The Services and any other features, content, or software services offered from time to time by Company in connection therewith are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services that have been selected by you, solely for your own use, and not for the use or benefit of any third party. The term "Services" includes, without limitation, use of any Service or offering Company performs for you. Company may change, suspend, or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. You certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. The Services may be used only for comparing and enrolling into electric and/or gas plans with third-party energy suppliers in the deregulated states in which we operate. You agree to use the Services for their intended purposes. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
The materials in the Services and on any EFAC website are provided “as is.” Further, EFAC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Services or materials or otherwise relating to such materials or on any sites linked to the Services.
The content of the Services, including text, graphics, images, logos, button icons, software, and programming code is protected under United States and foreign copyright, trademark, and any other applicable intellectual property laws. All content is the sole and exclusive property of EFAC. Users are restricted from any unauthorized use of the content, including reproducing, reselling, or displaying the content of the Services for any purpose, by national and international laws. EFAC grants you limited, non-transferable, non-assignable, non-exclusive, revocable license to view the Services for your personal and non-commercial use. The information contained within the Services is copyright © 2016 by Energy for a Cause, Inc. All rights reserved.
To use certain features and functionalities of the Service, you must create an account with us. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. You represent that you are capable of forming a legally binding contract according to the law applicable to you. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account as a condition to using all or some aspects of the Services. You shall provide the Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not select or use a name of another person with the intent to impersonate that person, nor use a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel your account in its discretion. Do not share your password. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately at firstname.lastname@example.org.
We reserve the right to change, amend, and/or modify this Agreement, in whole or in part, at any time. You hereby acknowledge and agree that such changes, amendments, and/or modifications will become effective when posted or as otherwise provided by us. From time to time, we may post or otherwise notify you of additional or different rules and policies relating to the Services. These rules and policies shall thereafter be part of this Agreement. If you use the Service after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.
Company may terminate or suspend any and all services and access to the Services immediately, without prior notice or liability, at Company’s discretion or if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services will immediately cease. All provisions of this Agreement that, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with Company's prior written consent. Company may transfer, assign, or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning and may not accurately reflect the content of the provisions they precede.
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
COMPANY SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR, THE SELECTION, USE, AND SUITABILITY OF THE SOFTWARE AND THE INFORMATION, CONTENT, AND EXPERIENCES PROVIDED VIA THE SERVICES. COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SERVICES, OR PURCHASE OR USE OF PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY COMPANY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Since we respect artist and content owner rights, it is Company’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Services, please notify Company at email@example.com. When filing your report, please provide the following information below: • An electronic or physical signature of a person authorized to act on behalf of the copyright owner; • Identification of the copyrighted work that you claim has been infringed; • Identification of the material that is claimed to be infringing and where it is located on the Software; • Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, email address; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. Once proper, bona fide infringement notification is received, it is our policy: • To remove or disable access to the infringing material; • To notify the content provider, member, or user that we have removed or disabled access to the material; • That repeat offenders will have the infringing material removed from the system and that we will terminate such content providers, members, or user’s access to the Services.
Any claim relating to the EFAC Services shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. Contact
If you have any questions, complaints, or claims with respect to the Services, you may contact us at firstname.lastname@example.org.