Privacy Policy

Acceptance of Privacy Policy

By accessing, browsing and using Osterman Propane’s (“Osterman”) Website, or any Osterman mobile application, you accept and agree to abide by the terms of this Privacy Policy. Throughout this Privacy Policy, “Osterman’s Website” also includes Osterman’s mobile application.

If you do not accept and agree to abide by the Privacy Policy, you may not access or use Osterman’s Website. Osterman has the right, in its sole discretion, to modify part or all of the Privacy Policy at any time. Any change will be effective when notice of the updated Privacy Policy is posted above. Please review the Privacy Policy frequently for updates. Your continued access, browsing or use of Osterman’s Website after any such changes are posted will constitute acceptance of these changes.

Personal Information

How is your information collected?

Osterman’s Website allows you to voluntarily submit your personal information to make your transactions with Osterman as convenient as possible, including, but not limited to, ordering products or services, payments for the products and services, requests for information, or responses to survey questions. Your personal information may include your first and last name, mailing address, email address, telephone/cell or mobile phone number, and other personally identifying information.

In addition to the information you choose to provide, Osterman’s Website may automatically collect other information about you. Such information may include, without limitation: the unique device identifier of your mobile device, mobile network information, the model and serial number and telephone number of your mobile device, your geographic location, information regarding your access to and use of mobile applications, the Osterman website pages you visit, the time of such visits, your operating system, browser type, the domain name of your internet service provider, and your Internet Protocol (IP) address. We may combine any of the information we collect from or about you and use it in the manner described in this Privacy Policy. For example, Osterman may use your IP address, together with other personal information that you may provide, such as your email address, to communicate with you directly about products and services that Osterman believes may be of interest based on your activity.

Except as otherwise stated in the Privacy Policy, your IP address, cookies and other technologies (as more particularly described below) are generally used by Osterman on an anonymous basis to, among other things, (1) help diagnose problems, administer Osterman’s Website, measure the use of Osterman’s Website, improve the content of Osterman’s Website; (2) to identify visitors’ domain names, the type of web browsers used, the pages viewed, the list of websites from which a visitor found Osterman’s Website, the websites to which a visitor went after leaving Osterman’s Website; the search terms and search engines used to find Osterman’s Website; and (3) to gather other web analytics information relating to visitors’ use and navigation of Osterman’s Website.

How is your information used?

Osterman may use your personal information for particular activities, including, without limitation, the purposes for which you provided it; to provide services to you, including any updates or notifications; to create or add to your user profile or registered account; to process and respond to your inquiries and comments; to send you information about your relationship or transactions with us; to improve services to you or to develop new products and services; to identify you as a user of Osterman’s Website; to allow you to participate in surveys; to contact you with information, including personal information, that we believe will be of interest to you; for research that we or a third party may perform regarding Osterman’s Website; to create anonymous data, which we may use for any purpose; to compile aggregate data for internal and external business purposes; to analyze the website or mobile application services; to allow us to personalize and enhance your experience using Osterman’s Website; to send push notifications; to send emails; to generate and review reports and data about our user base and service usage patterns, to analyze the accuracy, effectiveness, usability or popularity of Osterman’s Website; to prevent fraudulent transactions, monitor against theft and otherwise protect our users and our business; to administer and troubleshoot Osterman’s Website; and as otherwise stated in the Privacy Policy.

Disclosure of Personal Information

Osterman takes reasonable measures to ensure the privacy and confidentiality of your personal information. Osterman collects, maintains and uses personal information to provide products and services that best meet the needs of our customers. In doing so, we respect the privacy of our customers and recognize the need to reasonably safeguard their confidential information in our possession. We reasonably maintain the confidentiality of any personal information which customers provide to us. In handling personal information, Osterman endeavors to keep customer information current and accurate and to safeguard it from unauthorized access. Except as required by law, Osterman does not disclose customer information to third parties except for the ways otherwise described immediately below and elsewhere in the Privacy Policy.

Osterman may disclose personal information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as otherwise may be required by applicable law or regulation; (2) to protect and defend Osterman’s rights or property or those of its affiliates, distributors, dealers, business partners, or others; or (3) as Osterman believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety or property of any person or organization.

If Osterman becomes involved in a merger, acquisition, sale of assets, joint venture, securities offering, bankruptcy, reorganization, liquidation, dissolution, or other transaction, or if the ownership of all or substantially all of our business otherwise changes, Osterman may share or transfer your information to a third party or parties in connection therewith.

Osterman must release your credit card information to credit card authorization service providers and the credit card-issuing bank to confirm and settle payment for products or services purchased through Osterman’s Website and to facilitate returns or refunds. Osterman may share aggregated anonymous information relating to visitors to and users of Osterman’s Website with third parties.

By entering your personal information on Osterman’s Website, you consent to our collection, use and disclosure of such information for the foregoing purposes.

II. Website Terms and Conditions

By accessing, browsing and using Osterman’s website, or any Osterman mobile application, you agree to accept and abide by the Website Terms and Conditions. Throughout the Website Terms and Conditions, “Osterman’s Website” also includes Osterman’s mobile application.

If you do not agree to accept and abide by the Website Terms and Conditions, you may not access or use Osterman’s Website. Osterman has the right, in its sole discretion, to modify part or all of the Website Terms and Conditions at any time. Any change will be effective when notice of updated Website Terms and Conditions is posted above. Please review the Website Terms and Conditions frequently for updates. Your continued access, browsing or use of Osterman’s Website after any such changes are posted will constitute acceptance of these changes.

