Terms of Use

Acceptance of Terms Through Use
By using ENERGYPLANS.COM’s Website, www.ENERGYPLANS.com (the “Site”), you agree to be bound by all terms and conditions and notices contained or referenced herein (the “Terms of Use”). We may change the Terms of Use at any time by posting revisions to the Site. Your continued use of the Site indicates your agreement to the revised terms. We urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, exit the Site immediately.

Permitted Use
You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not copy, modify ,download, publish or otherwise distribute the material contained on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and software on this Site is the property of ENERGYPLANS.COM and is protected by U.S. and international copyright laws.

Limited License
You are granted a limited, revocable, non-exclusive and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. ENERGYPLANS.COM may suspend, change, or discontinue any aspect of the Site at any time. ENERGYPLANS.COM may also, without notice or liability, impose limits on certain features or  services and restrict your access to any or all portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, you are provided in order to access the Site.  Except as provided in these Terms of Use, you shall have no right to use, own, loan, sell, rent, lease, license, sublicense, copy,  assign, translate, modify, improve,  adapt, or create any new or derived works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in part or in whole.

Violation of the Terms of Use
You understand and agree that at ENERGYPLANS.COM’s sole discretion, with or without prior notice, ENERGYPLANS.COM may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if ENERGYPLANS.COM believes that the user information you provide is a violation or is inconsistent with these Terms of Use, or violates the rights of ENERGYPLANS.COM, or any 3rd party, or violates the law in any way. You agree that monetary damages may not provide a sufficient remedy to ENERGYPLANS.COM for any violation of these Terms of Use and further you consent to injunctive or other equitable relief for such violations. ENERGYPLANS.COM may release user information about you if required by law or subpoena.

Representations By You
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site will not violate, plagiarize, or otherwise infringe upon the rights of any 3rd party including trade secret, trademark, copyright, trade dress, privacy, patent, or other personal or proprietary rights.

License Granted by You
By providing content or data to us, including by the submission or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide right in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed.  You agree that you shall waive any and all claims and have no recourse against us for any actual or alleged infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us shall be treated as non-proprietary and non-confidential and may be disseminated or used by us for any purpose, including, but not limited to, creating, developing,  or marketing products or services.

Advertising
The Site may contain advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.

Copyright Policy
We may terminate the privileges of any user who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. By submitting information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of 3rd parties.

No Commercial Use
This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain ENERGYPLANS.COM’s prior written consent to make any commercial offers of any kind on the Site, by any form of communication.  ENERGYPLANS.COM will investigate and will take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from using the Site.

Links and Search Results
The Site contains links to sites operated by third parties throughout the World Wide Web. ENERGYPLANS.COM has no control over these sites or the content within them. ENERGYPLANS.COM does not guarantee, represent or warrant that the content contained on any third party sites is accurate, legal and/or inoffensive. ENERGYPLANS.COM does not endorse the content of any 3rd party site, nor does it make any representations about these sites, including that they will not contain viruses or otherwise impact your computer.  By using the Site to search for or link to another site, you agree and understand that you may not make any claim against ENERGYPLANS.COM for any damages or losses, resulting from your use of the Site to obtain search results or to link to another site.

Intellectual Property
You acknowledge that all materials and content available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by ENERGYPLANS.COM or our licensors.  Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices.  You may only use the Site or its contents as expressly permitted in these Terms of Use and for no other purpose.  ENERGYPLANS.COM, our licensors or associates retain exclusive ownership of all material, data, and other information regarding your use of the Site.  You agree not to sell, modify, distribute, license, rent, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from the content or materials on the Site.  Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited.  All names, logos, and marks on the Site are trademarks or service marks or used under license by ENERGYPLANS.COM.  The use or misuse of these materials is strictly prohibited.

Blogs and Community Areas
Readers and Site users are solely responsible for the content of the text, photographs, music or other content they post, upload or submit to our blogs and community areas.  All such content is subject to the site’s terms and conditions of use and do not necessarily reflect the opinion or approval of ENERGYPLANS.COM.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “WEBSITE CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER ENERGYPLANS.COM, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ENERGYPLANS.COM, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

DISCLAIMER ON EXCLUSIVE PLANS
The plans mentioned on ENERGYPLANS.COM may not be all the plans provided by the Electric provider. The electric provider may have other plans that may not be listed here.

Indemnification
You agree to defend, indemnify, and hold ENERGYPLANS.COM and its employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

International Use
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. ENERGYPLANS.COM makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

Choice of Law
This Agreement shall, for all purposes both domestic and international, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Texas, U.S.A., without regard to conflicts of law provisions.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Integration and Severability
This Terms of Use constitutes the entire agreement between ENERGYPLANS.COM and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

Headings
Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use.