Charity+Power, Inc. Website Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Your use of this Charity+Power, Inc. (“C+P“) website (the “Website“) is expressly conditioned on your acceptance of the following terms and conditions (this “Agreement“). If you do not agree with any part of the Agreement, you must not use the Website. If you use the Website, you agree to be bound by the terms of this Agreement.
1. Broker. C+P is a broker of utility services, meaning we do not take title to the electric or natural gas commodity. The retail provider of the plan you selected maintains title to the commodity until delivered to you. Your utility provider is responsible for maintaining your electric and/or natural gas service, providing metering services and delivering the commodity to you. C+P makes no representations or guaranty about the services provided by the retail service provider you selected or the utility company.
2. Modifications. C+P may modify the terms of this Agreement at any time in its sole discretion, without advance notice. The most up-to- date version of this Agreement will always be available for review on the Website. Your continued use of the Website after any such amendment constitutes your agreement to be bound by the modified Agreement.
3. Ownership of Content. The original information and all other material that C+P provides on the Website (the “Content”) is wholly owned by or licensed to C+P. The Website contains copyrighted material, trademarks, and other information protected by intellectual property laws. Any unauthorized use of the Content may violate applicable intellectual property and other laws.
4. Permitted and Prohibited Uses. You are permitted to view and download the Content only for your personal and non-commercial use. Except to the extent required for the limited purpose of reviewing the Content, you are prohibited from any reproduction, adaptation, distribution or display of the Content. You may not modify the Content or use the Content on any other website or networked computer environment for any purpose. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the Content. [To the extent that any portion of the Website allows you to post or transmit any material, you are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, pornographic or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.]
5. Links and Third Parties. C+P may provide links from the Website as a convenience to our visitors. C+P has no control over the content posted at these sites and makes no representations about any content or material available at these locations. Links are not intended to imply sponsorship, affiliation or endorsement of the linked website or any content or material on such website. If you believe that C+P has provided a link to a website that contains infringing or illegal content or material, please notify us so that we may evaluate whether (in our sole discretion) to disable or remove such link.
6. Risk of Loss; Accuracy of Information. You expressly agree that your use of the Website is at your sole risk, and that you assume full responsibility and risk of loss resulting from the downloading and/or use of the Content. Although C+P strives to ensure the accuracy of the information presented on the Website, C+P cannot guarantee the accuracy, truthfulness or reliability of any information provided on or by means of the Website.
7. No Warranties. THIS WEBSITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, C+P MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, VIRUS FREE, OR ERROR FREE.
TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT WARRANTIES, REPRESENTATIONS OR GUARANTEES HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED MERELY AS NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 7 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
8. Disclaimer of Warranties. C+P HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT C+P KNOWS OR HAS BEEN ADVISED OF ANY SUCH PURPOSE), AND ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT.
9. Limitation of Liability. IN NO EVENT WILL C+P BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED C+P ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.
10. If you send C+P creative suggestions, ideas, notes, drawings, concepts or other information (collectively,
the “Contribution”), such Contribution shall be deemed, and shall remain, the exclusive property of C+P. No Contribution shall be subject to any obligation of confidence on the part of C+P, and C+P shall not be liable for any use or disclosure of the Contribution. Without limiting the foregoing, C+P shall exclusively own all now known or hereafter existing rights to any Contribution.
11. Indemnification. You agree to indemnify, defend and hold harmless C+P from and against any and all claims, suits, liabilities, and expenses (including, without limitation, attorneys’ fees) arising in any way out of claims based upon your use of the Website or related to any violation of this Agreement by you or by those using your login information.
12. Termination of Right to Use Website. If you breach any of the terms of this Agreement, C+P has the right to terminate your right to use the Website. Upon such termination, you immediately shall delete or destroy any copies (electronic or otherwise) of the Content you have obtained from the Website.
13. C+P Affiliates. Any reference to “C+P” in this Agreement includes all of C+P’s affiliates, subsidiaries, content providers, agents, successors, assigns, and other related parties.
14. Governing Law and Venue. This Agreement will be governed by the laws of the State of California, without giving effect to its conflicts of law principles. Venue for any dispute related to this Agreement shall be proper in Los Angeles County, California.
15. No Waiver. No delay or omission by C+P to exercise any right or power occurring upon any breach of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by C+P of any breach of this Agreement shall not be construed to be a waiver of any subsequent breach.
16. Severability. The determination that any provision of this Agreement is invalid or unenforceable will not affect the validity or enforceability of the remaining provisions or of that provision under other circumstances. Any invalid or unenforceable provision will be enforced to the maximum extent permitted by law.
17. Entire Agreement. This Agreement contains the entire understanding between you and C+P regarding the Website and your use of the Website, and supersedes all prior or contemporaneous understandings or agreements regarding the Website and your use of the Website. This Agreement may not be amended or modified except by making such amendments or modifications available on this Website as described above.
18. Age and Responsibility. C+P does not knowingly collect information from children. We ask parents or legal guardians to assist us by supervising the activities of children at this Website. This Website is intended for use by adults. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use (or the use of others using your login information) of the Website.