COMPAREPOWER TERMS OF SERVICE
Last Updated: August 27th, 2020
This Terms of Service (“TOS” or “Terms”) is a legal agreement between you and Compare Power, LLC (“ComparePower”, “we”, or “us”), and governs how you may use our website devtundra.com (“Website”) and the ComparePower Service defined in Section 1. When you utilize our Service, you are confirming your understanding of and agreement with these Terms and the license granted herein. By visiting or using the Service in any way, you agree to accept notices of any kind from ComparePower in electronic form. Notices from ComparePower intended for your receipt shall be deemed delivered and effective when sent by email to any email address you provide to us. Any rights not expressly granted herein are reserved by ComparePower.
THESE TERMS MAY CHANGE FROM TIME TO TIME, AND WE MAY PROVIDE NOTICE OF THE CHANGE EITHER BY EMAIL TO YOU OR SIMPLY BY UPDATING THESE TERMS ONLINE. BY CONTINUING TO USE THE SITE OR THE SERVICE AFTER ANY MODIFICATION OF THESE TERMS, YOU ACKNOWLEDGE THE CHANGE AND AGREE TO THE UPDATED VERSION.
1. Service Description
ComparePower is a comparison platform (the “Service”) that enables users to compare and contrast the services and products offered by various third-party service providers (“Provider” or “Providers”), and, in some cases, to submit an order with a selected Provider. In addition, the Service offers information and tools to assist users in their comparison of Providers. Any questions, complaints, or claims related to any Provider’s service should be directed to the Provider directly.
All information is intended only for general educational purposes. Please see Section 5 of these Terms for additional disclaimers and for more information on how we present Provider services and how we are compensated.
Should you choose to enroll with a Provider about which you learn from the Website, your contractual relationship for services from that Provider will be with that Provider and not with ComparePower. Your interaction with any Provider accessed through the Website is at your own risk and ComparePower does not have any responsibility for the quality of the services you receive from any such Provider.
2. Establishing a User Account
If you sign up for a user account on the Website, you must select a username and password and provide accurate, complete, and updated contact information, identification details, and any other form of authentication that ComparePower may request in its sole discretion. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may terminate your account at any time by contacting us here. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel accounts for any reason, in our sole discretion. These Terms will remain in effect after your account is terminated.
ComparePower hereby grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Website under the terms set forth below. The Website and the content, including, but not limited to, text, data, reports, opinions, software (including HTML-based computer programs), images, photos, graphics, graphs, charts, animations and video (collectively the “Content”) displayed on the Website may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of ComparePower.
The trademarks, service marks, and logos (collectively, “Trademarks”) used and displayed on this Website are registered or unregistered marks of ComparePower and others. ComparePower’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without our prior, written permission. To request permission to use the Marks or Content on the Website, or any other ComparePower material, please contact us at the postal mailing address shown at the end of this TOS.
4. Termination of License
ComparePower reserves the right to terminate the License granted herein and deny you access to the Service or any portion of it in its sole discretion, without any advance notice or liability to you, for any reason. ComparePower also reserves the right to investigate suspected violations of these Terms or refer to law enforcement authorities any behavior that we believe may violate these Terms or applicable law. If your License is terminated for any reason, we reserve the rights in our sole discretion to: (i) remove your profile from the Website; and (ii) remove and discard any of your submitted Content. The termination of your License and account will not affect any additional right or relief to which ComparePower may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to ComparePower.
5. How We Present Plans and How We Are Compensated
The Website and Service do not charge visitors a fee. Some Providers shown on the Website have agreements with ComparePower pursuant to which ComparePower receives a fee from those Providers when consumers enroll in the Provider’s service after using ComparePower. This compensation is one of many factors that can cause those Providers to appear in our Featured, Sponsored or Recommended portions of the Website and/or affect the visibility, placement or order of Providers’ appearance in search results and comparison features on the Website. Other such factors include the plans’ prices, what we believe to be the quality of the Providers’ content, the variety of Providers’ plan offerings, Providers’ reviews and ratings, Providers’ deposit or credit policies, Providers’ fees, and other factors that we believe are useful. Some Providers’ also pay us to place advertisements on the Website.
6. General Prohibitions
You may not do any of the following:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Website or Service;
(b) Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Website or Service;
(c) Interfere with or disrupt the Website, or servers and networks connected to the Website, or circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service;
(d) Impersonate any other person or entity, or allow any third-party to use the Service under your account, share your password or other account information with anyone other than those you expressly authorize, or use the account of anyone other than your own;
(e) Modify the Website or Service in any manner or form, or use modified versions thereof;
(f) Sell, assign, sublicense, or otherwise transfer any right in the Service or content accessible through the Website;
(g) Use any robot, spider, scraper, or other automated means to access the Service for any purpose;
(h) Take any action that imposes or may impose an unreasonable or disproportionately large load on the ComparePower infrastructure; or
(i) Knowingly disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies, or otherwise utilize the Service in any manner that violates any statute, rule, or regulation.
