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THIS DOCUMENT SETS FORTH THE TERMS OF USE (“TERMS OF USE”) FOR THE POWER TARGET, LLC. (“COMPANY,” “WE,” OR “OUR”) WEBSITE WWW.COMPAREELECTRICITY.COM (“SITE”) AND THE INFORMATION, SERVICES, AND/OR PRODUCTS THAT MAY BE MADE AVAILABLE TO YOU THROUGH THE SITE. PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE BINDING ARBITRATION PROVISIONS IN SECTION 15, AND YOU ACKNOWLEDGE THAT YOU ARE A LEGAL ADULT AGE 18 OR OLDER. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR IF YOU ARE NOT A LEGAL ADULT AGE 18 OR OLDER, DO NOT USE THE SITE IN ANY MANNER.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE.

The following are the terms and conditions for use of CompareElectricity.com (the “Website”).

By accessing or registering with the website, or enrolling with any Retail Electricity Suppliers (“Suppliers”) through the Website, or otherwise using any of the services hosted at http://www.CompareElectricity.com (collectively, the “Services”), and in consideration for the Services Power Target LLC (“Power Target”) provides to you (the terms “you,” “yours,” or “customer” includes the person or entity that is accessing or registering with the Services, or enrolling with a Supplier through the Website, as well as any third parties accessing the Services on your behalf), you agree to abide AND BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICES (“Agreement”) INCLUDING THE BINDING ARBITRATION PROVISIONS OF SECTION XI. Please note that Power Target’s Services do not include the provision of electricity generation services as Power Target does not offer, sell, contract for, or take title to electricity and only acts as an intermediary between potential or enrolling customers and a retail electricity supplier. Please read this Agreement carefully before using the Services in any manner. Some provisions are state-specific and may not apply to you. The Services offered to you are conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

  1. Information Submission

In order to utilize some Services, you may be required to enter personal information. When submitting personal information, you must provide Power Target with complete and accurate information as prompted by the Website or applicable form.

  1. Digital Millennium Copyright Act

Power Target respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Website in a way that constitutes copyright infringement may notify Power Target’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website so that the copyright agent can locate it;
  3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
  4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.

Notifications of claimed infringement should be forwarded to:

DMCA Agent
Rob Rex
211 Black Angus Ct.
Millersville MD, 21108
E-mail: rob.rex@powertargetllc.com

If you give notice of copyright infringement by text e-mail, Power Target’s copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.

III. PRIVACY

The Website is governed by the Privacy Policy which is incorporated into this Agreement by this reference. By submitting personal information to Power Target, you agree that Power Target or an applicable Retail Electricity Supplier may contact you as allowed under the Privacy Policy.

  1. PROPRIETARY RIGHTS

Power Target expressly reserves all right, title and interest in and to the Services, and the content of the Website, including any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.

  1. INDEMNIFICATION

You agree to indemnify, hold harmless and defend Power Target, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Power Target or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Power Target or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Services, or (iii) your unauthorized use of the Services. In such a case, Power Target will provide you with written notice of such claim, suit or action. You shall cooperate as fully as is reasonably required in the defense of any claim. Power Target reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification and reimbursement of any and all associated expenses by you.

  1. REPRESENTATIONS, WARRANTIES, OR DISCLAIMERS
  2.        General Representations, Warranties, or Disclaimers

Power Target does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes it available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable.

THE SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY POWER TARGET EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Power Target does not sell, OFFER, or provide electricity generation services and makes no WARRANTIES, CLAIMS OR REPRESENTATIONS regarding any retail electricity supplier’s provision of electricity generation services. POWER TARGET DOES NOT WARRANT OR GUARANTEE THE ACCURACY OF ANY STATEMENTS OR CLAIMS MADE BY A retail electricity supplier. POWER TARGET DOES NOT WARRANT THAT THIS WEBSITE’S SERVICES, OR SERVICES PROVIDED BY ANY RETAIL ELECTRICITY SUPPLIER, WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

Power Target may receive compensation from a Retail Electricity Supplier for facilitating the enrollment of potential customers.

