Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

By providing your phone number and/or email address, you agree to receive text messages, emails and phone calls from PowerSetter’s customer service and/or affiliates on our behalf, related to your account, including, but not limited to:

• Contract expiration reminders and notifications; and
• Assistance in completing your application (pending application); and
• Notification of new products and services; and
• Offers and promotional campaigns.

AUTODIALERS.

PowerSetter, and/or our affiliates, may contact you via text messages and/or telephone calls at the telephone number you provided using auto-dialers and/or pre-recorded messages.

LIMITATION OF LIABILITY.

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that carrier services and/or wireless networks are outside of PowerSetter’s control, and PowerSetter is not responsible or liable for issues arising from them.

PowerSetter does not provide electricity and/or natural gas, displaying rates and terms, provided to PowerSetter’s by energy suppliers.  As a result, PowerSetter is not directly responsible for rate availability and rate terms described above.

CONTRACT RENEWALS.

PowerSetter will send you an email notification in advance of your contract expiration, reminding you of your contract terms and renewal options, including (auto)renewing your contract with the lowest available fixed rate plan.  There is no charge for this service and you can cancel it at any time by contacting service@powersetter.com or by calling us at (800) 833-6952.  You authorize PowerSetter to act as an energy broker on your behalf and choose the lowest fixed-rate plan available at the time of renewal.

CHANGES TO TERMS AND CONDITIONS.

PowerSetter may revise, modify or amend the Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to PowerSetter’s website. Your continued agreement to receive PowerSetter’s messages will indicate your acceptance of those changes.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on PowerSetter’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to decompile or reverse engineer any software contained on PowerSetter’s web site;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by PowerSetter at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on PowerSetter’s web site are provided “as is”. PowerSetter makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, PowerSetter does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall PowerSetter or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on PowerSetter’s Internet site, even if PowerSetter or a PowerSetter authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on PowerSetter’s web site could include technical, typographical, or photographic errors. PowerSetter does not warrant that any of the materials on its web site are accurate, complete, or current. PowerSetter may make changes to the materials contained on its web site at any time without notice. PowerSetter does not, however, make any commitment to update the materials.

6. Links

PowerSetter has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PowerSetter of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

PowerSetter may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to PowerSetter’s web site shall be governed by the laws of the State of NY without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.