COMPAREPOWER TERMS OF SERVICE
Last Updated: March 24, 2016
THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS. PLEASE READ IT CAREFULLY. BY USING OUR SITE, YOU ARE CONFIRMING YOUR AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS DESCRIBED HEREIN, YOU MUST LEAVE OUR SITE IMMEDIATELY.
This Terms of Service Agreement (“TOS”) is a legal agreement between you and Compare Power, LLC (“ComparePower” or “us”), and governs how you may use our website (“Site”) and the ComparePower Service defined in Section 1. When you utilize our Service, you are confirming your understanding of and agreement with these Terms and the license granted herein. By visiting or using the Site in any way, you agree to accept notices of any kind from ComparePower in electronic form. Notices from ComparePower intended for your receipt shall be deemed delivered and effective when sent by email to any email address you provide to us. Any rights not expressly granted herein are reserved by ComparePower.
1. Service Description
ComparePower is an energy supplier comparison platform (“Service”) that enables users to compare and contrast the services and associated rates offered by participating third-party Retail Electricity Suppliers (“REPs”), and to sign up for service with a selected REP. In addition, the Service offers information and guidance to assist users to select the Supplier that best meets their needs.
Energy Plan information and ratings are intended only as general guidelines, and ComparePower does not guarantee the accuracy of any such information or ratings. All Suppliers featured on this Site are independent third-parties. ComparePower does not guarantee that the energy service offers or terms and conditions made available by REPs are the best or lowest available in the market. ComparePower does not sell, resell or license any of the services offered by REPs, nor is ComparePower acting as an agent of sale for REPs. ComparePower disclaims any responsibility for, or liability related to, any service offered by participating REPs (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any service should be directed to the appropriate REP.
ComparePower only displays the information that REPs provide in a manner that assists our users to choose among them, and is not responsible for any inaccuracies in the information we display. ComparePower does not warrant that service descriptions, pricing, or any other content of the Site, regardless of its source, is accurate, complete, reliable, current, or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by ComparePower of any REP. ComparePower assumes no liability for inaccuracy or incompleteness in its search results, or other content on the Site.
If you elect to establish service with a REP via our Site, you do so under the specific terms offered by such REP, so you must also agree to and understand those terms. Your interaction with any REP accessed through this Site is at your own risk and ComparePower does not have any responsibility for the quality of the services you receive from any such REP.
2. Establishing a User Account
If you sign up for a user account on the Site, you must select a username and password and provide accurate, complete, and updated contact information, identification details, and any other form of authentication that ComparePower may request in its sole discretion. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may terminate your account at any time, by emailing us at [email protected]. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel accounts for any reason, in our sole discretion. These Terms of Service will remain in full effect even after your account is terminated.
ComparePower hereby grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site under the terms set forth below. The Site and the content, including, but not limited to, text, data, reports, opinions, software (including HTML-based computer programs), images, photos, graphics, graphs, charts, animations and video (collectively the “Content”) displayed on the Site may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms of Service, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of ComparePower.
The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on this website are registered and unregistered marks of ComparePower and others. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark. ComparePower aggressively enforces its intellectual property rights to the fullest extent of the law. ComparePower’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this website, without our prior, written permission To request permission to use the Marks or Content on the Site, or any other ComparePower material, please contact us.
4. Termination of License
ComparePower reserves the right to terminate the License granted herein and deny you access to the Service (or any portion of the Site) in its sole discretion, without any advance notice or liability to you if it believes your conduct fails to conform with these Terms of Service. ComparePower also reserves the right to investigate suspected violations of these Terms of Service, including, without limitation, any violation arising from any e-mails you send to ComparePower. Any violation of these Terms of Service may be referred to law enforcement authorities. If your License is terminated for any reason: (i) we will remove your profile from the Site; and (ii) we may, in our sole discretion, remove and discard any of your submitted Content. The termination of your License and account will not affect any additional right or relief to which ComparePower may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to ComparePower.