Hyperlinks are Not Endorsements. A link from the Website to a non-Power Target website does not mean that Power Target endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. Additionally, we suggest you review the linked site’s terms of service and privacy policy, and if you do not agree to be bound by the terms of that site, terminate your visit to that site.  We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Power Target expressly disclaims any liability related to such sites.

Unauthorized Links. Power Target prohibits unauthorized hypertext links to the Website or the framing of any content available through the Website. Power Target reserves the right to disable any unauthorized links or frames.

  1.        Connecticut Representations, Warranties, or Disclaimers

The terms in this Section VI(B) apply to Connecticut residents only.

Description of Connecticut Services. Power Target LLC acts as an intermediary between potential or enrolling customers and Electricity Suppliers. Power Target is not an Electricity Supplier or Electricity Aggregator. In some instances, Power Target may receive compensation from a Supplier for facilitating the enrollment of potential customers. Power Target is not licensed by the Department of Utility Control as Power Target is not acting as an Electricity Supplier or Aggregator. Power Target does not execute any contract relating to the sale of electric generation services to end use customers. Power Target does not purchase, offer, sell, resell, or provide electric generation service. Power Target is not employed or a representative of an electric distribution company and is not acting on behalf of an electric distribution company. Power Target does not take title to electricity. The relationship between an enrolling customer and the Electricity Supplier is governed by the contract between the enrolling customer and the Electricity Supplier. Power Target is not a party to any resulting electricity supply contract between a customer and an Electricity Supplier.

Notices. Please read the following notices regarding electricity choice in Connecticut: Taking service from a chosen Supplier will not affect the your distribution or transmission service and such services will continue to be provided by the electric distribution company. Electricity Suppliers are not the same company as the electricity distribution company. The Suppliers’ prices are not regulated by the Department of Public Utility Control. You are not required to buy your supply or other products to receive the same quality service from the electricity distribution company.

Rate Change and Enrollment Process. Any rates published on this Website are subject to change. By submitting enrollment information through this Website, you are merely expressing to the retail electricity supplier an interest to change your electricity generation services and authorizing Power Target to transmit such an interest to the retail electricity supplier. Submitting enrollment information through this Website does not constitute an acceptance of any offer to provide specific electricity services or rates. No binding contract will exist, and your electricity supply services will not be changed, until you receive a contract from the retail electricity supplier and the supplier confirms your pricing and enrollment.

This Agreement governing your use of this website does not constitute any Electricity Supplier’s terms and conditions relating to the actual provision of electricity generation services. See your chosen supplier’s documents and other disclosures for full information regarding your rights and the terms governing the contract between the customer and the Electricity Supplier .

  1.        Illinois Representations, Warranties, or Disclaimers

The terms in this Section VI(C) apply to Illinois residents only.

Notice and Description of Illinois Licensed Electricity Brokerage Services. Power Target LLC is a licensed “agent, broker, or consultant for the procurement or sale of retail electricity supply for third parties” in the State of Illinois, and has been certified as such by the Illinois Commerce Commission under Docket 12-0318. Power Target LLC does not represent or act on behalf of your electric distribution service provider, any governmental bodies, or consumer groups. Power Target acts as an intermediary between potential or enrolling customers and retail electricity suppliers. Power Target does not have any agreement with the local utility. Power Target does not take title to electricity. Power Target does not offer, sell, contract for, or provide retail electricity generation services. The relationship between an enrolling customer and the retail electricity supplier is governed by the contract between the enrolling customer and the retail electricity supplier. Power Target is not a party to any resulting electricity supply contract between a customer and retail electricity supplier.

Notices. Please read the following notices regarding electricity choice in Illinois: (i) You should review your current electricity contract and/or contact your current supplier to learn if any early termination fees are applicable when changing your electricity service;(ii) If you orally authorize a change in your electricity service, a third party may contact you to verify your decision to enroll with your chosen retail electricity supplier. You must cooperate with this verification process; (iii) Complaints regarding your enrollment a retail electricity supplier may be filed with the Illinois Commerce Commission; (iv) Any fees or commissions which may be received by Power Target LLC as a result of the Services are not paid by the customer and are instead paid by the retail electricity supplier or other third-party. Following a customer’s enrollment with a retail electricity supplier chosen through the Services, Power Target may receive compensation from the retail electricity supplier for facilitating such enrollment. Power Target may enter into contracts, or otherwise partner, with retail electricity suppliers from time to time; (v) Power Target LLC does not guarantee any potential savings stated on the Website under any circumstances.

