Terms of Service
Description of Services.
EnergyBill.com is an independent, third party agent for the selection of cost efficient utility services on behalf of EnergyBill.com’s clients, and also offers other services, including electronic bill aggregation and payment services. EnergyBill.com is not affiliated with any utility service provider, and is not responsible for the delivery, or failure to deliver, Utility Services to EnergyBill’s Account Holders, nor will EnergyBill be responsible for any damages to its Account Holders in connection with the delivery or failure to deliver Utility Services. Any individual or legal entity that elects to establish an Account with EnergyBill.com acknowledges and agrees that Account Holder’s contractual relationship for the provision of, and payment for, Utility Services accessed through EnergyBill.com is directly between the Account Holder and the Utility Provider. You agree that you will use the EnergyBill.com services only in accordance the Terms of Service. Your acceptance of these Terms of Service and your use of the Services shall be governed by the most recent version of the Terms of Service posted to the EnergyBill.com website. All capitalized terms herein shall have the meaning set forth in Section 2 or as defined elsewhere within this document.
EnergyBill owns or licenses from third parties all intellectual property rights in the Content (as defined in Section 2) on EnergyBill.com, and the Content is protected under both United States and other applicable copyright, trademark and other laws. You may download or print a copy of information provided on EnergyBill.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any Content from EnergyBill.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
“Account” means to your account with EnergyBill
“Account Holder” means the individual or, in the case of a legal entity, the authorized representative, who accepts these terms and conditions and creates an EnergyBill account.
“Agreement” means these “Terms of Service”
“Charges” means the amount charged by the Utility Providers for the Utility Services, including but not limited to any monthly recurring charges, set-up or termination fees, late fees, service change fees, etc.
“Content” means EnergyBill’s proprietary information contained on this website concerning the Services and related activities, including but not limited to the features and functionality and all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof.
“Commercial Customer” means end users consuming energy for commercial purposes.
“Communication” means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, statements, privacy policies and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing.
“Default” refers to a failure to comply with one or more of the terms and conditions of this Agreement by the Account Holder shall constitute a default.
“Designated Funding Account” means the bank account, debit or credit card account from which the Account Holder has authorized EnergyBill to pay the Fees and Charges.
“Disconnection of Service” refers to the interruption of an Account Holder’s supply of energy service at the customer’s point of delivery such as by a Retail Electric Provider (REP) or Transmission and Distribution Utility (TDU).
“Effective Date” means the date the Account Holder accepts these Terms of Service by creating an EnergyBill account.
“Registered Location” means the home or office identified on the Account Holder’s account, for which the Account Holder is purchasing the Services.
“Residential Customer” means end users consuming energy at the customer’s place of residence for personal, family or household purposes.
“Retail Electric Provider (REP)” - A person or entity that sells electric energy to retail customers and does not own or operate generation assets.
“Services” refers to EnergyBill’s products, software, services and website.
“Service Fees” monthly recurring charges for EnergyBill Services. Service fees will be assessed by multiplying the electric energy consumption (kWh) at each Registered Location by $0.004/kWh. The monthly minimum Service Fee is $2.00.
“Terms of Service” or “TOS” means the terms and conditions set forth herein which govern our respective rights and obligations in connection with your use and our delivery of the Services.
“Transmission and Distribution Utility (TDU)“ an electric utility that owns or operates equipment and/or facilities to transmit and/or distribute electricity
“Utilities” or “Utility Services” means transmission and delivery of energy resources.
“Utility Provider” means any entity which provides the Utility Services to Account Holder and may be comprised of two separate entities: a Retail Electric Provider (REP) and Transmission & Distribution Utility (TDU).
“us” “we” or “our” refers to EnergyBill.com or EnergyBill
“Visitor” means a user of this website that is not an Account Holder
“you” or “your” refers to the named Account Holder at EnergyBill.com
Activation of Services
By using the information, tools, software, features and functionality, including Content, updates and new releases located on the website you agree to be bound by this Agreement, whether you are a Visitor or you are an Account Holder. If you wish to become an Account Holder and make use of the Services, you must read this Agreement and indicate your acceptance during the registration process. You may not use the Services and you may not accept this Agreement if you are not of a legal age to form a binding contract with EnergyBill.
