, 99654
907-376-7979


Kenai Peninsula:
36225 Kenai Spur Hwy
Soldotna, AK 99669
907-262-9334


ENSTAR is closed on the following Holidays



ENSTAR Marketing Representatives


Email: marketing@enstarnaturalgas.com

Kevin Campbell (907) 334-7792
kevin.campbell@enstarnaturalgas.com

Joseph Dickerson (907) 352-7403
joseph.dickerson@enstarnaturalgas.com

ENSTAR 24-Hour Emergency Line

Smell-Gas-FINAL-e1438977512264

 


For any gas related emergencies, including damaged pipelines,

call:
1-844-SMELL GAS

(1-844-763-5542).

ENSTAR Distribution Department


Anchorage: 907-334-7725
401 E. International Airport Road
Anchorage, AK 99518


Mat-Su Valley: 907-376-7979
3351 Palmer Wasilla Hwy
Wasilla, AK 99654


Kenai Peninsula: 907-262-9334
36225 Kenai Spur Hwy
Soldotna, AK 99669

ENSTAR Engineering Department


Anchorage: 907-334-7740
401 E. International Airport Road
Anchorage, AK 99518


Mat-Su Valley: 907-376-7979
3351 Palmer Wasilla Hwy
Wasilla, AK 99654


Kenai Peninsula: 907-262-9334
36225 Kenai Spur Hwy
Soldotna, AK 99669

ENSTAR Marketing Department


email: marketing@enstarnaturalgas.com


Anchorage: 907-334-7770
401 E. International Airport Road
Anchorage, AK 99518


Mat-Su Valley: 907-376-7979
3351 Palmer Wasilla Hwy
Wasilla AK, 99654


Kenai Peninsula: 907-262-9334
36225 Kenai Spur Hwy
Soldotna, AK 99669


ENSTAR Customer Service


email: cs@enstarnaturalgas.com


Anchorage: 907-334-7600
3000 Spenard Road
Anchorage, AK 99503


Mat-Su Valley: 907-376-7979
3351 Palmer Wasilla Hwy
Wasilla, AK 99654


Kenai Peninsula: 907-262-9334
36225 Kenai Spur Hwy
Soldotna, AK 99669


Whittier: 877-907-6767


Report a Potential Gas Leak

If you smell natural gas or suspect a potential gas leak, leave the area immediately and call ENSTAR’s 24-Hour Emergency line at:

1-844-SMELL GAS
(1-844-763-5542).


If life or property are in danger, call 911 immediately.

Report a Potential Gas Leak

If you smell natural gas or suspect a potential gas leak, leave the area immediately and call ENSTAR’s 24-Hour Emergency line at:

1-844-SMELL GAS
(1-844-763-5542).


If life or property are in danger, call 911 immediately.