Rate Change and Enrollment Process. Any rates published on this Website are subject to change. By submitting enrollment information through this Website, you are merely expressing to the retail electricity supplier an interest to change your electricity generation services and authorizing Power Target to transmit such an interest to the retail electricity supplier. Submitting enrollment information through this Website does not constitute an acceptance of any offer to provide specific electricity services or rates. No binding contract will exist, and your electricity supply services will not be changed, until you have physically or electronically signed a Letter of Agency, or orally authorized the change in service, as required by 815 Ill. Comp. Stat. § 505/2EE, and the supplier confirms your pricing and enrollment. By physically or electronically signing a Letter of Agency and accepting the terms stated in the retail electricity supplier’s contract you agree to initiate service and begin enrollment. 412.160

This Agreement governing your use of this Website does not constitute a Letter of Agency under 815 Ill. Comp. Stat. § 505/2EE. This Agreement governing your use of this Website does not constitute a Uniform Disclosure Statement under the proposed or enacted version of 83 Ill. Admin. Code. § 412.110.

  1.        Maryland Representations, Warranties, or Disclaimers

The terms in this Section VI(D) apply to Maryland residents only.

Maryland Price Quotes. As required by COMAR § 20.53.07.07(B)(2), if a price is quoted for electricity rates in the State of Maryland, the following notice provisions apply:

(a)       The price quoted is only for the specified commodity provided by the supplier;
(b)       The price quoted does not include any tax, utility distribution charge, or other utility fee or charge; and
(c)       The supplier’s price is not regulated by the Commission.

Notice and Description of Maryland Licensed Electricity Brokerage Services. Power Target is licensed by the Maryland Public Service Commission as a Maryland electricity broker, License #IR-2852. As such, Power Target acts as an intermediary between potential or enrolling customers and retail electricity suppliers. Power Target does not have any agreement with the local utility. Power Target does not take title to electricity. Power Target does not offer, sell, or provide retail electricity generation services. The relationship between an enrolling customer and the retail electricity supplier is governed by the contract between the enrolling customer and the retail electricity supplier. Power Target is not a party to any resulting electricity supply contract between a customer and retail electricity supplier.

This Agreement governing your use of this Website does not constitute a supplier contract under COMAR § 20.53.07.08.

Rate Change and Enrollment Process. Any rates published on this Website are subject to change. By submitting enrollment information through this Website, you are merely expressing to the retail electricity supplier an interest to change your electricity generation services and authorizing Power Target to transmit such an interest to the retail electricity supplier. Submitting enrollment information through this Website does not constitute an acceptance of any offer to provide specific electricity services or rates. No binding contract will exist, and your electricity supply services will not be changed, until you receive a contract from the retail electricity supplier, you affirmatively confirm your acceptance to that contract as required by COMAR § 20.53.07.08(B), and the supplier confirms your pricing and enrollment.

  1.        Michigan Representations, Warranties, or Disclaimers

The terms in this Section VI(E) apply to Michigan residents only.

Description of Michigan Services. Power Target LLC acts as an intermediary between potential or enrolling customers and Alternative Electricity Suppliers. Power Target is not an Alternative Electricity Supplier, and is not licensed by the Michigan Public Service Commission. Power Target does not offer, sell, or provide electric generation service.  Power Target does not have any agreement with the local utility. Power Target does not take title to electricity. The relationship between an enrolling customer and the Alternative Electricity Supplier is governed by the contract between the enrolling customer and the Alternative Electricity Supplier. Power Target is not a party to any resulting electricity supply contract between a customer and an Alternative Electricity Supplier.

