Online Account Terms of Use for AmeriGas and AmeriGas Family of Companies

Updated December 6, 2023.

AmeriGas Propane, L.P. (together with its affiliates, the “Company”) welcomes you to its Online Account Portal and Website, mobile applications, and related sites (the "Company Online Site"). The following terms and conditions govern your use of the Company Online Site. By accessing, viewing, or using the content, material, or services available on or through the Company Online Site, you indicate that you have read and understand these Terms of Use, that you agree to them and intend to be legally bound by them. The Company’s Website Terms of Use, which apply to an individual that visits the Company’s website, is incorporated into these Terms of Use by reference, as if fully set forth herein. References to “Terms of Use” and “Site/Web Site” in the Website Terms of Use also refer to these Terms of Use and the Company Online Site, respectively. If you do not agree to these Online Account Terms of Use, or if you are under 18 years of age, you are not granted permission to use the Company Online Site and must exit immediately.

WHEN YOU ACCEPT THESE TERMS OF USE, YOU AGREE TO THEM ON YOUR INDIVIDUAL BEHALF AND ON BEHALF OF THE INDIVIDUAL, ENTITY, OR ORGANIZATION BY WHICH YOU ARE EMPLOYED OR RETAINED AND FOR WHOSE BENEFIT YOU ARE USING THE SERVICES (“EMPLOYER”). YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED BY EMPLOYER TO AGREE TO THESE TERMS ON ITS BEHALF. REFERENCES HEREIN TO “YOU” SHALL MEAN “YOU AND/OR EMPLOYER.”

These Terms provide that all disputes between you and the Company with respect to your use of the Company Online Site will be resolved by BINDING ARBITRATION, to the fullest extent permitted under applicable law. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court, to the fullest extent permitted under applicable law. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action, to the fullest extent permitted under applicable law. Please review Section 12 (“Dispute Resolution and Governing Law”) for the details regarding your agreement to arbitrate any disputes with the Company.

1. Registration. In order for you, either as an individual or business, to sign up for the Company’s Online Site, E-Pay or Auto Pay, you will be asked to register and create an account. The Company has established and may from time to time change requirements and conditions for such account access in its sole discretion. The Company reserves the right to refuse access to some or all of the Company Online Site to a given individual user in its sole discretion.

As part of the registration process, you will select a username and password (“Authentication Credentials”). You are solely responsible for maintaining the confidentiality of your Authentication Credentials and agree that the Company has no obligation to protect the security of your Authentication Credentials beyond systems and equipment owned and controlled by the Company. You agree not to give your Authentication Credentials to anyone. Should you allow others access to your account, or Authentication Credentials, you will be responsible for all actions that such persons might take with respect to your account. If you believe your Authentication Credentials may have been lost or stolen or someone may have gained access to your account or your Authentication Credentials without your permission, please refer to the change of password section below.

For purposes of identification, billing and marketing, you agree to provide the Company with current, accurate, complete, and updated information required by the online registration. You further agree to provide the Company with current, accurate, and complete data when utilizing the online functionality of the Company Online Site. You agree to notify the Company immediately of any changes in your registration data. The Company is not responsible for your failure to receive any notices or information or any other problem that results from your failure to keep such contact and/or payment information current and accurate.

2. Privacy. In order to set up electronic payment, automatic payment or online billing, you will be required to provide the Company with certain personally identifying information including your name, address and telephone number, as well as certain non-public personally identifying information such as your zip code, deposit account, credit card information, third party payment information (e.g., PayPal or other e-wallet) or other payment-related account information. Such information will be stored, handled, and used by the Company and its billing and payment vendors in accordance with the Company’s Privacy Policy.

3. Intellectual Property Rights. The Company and/or its licensors are the owner of all right, title, and interest in and to the Company Online Site and all materials available on the Company Online Site, including all rights to the design, software code, scripts, database structures, trademarks, copyrights, and other intellectual property included in or utilized by the Company Online Site, and any updates thereto (the "Company IP"). Company IP is protected by applicable intellectual property and other laws, including laws governing patents, copyrights, trade secrets, trademarks, and unfair competition.