Proprietary Rights

All works, content and materials on Osterman’s Website and mobile applications, including without limitation, all information, text, design, graphics, images, drawings, code and software (the “Materials”) and all organization and presentation of the Materials which form a part of Osterman’s Website are the exclusive property of Osterman or its licensors and are protected by intellectual property laws relating to copyrights, trademarks, trade names, Internet domain names, trade dress and other proprietary rights. Nothing on Osterman’s Website shall be construed as providing, by implication, estoppel or otherwise any license to any proprietary or intellectual property rights in or to any of the Materials to you or any other party, except as expressly granted in these Website Terms and Conditions. The trademarks, service marks, logos, slogans and Internet domain names on Osterman’s Website are the exclusive property of Osterman or its licensors. Use of any such intellectual property, except as expressly authorized, shall constitute a violation of the rights of the owner of the intellectual property.

Permitted Uses

You agree that you shall:

a. not copy, reproduce, republish, upload, post, transmit, or distribute the Materials from Osterman’s Website in any way except that you have the right to download one copy of the Materials on any single computer, for your personal, non-commercial use only, provided that you keep intact all copyright, trademark and proprietary notices;

b. use the Materials solely for lawful purposes;

c. not create derivative works from, exploit or modify the Materials in any way;

d. not interfere with the security of, or otherwise abuse Osterman’s Website or any system resources, services or networks connected to or accessible through Osterman’s Website; and

e. acknowledge that the unauthorized use of the Materials may cause irreparable harm to Osterman and that in the event of an unauthorized use, Osterman shall be entitled to an injunction, in addition to any other remedies available at law or in equity, to prevent such irreparable harm and that the balance of convenience in preventing such use rests with Osterman.

No Endorsement of Third Parties

Osterman may provide links to Internet websites of third parties for your convenience only. Because Osterman has no control over such websites and resources therein, you acknowledge and agree that Osterman is not responsible for the availability of such websites or resources, does not endorse and is not responsible or liable for any content, products or services or other materials or information on or available from any such websites. You acknowledge and agree that you access such websites at your own risk. You further acknowledge and agree that Osterman shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services other materials or information on or available through any such websites.

Viruses

Osterman assumes no responsibility and shall not be liable to you or to any other party for any damages to or any viruses, “Trojan horses”, “worms”, “cancelbots” or other harmful, disruptive or destructive files or computer programs that may infect your computer equipment or other property on account of your access to, use of or browsing on Osterman’s Website or your downloading of any the Materials from Osterman’s Website.

Information Supplied to Osterman

With respect to any information and materials provided to Osterman through the contact form on Osterman’s Website, you acknowledge and agree that:

The information and materials become the property of Osterman and are not confidential; and

Osterman has no obligation regarding such information and materials and may use, reproduce and disclose the same for any purpose.

No Representation or Warranty

OSTERMAN’S WEBSITE AND ALL MATERIALS ON OSTERMAN’S WEBSITE OR MADE AVAILABLE THROUGH OSTERMAN’S WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF OSTERMAN’S WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE MATERIALS CONTAINED THEREIN. IN NO EVENT WILL OSTERMAN, ITS AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS, PARTNERS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, AGGRAVATED, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOSS OF OPPORTUNITY, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE OR LOSS OF SAVINGS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM, WHETHER IN AN ACTION IN CONTRACT OR TORT INCLUDING NEGLIGENCE, OR BASED ON A WARRANTY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OSTERMAN’S WEBSITE.

Indemnity

You agree at all times to indemnify, defend and hold harmless Osterman and its affiliates, subsidiaries, agents, licensors, suppliers, and their respective officers, directors and employees against all actions, claims proceedings, costs, demands, damages and liabilities whatsoever sustained, incurred or paid by Osterman directly or indirectly in respect of:

any information, materials or other content you provide on or through Osterman’s Website; or

your, or any party that you are responsible for or who accesses or uses Osterman’s Website as a result of your use or misuse of the Materials on Osterman’s Website, including, without limitation, infringement claims.

Termination

The Website Terms and Conditions are effective until terminated by Osterman, which may take place at any time, with or without notice, in Osterman’s sole discretion. Any such termination shall be in addition to and without prejudice to such rights and remedies as may be available to Osterman.

General

The Privacy Policy and Website Terms and Conditions contain the entire agreement and understanding between Osterman and you with respect to Osterman’s Website and supersede any and all written and oral agreements previously existing between Osterman and you with respect to Osterman’s Website.

Osterman’s Website is controlled, operated and administered from Rochester, New York.

By using Osterman’s Website, you acknowledge and agree that all matters relating to access to, or use of Osterman’s Website shall be governed by the laws of the State of New York and the federal laws of the United States where applicable. You also agree that any dispute arising out of the use of Osterman’s Website shall be brought in New York State Supreme Court, Monroe County or the United States District Court for the Western District of New York.

Osterman’s failure to insist upon or enforce strict performance of any provision of the Website Terms and Conditions shall not be construed as a waiver of any provision or right.

Should any part of the Website Terms and Conditions be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of the Website Terms and Conditions had been eliminated.

The Website Terms and Conditions shall inure to the benefit of and be binding on Osterman and you, and Osterman and your permitted successors and assigns.

All rights not expressly granted herein are reserved.