Notices. Please read the following notices regarding electricity choice in Michigan: No customer is obligated to switch his or her service to a new supplier. The Michigan Public Service Commission has not endorsed any of Power Target’s services nor does the Commission favor Power Target’s services over any other entity. Customers may obtain information in written form from the Alternative Electric Supplier upon request. Any offers of savings made by a new Alternative Electric Supplier are not the responsibility of a customer’s current supplier. To report a service outage or a downed wire or other emergency, always contact your local distribution utility. Electric supply prices and charges for generation services are set by the electric supplier you have chosen. The Michigan Public Service Commission regulates prices and charges for services related to the distribution of electric services as well as any transition, implementation, or securitization charges.

Rate Change and Enrollment Process. Any rates published on this Website are subject to change. By submitting enrollment information through this Website, you are merely expressing to the retail electricity supplier an interest to change your electricity generation services and authorizing Power Target to transmit such an interest to the retail electricity supplier. Submitting enrollment information through this Website does not constitute an acceptance of any offer to provide specific electricity services or rates. No binding contract will exist, and your electricity supply services will not be changed, until you receive a contract from the retail electricity supplier, you affirmatively confirm your acceptance to that contract, and the supplier confirms your pricing and enrollment.

This Agreement governing your use of this website does not constitute a disclosure statement under Public Service Commission Case No. U-12487.  For the terms and conditions governing the actual provision of electricity, read the Alternative Electric Supplier’s contract and any accompanying disclosures.

  1.         New Jersey Representations, Warranties, or Disclaimers

The terms in this Section VI(F) apply to New Jersey residents only.

Description of New Jersey Services. Power Target LLC acts as an intermediary between potential or enrolling customers and Electric Power Suppliers. Under New Jersey law, Power Target is not an Electric Power Supplier, Broker, Energy Agent, Aggregator, or Marketer. Power Target is not licensed by the New Jersey Board of Public Utilities. Power Target does not assume the contractual and legal responsibility for the sale of electric generation services to retail customers and does not take title to the power sold. Power Target does not purchase, offer, sell, resell, or provide electric generation service. Power Target is not employed or a representative of any local distribution company and is not acting on behalf of any local distribution company. The relationship between an enrolling customer and the Electric Power Supplier is governed by the contract between the enrolling customer and the Electric Power Supplier. Power Target is not a party to any resulting electricity supply contract between a customer and an Electric Power Supplier.

Notices. Please read the following notices regarding electricity choice in New Jersey: You have an affirmative obligation to provide the Electric Power Supplier with any change in your email address, and/or with any withdrawal of consent for electronic retention of contracts or other customer information. By enrolling through this Website, you represent you are the customer of record or have the authority to sign up, renew and/or change the Electric Power Supplier for the relevant account; you have read, understand, and agree to the terms and conditions of the contract with the Electric Power Supplier, and you voluntarily authorize a new enrollment, a renewal, or a switch in your Electric Power Supplier. By using electronic signup, renewal, or switching, you are consenting to the terms and conditions listed on the Electric Power Supplier’s contract. Switching to a competitive third-party supplier is not mandatory, and customers have the option of remaining with the local distribution company for basic generation service. Customers should call the local distribution company in the event an electric/gas-related emergency, such as a gas leak or power outage, exists.

Rate Change and Enrollment Process. Any rates published on this Website are subject to change. By submitting enrollment information through this Website, you are merely expressing to the retail electricity supplier an interest to change your electricity generation services and authorizing Power Target to transmit such an interest to the retail electricity supplier. Submitting enrollment information through this Website does not constitute an acceptance of any offer to provide specific electricity services or rates. No binding contract will exist, and your electricity supply services will not be changed, until you receive a contract from the retail electricity supplier, you affirmatively confirm your acceptance to that contract, and the supplier confirms your pricing and enrollment.

This Agreement governing your use of this website does not constitute a Electric Power Supplier’s contract under 14 N.J. Admin. Code § 14:4-7.6 relating to the actual provision of electricity generation services. See your chosen supplier’s contract and other disclosures for full information regarding your rights and the terms governing the contract between the customer and the Electric Power Supplier.

  1.        New York Representations, Warranties, or Disclaimers

The terms in this Section VI(G) apply to New York residents only.