You do not and will not acquire any ownership in any Company IP as a result of these Terms of Use or your use of the Company Online Site. You may not and shall not permit any other person to copy, distribute, display, modify, or otherwise use any Company IP except as expressly permitted by these Terms of Use.

4. Right to Use. Subject to the provisions of these Terms of Use, the Company grants to you a non-exclusive, non-sublicensable, non-transferable right to use the Company Online Site to which the Company has granted you access, only for the personal or internal business purposes of you or Employer. Such right shall expire upon termination of these Terms as set forth in Section 10: Changes to the Company Online Site and these Terms of Use; Termination of Services below.

5. Restrictions and Limitations on Use You may not: (a) copy, modify, or create a derivative work, collective work, or compilation of any Company IP; (b) reverse-engineer, decompile, or disassemble, or otherwise attempt to extract code from any Company IP; (c) license, sell, assign, lease, loan, sublicense, distribute or otherwise transfer or encumber any Company IP; (d) attempt to circumvent any access control or digital rights management measures or technology thereof associated with the Company IP; (e) remove, alter, or obscure any intellectual property marking or license notice; (f) use the Company Online Site to store or transmit unlawful or tortious material or material in violation of third-party rights; (g) use the Company Online Site to store or transmit harmful or malicious code; (h) interfere with or disrupt the integrity or performance of the Company Online Site or related systems; or (i) allow any other individual or entity to do any of the foregoing. You agree to promptly notify the Company if you have reason to believe that any other individual or entity has engaged in any of the activities set forth in the foregoing (a) through (i).

6. Cancellation. Your access to the Company Online Site remains in effect until it is terminated by you or the Company. You may terminate your access to online service at any time by notifying us of your intent to terminate in writing, through the online account portal, or by email to customercare@amerigas.com, or by calling Customer Service. This cancellation applies to the Company Online Site only and does not terminate your account with the Company.

7. Procedures for Lost, Stolen, or Compromised Authentication Credentials or Unauthorized Account Access. If you believe that your Authentication Credentials may have been lost or stolen, or that someone may be using your Authentication Credentials without your permission please contact Customer Service immediately at 1-800-263-7442 or send an email to customercare@amerigas.com .

Customer Service is available 8:00 a.m. – 5:00 p.m. EST Monday - Friday (except for New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day) by calling 1-800-263-7442.

8. Billing and Payment

Billing Errors or Questions. You agree to review each invoice you receive and give the Company notice of any errors or disputed charges within thirty (30) days of receiving the invoice. Please notify us immediately if you suspect that there is an error or you have a question about your invoice. If you think your invoice is inaccurate, or if you need more information about a transaction on your invoice, please contact 1-800-263-7442 as soon as possible.

Canceling Auto Pay. If you have authorized us to pay your invoice automatically from a checking/savings account, credit/debit card or other account, you can stop the payment on any amount you think is inaccurate up until 2:59 AM EST the day your automatic payment is scheduled to be processed. To stop the payment, you must cancel the payment in your online account. If you schedule a future payment and want to cancel that payment, you must cancel it online by 11:59 PM EST on the day prior to the date it is scheduled to be processed.

Online Billing. By creating an online account with the Company, you will be able to access your billing, account, and payment information, as well as download and print your statements and invoices. You will have the option to choose whether to receive invoices electronically or in paper form by adjusting your preferences in your MyAmeriGas account. If you choose to enroll in paperless billing, you understand and consent to receive notification and access all invoices for payment in electronic form and that you will not receive paper copies of invoices for payment via regular mail. If you choose to receive paper invoices you will be charged a Paper Invoice Fee of $2.99 per invoice, unless prohibited by law or your agreement with Company. We will send you an email notification when a new online invoice is available to be viewed. It is your sole responsibility to view your online invoices and make a payment for every invoice in accordance with the terms of your account. Your payment is processed through one or more third-party vendors.

Online Payments. You also have the option to make one-time or recurring payments on your account via electronic debits to a deposit account or a credit card account or by using a third party payment option (e.g., PayPal or other e-wallet). In its sole discretion, the Company may refuse to permit the use of this payment service to anyone or any user without notice for any reason at any time.

