Welcome! Please carefully read the following Legal Notice and Terms of Use (“Terms of Use”) before using this website (“Site”). By using this Site, you agree to follow and to be bound by these Terms of Use, which govern your use of the Site. Kildair Services ULC and its affiliates (“Kildair”) may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. We suggest that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use or any modifications to the Terms of Use, do not use this Site. Kildair may modify, suspend, discontinue, or restrict the use and availability of any portion of this Site at any time, without notice or liability. Your use of this Site may be monitored by Kildair and used for Kildair’s internal business purposes, without liability.
Limited license and restrictions on use
Kildair grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site solely for your personal, informational, and noncommercial use or as expressly authorized by Kildair in writing. You are responsible for obtaining and maintaining all equipment, services and other materials that you need to access this Site. Kildair reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use as expressly authorized by Kildair in writing,
you may not:
- Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, “Materials”);
- Redeliver any page, text, image, or Materials on this Site using “framing” or other technology;
- Engage in any conduct that could damage, disable, or overburden (i) this Site, (ii) any Materials or services provided through this Site, or (iii) any systems, networks, servers, or accounts related to this Site, other than those made generally available by Kildair;
- Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Site;
- Modify, copy, obscure, remove, or display Kildair’s name, logo, trademarks, text, notices, or images without Kildair’s express written permission. To obtain such permission, you may e-mail us at legaldept@spragueenergy.com or call 800-225-1560.
- Include the term “Kildair” or any Kildair trademark or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by Kildair.
Linking conditions
You may not link to this Site unless you comply with these linking conditions (“Linking Conditions”). Kildair grants you a limited, revocable, nonexclusive right to create a hyperlink to this Site (“Link”), provided you comply at all times with the following conditions:
- The Link must resolve to Kildair’s portal page at www.kildair.com unaltered in any way;
- The text of the Link must read either “Kildair services ULC”, “Kildair” or www.kildair.com”. You may not use any Kildair logo or graphic, or any other Kildair trademark, as part of the Link without Kildair’s express written permission; and
- The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and Kildair, including suggestions of affiliation, endorsement, or sponsorship; (b) portray Kildair or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the Site.
If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as “deep links”), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to this Site.
Your account
Certain parts of this Site may be protected by passwords or require a login. Further, for authentication purposes, certain features on this Site may require you to answer a designated security question. You agree to provide Kildair with current, complete, and accurate information as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy. You agree not to obtain or attempt to obtain unauthorized access to such parts of or features on this Site, or to any other protected Materials or information, through any means not intentionally made available to you by Kildair.
You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on this Site, and for logging off of your account and any protected areas of the Site. Further, you are fully responsible for all activities occurring under your accounts, user names, logins, passwords, and security questions and answers. If you become aware of any suspicious or unauthorized conduct concerning your accounts, user names, logins, passwords, or security questions and answers, you agree to contact Kildair immediately. Kildair will not be responsible for any loss or damage arising from your failure to comply with this paragraph.
Products and services provided to you through this Site may involve the electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission.
Data, information and content
The Materials on this Site are for information purposes only. Although Kildair may provide data, information, and content relating to your business with Kildair, you should not construe any such information or other content available through this Site as legal or tax advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on this Site before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold Kildair or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this Site.
Copyright policy, notice, and claim information and trademarks
All materials on this Site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Kildair and its third-party information providers, and are protected by Canadian, United States and international intellectual property laws.
Pursuant to Section 512(c)(2) of the United States’
Copyright Revision Act or its equivalent in other jurisdictions, as enacted through the
Digital Millennium Copyright Act and similar acts in other jurisdictions, Kildair designates an agent as described below to receive notifications of claimed copyright infringement by mail: Paul Scoff, Esquire, General Counsel, Sprague Resources LP., 185 International Drive, Portsmouth, NH, 03801, USA.
If you have any other customer service question or would like an alternative method of reaching us, please click on Contact Us at the top of any webpage.
All trademarks contained on the Site are either the common law or registered trademarks of Kildair or the applicable third party trademark owner.
Feedback
Any comment or feedback you provide to Kildair regarding the Site or products or services available on or associated with the Site is deemed to be non-confidential. This includes suggestions, ideas, comments or other submissions to Kildair whether through the Site or Otherwise. Kildair shall be free to use such comments or feedback on an unrestricted basis, without compensation to you. You agree that no comment or feedback submitted by you to Kildair will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or property rights.
Third-party content
Data and other materials appearing on this Site that are provided by third parties are believed by Kildair to be obtained from reliable sources, but Kildair cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. Kildair is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that Kildair has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by Kildair with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk.
Timeliness of content
All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache setting on your browser to ensure you are receiving the most recent data.
Termination
The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Kildair, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. Kildair will not be liable to you or any third party for any termination of your access to or use of this Site.
Warranty disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, KILDAIR AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY OTHER THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, CONDITIONS OF SALE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; OR (V) THE PLACEMENT OF ANY ORDERS THROUGH THE SITE.
FURTHER, KILDAIR AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, SERVICES, OR THE PLACEMENT OF ANY ORDERS AVAILABLE THROUGH THIS SITE.
EXCEPT AS PROVIDED BY LAW, NEITHER KILDAIR NOR ITS THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
Liability and indemnity
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NEITHER KILDAIR NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS, PLACE ORDERS, OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF KILDAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF KILDAIR AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.
You agree to indemnify, defend, and hold harmless Kildair, its subsidiaries and affiliates, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these Terms of Use.
Integration and severability
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and Kildair relating to the subject matter herein.
Applicable law and venue
The laws in effect in the Province of Quebec, without regard to principles of conflict of laws, govern these Terms of Use and any dispute that might arise between you and Kildair. If you take legal action relating to these Terms of Use, you agree to file such action either in the Provincial Courts for Quebec and in no other venue, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.
How we safeguard your information
We restrict access to information about you to those Kildair employees who need to know the information in order to perform their jobs, such as servicing your accounts or notifying you of new products and services. To protect your information, we maintain physical, electronic, and procedural safeguards in keeping with industry standards and practices, and we review and adjust these safeguards regularly in response to advances in technology.
What you can do
For your protection, we recommend that you do not provide your account information, user name, or password to anyone. If you become aware of any suspicious activity relating to your account, please contact us immediately.
Forward-looking statements
Some of the information on this website may contain forward-looking statements. Forward-looking statements give our current expectations, contain projections of results of operations or of financial condition, or forecasts of future events. Words such as “may,” “assume,” “forecast,” “position,” “predict,” “strategy,” “expect,” “intend,” “plan,” “estimate,” “anticipate,” “believe,” “project,” “budget,” “potential,” or “continue,” and similar expressions are used to identify forward-looking statements. They can be affected by assumptions used or by known or unknown risks or uncertainties. Consequently, no forward-looking statements can be guaranteed.
No materials presented within this Site should be regarded as investment advice. Kildair does not offer to sell or solicit offers to buy securities through this Site. Material and information is provided for informational purposes only, and is not intended for trading purposes.