ACCEPTANCE OF=
TERMS
Welcome to PublicUtilityBrokers.com (“PUB”= ). By using the services offered on this and other related websites where this agreement appears you, the Customer (“CUSTOMER”) are agreeing to the following Terms of Service (“TOS”), including those availab= le by hyperlink, with Public Utilities Broker of Texas, Inc. (“PUB”= ;) and the general principles for the websites of our subsidiaries. PUB is not= a Retail Electric Provider (“REP”) as defined by PURA and therefo= re is not an electricity provider for CUSTOMERS. PUB is however a registered aggregator with the State of Texas operating under independent sales agent/aggregator agreements with multiple REP’s operating in the Stat= e of Texas. By using this website, you agree that you have read, understood, and agree to these Terms of Service and Privacy Policy (collectively, the ''Terms''). If CUSTOMER does not agree to these Terms, then CUSTOMER should= not use the website.
PRIVACY
We do not sell or rent your personal information to th= ird parties for their marketing purposes without your explicit consent. We use = your information only as described in the PUB Privacy Policy. We view protection= of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protect= ed by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the PUB Privacy Policy. If you object to your Information being transferred or used in this way please do = not use our services.
EXCLUSIVITY <= o:p>
During the bid process thru this website, you agree and grant PUB exclusivity in representing CUSTOMERS interests in collecting ene= rgy bids on CUSTOMERS behalf. This exclusivity shall remain in effect until, and thirty days after you cancel your account with PUB which you can do at any = time without penalty.
DESCRIPTION OF
SERVICE
PublicUtilityBrokers.com currently provides access to informational and interactive resources relating to electricity service, wh= ich may include news, articles, statistics, shopping services, and personalized content (collectively or individually, the ''Service''). Unless explicitly stated otherwise, this TOS will apply to any new features of or enhancement= s to the current Service. The Service is provided ''AS-IS'' for CUSTOMER use.
When CUSTOMER registers with PUB, CUSTOMER agrees to p= rovide true, accurate, current and complete information about them. We have the ri= ght to suspend or terminate the CUSTOMER’s account and refuse any and all current or future use of the Service (or any portion thereof) if CUSTOMER provides any untrue, inaccurate, not current or incomplete information, or = if PUB reasonably suspects that CUSTOMER has provided untrue, inaccurate, not current or incomplete information.
CONTENT
A.&n= bsp; Responsibility
All information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (''Content= ''), whether publicly posted or privately transmitted, are the sole responsibili= ty of the person from whom such Content originated. CUSTOMER is responsible for all Content that it uploads, posts emails, transmits or otherwise makes available via the Service. PUB shall not be in any way liable for any Conte= nt, including, but not limited to, any errors or omissions in any Content, or a= ny 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 Service.
B.&n= bsp; Advertisements
CUSTOMER understands and agrees that the Service may i= nclude advertisements and that these advertisements may be necessary for CUSTOMER = to provide the Service. CUSTOMER also understands and agrees that the Service = may include certain communications from PUB, such as service announcements, administrative messages and the PUB Newsletter, and that these communicatio= ns are considered part of PUB membership.
Unless explicitly stated otherwise, any new features t= hat augments or enhances the current Service, including the release of new PUB properties, shall be subject to this Agreement. CUSTOMER understands and ag= rees that the Service is provided ''AS-IS'' and that PUB assumes no responsibili= ty for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. CUSTOMER is responsible for obtaining access to the Service, and that access may involve third-party fe= es (such as Internet service provider or airtime charges). CUSTOMER is respons= ible for those fees, including those fees associated with the display or deliver= y of CUSTOMER advertisements, if any. In addition, you must provide and are responsible for all equipment necessary to access the Service.
C.&n= bsp; Prohibitions
CUSTOMER shall be prohibited from using the Service to= :
1. Take any action that imp= oses or may impose (in our sole discretion) an unreasonable or disproportionately l= arge load on our infrastructure;
2. Upload, post, email, tra= nsmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasi= ve of another's privacy, hateful, or racially, ethnically or otherwise objecti= onable;
3. Impersonate any person o= r entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwi= se manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. To access the Service us= ing any robot, spider, scraper or other automated means;
6. Upload, post, email, tra= nsmit 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 (su= ch as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
7. Upload, post, email, tra= nsmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (''Rights'') of any par= ty;
8. Upload, post, email, tra= nsmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ''junk mail,'' ''spam,'' ''chain letters,'' ''pyramid schemes,'' or any other form of solicitation;
9. Upload, post, email, tra= nsmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or li= mit the functionality of any computer software or hardware or telecommunications equipment;
10. Interfere with or disru= pt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to = the Service;
11. Intentionally or unintentionally violate any applicable local, state, national or internatio= nal law, and any regulations having the force of law;
D. <= span style=3D'mso-tab-count:1'> Pre Screen
PUB may or may not pre-screen Content. However, PUB an= d its designees shall have the right (but not the obligation) in its sole discret= ion to pre-screen, refuse, or move any Content that is available via the Servic= e. Without limiting the foregoing, PUB and its designees shall have the right = to remove any Content that violates this Agreement or is otherwise objectionab= le. CUSTOMER must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulnes= s of such Content.