All Payment Types. By submitting your checking/savings account, credit/debit card information, or selecting a third-party payment option (e.g., PayPal) through the Company Online Site and subsequently using the checking/savings account, credit/debit card, or third-party payment service for one-time payments, you authorize the Company to (a) initiate an automated clearing house (ACH) debit entry(ies) or a debit card payment(s) from the checking or savings account you specify, (b) charge your specified credit/debit card, or (c) process a payment using your third-party payment service account (e.g., PayPal). The amount(s) and date(s) of any payment(s) will be specified on the payment information screen shown during the payment process. You also authorize the Company to credit your specified bank account, credit/debit card, or third-party payment service account in the appropriate amount for any refunds or other billing adjustments. You agree to be bound by any rules your financial institution requires for ACH debit transactions or that your debit card, credit card issuer requires for debit card or credit card transactions, or third-party payment service provider. To pay using a bank account, you may only use any valid automated clearing house ("ACH") enabled bank account with a United States-based financial institution.

Payments by Credit Card. If you pay any amounts with a credit card, the Company may seek pre-authorization of your credit card account prior to completing the payment to verify that the credit card is valid and has the necessary funds or credit available to cover your payment. If you make a one-time or recurring payment on your account using a credit card, you acknowledge that effective on or after December 6, 2023, such payment will be subject to a 2.65% credit card surcharge imposed by AmeriGas unless prohibited by law or your agreement with Company. The credit card surcharge is not greater than AmeriGas’s cost of credit card acceptance and will not be imposed on other forms of payment, such as ACH, debit card or third party payment-options. For Colorado customers: If you make a one-time or recurring payment on your account using a credit card, you acknowledge that effective on or after December 6, 2023, such payment will be subject to a 2.0% credit card surcharge imposed by AmeriGas. The credit card surcharge is not greater than AmeriGas’s cost of acceptance and will not be imposed on other forms of payment, such as ACH, debit card or third party payment-options. TO COVER THE COST OF PROCESSING A CREDIT OR CHARGE CARD TRANSACTION, AND PURSUANT TO SECTION 5-2-212, COLORADO REVISED STATUTES, A SELLER OR LESSOR MAY IMPOSE A PROCESSING SURCHARGE IN AN AMOUNT NOT TO EXCEED 2% OF THE TOTAL PAYMENT MADE FOR GOODS OR SERVICES PURCHASED OR LEASED BY USE OF A CREDIT OR CHARGE CARD. A SELLER OR LESSOR SHALL NOT IMPOSE A PROCESSING SURCHARGE ON PAYMENTS MADE BY USE OF CASH, A CHECK, OR A DEBIT CARD OR REDEMPTION OF A GIFT CARD.

Payments from Bank Account. When you pay using a bank account, you agree that: (a) you authorize the Company to make any inquiries the Company considers necessary related to any dispute involving your payment, which may include performing credit checks and verifying your information against third party databases, and (b) you authorize the Company to initiate ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and (c) you authorize the financial institution that holds your bank account to deduct payments from your bank account.

If any of your payments are returned unpaid, you authorize the Company to make a one-time electronic fund transfer from your account to collect a return fee. The amount of the return fee varies based on your state. The return fee may be added to your payment amount and the total amount may be debited from your bank account if the Company resubmits an ACH debit due to insufficient funds. The Company may initiate a collection process or legal action to collect any money owed. You agree to pay all costs for such legal action, including any reasonable attorneys' fees.

If you believe that any payment transaction initiated by the Company with respect to your bank account is in error, or if you need more information about any such transaction, contact the Company at 1-800-263-7442 as soon as possible.

Service Providers. The Company uses service providers to collect and store your checking/savings account, credit/debit card information and/or third-party payment service account (e.g., PayPal) option information, and the Company will not have access to complete account numbers or credentials. These third parties are permitted to use this information to perform payment processing-related services for us, including to connect to and receive payment from your third-party payment service account.

