Legal Terms / Privacy Policy

Terms & Conditions
Effective Date May 1, 2024

Legal Notice:

Please Read These Terms Carefully Before Using this Site.

These are the terms and conditions for our various websites, mobile applications, onboard media, blogs, phone, in person, social media and other places, and other online or wireless offerings, whether accessed via computer, mobile device or other technology, owned or operated by Perillo Bros, together with our affiliates, including Petro Home Services, (individually and collectively, the “Company” or “we”, or “us”) (collectively, our “Access Points”). By visiting or using any of the Access Points and purchasing products and services from the Company via the Access Points, you agree to abide by and be bound by these Terms of Use (these “Terms”). In using the Access Points you warrant that you are legally capable of entering into a binding contract and that you are at least 18 years old. If you do not agree with any of the Terms set out below, do not use or visit any of the Access Points.

Limited License
The Company grants you limited license to access and make personal use of any of the Access Points. Elements of the Access Points, including the “look” and “feel” of the Access Points, text, images, logos, button, icons software and other “Content” are the exclusive property of the Company or are licensed or used with permission from third parties and are protected by trade dress, trademark, unfair competition, and other laws or treaties and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of the Access Points may be copied or retransmitted unless expressly permitted by the Company.

By your use of any of the Access Points you agree to comply with all copyright laws worldwide and to prevent any unauthorized copying of the Content. The Access Points may only be used for lawful purposes. You agree not to delete or change another person’s information as posted on the Access Points; transmit, distribute, erase or store material (a) in violation of any applicable law or regulation, (b) that invades another’s privacy or publicity rights or (c) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or otherwise objectionable; post a sexually explicit image or statement; or use any device, software or routine to interfere or attempt to interfere with the proper working of any of the Access Points or any activity being conducted by any of the Access Points.

Warranty Disclaimer
THE COMPANY USES REASONABLE CARE IN COMPILING AND PRESENTING THE INFORMATION ON ANY OF THE ACCESS POINTS. HOWEVER, THE MATERIALS MAY CONTAIN INACCURACIES, OUTDATED INFORMATION, BROKEN LINKS, OR TYPOGRAPHICAL ERRORS. PETROLEUM HEAT AND POWER INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE ACCESS POINTS. THE ACCURACY OF INFORMATION SUPPLIED BY OTHER USERS OF ANY OF THE ACCESS POINTS IS NOT WITHIN THE CONTROL OF THE COMPANY. ANY OF THE ACCESS POINTS AND ALL CONTENTS OF ANY OF THE ACCESS POINTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Linked Access Points
As a convenience to you, the Company may provide, on any of the Access Points, links to other websites, , mobile applications, onboard media, blogs, phone, in person, social media and other places operated by other entities (“Links”). If you use these Links, you will leave the Access Points. If you decide to visit any Linked, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements that may affect any of the Access Points or the Links. Providing the Links to any websites, , mobile applications, onboard media, blogs, phone, in person, social media and other places operated by other entities does not mean that the Company endorses or accepts responsibility for the use of or material available via such Links. You may not link to any of the Access Points without the Company’s prior written approval. Even if the Company grants its approval, it has no control over the material, operation or performance of any portion of the Internet including other websites, mobile applications, onboard media, blogs, phone, in person, social media and other places to which any of the Access Points may be linked or from which any of the Access Points may be accessed. The Company reserves the right to revoke consent to link at any time in its sole discretion and without notice.

Registration
You may be given the opportunity via an Access Point to create a user account (“Your Account”) that may allow you to provide or receive information from the Company and/or to participate in certain features such as bill paying, contacting a service representative or making a service appointment. The Company will use the information you provide in accordance with the Company’s Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete and accurate. During the registration process, you may be required to choose a password and/or user name. You acknowledge and agree that the Company may rely on this password or user name to identify you. You acknowledge and agree that the Company may use the phone number your provide to contact you regarding outstanding invoices, contract renewals and services. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You are responsible for all use of Your Account, regardless of whether you authorized such access or use, and for ensuring that all use of Your Account complies fully with the provisions of these Terms. We have the right to disable any user identification code or password at any time if in our opinion you have failed to comply with any of the provisions of these terms of use. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Access Points and all charges related to the same.

