Powerful is not an affiliate, representative or agent of the energy suppliers it works with. It will receive a payment from Constellation Energy or Liberty Power in connection with its efforts to facilitate your enrollment in one of its renewable energy offerings. Any questions regarding such payment should be directed to Powerful.
If You do not agree to these terms and conditions, You are not authorized to access or use the Website and You are to cease accessing or otherwise using the Website.
Powerful is licensed as set forth in the Licenses and Disclosures section, which is incorporated into this Agreement by reference.
THE DISCLOSURES AND CONSENT REQUIRED UNDER CERTAIN STATE LAWS ARE DEEMED TO BE PROVIDED, RECEIVED AND AGREED TO BY USE OF THE WEBSITE.
In the event You provide Powerful with information on the Websites or Services, You agree to only provide us with true, accurate, current and complete information. If Powerful believes or suspects that Your information is not true, accurate, current or complete, Powerful may deny or terminate Your access to the Website or Services (or any portion thereof).
4. Your Content
To the extent permitted through any Services, You may have the ability to post, submit, email or otherwise make available on the Website or the Services certain information, text or materials (“Your Content”). You are entirely responsible for each individual item of Your Content. As between You and Powerful, You retain ownership and any intellectual property rights in any copyrighted materials that are contained in Your Content. You grant Powerful a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of Your copyright and other intellectual property rights related to Your Content, to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content. You agree that any of Your Content or any derivative works thereof may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by Powerful’s customers. You represent and warrant that Your Content will not:
- Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violate the privacy, publicity, or other rights of third parties;
- iolate any other law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising;
- Be false or inaccurate or becomes false or inaccurate at any time;
- Be or contain material that is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresent Your identity in any way;
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocate or encourage any illegal activity; or
- Have the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
5. General Rules of User Conduct
It is Powerful’s goal to make access to the Website and Services a good experience for all users. You agree not to, and represent and warrant that You will not:
- Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the Website or Services; (b) Your use of the Website or Services; or (c) Your access to the Website or Services, in each case for any purpose other than for which the Website or Services are being provided to You;
- Conduct or promote any illegal activities while using the Website or Services;
- Upload, distribute, or print anything that may be harmful to minors;
- Attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
- Attempt to gain access to secured portions of the Website or Services to which You do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Website or Services to generate unsolicited email advertisements or spam;
- Use the Website or Services to stalk, harass or harm another individual;
- Use any high volume automatic, electronic or manual process to access, search or harvest information from the Website or Services (including without limitation robots, spiders or scripts);
- Interfere in any way with the proper functioning of the Website and Services or interfere with or disrupt any servers or networks connected to the Website or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or Services;
- Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Website or the Content contained on any such web page for commercial use without Powerful’s prior express written permission;
- Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
- Mirror or frame the Website or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
6. Modifications to the Website or Services
Powerful reserves the right to modify or discontinue the Website or Services with or without notice to You. Powerful will not be liable to You or any third party should Powerful exercise its right to modify or discontinue the Website and/or Services. If You object to any such changes, Your sole recourse will be to cease access to the Website or Services. Continued access to the Website or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Website or Services as so modified. You agree that Powerful, in its sole discretion, may immediately terminate Your access to the Website and Services at any time, for any reason, in Powerful’s sole discretion. YOU AGREE THAT POWERFUL WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE OR SERVICES.
7. Third-Party Content and other Websites
8. Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY POWERFUL “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. POWERFUL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
9. Limitations of Liability
YOU ACKNOWLEDGE AND AGREE THAT POWERFUL IS ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF POWERFUL’S LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL POWERFUL OR POWERFUL’S OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. POWERFUL WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY INFORMATION APPEARING ON THIRD-PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE AND THE SERVICES. POWERFUL’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that Powerful may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will Powerful be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond Powerful’s reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, OR non-performance of third parties. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that Powerful may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
10. Copyright Violations
Powerful respects the intellectual property of others, and asks You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide us the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed;
- A description of where the material that You claim is infringing is located on the Website or Services;
- Your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Our copyright agent for notice of claims of copyright infringement on the Sites or the Services can be reached by email at [email protected].
11. Electronic Communications/Notices and Information Delivered Electronically
Powerful and any Energy Supply Company may choose to electronically deliver all information related to their Services and Your requests. Powerful and any Energy Supply Company’s electronic communications to You may transmit or convey information about action taken on Your request, portions of Your request that may be incomplete or require additional explanation, any notices required under applicable law, which may include any State disclosures, other terms, conditions and documents, and the privacy policies of Powerful and any Energy Supply Company.
You agree to receive all current and future notices, disclosures, communications and information, and to do business electronically with Powerful and select Energy Supply Companies. This means that Powerful and such Energy Supply Company may communicate with you by sending a message to the email address you provided or at another address that may be associated with you that Powerful receives from such Energy Supply Company or other parties.
You hereby release Powerful, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from Your use of the Website.
15. Errors and Delays
Powerful is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address provided by you or other technical problems beyond our reasonable control.
16. Dispute Resolution
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND POWERFUL WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using Powerful’s goods, facilities and Services, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Powerful, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in New York, New York. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
17. Other Terms
This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Website, including, but not limited to, any supplemental terms governing the use of certain specific material contained in the Website and any operating rules for the Website established by Powerful) constitutes the entire agreement between you and Powerful and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Powerful with respect to the Website and information, software, products and Services associated with it. This Agreement shall be subject to and construed in accordance with the laws of the State of New York, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
For New Constellation Customers: I acknowledge that I may rescind the agreement and authorization until midnight on the third day after receipt of (1) a written confirmation of the agreement and (2) a Terms of Service statement by contacting Constellation directly at 800-785-4373 or emailing them at [email protected]. Upon cancellation of the agreement, Constellation shall provide a cancellation number.
19. Contacting Us
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.