Terms of Service


HANDOFF BUSINESS VENTURES d/b/a Powerful provides the website, located at www.wearepowerful.co (the “Website“), as well as a number of related services (collectively, the “Services”), to our users. The following terms and conditions (the “Terms of Use”) form a binding agreement between You and us, and govern Your use of the Website and the Services. Powerful partners with energy supply companies and certain companies that energy supply companies work with (each, a “Energy Supply Company”) to promote green energy to Powerful’s customers. Powerful provides our users (collectively, “You” or “Your”), with the Website and Services, which include resources and information about green energy and other aspects of sustainability. Please note, however, that the Services governed by these Terms of Use do not include Energy Supply Company Services (defined below), which are governed by separate terms.

In addition to the Services Powerful provides directly to You, if requested by You, Powerful may also collect, use and disseminate data and information from You on behalf of Energy Supply Companies, selected by You, who provide certain services to their end users (“Energy Supply Company Services”). These companies have entered into separate written agreements with Powerful governing these services provided by Powerful. These Terms of Use do not apply to those Energy Supply Company Services. In each case, it is the Energy Supply Company providing the Energy Supply Company Services, not Powerful. In those cases, the Energy Supply Company’s terms of use, not these Terms of Use, that will apply with respect to such Energy Supply Company Services.

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.


Powerful operates the Website and shall have the right at any time to change or discontinue any aspect or feature of the Website and the right to modify the terms and conditions applicable to users of the Website, including these Terms of Use, or any part hereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Website. Any use by You of the Website or the goods, facilities or services offered in or through the Website shall be deemed to constitute acceptance of such changes. By accessing the Website, You agree to be bound by these Terms of Use. The Website is intended for individuals who are at least 18 years of age and reside in the United States. If you are under 18 years of age or reside outside of the United States, you should not be visiting this Website or utilizing Powerful’s Services.


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).

3. Ownership

You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Website or Services (the “Powerful Technology”) are: (i) copyrighted by Powerful under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by Powerful. The Powerful Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Powerful’s prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Powerful Technology. Nothing in these Terms of Use grants You any right to receive delivery of a copy of the Powerful Technology or to obtain access to the Powerful Technology except as generally and ordinarily permitted through the Website according to these Terms of Use. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to the Powerful Technology. Certain of the names, logos, and other materials displayed on the Sites or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of Powerful or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Powerful or those other entities. Any use of third-party software provided in connection with the Website or Services will be governed by such third parties’ licenses and not by these Terms of Use.

Certain materials, information and content made available or displayed on the Website or sent to You through the Services, and any derivative works thereof, whether made by Powerful or You but in all cases excluding Your Content (collectively, “Content”) are proprietary to Powerful and should be considered our confidential information. Subject to these Terms of Use, Powerful hereby grants You a limited, non-exclusive, non-transferable license to view, use, download and print the Content solely for Your personal, informational, non-commercial and internal review and solely in accordance with these Terms of Use. You may not: (i) use the Content or any part thereof to develop products or technologies similar to the products of Powerful; (ii) reproduce, republish, modify or alter the Content; (iii) distribute or sell, rent, lease, license or otherwise make the Content available to others; or (iv) otherwise remove any text, copyright or other proprietary notices contained in the Content. As between You and Powerful, Powerful retains all right, title and interest in and to the Content, and all related intellectual property rights. Powerful reserves all rights not granted in these Terms of Use.

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:

  1. Infringe the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
  2. Violate the privacy, publicity, or other rights of third parties;
  3. iolate any other law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising;
  4. Be false or inaccurate or becomes false or inaccurate at any time;
  5. 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;
  6. Disclose or provide information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
  7. Misrepresent Your identity in any way;
  8. 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;
  9. Advocate or encourage any illegal activity; or
  10. 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.

Though Powerful strives to enforce these rules with all of our users, You may be exposed through the Website or Services to Content that violates Powerful’s policies or is otherwise offensive. You access the Website and Services at Your own risk. Powerful may, but are not obligated to, remove Content from the Website for any reason, including if Powerful determines or suspect that such Content violates these Terms of Use. Powerful is merely acting as a passive conduit for such distribution and Powerful takes no responsibility for Your exposure to Content on the Website or through the Services whether it violates Powerful’s content policies or not.