Mobile Terms and Conditions

By creating an Account and opting into our services or to receive messages from us, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. By opting in or creating an Account, you are confirming you are over the age of 13.

To receive special text offers and deals, confirm your preferences under notification preferences in your account Message frequency Varies. Message and data rates may apply.
STOP Information: Text STOP to [short code] to stop receiving Perillo Bros. Alerts messages from Perillo Bros. (you will receive a confirmation text).
HELP Information: For additional information, text HELP to [short code] or contact (631) 249-4141.

Limitation Of Liability

To the fullest extent permitted by law, we have no liability for loss arising from: (i) any products or equipment which after delivery have been subjected to willful damage, incorrect handling or storage, accident, negligence by you or by any third party; or (ii) any failure by you to use products in accordance with our instructions.

To the fullest extent permitted by law, we will not be held responsible for any delay or failure to comply with the obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.

We do use industry standard software and systems; however we do not warrant that the Access Points will operate error-free nor that the Access Points and the Company’s servers are free of computer viruses. If your use of the Access Points results in the need for servicing or replacing equipment or data, we are not responsible for those costs.

Viruses, Hacking and Other Offenses

You must not misuse or attack the Access Points by knowingly introducing viruses or other material which is malicious or technologically harmful. You warrant you shall not provide any information that is defamatory, threatening, obscene, harassing, or otherwise unlawful. You must not attempt to gain unauthorized access to the Access Points, or the servers, or any other computer or database connected with the Access Points.

By breaching this provision you may be committing a criminal offense and we will report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach your right to use the Access Points will cease immediately.

To the extent permitted by law, we will not be liable for any loss or damage caused by a denial of service, attack directed at our site, viruses or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the Access Points or any material posted on it, or on any website linked to it.

Indemnification
BY USING ANY OF THE ACCESS POINTS, YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE COMPANY FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE ACCESS POINTS OR ANY LINKS OR TEXT MESSAGES, UNLESS SUCH CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES ARISE FROM AND HAVE DIRECTLY AND SOLELY BEEN CAUSES BY THE GROSS NEGLIGENCE OR INTENTIONALLY WRONGFUL ACTS OF THE COMPANY.

Reliance on Information Posted

While we use all reasonable endeavors to keep the information on the Access Points are accurate and up to date, the Content and other materials displayed are provided without any guarantees, conditions or warranties as to its accuracy.

Materials on the Access Points are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on any materials by any visitor to the Access Points or by anyone who may be informed of any of its content.

Payment

We use the services of a payment provider for all on-line payments. When you make a payment via the Access Points you will be directed to an online form in order to process your payment and enter your card number, expiration date and security code and other card details. Payment details will then be transmitted to the payment provider for processing and confirmation.

Other Important Terms

We may transfer our rights and obligations hereunder to another organization, but this will not affect your rights or our obligations under these Terms.

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

Severance.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Waiver

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Changes

We reserve the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Access Points. If we make any material change to the Terms, we will post those changes on this, or any other appropriate page, and they will become effective upon the later of 1) the date specified by us, if any, or 2) the posting. By accessing the Access Points after changes are made to the Terms and posted, you agree to be legally bound and to abide by the amended terms. You should visit this page from time-to-time to review the then-current Terms because they are binding on you.

Entire Agreement

These Terms constitute the entire agreement between us regarding or in connection with the Access Points. You agree that you shall have no remedies in respect of any representation or warranty (whether made innocently or negligently) that is not set out in the Terms. You shall have no claim for innocent or negligent misrepresentation based upon any statement in this agreement. Nothing in this clause shall limit or exclude any liability for fraud.

Governing Law & Arbitration; Waiver of Class Action Claims

The Access Points are controlled, operated and administered by the Company’s parent company from its principal offices in Connecticut, USA. These Terms are governed by, and construed and interpreted in accordance with the laws of the State of New York, without reference to its conflict of laws.

You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, production, manufacture, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all of the Access Points (collectively “Claims”), shall be governed by the internal substantive laws of the State of Connecticut without regard to its conflict of laws principles and that any and all Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”).