E.&n= bsp; Disclosure of Account Information
PUB may access, preserve and disclose CUSTOMER’s account information and Content if required to do so by law or in a good fa= ith belief that such access preservation or disclosure is reasonably necessary = to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to cl= aims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or perso= nal safety of PUB, its users and the public.
F.&n= bsp; Transmission
The technical processing and transmission of the Servi= ce, including Content, may involve (a) transmissions over various networks; and= (b) changes to conform and adapt to technical requirements of connecting networ= ks or devices.
G.&n= bsp; Security
The Service and software embodied within the Service m= ay include security components that permit digital materials to be protected, = and that use of these materials is subject to usage rules set by PUB and/or con= tent providers who provide content to the Service. CUSTOMER may not attempt to override or circumvent any of the usage rules embedded into 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.
H.&n= bsp; Ownership
PUB does not claim ownership of Content that CUSTOMER submits or makes available for inclusion on the Service. However, with resp= ect to Content that CUSTOMER submits or makes available for inclusion on public= ly accessible areas of the Service, CUSTOMER grants PUB the following worldwid= e, royalty-free and non-exclusive license(s), as applicable:
1. With respect to photos, graphics, audio or video CUSTOMER submits or makes available for inclusion = on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Conten= t on the Service solely for the purpose for which such Content was submitted or = made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remo= ve or PUB removes such Content from the Service.
2. ''Publicly accessible'' = areas of the Service are those areas of the PUB network of properties that are inten= ded by PUB to be available to the general public.
NO RESALE OF =
SERVICE
CUSTOMER shall not reproduce, duplicate, copy, sell, t= rade, resell or exploit for any commercial purposes, any portion of the Service, = use of the Service, or access to the Service.
GENERAL PRACT=
ICES
REGARDING USE AND STORAGE
PUB may establish general practices and limits concern= ing use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum disk spa= ce that will be allotted on PUB’s servers, and the maximum number of tim= es (and the maximum duration for which) CUSTOMER may access the Service in a g= iven period of time. CUSTOMER acknowledges and agrees that PUB reserves the righ= t to log off accounts that are inactive for an extended period of time. PUB rese= rves the right to modify these general practices and limits from time to time.
MODIFICATIONS=
TO
SERVICE
PUB reserves the right at any time and from time to ti= me to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PUB shall not be liable to = you or to any third party for any modification, suspension or discontinuance of= the Service.
DEALINGS WITH
REP’s
CUSTOMER’s correspondence or business dealings w= ith, or participation in promotions of, REP’s or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between CUSTOMER and such REP. CUSTOMER agrees that PUB shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the re= sult of the presence of such REPS on the Service.
FEES
Joining the PUB website and reviewing bids or using our buying tools is free. However, the prices you will be reviewing have a commission already imbedded into it up to .005 (five mils) per kWh, however this fee decreases as customers load increases. Should you decide to accept= an offer presented by this website, PUB will only look to your provider for payment. PUB may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we = post the temporary promotional event or new service on the sites. All fees are quoted in U.S. Dollars.
DISCLAIMER OF
WARRANTIES
CUSTOMER expressly understands and agrees that:
A. USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK= . THE SERVICE IS PROVIDED ON AN ''AS IS'' AND ''AS AVAILABLE'' BASIS. PUB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSO= RS 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.
B. PUB AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SER= VICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROU= GH THE USE OF THE SERVICE IS ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK,= AND CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PUB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
INDEMNITY
CUSTOMER will indemnify and hold harmless PUB and its officers, directors, agents, representatives and employees and its affiliat= es, their respective officers, directors, 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 d= eath of persons, arising from any act, omission, or incident arising directly or indirectly from the performance of its duties under this Agreement.
INTELLECTUAL =
PROPERTY
A.&n= bsp; Trademarks and Trade Names.
CUSTOMER agrees not to display or use, in marketing, telemarketing, advertising or otherwise, any of PUB’s or its parent corporations’, subsidiaries’ or 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'') and will not permit the same to be used or displayed by third parties, except w= ith PUB’s prior written consent or except as required by any applicable l= aw, order, regulation or ruling. CUSTOMER shall not claim ownership or any other rights in PUB’s Marks.
B.&n= bsp; Intellectual Property.
All information, data, documents and materials provide= d by PUB to CUSTOMER, or acquired or learned by CUSTOMER from PUB files, documen= ts, employees, agents, representatives, consultants or contractors in connection with the services of CUSTOMER’s performance under this Agreement shal= l remain the sole and exclusive property of PUB, and CUSTOMER shall not obtain any rights whatsoever in any such information, data, documents or materials (whether under applicable patent, copyright, trade secret laws or otherwise= ).
C.&n= bsp; PUB Software.