Description of New York Services. Power Target LLC is a broker, and acts as an intermediary between potential or enrolling customers and Energy Service Companies (ESCOs). Power Target is not an Energy Service Company. The New York State Department of Public Services does not require licensing of Energy Brokers. Power Target does not purchase, offer, sell, resell, or provide electric generation service.  Power Target is not a representative of any distribution utility. Power Target does not take title to electricity. The relationship between an enrolling customer and the Energy Service Company is governed by the contract between the enrolling customer and the Energy Service Company. Power Target is not a party to any resulting electricity supply contract between a customer and an Energy Service Company.

Notices. Please read the following notices regarding electricity choice in New York: Electronic acceptance of a sales agreement is an agreement to initiate service and begin enrollment. Energy supply will be provided by the chosen ESCO and energy delivery will continue to be provided by the customer’s utility. The utility will be available to respond to leaks or other emergencies should they occur.

Rate Change and Enrollment Process. Any rates published on this Website are subject to change. By submitting enrollment information through this Website, you are merely expressing to the retail electricity supplier an interest to change your electricity generation services and authorizing Power Target to transmit such an interest to the retail electricity supplier. Submitting enrollment information through this Website does not constitute an acceptance of any offer to provide specific electricity services or rates. No binding contract will exist, and your electricity supply services will not be changed, until you have received the sales agreement, the cancellation period has expired, the information provided in Public Service Commission Case 98-M-1343 Attachment 2 (Effective 12/17/10) have been provided and recorded, and the supplier confirms your pricing and enrollment.

This Agreement governing your use of this website does not constitute a Sales Agreement or Customer Disclosure Statement under Case 98-M-1343 Section 5. See these documents and other disclosures for full information regarding your rights and the terms governing the contract between the customer and the Energy Service Company.

  1.        Ohio Representations, Warranties, or Disclaimers

The terms in this Section VI(H) apply to Ohio residents only.

Description of Ohio Services. Power Target LLC acts as an intermediary between potential or enrolling customers and Competitive Retail Electric Service (CRES) providers. Under Ohio law, Power Target is not a CRES provider, broker, aggregator, or power marketer. Power Target is not licensed by the Public Utilities Commission of Ohio. Power Target does not assume the contractual and legal responsibility for the sale and/or arrangement for the supply of retail electric generation service to a retail customer. Power Target does not take title to electricity. Power Target does not offer, contract, purchase, sell, resell, or provide competitive retail electric services. Power Target is not employed or a representative of any electric distribution utility

and is not acting on behalf of any electric distribution utility. The relationship between an enrolling customer and the CRES provider is governed by the contract between the enrolling customer and the CRES provider. Power Target is not a party to any resulting electricity supply contract between a customer and an CRES provider.

Notices. Please read the following notices regarding electricity choice in Ohio: (i) Residential and small commercial customers may cancel their enrollment within seven calendar days following a confirmation notice from the electric utility. Following enrollment with a CRES provider, the electric utility will send a confirmation notice of the transfer of service and the customer should contact the electric utility to rescind the contract, if the customer desires to do so. The electric utility will give the customer a cancellation number to confirm any cancellation of the contract during the cancellation period. (ii) If you have any complaints regarding your electricity service, contact your electric supplier. If your complaint is not resolved after you have called your electric supplier and/or your electric utility, or for general utility information, residential and business customers may contact the public utilities commission of Ohio (PUCO) for assistance at 1-800-686-7826 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.puco.ohio.gov. The Ohio consumer’s counsel (OCC) represents residential utility customers in matters before the PUCO. The OCC can be contacted at 1-877-742-5622 (toll free) from eight a.m. to five p.m. weekdays, or at http://www.pickocc.org. (iii) Customers may incur additional service and delivery charges from the electric utility, in addition to any charges from the CRES provider.

Rate Change and Enrollment Process. Any rates published on this Website are subject to change. By submitting enrollment information through this Website, you are merely expressing to the retail electricity supplier an interest to change your electricity generation services and authorizing Power Target to transmit such an interest to the retail electricity supplier. Submitting enrollment information through this Website does not constitute an acceptance of any offer to provide specific electricity services or rates. No binding contract will exist, and your electricity supply services will not be changed, until you receive a contract from the CRES provider, you affirmatively confirm your acceptance to that contract, and the supplier confirms your pricing and enrollment.