Auto Pay. By enrolling in Auto Pay (a recurring payment program), you authorize the Company: (a) to initiate recurring automated clearing house (ACH) debit entries or debit card payments from the checking or savings account you specify, (b) to initiate recurring charges from your specified credit card, or (c) to initiate recurring charges from your third-party payment service account (e.g., PayPal account). Enrollment may take several days, and you may not be able to pay your current balance immediately using Auto Pay. We recommend that you use a one-time payment to pay an invoice that is due, and use Auto Pay to pay future invoices. You may also be asked to pay using a one-time payment method if you do not enroll in Auto Pay before the invoice due date. Auto Pay may also pay invoices previously due, but AmeriGas is not responsible for delays in Auto Pay enrollment that cause enrollment not to conclude before payment is initiated. The amount debited from your checking or savings account, charged to your credit or debit card, or withdrawn via your third-party payment service every month will be the then full current balance on your account. Your current balance is the amount on your AmeriGas invoice, plus additional charges billed to your account after your statement was issued, less credits or payments posted to your account after your invoice was issued. Once your enrollment is processed, all payments will be automatically withdrawn from your specified checking or savings account, charged to the designated credit or debit card, or withdrawn using your third-party payment service account (e.g., PayPal) on the invoice due date, unless you terminate your authorization in the manner described herein. You agree to be bound by any rules your financial institution requires for pre-authorized electronic funds transfers, that your debit or credit card issuer requires for pre-authorized debit or credit card transactions, and/or that your third-party payment service provider requires. You are responsible for all fees charged by your financial institution or third-party payment service provider associated with the pre-authorized payment option. YOU HAVE THE RIGHT TO TERMINATE YOUR AUTHORIZATION AT ANY TIME ONLINE EXCEPT FROM 2:59AM EST ON THE DAY YOUR AUTOMATIC PAYMENT IS SCHEDULED TO BE PROCESSED AND FOR A SUBSEQUENT PERIOD OF 24 HOURS BY LOGGING INTO YOUR ACCOUNT AT WWW.MYAMERIGAS.COM AND DISABLING AUTO PAY OR BY CALLING THE COMPANY AT 1-800-263-7442 AND TERMINATING YOUR AUTHORIZATION WITH A CUSTOMER SERVICE REPRESENTATIVE. You must update all changes to your checking/savings account, credit/debit card information, or third-party payment service account to keep them accurate by logging into your account at www.myamerigas.com. If you do not update your checking/savings account, credit/debit card information, or third-party payment service account and the Company is unable to charge your credit card or withdraw funds from your debit card, checking or savings account, or third-party payment service account for the amount due on your account, you may be subject to applicable late fees, returned item charges, and any fees or charges assessed by your financial institution and/or third-party payment service provider.

Flex Pay. Flex Pay is a program which allows customers without credit terms with Company to enroll in Auto Pay by providing one (1) day payment terms from the date the invoice is generated. This means that the invoice due date that appears on the invoice will be one (1) day after the invoice is generated. Enrollment in Auto Pay is required in order to qualify for Flex Pay’s one (1) day payment terms. By enrolling in Flex Pay you acknowledge that, if you receive paper invoices, your payment for that invoice will be automatically processed before you receive your invoice in the mail. If you enroll in paperless billing, you will receive an email notification when your invoice is available so that you can view the amount that will be automatically deducted from your account on the following day. Please see the “Online Billing” paragraph in this Section 8 for more information about paperless billing. If you do not have credit terms with the Company and you are not enrolled in Flex Pay, you will not be able to participate in Auto Pay or receive Automatic Deliveries. You will be required to pay for deliveries and services in advance and will be required to call us or go online to place an order. Please see the “Auto Pay” paragraph in this Section 8 for more information about Auto Pay.

9. Disclaimer of Warranties; Limitation of Liability; Hold Harmless.

THE COMPANY ONLINE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE IMPLIED BY, AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. THE COMPANY MAKES NO WARRANTY THAT THE COMPANY ONLINE SITE WILL OPERATE AS INTENDED. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTIES AS TO THE SECURITY OF YOUR COMMUNICATIONS VIA THE SERVICES OR THAT THIRD PARTIES WILL NOT GAIN UNAUTHORIZED ACCESS TO OR MONITOR YOUR COMPUTER(S) OR ONLINE COMMUNICATIONS. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY SUCH UNAUTHORIZED ACCESS