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:

  1. 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;
  2. Conduct or promote any illegal activities while using the Website or Services;
  3. Upload, distribute, or print anything that may be harmful to minors;
  4. 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;
  5. Attempt to gain access to secured portions of the Website or Services to which You do not possess access rights;
  6. Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  7. Use the Website or Services to generate unsolicited email advertisements or spam;
  8. Use the Website or Services to stalk, harass or harm another individual;
  9. 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);
  10. 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;
  11. 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;
  12. Impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
  13. 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

Content from other users, suppliers, advertisers, and other third parties may be made available to You through the Website and/or Services. Because Powerful does not control such content, You agree that Powerful is not responsible for any such content. Powerful does not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and Powerful assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other users, advertisers, and other third parties or violation of any third-party rights related to such content. The Website and Services may contain links to websites not operated by Powerful. Powerful is not responsible for the content, products, materials, or practices (including privacy practices) of such websites. You understand that by using the Website and/or Services You may be exposed to third-party websites that You find offensive, indecent or otherwise objectionable. Powerful makes no warranty, representation, endorsement, or guarantee regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites, products or services accessible by hyperlink or otherwise from the Website or Services. Powerful provides these links for Your convenience only and Powerful does not control such websites. Powerful’s inclusion of links to such websites does not imply any endorsement of the materials on such third-party websites or any association with their operators. The Website and Services may contain links to websites that are operated by Powerful but which operate under different terms of use. It is Your responsibility to review the privacy policies and terms of use of any other website You visit. YOU AGREE THAT IN NO EVENT WILL POWERFUL BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.

8. Disclaimer of Warranties


Powerful makes no warranty that the Website or Services will meet Your requirements, or that the Website and/or Services will be uninterrupted, timely, secure, or error free; nor does Powerful make any warranty as to the results that may be obtained from the use of the Websites or Services, or that defects in the Websites or Services will be corrected. You understand and agree that You will be solely responsible for any damage to Your computer or loss of data that results from the download of any material and/or Content. No advice or information, whether oral or written, obtained by You from Powerful through the Website, Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

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.

12. Privacy

Powerful knows that Your privacy is important. For this reason, Powerful has created a privacy policy (the “Privacy Statement”) that describes Powerful’s collection, use and disclosure practices regarding any personal information that You provide to Powerful. The security of Your personal information is important to Powerful. While there is no such thing as “perfect security” on the Internet, Powerful will take reasonable steps to help ensure the safety of Your personal information. However, You understand and agree that such steps do not guarantee that the Website and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. Powerful reserves the right to cooperate with local and state authorities in investigations of improper or unlawful activities and this may require the disclosure of Your personal information. Powerful may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.

As Powerful details in the Privacy Statement, Powerful may also collect information with or on behalf of an Energy Supply Company, in which case You acknowledge and agree that such information will be considered to be collected by both Powerful and such Energy Supply Company. While the Privacy Statement governs Powerful’s use and disclosure of that information, You should be aware that such Energy Supply Company may have different practices, and all such information may be used and disclosed by such Energy Supply Company in accordance with their own privacy policy. Powerful encourages you to review such Energy Supply Company’s privacy practices.

13. Indemnity

As a condition of use of the Website and/or Powerful’s services, you agree to indemnify, defend and hold harmless Powerful, Powerful’s parents, subsidiaries, affiliates, officers, directors and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) Your use of the Website or Services, including any Your Content (except to the extent prohibited by law); (ii) Your violation of these Terms of Use; (iii) Your violation of any rights of any other person or entity; or (iv) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by You into the Website or Services.

14. Release

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 claim or controversy arising out of or relating to the use of the Website, to the goods or Services provided by Powerful, or to any acts or omissions for which You may contend Powerful is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”) dated September 15, 2005. The arbitration shall be venued in New York, New York. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties shall agree on an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms of Use, the parties shall jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefor.

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.

18. Survival

Sections 2 through 5 and 8 through 19, as well as any other limitations on liability explicitly set forth herein and our proprietary rights in and to the Website, Content provided by Powerful, the Powerful Technology and the Services, will survive the expiration or termination of these Terms of Use for any reason.

19. Contacting Us

If You have any questions or concerns about the Website, Powerful’s relationship with any Energy Supply Company, or anything else, please send an email to [email protected]. Powerful may give notice to You by email, a posting on the Website, or other reasonable means. You must give notice to Powerful in writing via email to [email protected] or as otherwise expressly provided. Please report any violations of these Terms of Use to [email protected].