As the Account Holder, you are solely responsible for safeguarding your Account access information, and EnergyBill will have no liability to you for any damage or injury as a result of activity on your Account initiated by individuals (such as other members of your household) who gain access to your account through no fault of EnergyBill. Accordingly, you agree that you will be solely responsible to EnergyBill for all activities that occur under your Account. If you become aware of any unauthorized use of your password or of your Account, you agree to notify EnergyBill immediately by email at firstname.lastname@example.org
You may use the EnergyBill website and any Content thereon solely in connection with the Services, including but not limited to creating an EnergyBill Account. All right, title and interest in and to the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein to the Content and the Services shall remain with the EnergyBill and our licensors and suppliers, and no ownership interest is transferred to you or any other entity by virtue of your use of the website or your receipt of Services.
Your access and use of the EnergyBill website may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the site or other activities that EnergyBill may take in its sole discretion.
From time to time, EnergyBill may include new and/or updated pre-release Features and trial use (“Trial Features”) in the Service for your use and which permit you to provide feedback. You understand and agree EnergyBill is not obligated to provide you with new or updated Features, and that your use of the Trial Features is voluntary. If you choose to use the Trial Features, you must do so in accordance with this Agreement and any other restrictions EnergyBill places on the Trial Features. You understand that once you use the Trial Features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Trial Features back to the earlier version. The Trial Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Trial Features is at your sole risk.
You agree that EnergyBill may use your feedback, suggestions, or ideas in any way, including future modifications of the Services, development of other products or services, advertising or marketing materials. You grant EnergyBill a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to us in any way. EnergyBill will not sell, publish or share your feedback in a way that could identify you without your explicit permission
Appointment of EnergyBill as Agent
When you create an Account, you are required to submit to EnergyBill information, data, passwords, usernames, PINs, other log-in information, materials and other content for each of your current Utility Provider and/or third party sites, as well as information required for billing and payment methods, including but not limited to bank account and/or credit/debit card information sufficient to permit EnergyBill to debit your Designated Funding Account each month for payment of your Utility charges and your EnergyBill Services Fees. (“Account Information”). By creating an Account, you are licensing the Account Information to EnergyBill solely for the purpose of providing the Services. EnergyBill may use and store the Account Information, but only to provide the Services to you. By submitting your Account Information to EnergyBill, you represent that you are entitled to submit such information to EnergyBill for this purpose, without any obligation by EnergyBill to pay any fees or any other limitations.
In order to provide the Services, you agree to grant EnergyBill equivalent access and/or rights to request access, view or download electric usage information applicable to your Account from the Utility Provider or equivalent entity with such data. This Agreement shall serve as your “Letter of Authorization”.
By using the Services, you expressly authorize EnergyBill, to serve as your agent on your behalf, to access your Account Information. When you use the “Add Accounts” feature of the Services, you will be directly connected to the websites of the third party sites such as Utility Providers which you have identified. EnergyBill will submit information, including usernames and passwords that you provide us for these accounts, to log you into the site. EnergyBill will also use your Account Information to terminate services with existing Utility Providers and establish new accounts on your behalf with additional Utility Providers who can provide you with the same or better service at a lower cost. You hereby authorize and permit EnergyBill to use and store your Account Information to accomplish all of the foregoing and to configure the Services so to be compatible with the sites of your existing and future Utility Providers.
For purposes of this Agreement, you grant EnergyBill a limited power of attorney, and appoint EnergyBill as your attorney-in-fact and agent, to access, retrieve and use your Account Information and provide the EnergyBill Services with the full power and authority to do and perform each thing necessary in connection with the activities described above, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN ENERGYBILL IS ACCESSING AND RETRIEVING OR SUPPLYING YOUR ACCOUNT INFORMATION TO AND FROM UTILITY PROVIDER SITES, ENERGYBILL IS ACTING AS YOUR AGENT AND NOT AS THE AGENT OF OR ON BEHALF OF THE UTILITY PROVIDER. You understand and agree that the EnergyBill Services are not sponsored or endorsed by the Utility Providers. EnergyBill cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. EnergyBill does not assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, Communications or personalization settings.