5. Public Forums
The Site may provide you the opportunity to post content, including but not limited to remarks, suggestions, ideas, graphics or other submissions (collectively “Content”) on this site for review and comment by other users. Any aspect of this Site that offers this feature shall henceforth be referred to as a “Public Forum.” The content you choose to post or disseminate on a Public Forum may be available for all other users to view and download, so use caution in what you post or otherwise make available on the Site.
If you choose to post any Content, you are granting ComparePower an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your Content for any purpose whatsoever (including to provide the Site and Services) in all formats, on or through any media, technology or device now known or hereafter developed. You further perpetually and irrevocably grant ComparePower the unconditional right to use, disseminate and display your name, persona and likeness included in any Content without any obligation or payment to you.
You agree that your Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant ComparePower the license above. Upon ComparePower’s request, you will furnish ComparePower any documentation, substantiation or releases necessary to verify your compliance with these Terms. ComparePower is under no obligation to post or use any submission you may provide, and ComparepPower may remove any submission at any time in its sole discretion. Notwithstanding the foregoing, all personal data provided to ComparePower will be handled in accordance with our Privacy Statement. You are prohibited from posting or transmitting to or from this website any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material.
You also understand and acknowledge that: (a) ComparePower and its parent, subsidiary and affiliate companies have wide access to ideas and other materials and that many ideas may be similar or identical to your Content; (b) you will not be entitled to any compensation as a result of ComparePower’s use of any such similar or identical material; and (c) ComparePower does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to your User Content.
You agree that ComparePower has no obligation to monitor or enforce your intellectual property rights to your Content but has the right to protect and enforce its rights to use your User Content. You further acknowledge and agree that ComparePower will not have any obligation to you with regard to Content and that ComparePower may or may not monitor, display or accept your Content and may delete it at any time and you may have no right to access or control any Content that you provide. If you uploaded Content you wish to be deleted from the Site, please contact us via email and we will consider your request.
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor disputes and take action associated with those disputes. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online and offline activities.
6. General Prohibitions
You may not do any of the following:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the website or Service;
(b) Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the website or Service;
(c) Interfere with or disrupt the website, or servers and networks connected to the website, or circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service;
(d) Impersonate any other person or entity, or allow any third-party to use the Service under your account, share your password or other account information with anyone other than those you expressly authorize, or use the account of anyone other than your own;
(e) Modify the website or Service in any manner or form, or use modified versions thereof;
(f) Sell, assign, sublicense, or otherwise transfer any right in the Service or content accessible through the website;
(g) Use any robot, spider, scraper, or other automated means to access the Service for any purpose;
(h) Take any action that imposes or may impose an unreasonable or disproportionately large load on the ComparePower infrastructure; or
(i) Knowingly disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies, or otherwise utilize the Service in any manner that violates any statute, rule, or regulation.
7. Linking Policies.
(a) Inbound Links: ComparePower grants you the revocable permission to link to publicly available portions of the Site; provided, however, that any site which incorporates a link to this Site must not: (a) create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) imply that ComparePower is endorsing or sponsoring the site or any products or services offered by or through such site; (c) present false information about, disparage, or otherwise harm ComparePower; (d) use any ComparePower trademarks without the prior written permission from ComparePower; and (e) contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in ComparePower’s sole opinion). In addition, the site must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
(b) Outbound Links: This site may include outbound links to websites and social networks that are not owned or operated by ComparePower, and are subject to different terms and conditions. If you follow outbound links, you will be legally bound by the terms and conditions of those websites and social networks to which they lead. Any outbound links are provided solely for your reference, and are not to be viewed as an authorization, endorsement, sponsorship, or affiliation by, of, or with such website or social network. ComparePower makes no representations whatsoever concerning such websites and social networks, or any products or services they may offer. You are solely responsible for determining the extent to which you may use any content at any other websites and social networks you visit via an outbound link from this site.