7. Linking Policies
(a) Inbound Links: ComparePower grants you the revocable permission to link to publicly available portions of the Website; provided, however, that any site which incorporates a link to this Website must not: (i) create a browser or border environment around any of the content on the Website or otherwise mirror any part of the Website; (ii) imply that ComparePower is endorsing or sponsoring the site or any products or services offered by or through such site; (ii) present false information about, disparage, or otherwise harm ComparePower or any other company, organization, service or product described on the ComparePower Website or Service; (iv) use any trademark of ComparePower or of any other organization without the prior written permission from the trademark’s owner; or (v) contain content that ComparePower in its sole opinion deems offensive or otherwise objectionable. 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 link subject to these Terms. By linking to the Website, you agree always to comply with these Terms, to be liable to us for any damages (statutory or otherwise) relating to your violation of these Terms, and to indemnify us as provided in section 10.
(b) Outbound Links: This site may include outbound links to websites that are not owned or operated by ComparePower, and are subject to different terms and conditions. If you follow outbound links, you will be legally bound by the terms and conditions of those other websites. Any outbound links are provided solely for your reference, and do not endorse or indicate an affiliation with any other organization. ComparePower makes no representations whatsoever concerning those other organizations, or any products or services they may offer.
8. No Warranty
THE CONTENT AND THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. COMPAREPOWER MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF THE SITE, THE SITE’S CONTENT, OR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE. COMPAREPOWER HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
OUR ESTIMATES OF AND COMPARISONS OF PROVIDER SERVICES ARE BASED ON INFORMATION SUPPLIED TO US BY PROVIDERS. THEREFORE WE CANNOT AND DO NOT GUARANTEE THAT OUR ESTIMATES OR COMPARISONS ARE ACCURATE OR THAT THE SERVICES OFFERED BY PROVIDERS ON OUR SERVICE ARE THE ONLY SERVICES AVAILABLE TO YOU OR ARE THE BEST OR LOWEST-PRICED SERVICES AVAILABLE TO YOU. THE PROVIDERS APPEARING ON OUR SERVICE ARE INDEPENDENT THIRD PARTIES EXCEPT TO THE EXTENT EXPRESSLY DESCRIBED IN THESE TERMS. YOUR ACTUAL COST FOR SERVICES WITH ANY PROVIDER WILL BE DETERMINED BY YOUR INDIVIDUAL AGREEMENT WITH A PROVIDER IN ACCORDANCE WITH THEIR TERMS OF SERVICE AND ANY OTHER APPLICABLE AGREEMENT BETWEEN YOU AND THEM, AND OTHER FACTORS OUTSIDE OUR CONTROL.
THE DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED UNDER LOCAL LAW.
9. LIMITATION OF LIABILITY & RELEASE.
In no event shall ComparePower be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from your use of the Website or the ComparePower Service, including without limitation to losses incurred due to: (a) any inaccurate information published on the site or any site accessible via an outbound link; (b) software glitches, server failures, power outages, or any other issue beyond ComparePower’s control; (c) any delays in or failure of the Service to operate as described; (d) any unauthorized disclosure of account information that may occur through the actions of any third-party, such as hackers; (e) any damage to your website code or content resulting from your use of our API; (f) damages or losses of any kind resulting from actions you take in reliance upon any results or other information provided by the Service; and (g) any other damages or losses you may incur in connection with your use of the ComparePower site or service. IN NO EVENT WILL COMPAREPOWER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION RELATING TO THE SITE AND/OR THE SERVICE EXCEED TEN UNITED STATES DOLLARS ($10.00) OR THE MINIMUM LIABILITY ALLOWED BY RELEVANT LAW, WHICHEVER IS GREATER.
ComparePower is not responsible for examining or evaluating the business practices, actions, omissions, or services of any Provider. If you elect to utilize the Service to facilitate an order with a Provider, you explicitly agree that you have carefully reviewed any applicable terms and conditions of that Provider’s service and explicitly agree that the Provider’s terms and conditions prevail over any conflicting information provided by the Service. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A PROVIDER LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE COMPAREPOWER AND ITS SUBSIDIARIES AND AFFILIATES, AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LEGAL REPRESENTATIVES, AND SERVICE OR CONTENT PROVIDERS OF EACH OF THEM, FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Website, you explicitly waive the rights granted to you under California Civil Code 1542, which states: “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.” If you are a New Jersey resident, certain sections of this TOS, including Sections 5, 6, and 7 may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act. Additional states may not allow this exclusion or limitation of liability, so the above limitation or exclusion may not apply to you.
BY USING THE WEBSITE OR SERVICE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPAREPOWER AND ITS SUBSIDIARIES AND AFFILIATES, AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LEGAL REPRESENTATIVES, AND SERVICE OR CONTENT PROVIDERS OF EACH OF THEM, FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM YOUR USE OF THE SITE AND ANY VIOLATION OF THESE TERMS. IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE SITE TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION.