EnergyBill is not a provider of Utility Services. Your contractual relationship for all Utility Services is directly with the applicable Utility Provider. EnergyBill compares rates of Utility Providers in your area and procures Utility Services on your behalf as determined by EnergyBill’s proprietary algorithms. Your contractual relationship for all Utility Services is directly with the Utility Provider and you are solely responsible for all of your dealings with the Energy Provider. You acknowledge that EnergyBill retains absolute discretion to determine which Utility Providers will be available as part of the Services and that EnergyBill may add or delete Utility Providers from its Services from time to time. You further acknowledge that EnergyBill does not control the acts or omissions of the Energy Provider in any way and will have no liability in relation thereto or in relation to any products or services provided by or on behalf of the Energy Provider to you, and you agree to hold EnergyBill harmless from any liability as a result of a Utility Providers no longer being available as part of the Services.
You acknowledge and agree that EnergyBill’s ability to maximize your savings, and consistently maintain the lowest overall cost of consumption of Utility Services is substantially dependent on EnergyBill’s ability to redirect your Utility Services at any point in time to the lowest cost provider. Accordingly, you understand and agree that your appointment of EnergyBill as your agent allows EnergyBill to change your Utility Service Providers from time to time without notice. Your current Utility Service Providers’ information can be accessed at any time by logging in to your EnergyBill Account.
You acknowledge that your use of the Services is at your sole risk, and you agree to hold EnergyBill harmless from any liability in connection with the your Utility Services, including but not limited to (i) the collection, storage and use of your Account Information; (ii) interruption or suspension of Utility Services for any reason whatsoever; (iii) problems with, or failure of, the transmission of any communication between you and your Utility Providers; and (iv) any damages as a result of overcharges, undercharges, misdirected charges, and or similar claims.
You may terminate the Services at any time by deactivating your Account, which can be done from your account settings page. We can terminate the EnergyBill Services at any time due to your unauthorized use of the Services, failure to comply with these Terms of Services, or failure to pay the Service Fees. Termination of the EnergyBill Services for any reasons automatically revokes EnergyBill’s agency status. UPON TERMINATION OF THE SERVICES FOR ANY REASON EnergyBill WILL PROVIDE YOU WITH CONTACT INFORMATION FOR YOUR UTILITY PROVIDER. YOU MUST CONTACT YOUR UTILITY PROVIDER IMMEDIATELY TO MAKE PAYMENT ARRANGEMENTS AND AVOID A DISCONNECTION OF SERVICE.
You shall defend, indemnify and hold harmless EnergyBill and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys’ fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access, and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. EnergyBill MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Online and Mobile Alerts
EnergyBill may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Account, such as a change in your registration information. Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. EnergyBill may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion. Electronic alerts will be sent to the current email address you have listed on your Account as your primary email address. You can also choose to have alerts sent to a mobile device that accepts text messages. If your email address or your mobile phone number changes, you are responsible for informing us of that change. Changes to your email address or mobile number will apply to all of your alerts. At any time you may disable future alerts. You are responsible for any charges by your carrier for receiving email and text alerts.
Restrictions on Your Use of the Website
You agree to the following restrictions:
- not to use this website or Content in any way not explicitly permitted by this Agreement
- not to copy, modify or create derivative works involving the Content other than in accordance with this Agreement
- not to misrepresent your identity or provide us with any false information when registering for the Services or at any other time you are submitting information to EnergyBill;
- not to use another Account Holder’s password to access the Services;
- not to use any automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor EnergyBill.com or any portion of the website
- not to use, or attempt to use, any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search EnergyBill.com, other than the search engines and search agents available through the Services and other than generally available third-party web browsers;
- not to post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of EnergyBill.com or the Service; or
- not to attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of EnergyBill.com or the Services.
- not to directly or indirectly authorize anyone else to take actions prohibited in this section;
Certain portions of this website may be configured to permit users to post messages, comments, or other content. Any such content is only the opinion of the author and should not be relied upon for any purpose. You agree to only post content in accordance with the following rules.
- You are responsible for all content you submit to EnergyBill.com.
- By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with EnergyBill.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Account Holder or Visitor a non-exclusive license to access your posted content through EnergyBill.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of EnergyBill.com and under this Agreement.
- You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
- You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
- You may not interfere with other Account Holder’s use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of EnergyBill.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Services infrastructure or that negatively affects the availability of the Services to others.
- Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other Account Holders or Visitors to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
- You may not copy or use personal identifying or business contact information about other Account Holders without their permission. Unsolicited e-mails, mailings, telephone calls, or other Communications to individuals or companies whose contact details you obtain through the Services are prohibited.