8. No Warranty
THE CONTENT AND THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. COMPAREPOWER MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SITE, THE SITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE. COMPAREPOWER HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
9. Limitation of Liability & Release.
In no event shall ComparePower be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the Site or the ComparePower Service, including without limitation to losses incurred due to: (a) any inaccurate information published on the site or any site accessible via an outbound link; (b) software glitches, server failures, power outages, or any other issue beyond ComparePower’s control; (c) any delays in or failure of the Service to operate as described; (d) any unauthorized disclosure of account information that may occur through the actions of any third-party, such as hackers; (e) any damage to your website code or content resulting from your use of our API; (f) damages or losses of any kind resulting from actions you take in reliance upon any results or other information provided by the Service; and (g) any other damages or losses you may incur in connection with your use of the ComparePower site or service. IN NO EVENT WILL COMPAREPOWER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
In addition, while ComparePower makes reasonable efforts to ensure that all information on this website is correct, accuracy cannot be guaranteed. ComparePower makes no representations or warranties as to the accuracy or completeness of the information contained in this website, results obtained from the use of this website, or interruptions in the availability of this website.
ComparePower is not responsible for examining or evaluating the business practices, action, omissions, or services of participating Suppliers. If you elect to establish an account with a Supplier on this site, you should first carefully review the terms and conditions of that Supplier’s service. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A SUPPLIER LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE COMPAREPOWER, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” If you are a New Jersey resident, certain sections of this TOS, including Sections 5, 6, and 7 may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act. Additional states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPAREPOWER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE OR CONTENT PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM YOUR USE OF THE SITE AND ANY VIOLATION OF THESE TERMS OF SERVICE. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION.
All information and content (“materials”) on this website and any intellectual property rights embodied therein are the property of ComparePower or its information providers. Unless otherwise stated herein, none of the materials on this website may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of ComparePower or the original copyright holder. You may display and print materials available on this website solely for your personal, non-commercial use, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. Unauthorized use of materials contained on this site is expressly prohibited by law, and may result in severe civil and criminal penalties.
The materials specified above do not include the design and layout of the website. Elements of this website are protected by trade dress and other laws and may not be copied or imitated, in whole or in part. No logo, graphic, code, script, sound, image, or asset from this website may be copied or retransmitted unless expressly permitted by ComparePower.
ComparePower or its suppliers may provide software for download on the website. Use of software provided on the website is protected by copyright law and governed by the terms of the end user license agreement that accompanies such software. You may not install or use any software that contains an end user license agreement unless you first agree to the terms of the end user license agreement.
ComparePower encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:COMPARE POWER, LLC. Attention: Copyright Agent 3824 Cedar Springs Road, Suite 175, Dallas, Texas 75219
We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
12. Choice of Law; Forum
This document shall be governed in all respects by the laws of the United States and the State of Texas. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Dallas, Texas, except that arbitration proceedings may be conducted by telephone. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas for the purpose of litigating all such claims or disputes.
All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
13. Arbitration Agreement and Class Action Waiver
You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by ComparePower applying Texas law. The arbitration may be conducted telephonically, with the costs to be split evenly between the parties.
14. Limitation of Actions
Any claim or cause of action arising out of your use of the Site or Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ComparePower to enforce or exercise any provision of this TOS or any related right shall not constitute a waiver of that right or provision.
15. Modification and Notice of Changes
ComparePower reserves the right to modify the information contained on this website or these Terms at any time without notice. You are responsible for reviewing these Terms on this website. Accessing this website after any changes to these Terms have been posted thereon will constitute your acceptance of all such changes. You have the right to accept or reject any changes in these Terms. If you reject any changes in these Terms you must discontinue use of the website immediately. Unless specifically stated otherwise, any new features, products or services added to the website shall be subject to these Terms. Some new products or features may require your acceptance of new or additional terms before use.
16. Entire Agreement
This Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions shall continue in full force and effect.
18. How to Contact Us:
If you have any questions or concerns regarding this TOS you may contact us by United States Postal Mail at the address below.
Postal Mailing Address:COMPARE POWER, LLC. 3824 Cedar Springs Road, Suite 175, Dallas, Texas 75219