Before commencing any arbitration, you must give us notice of a claim, in writing. We may then attempt to resolve your claim. If the dispute is not resolved within 30 days, you may demand an arbitration pursuant to the terms below.

You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA and subject to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.; (ii) the arbitration shall be held telephonically with written submissions, or based on written submissions only (at your option), with the arbitrator’s fee to be paid by us (unless the arbitrator finds that your claims are frivolous, in which case you will pay the arbitrator’s fee), if the amount in controversy is $10,000 or below, or, for amounts in controversy in excess of $10,000 in person at a location determined by the AAA pursuant to the Rules and Procedures of the AAA, with the arbitrator’s fee to be allocated equally between the parties; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL, and (v) your claim shall be arbitrated on an individual basis, and that you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any Claim subject to arbitration, and that the arbitrator shall have no authority to consolidate or join the Claims of other persons or parties who may be similarly situated and may only resolve Claims, and render awards between you and us alone. With the exception subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. If subpart (v) is invalidated, there shall be no right to arbitration of claims on any class or collective basis, but instead any attempt to assert claims on a class or collective basis of any kind must be pursued in a court of competent jurisdiction. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at //www.adr.org.

Information About Us

The Company has an address at 9 Murray St. Farmingdale, NY 11735 You may contact our Customer Service department at (631) 249-4141. Please note that all calls made from landlines will be charged at your standard landline rate. Mobile phone calls will vary. Calls may be monitored for quality and training purposes.

Privacy Policy

Last modified: May 1, 2024

INTRODUCTION

Perillo Bros. together with our affiliates (”Company”, “us”, or “we”) respect your privacy and are committed to protecting it through our compliance with this privacy policy (this “Policy”).

This policy describes the types of information we may collect or that you may provide when you visit, purchase, download, register with, access, or use our products, features, tools, materials, or services offered from time to time through a variety of Access Points. The term “Access Points” refers to, collectively, our various websites, mobile applications, onboard media, blogs, phone, in person, social media and other places, and other online or wireless offerings, whether accessed via computer, mobile device or other technology, any of which is owned or operated by us or on behalf. This policy also describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

By visiting, purchasing, downloading, registering with, accessing, or using our products, features, tools, materials, or services offered from time to time through any of our Access Points, you consent to the collection and use of information from or about you as explained in this Privacy Policy and to our Terms and Conditions. If you do not consent to the collection and use of information from or about you in accordance with this Privacy Policy, then you may not use our Access Points.

Unregistered Visitor
We do not collect automatically personal information from individuals who do not register on our Access Points and are just visiting our Access Points. We don’t knowingly probe visitor’s computers for personal information. We do collect visitor’s Internet technical statistics, including IP addresses, referrers, the type of browser and type of workstation used. With this information, we may gain insight into how visitors find us on the Internet, and how many Windows vs. Mac users visit our Access Points and use the information to improve our services to visitors and users. This information may help us to decide how much to invest in compatibility with different browsers.

Registered User
A “registered” user on one of our Access Points is someone who has elected to complete the registration page on our Access Point to establish an ongoing, personalized experience with us or to visit, purchase, download, register with, access, or use our products, features, tools, materials, or services offered there from time to time. Most registered users on our Access Points are fuel, HVAC or service customers. We collect personally identifiable information from you when you register as a user of the Access Points. The personal information we collect may include your name, billing and shipping address, email address, credit card or bank debit card information, including expiration date and security code, and mobile and home phone numbers. Your credit card information will be used only to process your transactions with us. Your credit card number and security code will not be stored on our Access Points. You are not required to provide this personal information to view the Access Points, however, you will not be able to register as a user unless it is provided. We use the personal information you elect to submit to the Access Points as a registered user for our own research, advertising and marketing purposes, including sending you by postal and electronic mail information about products and services offered by us and by other companies that we think you will be interested in. A fuel, HVAC or service customer, of course, might not download an app or be a registered web user of one of our websites, but we are committed to similar privacy safeguards for information gathered about you through non-web methods as well. We record our calls with prospective and actual customers, and confirm before doing so that we have your permission to record our call. We collect various information about its customers as part of its routine business operations, including, but not limited to:

ordinary business transactions, such as fuel deliveries, service history and payments
credit information from third party bureaus
billing, service and delivery addresses and contact information
characteristics of heating and system used and services provided
other information incident to the provision of fuel and services.