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT (INCLUDING NEGLIGENCE) WILL THE COMPANY OR ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES, SHAREHOLDERS, MEMBERS, EMPLOYEES, PARTNERS, LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, OR USE OF DATA, LACK OR LOSS OF DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE COMPANY ONLINE SITE OR FOR ANY ACTION TAKEN BY THE COMPANY TO PROTECT THE COMPANY ONLINE SITE OR THE BREACH BY THE COMPANY OF ANY WARRANTY, WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE (EVEN IF THE COMPANY OR ITS APPLICABLE LICENSOR(S) OR SERVICE PROVIDER(S) HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES). THE COMPANY’S AND ITS OFFICERS’, DIRECTORS’, AGENTS’, REPRESENTATIVES’, SHAREHOLDERS’, MEMBERS’, EMPLOYEES’, PARTNERS’, LICENSORS’, SUCCESSORS’, OR ASSIGNS’ MAXIMUM AGGREGATE LIABILITY OF ANY KIND ARISING UNDER OR RELATING TO THESE TERMS OF USE, THE COMPANY ONLINE SITE, OR COMPANY IP SHALL BE ONE HUNDRED DOLLARS ($100.00).

Some states prohibit limitation of implied warranty rights and remedies. NOTHING IN THESE TERMS OF USE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY IN A MANNER THAT IS NOT PERMISSIBLE UNDER APPLICABLE LAW. Check your own state law for additional rights.

You acknowledge that communications or transactions conducted online are not absolutely secure. You further acknowledge that there may be system failures that may limit your ability to use the Company Online Site. You agree to assume all risk and liability arising from your use of the Company Online Site, including the risk of breach in the security of the communications or transactions you conduct with the Company online. If you register for the Company Online Site, it will mean that you agree not to make a claim against the Company relating to such Company Online Site and that you will indemnify, defend and hold the Company and its directors, officers, agents, licensors and service providers harmless from any claim, suit, action, loss, liability, damage or expense (including reasonable attorneys’ fees) resulting from or related to your use of the Company Online Site or your violation of these Terms of Use.

10. Changes to the Company Online Site and these Terms of Use; Termination of Services.

The Company may at any time and without notice make changes to or stop providing the Company Online Site, to the online services described in the Company Online Site, and/or to these Terms of Use. You should read these Terms of Use each time before you make a payment to be certain you still agree with their provisions. Your use of the Company Online Site, including billing and payment services, after any changes to these Terms of Use will constitute your agreement to such change(s). The Company may discontinue any of its services or functionality of the Company Online Site without notice, or require re-enrollment if terms or conditions are modified. The Company may terminate online service for your account if we receive conflicting instructions, if you are in default of these Terms of Use or the terms and conditions governing online billing and online payments, if your account is in default or otherwise not in good standing, or if we determine that an online service is being used improperly.

11. E-Sign Consent. . Federal law requires certain disclosures be provided to you and that we advise you of certain rights regarding those disclosures. In order to make your registration for the Company Online Site quicker and more convenient, with your consent, we will provide you with these disclosures electronically, rather than by postal mail or in person. By registering for the Company Online Site, or by continuing to maintain an online account, including billing or automatic invoice payment you are consenting to the terms and conditions below:

  • Some or all of the disclosures related to or stated within your registration for or authorization of online billing and/or automatic bill payment ("Disclosures") will be made available to you in electronic format. Some of these Disclosures will not be distributed in paper format unless you contact us and request a paper version of specific record.
  • If you have any questions or concerns regarding online billing or Disclosures, you may contact us customercare@amerigas.com or by phone at 1-800-263-7442.
  • Your consent applies to all Disclosures, including without limitation these Terms of Use, the applicable terms and conditions for online billing and online invoice payment, and each payment authorization you make online.
  • You understand that you will be electronically signing the forms by checking the “Accept” checkbox. You understand that submitting your electronic signature is legally equivalent to submitting a document signed by hand. You also agree and represent that you are able to view the forms using your computer and software in accordance with the technical requirements listed in this document.
  • We do not warrant that the delivery of an electronic form or invoice will be uninterrupted or error free. We are not liable for: any loss or damage arising from problems with your equipment or your telecommunications provider, your failure to meet your responsibilities as outlined herein, or any equipment problems or other occurrences beyond our reasonable control.