You are solely responsible for any information or materials you post to the website and EnergyBill assumes no responsibility or liability for submissions by you or any other Visitor. You acknowledge that EnergyBill retains the right to remove any such materials or information posted by you at any time, and you agree that EnergyBill shall have no liability to you as a result of removing such content.
Consent to Collection and Use of Data
EnergyBill and its agents may collect, maintain, process and use diagnostic, technical and related information, including but not limited to technical information about your computer, device, system and application software and peripherals, that is gathered periodically to facilitate the provision of Services and related product support, and which may include your email address(es), any hardware identifiers for your device, and your telephone number. You agree that such data may also be used to verify compliance with these Terms of Service. EnergyBill may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services to you. Where you have activated the functionality of any feature that records the location of your mobile device, this information may also be collected and sent to help EnergyBill analyze wireless or cellular performance issues (e.g. the strength or weakness of a cellular signal in a particular location). By storing data on your device, including but not limited to your bills, statements and other information stored with EnergyBill, including for archival purposes, you acknowledge and agree that information related to your account may be transmitted to all your devices registered with your account, which could impact charges to your data or telecommunications plan, and that you are responsible for any such charges.
EnergyBill may provide interest-based advertising to you, including on your mobile device, and that this may be based on data collected in compliance with the terms of this Agreement. You understand and agree that this advertising may be provided in conjunction, partnership or by agreement with third parties, and expressly consent to EnergyBill sharing with such third parties any aggregated non-identifiable data required for the provision of such advertising. Any data we share with third party advertisers will not personally identify you.
EnergyBill may provide links to certain third party websites. By using the Services, you acknowledge and agree that EnergyBill is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such content or websites. EnergyBill does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, content or websites, or for any other materials, products, or services of third parties. You understand and agree that any third party materials and links to other web sites are provided solely as a convenience to you, and are accessed and used by you entirely at your own risk.
Right to Disable, Modify or Terminate the Service
EnergyBill reserves the right to change, suspend, remove, or disable access to your Account or the Services at any time, without notice. EnergyBill may also impose limits on the use of, or access to, the Services, in whole or in part, and without notice. In no event will EnergyBill be liable for any such actions.
EnergyBill will provide notice on our website and/or will provide notice to you at the primary email address associated with your Account of any material changes to the Services. It is your responsibility to check your email and/or primary email address registered with EnergyBill, and the EnergyBill website, for any such notices. You agree that EnergyBill shall not be liable to you or any third party for any modification or cessation of the Services.
Fees and Charges
As part of the Services, EnergyBill will set up payment arrangements with each of your Utility Providers for payment of your Utility bills. Your Designated Funding Account will be debited monthly, on the day you specify when you establish your account, (or the next business day thereafter if such day falls on a holiday or weekend) for the full amount of your Utility bill plus the EnergyBill Service Fee.
It is your sole responsibility to maintain accurate information on file with EnergyBill sufficient to process the Fees and Charges, and you acknowledge and agree that EnergyBill shall not be liable to you for any damages arising from your failure to do so. You represent, warrant and covenant that you have the right to authorize EnergyBill to debit your Designated Funding Account for the Fees and Charges.
YOU ACKNOWLEDGE THAT ENERGYBILL HAS NO LIABLITY FOR NONPAYMENT, LATE PAYMENT OR INCORRECT PAYMENTS MADE TO UTILITY PROVIDERS DUE TO THE INABILITY TO ACCESS YOUR DESIGNATED FUNDING ACCOUNT, OR COMPLETE THE AUTHORIZED DEBIT TRANSACTION FOR ANY REASON, INCLUDING BUT NOT LIMITED TO INSUFFICIENT OR NON-CURRENT ACCOUNT INFORMATION ON FILE WITH ENERGYBILL, OR INSUFFCIENT FUNDS , AND ENERGYBILL SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOU OR ANY THIRD PARTY AS A RESULT OF SUSPENSION OR INTERRUPTION OF SERVICE, WHETHER FORESEEABLE OR NOT, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO INJURY OR DEATH AS THE RESULT OF INTERRUPTION OF UTILITY SERVICE TO ANY DEVICE OR SYSTEM. YOU AGREE TO INDEMNIFY AND HOLD EnergyBill HARMLESS FROM ANY LIABLITY AS A RESULT OF SUSPENSION OR INTERRUPTION OF UTILITY SERVICES DUE TO YOUR FAILIRE TO TIMELY PAY FOR THE UTITLITY SERVICES.