This information may be collected via the Access Points, or in print application or other forms or in person.

Each registered user at an Access Point may have access to personally identifiable information we collect about that registered user, whether or not this information is delivered or collected through the Access Points.

Third-Party Information Collection

When you use the Access Points or their content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

Advertisers, ad networks, and ad servers.
Analytics companies.
Your mobile device manufacturer.
Your mobile service provider.

These third parties may use tracking technologies to collect information about you when you use the Access Points. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see our Opt-out Policy and Cookies and Standard Web Practices below.

USE OF INFORMATION

We use the information (including personal information) we collect from or about you (including without limitation, through technologies such as cookies, pixel tags and similar technologies) primarily to provide better customer service to you, to improve and customize the content you see, to help recognize you when you use other devices, to provide the service you request, and to contact you about special promotions and new products and services and for purposes including the following:

customizing or personalizing and evaluating how well our products, features, tools, materials, or services perform;
customizing, targeting or personalizing our advertising that you view and monitoring the effectiveness of our email communications and other advertising efforts;
to provide you with the products and services you request;
remembering information so that you will not have to re-enter it during your visits to, or the next time you visit, the Access Points;
to reward you as part of any reward and recognition program you choose to join;
to solicit information from you, including through surveys;
to resolve disputes, collect fees, or troubleshoot problems
monitoring the effectiveness of the Access Points;
identifying what information about our products and services you may share;
contacting you for a sweepstakes or other promotion about a product or service we believe may be of interest to you, either from us alone or together with another sponsor or a third party;
conducting research;
compiling aggregate data for internal and external business purposes;
monitoring the aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on the Access Points;
diagnosing or fixing technology problems;
preventing potentially illegal or harmful activities, including fraud;
protecting your and our rights;
other uses in accordance with our Terms and Conditions;
planning for, improving and enhancing our services; and
any other purpose that is required or permitted by law or that is disclosed to you at the time we collect the information or that is related to a request made by you.

In addition to the information (including personal information) described in this Policy, we may aggregate information about you and other individuals together, or otherwise “de-identify” the information about you (which means that the information does not identify you personally). We may use information in these forms for any legitimate business purpose, including without limitation, for research and analysis, administration of the products and services, advertising (e.g., improving our targeting efforts or our Service or other services), and promotional purposes.

In order to access the service from your mobile device or browser, you may be required to share your device’s precise location data (e.g., latitude and longitude) with us. This location data may be used to provide tailored service to you based on your location.

Opt-out Policy

You can instruct us at any time not to use your personally identifiable information for marketing and educational purposes by contacting us at Customer Service (631) 249-4141. When calling, please provide your registration information or account number. However, we are committed to communicating with you in meaningful ways that we feel will be to your advantage. For instance, our marketing materials may include tips for heating and cooling, or suggestions on how best to manage an account. We will also continue to communicate with you regarding deliveries, products or services or any amounts due in connection therewith.

Children Under The Age Of 13

Our Access Points are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at Customer Service at (631) 249-4141.

Information We Disclose to Others
We disclose information to our own service suppliers (marketing, website, advertising and other vendors, licensors, service providers and our financial and legal advisors). We may also share information (including personal information) with third-party vendors who provide functions on our behalf, including credit card processing, invoices, business analytics, customer service, marketing, distribution of surveys or promotional programs, and fraud prevention. We may also authorize third-party vendors to collect information on our behalf, including as necessary to operate features of our websites, any apps and other Access Points. We do not however, disclose text messaging originator opt-in data and consent information with any third party vendors, third party business partners or any other third parties (other than government authorities and then only pursuant to a subpoena as described in the paragraph below).

Third-party vendors have access to and may collect information (including personal information) only as needed to perform their functions and are not permitted to share or use the information for any other purpose. They are also required to adopt data security practices consistent with our practices.