ComparePower ® is a registered trademark of Compare Power, LLC, and all information and content on the Website and Service, including logos, graphics, code, script, sound, images and text (“Website Materials”) and any intellectual property rights embodied therein are the property of ComparePower or of a third-party copyright holder used under license or agreement. Any and all unlicensed reference or use of copyright-protected works of third-parties is done so solely for the purposes of comment, criticism, and or teaching as permitted under the fair use provisions of section 107 of the Copyright Law of the United States. Unless otherwise stated herein, none of the Website Materials may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of ComparePower or the original copyright holder. You may display and print Website Materials solely for your personal, non-commercial use, provided that you do not modify the Website Materials and that you retain all copyright and other proprietary notices contained in them.
ComparePower and Providers or other third-party services may provide software for download or for use on the Website. Use of software provided on the Website or by the Service is protected by copyright law and governed by the terms of the end-user license agreement that accompanies such software. You may not install or use any software that contains an end-user license agreement unless you first agree to the terms of the end-user license agreement.
ComparePower encourages you to report any content on the Website that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Website infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services can be contacted by sending a letter to the postal mailing address shown at the end of this TOS.
We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.
12. Texas Broker Disclosure
Compare Power, LLC is a registered electricity broker with the Public Utility Commission of Texas (PUCT), commission number BR190020. Compare Power, LLC provides electricity information and pricing comparison tools for consumers on the devtundra.com Website. Compare Power, LLC is not affiliated with every Retail Electric Provider (REP) for which we provide information on the Website, and the fact that a particular REP’s information may appear on our comparison Website is not intended to suggest any affiliation, representation, or endorsement. Registered names and PUCT registration numbers of all REPs currently affiliated with Compare Power, LLC are: 4CHANGE ENERGY (PUCT 10041), AMBIT ENERGY (PUCT 10177), AMIGO ENERGY (PUCT 10081), CIRRO ENERGY (PUCT 10177), CONSTELLATION (PUCT 10014), DIRECT ENERGY (PUCT 10040), DISCOUNT POWER (PUCT 10177), FIRST CHOICE POWER (PUCT 10008), FRONTIER UTILITIES (PUCT 10169), GEXA ENERGY (PUCT 10027), GREEN MOUNTAIN ENERGY COMPANY (10009), JUST ENERGY (PUCT 10052), PAYLESS POWER (PUCT 10110), PENNYWISE POWER (PUCT 10177), PULSE POWER LLC (PUCT 10259), RELIANT (PUC 10007), SPARK ENERGY LLC (PUCT 10046), STARTEX POWER (PUCT 10014), TARA ENERGY (PUCT 10051), TRIEAGLE ENERGY SERVICES (PUCT 10064), TXU ENERGY (PUCT 10004). Additional brokerage services are offered on the Website by and through L5E LLC (PUCT BR190044) and BROKER ONLINE EXCHANGE LLC (PUCT 190115). Information about how we are compensated is contained in section 5 of these Terms of Service. Any inquiries or complaints about the Service or the Website can be directed to Compare Power, LLC by email ([email protected]) or you may reach the Public Utility Commission of Texas by phone: 1-888-782-8477 | Austin: 512-936-7120 | TTY: 1-800-735-2988 | or by email: [email protected] For more information visit: https://www.puc.texas.gov.
13. Choice of Law; Forum
This document shall be governed in all respects by the laws of the United States and the State of Texas. Except for any residential or small commercial customer complaint that may be filed with the Public Utilities Commission of Texas in accordance with its applicable regulations, any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Dallas, Texas. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Dallas County, Texas for the purpose of litigating all such claims or disputes.
Should you file a claim other than as specified here, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
14. Arbitration Agreement and Class Action Waiver
Except for any residential or small commercial customer complaint that may be filed with the Public Utilities Commission of Texas in accordance with its applicable regulations, you agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service, regardless of when those disputes or claims arise. Therefore, you agree that, by using the Service, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by ComparePower applying Texas law. The arbitration may be conducted telephonically, with the costs to be split evenly between the parties.
15. Limitation of Actions
Except as may otherwise be provided in the applicable regulations of the Public Utilities Commission of Texas, any claim or cause of action arising out of your use of the Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by ComparePower to enforce or exercise any provision of this TOS or any related right shall not constitute a waiver of that right or provision.
16. Entire Agreement
These Terms and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Website and the Service, superseding any prior agreements between us.
If any provision of these Terms is found by a court or other binding authority to be invalid, the remaining provisions shall continue in full force and effect.
18. How to Contact Us:
If you have any questions or concerns regarding this TOS you may contact us by United States Postal Mail at the address below.
Postal Mailing Address:
COMPARE POWER, LLC.
539 W. Commerce Street Suite 1480
Dallas, Texas 75208