Terms and Conditions

UPDATED 3/21/2023

AGREEMENT

Hello, CompareToSwitch, a website that is maintained by www.comparetoswitch.net a marketplace committed to educating visitors about gas, energy & telecommunication deregulation, helping them find an energy and telecom plan that fits their needs, and providing consumers with access to informational and interactive resources relating to energy, telecom, travel service, which may include news, articles, statistics, shopping services, and personalized content and information about energy service and supplier options (collectively or individually, and together with any enhancements, new features, or additional services we may develop or offer in the future, our ”Services”). We are NOT an energy supplier or utility provider or telecom provider or airline company or hotel. In these Terms of Use, we may refer to Comparetoswitch.net using terms like “us,” “we,” “our,” “ourselves,” or similar terms.

Before you start to use the Site, you should read these Terms of Use and our Privacy Policy (collectively, this “Agreement”) carefully and in full; by accessing or using the Site or our Services, you agree that you are an Authorized User and that you have read and understood, and accept and agree to be bound by and comply with, this Agreement in all respects. This Agreement contains a binding arbitration agreement, which provides that you and we agree to resolve certain disputes through binding individual arbitration and give up any right to have those disputes decided by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See the Arbitration/Class Waiver/Opt-out section of these Terms of Use.

The content, service, and functionality offered on or through us (our “Site”) are intended for, offered to users who are 14 years of age and older who reside in the United States (“Authorized Users”). Your access or use of the Site, whether as a guest or a registered user, is governed by and subject to these Terms of Use, as well as our Privacy Policy. All information you provide or create through your access or use of the Site is governed by our Privacy Policy and may be used or disclosed by us consistent with our Privacy Policy.

 

You acknowledge that this Agreement is supported by reasonable and acknowledged, including, without limitation, your ability to visit, use and submit information to our Site and/or Services, and you represent that you have the capacity to be bound by this Agreement (or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity

Changes to Terms of Use, SITE AND SERVICES

We may revise these Terms of Use from time to time in our discretion. All changes are effective immediately when we post them.

We may suspend, modify, and or discontinue the Site, temporarily or permanently, in whole or in part, in our sole discretion without notice, and we will not be liable to you or any third party for any such any modification, suspension or discontinuance.

SITE and SERVICES CONTENT

Responsibility and Rights; Monitoring and Enforcement

All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials on or through our Site or Services by persons or parties other than us (”Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person or party from whom such Content originated. We do not control the Content posted via the Services and, as such, do not guarantee the accuracy, integrity, or quality of such Content. We are not and will not be in any way responsible to you or to any third party for any Content, including, but not limited to, any errors or omissions in any Content, or 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 or the Services. You must evaluate, and bear all risks associated with, the provision or use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. We have the right (but not the obligation, and do not affirmatively undertake) to pre-screen, refuse, or relocate any Content that is available via the Site or the Services, and/or to remove any Content that violates this Agreement, is objectionable in our sole discretion, or for any other or no reason in our sole discretion.

We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site or Services. YOU WAIVE AND HOLD HARMLESS OURSELVES AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

The technical processing and transmission of the Site and/or Services, including Content and Contributed Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Advertising

You understand and agree that the Site or Services may include advertisements and that these advertisements may be necessary for us to provide all or part of the Site or Services. You also understand and agree that the Services may include or necessitate certain transactional communications from us, and that you will not be able to opt out of receiving them.

 

Prohibition

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site or Services:

  • In a way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • Exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate, or suggest untrue association or affiliation with, us, one of our employees, another user, or any other person or entity (including, without limitation, by using email address or account information associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Site or Services, or which, as determined by us, may harm us or our users, or expose them to liability.
  • Use the Site or Services  in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use.
  • Use any device, software, or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

Site Security

The Site and Services and software embodied herein may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded in the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

WARRANTIES and DISCLAIMERS

You understand and agree that:

  • YOUR ACCESS AND/OR USE OF THE SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND SITE ARE PROVIDED ON AN ”AS IS” AND ”AS AVAILABLE” BASIS. WE (TOGETHER WITH OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND THE SERVICE, AND MAKE NO REPRESENTATION, WARRANTY OR COVENANT THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY REPRESENTATION, WARRANTY OR COVENANT NOT EXPRESSLY STATED IN THIS AGREEMENT.

INDEMNITY AGREEMENT

You agree to defend, indemnify, and hold harmless ourselves together with our affiliates, licensors, and service providers (and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your access or use of the Site or Services, including, but not limited to, Content Contributions, any use of Content or any other Site or Services content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from or through the Site or Services.