This Agreement governing your use of this website does not constitute a Electric Power Supplier’s contract under Ohio Admin. Code § 4901:1-21-12 relating to the actual provision of electricity generation services. See your chosen supplier’s contract and other disclosures for full information regarding your rights and the terms governing the contract between the customer and the CRES provider.

  1.          Pennsylvania Representations, Warranties, or Disclaimers

The terms in this Section VI(I) apply to Pennsylvania residents only.

Notice and Description of Pennsylvania Licensed Electricity Brokerage Services. Power Target LLC is licensed by the Pennsylvania Utility Commission to “offer, render, furnish or supply electricity or electricity generation services as a broker/marketer,” under Docket No. A-2012-2317908. Power Target acts as an intermediary between potential or enrolling customers and retail electricity suppliers. Power Target does not have any agreement with the local utility. Power Target does not take title to electricity. Power Target does not offer, sell, or provide electricity. The relationship between an enrolling customer and the retail electricity supplier is governed by the contract between the enrolling customer and the retail electricity supplier. Power Target is not a party to any resulting electricity supply contract between a customer and retail electricity supplier.

Notices. Please read the following notices regarding electricity choice in Pennsylvania: (i) Generation prices and charges are set by the electric generation supplier you have chosen; (ii) The Public Utility Commission regulates distribution prices and services; (iii) The Federal Energy Regulatory Commission regulates transmission prices and services; (iv) As noted in 54 Pa. Code § 54.6(d), electricity is the product of a mix of generation energy sources, that is delivered over a system of wires.

Rate Change and Enrollment Process. Any rates published on this Website are subject to change. By submitting enrollment information through this Website, you are merely expressing to the retail electricity supplier an interest to change your electricity generation services and authorizing Power Target to transmit such an interest to the retail electricity supplier. Submitting enrollment information through this Website does not constitute an acceptance of any offer to provide specific electricity services or rates. No binding contract will exist, and your electricity supply services will not be changed, until you receive a contract from the retail electricity supplier, you affirmatively confirm your acceptance to that contract, and the supplier confirms your pricing and enrollment. Any enrollments conducted through the Website are procured through 52 Pa. Code § 111.7(a)(2)(iv).

Personal Information. Power Target may release you telephone number or historic billing data to third parties. You can restrict Power Target’s ability to release such information by sending a request, stating your desire to restrict the release of public information, to support@CompareElectricity.com

This Agreement governing your use of this website does not constitute a disclosure statement under 54 Pa. Code § 54.5. For the terms and conditions governing the actual provision of electricity, read the disclosure statement and the electric generation supplier’s contract.

  1.         Texas Representations, Warranties, or Disclaimers

The terms in this Section VI(J) apply to Texas residents only.

Description of Texas Services. Power Target LLC is a broker, and acts as an intermediary between potential or enrolling customers and Retail Electric Providers. Power Target is not a Retail Electric Provider, an aggregator, or a power marketer. Power Target does not require a license from the Texas Public Utility Commission to operate as an electricity broker. Power Target does not purchase, offer, sell, resell, or provide electric generation service.  Power Target is not a representative of any Transmission and Distribution Utility. Power Target does not take title to electricity. The relationship between an enrolling customer and the Retail Electric Provider is governed by the contract between the enrolling customer and the Retail Electric Provider. Power Target is not a party to any resulting electricity supply contract between a customer and an Retail Electric Provider.

Notices. Please read the following notices regarding electricity choice in Texas: A move-in or a switch can only be made by the electric service applicant or the applicant’s authorized agent. Receiving retail electric service from a Retail Electric Provider will not provide a customer with better quality of service from the Transmission and Distribution Utility. If any claims about price, savings, or environmental quality are claimed by a Retail Electricity Provider, you can obtain important standardized information that will allow you to compare the product with other offers. Contact the applicable Retail Electricity Provider for more information.