The Service and any necessary software used in connect= ion with the Service (''Software'') contain proprietary and confidential information that is protected by applicable intellectual property and other laws. CUSTOMER further acknowledges and agrees that Content contained in sponsor advertisements or information presented through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents = or other proprietary rights and laws. Except as expressly authorized by PUB or advertisers, CUSTOMER agrees not to modify, rent, lease, loan, sell, distri= bute or create derivative works based on the Service or the Software, in whole o= r in part.
D.&n= bsp; Grant of Limited License.
PUB grants CUSTOMER a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that CUSTOMER does not (and does not allow any th= ird party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. CUSTOMER agrees neither to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. CUSTOMER agrees not to access the Service by any means other than through the interface that is provided by PUB for use in accessing the Serv= ice.
RELATIONSHIP OF THE PARTIES
PUB, in providing the services and obligations set for= th herein, is acting as an independent contractor and not as CUSTOMERS agent, partner or employee and has no fiduciary or similar relationship with CUSTO= MER. Accordingly, 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 PUB and CUSTOMER.
MISCELLANEOUS=
A.&n= bsp; Limitation of Liability.
The exclusive measure of damages recoverable from clai= ms arising from, under or in connection with the TOS, whether arising by negligence, intended conduct or otherwise will be limited to DIRECT damages only and such damages will be the sole and exclusive remedy hereunder and a= ll other remedies or damages are waived. In no event will any party be liable = for ANY INCIDENTAL, consequential, punitive, exemplary or indirect damages, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, LOST OR PROSPECTIVE PROFITS= , in tort, contract or otherwise. 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 referenc= e to this Agreement. FURTHER, PUB shall not be liable to CUSTOMER for damages resulting from: (i) the use or the inability to use the service; (ii) the c= ost of procurement of substitute goods and services resulting from any goods, d= ata, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating= to the Service.
Regardless of the previous paragraph, if PUB is found = to be liable, our liability to you or to any third party is limited to $100.
B.&n= bsp; Compliance with Law.
CUSTOMER 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.
C.&n= bsp; 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 CHO= ICE 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 THE STATE OF TEXAS. THE PARTIES MUTUALLY CONSENT TO= THE JURISDICTION OF THE FEDERAL AND STATE COURTS IN DALLAS COUNTY, TEXAS AND AG= REE 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 I= N A FEDERAL OR STATE COURT IN DALLAS COUNTY, TEXAS AND THE PARTIES AGREE THAT T= HEY 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 L= IKE IN ANY CASE FILED IN A FEDERAL OR STATE COURT IN DALLAS COUNTY, TEXAS.
D.&n= bsp; Entire Agreement.
This TOS constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous, oral or written, expre= ss or implied understanding between them respecting the subject matter hereof.= No modification, amendment or waiver will be effective or binding without the written consent of the Parties.
E.&n= bsp; Waiver.
No waiver or consent, express or implied, of any defau= lt in the performance of any provision herein will operate or be construed as a waiver or consent of any other default whether of a like or different natur= e. Failure to complain of any act or to declare a default with respect to this Agreement, regardless of how long that failure continues, will not constitu= te a waiver with respect to that default until the applicable statute of limitat= ions period has run.
F.&n= bsp; Severability.
If any provision of this Agreement is, for any reason, adjudged by any court of competent jurisdiction to be invalid or unenforcea= ble, such judgment will not affect, impair or invalidate the remainder of this Agreement which shall be enforced as fully as possible, but will be confine= d 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 pe= rmit its enforcement in a manner most closely representing the intention of the Parties as expressed herein.
G.&n= bsp; No Third Party Beneficiaries.
This Agreement is intended for the exclusive benefit o= f the Parties and their respective successors and permitted assigns, and nothing = in this Agreement shall be construed as creating any rights or benefits in or = to any third party, except as specified in, hereto.
H.&n= bsp; Interpretation.
This Agreement shall not be interpreted either more or= less favorably towards any party by virtue of the fact that such party or its counsel was responsible for the drafting of all or a portion hereof.
I.&n= bsp; Headings.
Headings contained in this Agreement are for convenien= ce only and shall not be construed to define or limit any terms herein, or otherwise affect the meaning or interpretation of this Agreement.
J.&n= bsp; Independence.
Notwithstanding any assistance provided by the Parties= to each other in implementing the Agreement to maximize value to both Parties,= the Parties hereby acknowledge and agree that they are, and will in implementing the Agreement be, acting independently. Nothing herein is intended to or wi= ll make the Parties joint ventures, partners or otherwise authorizes a Party to act on behalf of the other or otherwise bind the other.
K. &n= bsp; Notices
Except as explicitly stated otherwise, legal notices s= hall be served on PUBs' registered agent or to the email address you provide to = PUB during the registration process (in your case). Notice shall be deemed give= n 24 hours after email is sent, unless the sending party is notified that the em= ail address is invalid. Alternatively, we may give you legal notice by mail to = the address provided during the registration process. In such case, notice shal= l be deemed given three days after the date of mailing.