INTELLECTUAL PROPERTY

Trademarks and Trade Names.

You agree not to display or use, in marketing, telemarketing, advertising or otherwise, any of our or our affiliates’ trade names, logos, trademarks, trade devices, service marks, symbols, codes, specifications, abbreviations or registered marks, or contractions or simulations thereof (hereinafter referred to collectively as ”Marks”) or to permit the same to be used or displayed by third parties within your control, except with our prior written consent or except as required by any applicable law, order, regulation or ruling. You shall not claim ownership or any other rights in any Marks. All other names, logos, product and service names, designs, and slogans on or made available through the Site or Services are the trademarks of their respective owners.

Intellectual Property.

All information, data, documents and materials provided by us to you, or acquired or learned by you from our files, documents, employees, agents, representatives, consultants or contractors in connection with the Site or Services, is and shall remain, as between you and us, our sole and exclusive property, and you shall not obtain any rights whatsoever in any such information, data, documents or materials (whether under applicable patent, copyright, trade secret laws or otherwise).

PARTIES

Nothing in this Agreement is intended or will be construed to constitute or imply a joint venture, partnership, association or fiduciary duty, obligation or liability between you and us. We do not have any fiduciary or similar relationship with you. 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 us in any respect whatsoever. You and we agree there are no third party beneficiaries intended under this Agreement.

MISCELLANEOUS

Limitation of Liability; Time to File Claims.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR SERVICES, OR ANY WEBSITES LINKED THERETO, OR ANY CONTENT ON THE SITE OR SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. FURTHER, WE AND THEY shall not be liable TO YOU for ANY SUCH damages resulting from the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;  unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service; or any other matter relating to the SITE OR Services.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

The provisions of this Section will survive the termination of this Agreement. This Agreement shall not provide any person not a Party to this Agreement with any remedy, claim, liability reimbursement, cause of action or other right in excess of those existing without reference to this Agreement.

Compliance.

You shall, at all times during the term of this Agreement and at its own expense, comply with all applicable federal, state, and local laws, rules, and regulations.

Choice of Law/Venue.

THIS AGREEMENT IS GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF TEXAS OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN STATE OF TEXAS. THE PARTIES MUTUALLY CONSENT TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS IN MIDLAND COUNTY, TEXAS AND AGREE THAT ANY ACTION, SUIT, OR PROCEEDING CONCERNING, RELATED TO, OR ARISING OUT OF THIS AGREEMENT AND THE NEGOTIATION OF THIS AGREEMENT WILL BE BROUGHT ONLY IN A FEDERAL OR STATE COURT IN MIDLAND COUNTY, TEXAS AND THE PARTIES AGREE THAT THEY WILL NOT RAISE ANY DEFENSE OR OBJECTION OR FILE ANY MOTION BASED ON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE, INCONVENIENCE OF THE FORUM, OR THE LIKE IN ANY CASE FILED IN A FEDERAL OR STATE COURT IN MIDLAND COUNTY, TEXAS.

Arbitration/Class Waiver/Opt-Out.

Regarding any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Site or Services, or any products or services sold, offered, or purchased through our Site or Services (“Dispute”), you and we agree: (i) not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services; (ii) not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement, and (iii) to waive the right to a trial by jury for all disputes. At our sole discretion, we  may require you to submit any Disputes to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

You may opt out of this agreement to arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing, within 30 days of the date that you first became subject to this Agreement, by email delivered to: Attn: CompareToSwitch – General Counsel, support@comparetoswitch.net . You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this arbitration provision of the Agreement.

This Section and your agreements and waivers made herein will survive the termination of your relationship with us.

Severability.

If any provision of this Agreement is, for any reason, adjudged by any court of competent jurisdiction to be invalid or unenforceable, such judgment will not affect, impair or invalidate the remainder of this Agreement which shall be enforced as fully as possible, but will be confined in its operation to the provision directly involved in the controversy in which judgment will have been rendered. The provision rendered invalid or unenforceable shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the Parties as expressed herein.

Communications.

If you have questions, comments, concerns or feedback regarding this Agreement, the Site, or our Services, please contact us by email delivered to: Attn: ComparToSwitch – General Counsel, support@comparetoswitch.net.

These Terms of Use together with the Privacy Policy constitutes the sole entire agreement between you and us regarding the Site and Services and supersedes any prior or contemporaneous, oral or written, express or implied understanding between you and us regarding the same.