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Terms of Use and Service

This Terms of Use and Service Policy (“Terms Policy“) is our terms of service that governs our relationship with users and others who interact with any of the websites owned by Cypress Capital Ventures LLC (“CCV” or “we” or “us”) including but not limited to ElectricityPlans.com, together with its subdomains, content, linked pages, and services (the “Site”). By using or accessing the Site, you agree to this Terms Policy and the Privacy Policy, together referred to as (“The Policies”) described below and incorporated herein by reference. If you do not agree with them, they will apply if you access the Site, so in that case please do not use the services offered on the Site.

The Policies include important information and set forth the rules for use of the Site.

Although we may attempt to notify you when major changes are made to this Terms Policy, you should periodically review the most up-to-date version. We update these Terms of Use and Service from time to time, so please check back frequently. CCV may, in its sole discretion, modify or revise these Terms of Use and Service at any time, and you agree to be bound by such modifications or revisions whether or not you receive notice. Nothing in these Terms of Use and Service shall be deemed to confer any third-party rights or benefits.

Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect and use the information we obtain through your use of the Site. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

Description of Services

ElectricityPlans.com provides a platform for comparing, selecting, and gathering information about participating third-party electricity providers and the electricity plans that they offer in certain states that have adopted deregulated retail electricity (the “Service”). The Service allows users access to information about electricity plans and rates, electricity providers, and educational and general information about the deregulated electricity industry and the electricity providers and plans represented on the Site (the “Content”).

No Endorsement or Affiliation of Participating Electricity Providers

The Content provided by the Service is intended to give general guidelines and help users select an energy plan and provider of their choice and it does not constitute an endorsement by the Site of any electricity provider represented on the Site. The Content regarding electricity plans and rates is provided to the Site by the participating third-party electricity providers. The Site does not guarantee the accuracy of the Content. Under no circumstances, will CCV be liable for any Content including, but not limited to, any errors or omissions in any Content, or any loss or damage incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available through the Service.

The electricity providers represented on the Site are independent third parties. CCV does not guarantee that the electricity supply offers or terms and conditions made available by the represented electricity providers on the Site are the best or the lowest rates available in the market. The Site does not sell, resell or license any of the services offered by the represented electricity providers, nor is the Site acting as an agent of sale for the electricity providers represented on the Site. CCV disclaims any responsibility for, or liability related to, any service offered by participating electricity providers. Any questions, complaints or claims related to any service provided by the electricity providers represented on the Site should be directed to the appropriate electricity provider.

If you elect to establish service with an electricity provider through the Site, you do so under the specific terms offered by such electricity provider, so you must also agree to and understand those terms. Your interaction with any electricity provider accessed through the Site is at your own risk and CCV does not have any responsibility for the quality of the services you receive from any such electricity provider. CCV is not a representative of or agent for either you or any electricity provider and does not act on either’s behalf.

Linking Policies

Inbound Links: CCV grants you revocable permission to link to publicly available portions of the Site; provided, however, that any site that incorporates a link to this Site must not: (1) create a browser or border environment around any of the Content on the Site or otherwise mirror any part of the Site; (2) imply that ElectricityPlans.com is endorsing or sponsoring the site or any products or services offered by or through such site; (3) present false information about, disparage, or otherwise harm ElectricityPlans.com; (4) use any CCV trademarks without prior written permission from CCV, and (5) contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in CCV’s sole opinion).  In addition, the site must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such a link subject to these terms. By linking to the Site, you agree that you do and will continue to comply with these linking requirements. CCV may revoke your right to link at any time at CCV’s sole discretion.

Outbound Links: The Site includes outbound links to websites and social networks that are not owned or operated by CCV and are subject to different terms and conditions. If you follow the outbound links, you will be legally bound by the terms and conditions of those websites and social networks to which they lead.  Any outbound links are provided solely for your reference, and are not to be viewed as an authorization, endorsement, sponsorship, or affiliation by, of, or with such website or social network. CCV makes no representations whatsoever concerning such websites and social networks, or any products or services they may offer. You are solely responsible for determining the extent to which you may use any content at any other websites and social networks you visit via an outbound link from the Site.

Copyright

The Services and Content on the Site are intended solely for the personal, non-commercial use by users and may only be used in accordance with this Terms Policy.  All materials displayed or performed on the Site are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services on the Site.  You shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you without the express prior written consent of CCV or the original copyright holder. Unauthorized use of materials contained on the Site is expressly prohibited by law, and may result in severe civil and criminal penalties.

The Service is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Service in part or in whole.

Copyright Dispute Policy

If you are a copyright owner or an agent thereof and believe that any IP Content infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing the Cypress Capital Ventures DMCA Agent (“Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. 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 the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct copyright infringement notifications to the Copyright Agent at Cypress Capital Ventures, Attn: DMCA Copyright Agent, 16635 Spring Cypress #991, Cypress, Texas 77410, email: legal@electricityplans.com. For clarity, only DMCA notices should go to our Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Site’s customer service at contactus@electricityplans.com. You acknowledge that if you fail to comply with all of the requirements of this Section 8(A), your DMCA notice may not be valid.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES PROVIDED BY THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CCV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES PROVIDED BY THE SITE AND YOUR USE THEREOF. CCV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. CCV DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CCV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL CCV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES PROVIDED BY THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES PROVIDED BY THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES PROVIDED BY THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES PROVIDED BY THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU ACKNOWLEDGE THAT CCV SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Site is controlled and offered by CCV from its facilities in the United States of America. CCV makes no representations that the service provided by the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless CCV, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your actions, content or information on the Site, or other use of or access to the service provided by the Site; (ii) your violation of any term of this Terms Policy; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your IP Content caused damage to a third party. This defense and indemnification obligation will survive this Terms Policy and your use of the service provided by the Site.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms Policy, and to abide by and comply with this Terms Policy. In any case, you affirm that you are over the age of 13, as the service provided by the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

Assignment

This Terms Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CCV without restriction.

Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Terms Policy or CCV exclusively in the U.S. District Court for the Southern District of Texas or a state court located in Harris County, Texas and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Texas will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. CCV IS PROVIDING SITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. CCV IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. CCV WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR WEBSITE NAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR WEBSITE NAME WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CCV LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Other

  1. These Policies are an agreement between you and Cypress Capital Ventures LLC.
  2. This Terms Policy and The Policies make up the entire agreement between the parties regarding CCV, and supersede any prior agreements.
  3. If any portion of the Policies is found to be unenforceable, the remaining portion will remain in full force and effect.
  4. If we fail to enforce any of The Policies, it will not be considered a waiver.
  5. You will not transfer any of your rights or obligations under this Terms Policy to anyone else without our consent.
  6. All of our rights and obligations under this Terms Policy are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  7. Nothing in this Terms Policy shall prevent us from complying with the law.
  8. We reserve all rights not expressly granted to you.
  9. You will comply with all applicable laws when using or accessing the Site.

Contact Us

If you have any questions regarding this Terms Policy, you may contact us by U.S. Postal Mail at the following address:

Cypress Capital Ventures LLC
16635 Spring Cypress #991
Cypress, Texas 77410

 By using or accessing the Site, you agree that CCV can collect and use such content and information in accordance with the Privacy Policy incorporated herein by reference as amended from time to time.

Last revised: January 18, 2017