Rate Change and Enrollment Process. Any rates published on this Website are subject to change. By submitting enrollment information through this Website, you are merely expressing to the retail electricity supplier an interest to change your electricity generation services and authorizing Power Target to transmit such an interest to the retail electricity supplier. Submitting enrollment information through this Website does not constitute an acceptance of any offer to provide specific electricity services or rates. No binding contract will exist, and your electricity supply services will not be changed, until you have received the requisite disclosures from the Retail Electricity Provider, affirmatively confirmed your acceptance to the contract, had you enrollment authorization verified in accordance with 16 Tex. Admin. Code  § 25.474(d)(10), and the supplier confirms your pricing and enrollment.

This Agreement governing your use of this website does not constitute Terms of Service under 25.475(f), Electricity Facts Label under 25.475(g), or “Your Rights as a Customer” document under 25.475(h). See these documents and other disclosures for full information regarding your rights and the terms governing the contract between the customer and the Retail Electricity Provider.

VII. LIMITATIONS OF LIABILITY

POWER TARGET WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF POWER TARGET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.

VIII. TERMS AND TERMINATION

Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement.

  1. MODIFICATIONS TO TERMS OF SERVICES AND OTHER POLICIES

Power Target reserves the right to cease offering any of the Services at any time or to make changes to this Agreement at any time, each at its sole and exclusive discretion.  You will know we have modified or amended this Agreement when you see a new updated date at the top of this Agreement.  Power Target will not notify its Website users of any such changes by e-mail or other personal contact.  YOUR CONTINUED USE OF THE WEBSITE OR THE SERVICES AFTER THE POSTING OF REVISIONS TO THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS OR AMENDMENTS.  We encourage you to check the date of this Agreement whenever you visit this Website so that you will know when you need to review the Agreement for changes.

  1. COMPLIANCE

You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

  1. DISPUTE RESOLUTION (ARBITRATION CLAUSE)

Arbitration. You and Power Target each agree to submit to binding arbitration in the event of a dispute, controversy, or claim (each, a “Claim”) arising out of or in connection with this Agreement, the Privacy Policy, your or Power Target’s rights and obligations under this Agreement, or the Privacy Policy, the Website, the use of the Website, and/or the Website’s Services. The arbitration will be held in Maryland before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. You may select one of the following arbitration organizations and its applicable rules: the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). If you fail to select an arbitration organization within 30 days after notice from Power Target, Power Target may select the organization. You may obtain a copy of the rules of each organization by contacting the organization. In the event that any Claim cannot be submitted to binding arbitration pursuant to the rules of any such organization, such event shall not affect the enforceability of this clause so long as the Claim may be submitted to binding arbitration with the other organization. You and Power Target shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert, and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Power Target’s intellectual property rights, Power Target may seek injunctive or other appropriate relief in any state or federal court in the State of Maryland, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration Final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the provisions of Section 17 of these Terms of Use shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

No Class Action. These Terms of Use provide that all Claims will be resolved by binding arbitration and not in court or by jury trial. BECAUSE THE ARBITRATION WILL BE ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST POWER TARGET INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS MEANS THAT YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.

XII. MISCELLANEOUS; APPLICABLE LAW AND VENUE

Power Target shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Maryland without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Maryland law, rules, and regulations, Maryland law, rules and regulations shall prevail and govern. NOTWITHSTANDING THE FOREGOING, THE PARTIES EXPRESSLY OPT OUT OF THE MARYLAND UNIFORM COMPUTER TRANSACTIONS ACT (“MUCITA”) AS PERMITTED BY SECTION 22-104 OF MUCITA. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Maryland. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. Any notices to Power Target must be sent to:

Power Target
211 Black Angus Ct.
Millersville MD, 21108

via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without Power Target’s prior written consent, and any such attempt is void. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

XIII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.

XIV. CONTACT INFORMATION

If you have questions concerning your contract or relationship with your retail electricity supplier, please contact your supplier directly. If you have any questions or comments regarding these Terms of Use or the Website, please email Power Target at support@ CompareElectricity.com. Any formal notices or other inquires to Power Target should be sent to:

Power Target LLC
211 Black Angus Ct.
Millersville MD, 21108

 

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