Welcome to Energy for a Cause, Inc.’s (“EFAC”) terms of service. You should read this carefully
before using this website. If you have any questions, please contact
support@energyforacause.com.
Accepting the Terms of Service
Please read these Terms of Service between you and EFAC, and our Privacy Policy, (collectively,
the "Agreement") carefully before using this website and/or the other domains, products, services,
and/or content provided by EFAC (collectively referred to as the "Services"). (Energy for a Cause,
Inc., a Florida corporation, collectively with its agents, consultants, employees, officers and
directors, is referred to herein as "EFAC," “Company,” "we," or "us.") By using or accessing the
Services, you ("Subscriber" or "you") agree to become bound by all the terms and conditions of
this Agreement. If you do not agree to all the terms and conditions of this Agreement, you should
not and are not permitted to use the Services. Use of the Services is expressly conditioned upon
your assent to all the terms and conditions of this Agreement, to the exclusion of all other terms.
Access to the Services
The Services and any other features, content, or software services offered from time to time by
Company in connection therewith are owned and operated by Company. Subject to the terms and
conditions of this Agreement, Company may offer to provide certain services that have been
selected by you, solely for your own use, and not for the use or benefit of any third party. The
term "Services" includes, without limitation, use of any Service or offering Company performs for
you. Company may change, suspend, or discontinue the Services at any time, including the
availability of any feature, database, or content. Company may also impose limits on certain
features and services or restrict your access to parts or all of the Services without notice or liability.
You shall be responsible for reviewing and becoming familiar with any such modifications. Your
use of the Services following such notification constitutes your acceptance of the terms and
conditions of this Agreement as modified. You certify that you are legally permitted to use and
access the Services and take full responsibility for the selection and use of and access to the
Services. The Services may be used only for comparing and enrolling into electric and/or gas
plans with third-party energy suppliers in the deregulated states in which we operate. You agree
to use the Services for their intended purposes. This Agreement is void where prohibited by law,
and the right to access the Services is revoked in such jurisdictions.
Disclaimer
The materials in the Services and on any EFAC website are provided “as is.” Further, EFAC does
not warrant or make any representations concerning the accuracy, likely results, or reliability of
the use of the Services or materials or otherwise relating to such materials or on any sites linked
to the Services.
Copyright and License
The content of the Services, including text, graphics, images, logos, button icons, software, and
programming code is protected under United States and foreign copyright, trademark, and any
other applicable intellectual property laws. All content is the sole and exclusive property of EFAC.
Users are restricted from any unauthorized use of the content, including reproducing, reselling,
or displaying the content of the Services for any purpose, by national and international laws. EFAC
grants you limited, non-transferable, non-assignable, non-exclusive, revocable license to view the
Services for your personal and non-commercial use. The information contained within the
Services is copyright © 2016 by Energy for a Cause, Inc. All rights reserved.
Registration, Your Password, and Account Security
To use certain features and functionalities of the Service, you must create an account with us.
You agree and understand that you are responsible for maintaining the confidentiality of
passwords associated with any account you use to access the Service. You represent that you
are capable of forming a legally binding contract according to the law applicable to you.
Accordingly, you agree that you will be solely responsible to us for all activities that occur under
your account as a condition to using all or some aspects of the Services. You shall provide the
Company with accurate, complete, and updated registration information. Failure to do so shall
constitute a breach of this Agreement, which may result in immediate termination of your account.
You may not select or use a name of another person with the intent to impersonate that person,
nor use a name subject to any rights of a person other than you without appropriate authorization.
Company reserves the right to refuse registration of or cancel your account in its discretion. Do
not share your password. If you become aware of any unauthorized use of your password or of
your account, you agree to notify us immediately at support@energyforacause.com.
Privacy Policy
For information regarding Company's treatment of personally identifiable information, please
review Company's current Privacy Policy, which is hereby incorporated by reference; your
acceptance of this Agreement constitutes your acceptance and agreement to be bound by
Company's Privacy Policy.
Changes to Agreement, Additional Rules, and Policies
We reserve the right to change, amend, and/or modify this Agreement, in whole or in part, at
any time. You hereby acknowledge and agree that such changes, amendments, and/or
modifications will become effective when posted or as otherwise provided by us. From time to
time, we may post or otherwise notify you of additional or different rules and policies relating to
the Services. These rules and policies shall thereafter be part of this Agreement. If you use the
Service after the posting or other notice of changes in this Agreement or changed rules or policies,
you are agreeing to follow and be bound by them for such use.