You acknowledge and agree that you are responsible for having sufficient funds in your Designated Funding Account to pay the applicable Charges and Service Fees. In the event EnergyBill is unable to access sufficient funds in your Designated Funding account to pay the Charges you could be subject to a Disconnection of Services.
You acknowledge and agree that you are responsible for any third party fees or charges assessed against EnergyBill as a result of insufficient funds in your Designated Funding Account, including but not limited to any overdraft fees, over-the-limit fees, or insufficient funds charges (including finance charges, late fees, or similar charges) that you incur as a result of any payments initiated by EnergyBill through your Designated Funding Account. If any payment is returned for any reason, in addition to the above charges you will pay EnergyBill a processing fee of $30 for returning the payment to your Account. You will also be liable for interest, fines, penalties and related charges, including legal fees and costs, incurred by EnergyBill in an effort to collect these amounts.
Automated Clearing House (ACH) Transactions - EnergyBill offers Automated Clearing House (ACH) payment processing at no charge. If you are a party to an Automated Clearing House (ACH) entry, you acknowledge and agree that any such entry will be governed by the National Automated Clearing House Association (NACHA) Operating Rules [https://www.nacha.org], Rules of any local ACH, and the Rules of any other system through which the entry is made. Other payments orders you make may be governed by Article 4A of the Uniform Commercial Code.
Merchant Services - All credit or debit card transactions will incur a 3.00% transaction fee to cover the additional costs associated with those transactions.
Disclaimer of Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH ENERGYBILL.COM OR PROVIDED THROUGH THE SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ENERGYBILL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF ENERGYBILL.COM OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ENERGYBILL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON ENERGYBILL.COM OR OF THE SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ENERGYBILL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION
Limitation of Liability
IN NO EVENT SHALL ENERGYBILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO ENERGYBILL.COM, YOUR USE OF THE SERVICES OR THIS AGREEMENT, EVEN IF ENERGYBILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ENERGYBILL’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100.00 (ONE HUNDRED UNITED STATES DOLLARS)
Changes to the Terms of Service.
EnergyBill may amend this Agreement from time to time. The prevailing version of the Agreement shall be accessible from the EnergyBill website (www.energybill.com). It is your responsibility to check for any amendments to this Agreement. Your use of the Services constitutes and signifies your acceptance of the prevailing version of the Agreement.
Notices from EnergyBill
Scope of Communications to Be Provided in Electronic Form. When you use EnergyBill Services, you agree that we will provide you with all Communications in electronic format. Your consent to receive electronic communications and transactions includes, but is not limited to:
- All legal and regulatory disclosures and communications associated with the product or service available through the EnergyBill Service for your Account.
- Notices or disclosures about a change in the Terms of Services or associated payment feature and responses to claims.
- Privacy policies and notices
All Communications from EnergyBill shall be sent to you electronically to the most current email address listed on your Account, except where EnergyBill may be legally required to provide other forms of notice.
EnergyBill is a paperless service provider. By becoming an Account Holder, you acknowledge and agree that all billing and correspondence will be sent solely to the email address you provided when you created your account and that you will maintain a current email address on file. You can update your email address at any time by logging into your account and updating your Account settings.
All statements and/or communication will be accessible in your EnergyBill account. Notwithstanding the above, your Utility Provider may separately send you a paper copy of your bill each month, however, EnergyBill is in no way responsible for communications you may receive directly from your Utility Provider.
Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have:
- an Internet browser that supports 128 bit encryption;
- sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
- an e-mail account with an Internet service provider and e-mail software in order to participate in our electronic Communications programs;
- a personal computer (for PC’s: Pentium 120 Hhz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above.
Consent. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. By selecting “I agree to the EnergyBill Terms of Service,” you hereby give your affirmative consent to provide electronic Communications to you as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address at which we may send electronic Communications to you.
This Agreement shall be governed by the laws of the State of Texas without regard to its conflict or choice of laws provisions. Any dispute with EnergyBill, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the Texas state court sitting in Travis County with appropriate subject matter jurisdiction, and you explicitly agree to a waiver of trial by jury.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement You agree that if EnergyBill does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which EnergyBill has the benefit of under any applicable law), this will not be taken to be a formal waiver of EnergyBill’s rights and that those rights or remedies will still be available to EnergyBill. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and Energy regarding the subject matter of the same, and supersedes all other previous agreements.