Your consent does not mean that we must provide the Disclosures or invoices electronically. We may, at our option, deliver forms on paper if we choose to do so. We may also require that certain circumstances from you be delivered to us on paper at a specified address. To receive Disclosures, invoices, and any other forms electronically, you must have the following equipment and software:

  • You must have a personal computer or other access device which is capable of accessing the Internet (e.g., you must have a modem and available phone line, a cable Internet connection or some other means of access to the Internet, and you must have an active account with an Internet service provider). Your access to this page verifies that your system meets these requirements. The Company is not responsible for processing errors or failures or any other service interruption(s) caused by your Internet service provider.
  • You must have the latest version of the following Internet web browsers: Microsoft Edge, Firefox , Safari and Chrome depending on your machine. Your access to this page verifies that your browser and encryption software currently meet these requirements.
  • You must have software which permits you to receive and access Portable Document Format or "PDF" files, such as Adobe Acrobat Reade® (available for downloading at http://www.get.adobe.com/reader/ ).
  • We recommend that you print out or download all forms that you review online or electronically, including these Terms of Use and your invoices to keep for your records. If you have any trouble printing out or downloading any form, please contact 1-800-263-7442 for assistance.

To retain a copy of the requested files, your system must have the ability to either download (e.g., to your hard disk drive) or print PDF files (e.g., you must have a functioning printer connected to your personal computer or other access device which is able to print the files).

If you have additional questions, please contact us at customercare@amerigas.com.

12. Dispute Resolution and Governing Law. At the Company’s sole discretion, it may require you to submit any disputes arising from the use of the Company Online Site or in connection with these Terms of Use, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and threshold questions of the applicability and scope of this Section 12, to final and binding arbitration under the JAMS Rules applying Pennsylvania law and conducted in the English language. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and the Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

You can choose to reject these arbitration terms by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 12. For new users, the Opt-Out Notice must be postmarked no later than 30 days after the date you use the Company Online Site for the first time. You must mail the Opt-Out Notice to Box 965, Valley Forge, PA 19482, Attn: Customer Service. The Opt-Out Notice must state that you do not agree to the arbitration agreement and must include your name, address, phone number, and the username or email address(es) used to log in to the Company Online Site to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of these arbitration terms. If you opt out of these arbitration terms, the Company will likewise not be bound by these arbitration provisions. All other terms of these Terms of Use will continue to apply. Opting out of these arbitration terms has no effect on any previous, other, or future arbitration agreements that you may have with us. Users who accepted a previous version of these Terms of Use that included arbitration terms, and who did not timely opt out of those arbitration terms, remain bound by the last arbitration terms that they accepted.

13. Fair Credit Reporting Act. If the Company extends credit to you, you authorize the Company and its employees, agents, parent companies, subsidiaries, affiliates and assigns to make all inquiries they deem necessary to determine your credit worthiness, including, but not limited to, procuring consumer reports from consumer reporting agencies and credit information from banks and other financial institutions and extenders of credit, references, present and former employers, merchants, landlords, and creditors. You authorize the Company or its agents, attorneys, accountants, and representatives to provide and receive such information from any and all third parties directly, without further consent or authorization. The Company may share with others such information solely as necessary to provide you services hereunder.

14. Miscellaneous. These Terms of Use are the complete and exclusive statement of the agreement with respect to the subject matter hereof and supersede all other communications or representations or agreements (whether oral, written, or otherwise) relating thereto. The failure of the Company to require performance of any provision of these Terms of Use in no manner shall affect its right at a later time to enforce the same. No waiver by the Company of any breach of the terms of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any other such breach, or a waiver of any other breach of such terms.

If any provision of these Terms of Use shall to any extent be held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms of Use shall in no way be affected or impaired thereby and each such provision of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein. The section headings in these Terms of Use are for convenience only and shall have no legal or contractual effect.

15. Prevailing Language. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any. All communications and proceedings relating to these Terms of Use, or any dispute, shall be conducted in the English language.