We may share information (including personal information) with our third party business partners with whom we (i) may jointly offer products or services or sweepstakes or other promotions, energy or home services related and otherwise, or (ii) whose products or services may be offered through or on the Access Points; or (iii) who we believe may have products and services that may be of interest to you. You can tell when a third party is involved in a product or service you have requested because their name will appear, either alone or with ours. Please note that third-party business partners are not controlled by us and personal information disclosed to them is subject to the applicable third party’s privacy policy and security practices. Therefore, we encourage you to review the privacy policies of third-party business partner.

We disclose personally identifiable information to third parties only with your permission, or to cooperate with governmental authorities, such as to respond to subpoenas or other legitimate inquiries, in connection with a stolen credit or bank card, identity theft, fraud or other criminal investigation, or otherwise, in accordance with the procedures prescribed by relevant laws, or in connection with a sale or merger of our company or all or substantially all of its assets (including a sale while in bankruptcy). We may disclosure aggregated information collected from visitors and users to the Access Points and our customers to third parties.

Cookies and Standard Web Practices
Our Access Points makes use of cookies for some features. Cookies are not required to visit or view all pages on our Access Points, but you will need to enable cookies to perform some functions on the Access Points. A “cookie” is a small text file that is stored on your computer when you access an Access Point. Cookies can perform useful functions, such as allowing you to return to the Access Point and be recognized without having to restart an authentication process or type in your registration information. Browsers such as Microsoft Internet Explorer allow you to block the storage of cookies. While you may block the storage of cookies, know that some functions on our Access Points will not work properly without cookies. In general, cookies are used to identify a session as unique. We don’t use cookies on our Access Points for systematic tracking of its customers other than the methods mentioned below:

Web Usage Tracking: We employ various software tracking techniques to produce website and other access point traffic reports to understand and improve the experience for visitors and customers. These reports compile individual user visits anonymously.
Secure Transmissions to Our Servers: We use a widely used encryption technology called SSL to encode sensitive information when you transmit it to us through our Access Points. This is generally the same technology used by your banks.
We and our third-party advertising companies may use pixel tags in HTML-enabled email and on our Access Points to track whether (and when) the recipient opened the message. check whether you have viewed a particular web page, ad, or email message, and determine, among other things, the time and date on which you viewed or accessed the Services, the IP address of your computer, and the URL of the web page from which the Services were viewed or accessed.
The analytics tools that collect information sent by your browser or mobile device, including the pages you visit, your use of third party applications, and other information assists us in analyzing and improving the Access Points.

Information Accuracy
Part of the responsibility for storing your personally identifiable information securely is to provide you with a means of correcting information you find to be inaccurate. To update and verify information you provide to us through our Access Points or collected by us through business transactions we conduct with you, call our customer service center at (631) 249-4141.

Security Standards
We maintain administrative, technical, and physical safeguards designed to protect personal information against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure or use. While we take efforts to help ensure the integrity and security of our network and systems, we cannot guarantee our security measures.

If you think someone has obtained your login or password, please immediately call our customer service center at 1-800-OIL-HEAT (800.645.4328). If we suspect there is security breach or other unauthorized activity involving your account, we may post a notice on our Access Points, or try to contact you using your email or postal address or telephone.

Privacy At Other Websites or Apps
When we provide links to other websites or apps from our Access Points that we believe you may find useful, be advised that when you visit those sites or apps, you will be operating under their individual privacy policies. We encourage you to carefully review their respective privacy policies.

Updates And Changes

We reserve the right, at our sole discretion, to change, modify, add, remove, or otherwise revise portions of this Privacy Privacy at any time. We will post material change(s) on this website, as appropriate. Your continued use of the Access Points after changes means you accept these changes.

Questions / Contact Us

If you have any questions about this Privacy Policy or the practices described herein, you may contact us at our customer service center at (631) 249-4141 or write to us at 9 Murray St. Farmingdale, NY 11735. You may contact our Customer Service department at (631) 249-4141 and ask that person in charge of personal information or customer service respond to you. We are not responsible if you do not correctly address your request.