Termination
Company may terminate or suspend any and all services and access to the Services immediately,
without prior notice or liability, at Company’s discretion or if you breach any of the terms or
conditions of this Agreement. Upon termination of your account, your right to use the Services will
immediately cease. All provisions of this Agreement that, by their nature, should survive
termination, shall survive termination, including, without limitation, ownership provisions, warranty
disclaimers, and limitations of liability.
Miscellaneous
The failure of either party to exercise, in any respect, any right provided for herein shall not be
deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to
perform its obligations hereunder where such failure results from any cause beyond Company's
reasonable control, including, without limitation, mechanical, electronic, or communications failure
or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that
provision shall be limited or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable,
transferable, or sublicensable by you except with Company's prior written consent. Company may
transfer, assign, or delegate this Agreement and its rights and obligations without consent. Both
parties agree that this Agreement is the complete and exclusive statement of the mutual
understanding of the parties and supersedes and cancels all previous written and oral
agreements, communications, and other understandings relating to the subject matter of this
Agreement, and that all modifications must be in a writing signed by both parties, except as
otherwise provided herein. No agency, partnership, joint venture, or employment is created as a
result of this Agreement and you do not have any authority of any kind to bind Company in any
respect whatsoever. Headings for each section have been included above for your convenience,
but such headings do not have any legal meaning and may not accurately reflect the content of
the provisions they precede.
Indemnity
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees
harmless (including, without limitation, from all damages, liabilities, settlements, costs and
attorneys' fees) from any claim or demand made by any third party due to or arising out of your
access to the Services, use of the Services, your violation of this Agreement, or the infringement
by you or any third party using your account of any intellectual property or other right of any person
or entity.
Limitation of Liability
COMPANY SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE,
FOR, THE SELECTION, USE, AND SUITABILITY OF THE SOFTWARE AND THE
INFORMATION, CONTENT, AND EXPERIENCES PROVIDED VIA THE SERVICES. COMPANY
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN
CONNECTION WITH YOUR USE OF THE SERVICES, OR PURCHASE OR USE OF
PRODUCTS, MERCHANDISE, OR EXPERIENCES VIA THE SERVICES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO
INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED,
WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN
IF COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH
DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY
COMPANY, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS
ESSENTIAL PURPOSE.
Third-party Websites
The Services may contain links to third party websites or services ("Third Party Websites") that
are not owned or controlled by Company, or the Services may be accessible by logging in through
a Third Party Website, as described more fully in our Privacy Policy. When you access Third Party
Websites, you do so at your own risk. You hereby represent and warrant that you have read and
agree to be bound by all applicable policies of any Third Party Websites relating to your use of
the Services and that you will act in accordance with those policies, in addition to your obligations
under this Agreement. Company has no control over, and assumes no responsibility for, the
content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party
Websites. In addition, Company will not and cannot monitor, verify, censor, or edit the content of
any Third Party Website. By using the Services, you expressly relieve and hold harmless
Company from any and all liability arising from your use of any Third Party Website. Your
interactions with organizations and/or individuals found on or through the Services, including
payment and delivery of goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely between you and such organizations
and/or individuals. You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these third parties. You agree
the Company shall not be responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings. If there is a dispute between participants on this site, or between
users and any third party, you understand and agree that Company is under no obligation to
become involved. In the event that you have a dispute with one or more other users or affiliates,
you hereby release Company, its officers, employees, agents, and successors in rights from
claims, demands, and damages (actual and consequential) of every kind or nature, known or
unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related
to such disputes. If you are a California resident, you shall and hereby do waive California Civil
Code Section 1542, which says: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the release, which, if known
by him must have materially affected his settlement with the debtor." This Agreement may be
amended at any time without notice, and your continued use of the Services is your acceptance
of all amendments.
Copyright Infringement
Since we respect artist and content owner rights, it is Company’s policy to respond to alleged
infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If
you believe that your copyrighted work has been copied in a way that constitutes copyright
infringement and is accessible on the Services, please notify Company at
support@energyforacause.com. When filing your report, please provide the following information
below:
• An electronic or physical signature of a person authorized to act on behalf of the copyright
owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the
Software;
• Information reasonably sufficient to permit Company to contact you, such as your address,
telephone number, and, email address;
• A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and
that you are the copyright owner or are authorized to act on behalf of the owner.
Once proper, bona fide infringement notification is received, it is our policy:
• To remove or disable access to the infringing material;
• To notify the content provider, member, or user that we have removed or disabled
access to the material;
• That repeat offenders will have the infringing material removed from the system and that
we will terminate such content providers, members, or user’s access to the Services.
Governing Law
Any claim relating to the EFAC Services shall be governed by the laws of the State of Florida
without regard to its conflict of law provisions.
Contact
If you have any questions, complaints, or claims with respect to the Services, you may contact us
at support@energyforacause.com.