Acceptance of Terms
Description of Services
Callmepower provides access to the website callmepower.com, and offers the following services (individually and collectively, “Services”) free of charge:
- Information relating to electricity and gas service, including news, statistics, articles, rates and comparisons of different retail energy companies, and other related personalized content regarding residential electricity and natural gas service in the United States of America
- Access to an online bill analysis service
- Advice regarding your energy supply options based on your consumption profile
Unless explicitly stated otherwise, these Terms will apply to any new features of or modifications to the current Services. These Services are provided to you on an “as-is” basis, for your personal, non-commercial use. Callmepower reserves the right to modify or discontinue, temporarily or permanently, the Services (in their entirety, or part of the Services).
Callmepower provides information and a means through which consumers can connect with various retail energy supply companies. We provide no guarantee as to the quality of any of the energy supply companies found on the Services, nor are we affiliated with or endorse any energy providers.
All materials displayed or presented on the Services (including, but not limited to text, graphics, articles, photographs, images, and illustrations (also known as the “Content”) are owned, controlled by, or licensed to Callmepower, with the exception of brand names, logos, or images belonging to partner authors or partner companies. In all cases, all posted Content is protected by copyright, trademark, and other intellectual property rights. You may download or copy content for your personal, non-commercial use only. All reproduction, republishing, modification, transmission or distribution of Callmepower is strictly forbidden without prior written consent from Callmepower. Requests for authorization of Content use can be made to contact[email protected].
You are responsible for all information that you make available to Callmepower. However, all information that you submit or make available for public access (“Submissions”, you grant Callmepower non exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit in relation to our Services. This includes the possibility of using your Submissions for promoting and redistributing part or all of our Services through any media channels.
We reserve the right to review, pre-screen, move, or refuse any Content that is available through our Services, including User Submissions.
Code of Conduct
You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through Callmepower Services. This means that you shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
By using the Callmepower website, Content, and Services, you agree that you will not:
- Use the Callmepower website, Content, and Services to post, upload, post, email, transmit or otherwise make available any Content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, infringes on propriety rights (including copyrights, patents, trademarks, trade secrets) or any Content that is otherwise in violation of any law (including any applicable local, state, national, or international law, and any regulations having the force of law)
- Make available (by means of uploading, posting, emailing, or other means of transmission) any material that contains:
- Unauthorized or unsolicited advertising or promotional materials, including “junk mail”, “spam”, “pyramid schemes”, or “chain letters”
- Any material that contains software viruses or any other computer code, programs, or files designed to limit, interrupt, or destroy the functionality of any telecommunications equipment or computer software or hardware.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- Access Callmepower Services, website, or Content by automated means (including by robot, spider, or scraper)
All of our Services are provided on an “as is” and “as available” basis, with no warrantees of any kind, either express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. No advice or information, whether oral or written, obtained by you from our Services shall create any warranty not expressly stated in these Terms.
Use of our Services is at your own risk. We are not liable for any errors, omissions, or inaccuracies in any of our Content, website, or Services. We make no guarantee regarding the quality of your energy service nor do we guarantee that your energy service will be uninterrupted, error-free, timely, or secure.
Third Party Interaction
Our Services may contain links to or material from third party websites or services (“Third Party Services”) that do not belong to us. Neither Callmepower, nor our parent company, nor their affiliates are responsible for or control in any way the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. When you access Third Party Services, you do so at your own risk, and absolve Callmepower of any liability with regards to your use of Third Party Services.
You indemnify and hold harmless Callmepower and its parents, and affiliates (including their respective directors, officers, agents, representatives, and employees) for any costs or expenses of every kind and character, including court costs and attorneys' fees, resulting from claims, including injury to and death of persons, from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Nothing in these Terms is intended or will be construed to imply that there is a fiduciary duty, obligation, or liability between Callmepower and you. To the fullest extent allowed by applicable law, in no event shall Callmepower or its Third Party Services or their respective directors, officers, employees, agents, or representatives be liable with respect to the Services, the website, the Content, or the subject matter of these Terms under any contract, negligence, tort, strict liability or other legal or equitable theory. Callmepower is not liable to you for any damages resulting from:
- The use or inability to use our Services
- Unauthorized access to or alteration of your transmissions or data
- Statements or conduct of any Third Party Services on our Services
- Any other matter relating to our Services
These Terms remain in effect while you use our Services. You may terminate your use of our Services at any time with no penalty. We reserve the right to limit, suspend, or terminate your use of our Services at our discretion. All provisions of these Terms which by their nature should survive termination shall do so. This includes, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
You and we agree that there are no third party beneficiaries intended under these Terms. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may or may not accurately reflect the content of the provisions they precede.
We are not liable for any failure to perform our obligations where such failure results from any cause beyond our reasonable control. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.