We recommend you print out a copy of the TOU for your future reference.
A Description of Our Services
ClearlyEnergy is an online energy comparison shopping platform and through Our Website we provide you access to information and interactive resources relating to appliances, and electricity and natural gas service, including, but not limited to, news, statistics, rates, comparison of different energy companies based on price, energy provider, energy type and other factors, and comparison of different appliance products based on price, customer ratings, features, energy and water usage and other factors (collectively “Our Services”).
Using Our Website
You agree that your use of Our Website is intended for your personal, non-commercial use. You may only register to become a member of Our Website if you are of sufficient legal age and can enter into binding contracts. If you choose to join us and become a member, you are responsible for maintaining the secrecy of your passwords, login and account information (your "Personal Stuff"). All Personal Stuff that you provide to us must be accurate and up-to-date. If any of your Personal Stuff changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorized disclosure or use of your Personal Stuff or computer or mobile device used to access Our Website), you must promptly change your Personal Stuff that is affected and notify us via the Contact Us page. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, before transfer of such device, to remove your information or otherwise disable access to such software or service, in order to prevent unauthorized access to your information or account.
In addition, you agree not to do any of the following without prior express written permission of ClearlyEnergy:
(i) access Our Website with any manual or automated process for any purpose other than your personal use or for inclusion of ClearlyEnergy pages in a search index;
(ii) violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
(iii) deep-link to any portion of Our Website for any purpose;
(iv) use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
(v) reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;
(vi) use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
(vii) post or distribute any material on Our Website that violates the rights of any third party;
(viii) use our Website to collect or store personal data about others;
(ix) use Our Website for any commercial purpose ; or
(x) transmit any ad or promotional materials on Our Website.
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of Our Website.
We Work Hard So Please Do Not Copy
We work hard to provide you the best information through Our Website. Our Website and Our Services (including, but not limited to our own and third party text, graphics, articles, photographs, images, illustrations (also known as the “Content,” and which includes User Submissions (as defined below))) are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and various portions of the Content are also protected by trademark and other intellectual property laws. You may not store, 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 Our Services in whole or in part.
You may download or copy the Content (and other items displayed on Our Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content.
What Happens to the Information and Ideas You Share with Us
ClearlyEnergy reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. ClearlyEnergy may, but is not obligated to, pre-screen User Submissions or monitor any area of Our Services through which User Submissions may be submitted. ClearlyEnergy is not required to host, display, or distribute any User Submissions on or through our Services and may remove at any time or refuse any User Submissions for any reason. ClearlyEnergy is not responsible for any loss, theft, or damage of any kind to any User Submissions.
You understand that all information publicly posted or privately transmitted through our Services is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using Our Services. Additionally, we cannot guarantee the authenticity of any data, which users or energy providers may provide about themselves. You acknowledge that all Content accessed by you using Our Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
OUR WEBSITE, ALL CONTENT AND SERVICES PROVIDED ON OUR WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLEARLYENERGY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. CLEARLYENERGY MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
We (together with our officers, directors, employees, representatives, affiliates, and providers) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, or our Content; (ii) any failure or delay; or (iii) the performance or-non performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
Subject to these terms and conditions, you will defend, indemnify and hold us and each of our officers, directors, employees and agents, harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your use of or access to Our Website.
Interaction with Third Parties
Our Services may contain links to third party websites or services (“Third Party Services”) that are not owned or controlled by us. ClearlyEnergy's display on or through the website of product options offered by Third Parties does not in any way imply, suggest, or constitute any sponsorship or approval of ClearlyEnergy or any affiliation between any Third Party and ClearlyEnergy. You agree that ClearlyEnergy is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these Third Parties. Your interaction with any Third Party accessed through Our Website is at your own risk, and ClearlyEnergy will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such Third Parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with the Third Parties.
Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. We may modify these Terms, at any time, by posting notice on Our Website. Your continued use of Our Website following the posting of notice of any modification will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those agreements made a part of these Terms by reference, make up the entire agreement between us relating to your use of Our Website and replace any prior understandings or agreements (whether oral or written) regarding your use of Our Website. The laws of the State of California (USA), without regard to its conflict of laws rules, will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website you agree to file such action only in the state and federal courts located in San Diego, California (USA). In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. You agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action. You acknowledge that you have read and understood these Terms, and that these Terms have the same force and effect as a signed agreement.
We encourage you to share your comments and questions with us at info (at) clearlyenergy.com, but note that we may not be able to respond to all of them. We assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future ClearlyEnergy programs.