PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND IT. THESE TERMS OF SERVICE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Power Wizard is a membership service which provides paid subscribers (“Members”) access to our technology-based automated energy shopping, purchasing, advice and analytics platform. The Power Wizard Service utilizes automated software to search online for energy plans for you based on the information you provide, and to enroll you automatically on a plan with a retail energy provider.
To shop for and find an energy plan that suits your needs, calculate estimated savings, and to enroll you on a plan, Power Wizard will request inputs from you including your current usage, energy bill information, service address, current energy provider account information, and other information, including personal information to establish a new account. Power Wizard may select a new electricity and/or natural gas provider, or a new plan or contract with your current energy provider based on your inputs and Power Wizard’s estimated savings calculations. The automated Power Wizard agent will enroll you automatically at the provider’s website using the information you have provided to us. Enrollments and contracts with energy providers are between the energy provider and the Member. Power Wizard is not a party to such contracts and shall have no liability or responsibility to any Member or energy provider, including with respect to any disputes arising out of the contract between a Member and a third-party provider.
In order to shop for and provide provider plan information and ongoing savings reports to a Member, each Member authorizes Power Wizard to access and utilize energy data related to your electricity and energy usage from sources such as your current energy provider or retail electric provider, your utility or Transmission and Distribution Utility (TDU) and/or with the Smart Meter Texas Portal (SMTP), as allowed by applicable rules and law. Subject to SMTP rules, Power Wizard will request your current log-in credentials if available or will set up or work with you to set up an SMTP account and log-in credentials that Power Wizard can access with your authorization. Upon request, Power Wizard will share any and all log-in credentials with you that may have been set up on your behalf.
Member understands and agrees that by subscribing to the Services he or she is authorizing deployment of the Power Wizard automated tool to initiate price searches, fetch pricing information, set up account access with energy providers, request and access energy usage and profile information, enroll on or cancel energy provider contracts, as well as authorizing us to perform other activities in connection with providing the Services and to provide related or other services and products as may be offered by Power Wizard from time to time. BY USING POWER WIZARD AS A MEMBER, EACH MEMBER ACKNOWLEDGES AND AGREES THAT HE OR SHE IS AUTHORIZING POWER WIZARD TO ENROLL THE MEMBER’S SERVICE LOCATION DIRECTLY WITH RETAIL ENERGY PROVIDERS ON THEIR BEHALF. IN THE EVENT MANUAL INTERVENTION IS NECESSARY BASED ON TECHNICAL MALFUNCTION OR OTHER REASONS TO PROVIDE MEMBER WITH ACCOUNT ENROLLMENT OR MANAGEMENT SERVICES WITH AN ENERGY PROVIDER, MEMBER FURTHER AGREES POWER WIZARD AND ITS EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO ACT AS MEMBER’S AGENT FOR SUCH PURPOSES ON MEMBER’S BEHALF. THE AUTHORIZATIONS GRANTED BY MEMBER HEREUNDER MAY BE CANCELLED BY MEMBER AT ANY TIME UPON WRITTEN NOTICE TO POWER WIZARD.
Power Wizard Members agree to abide by all terms and conditions of account access detailed in each third party’s TOS or terms of service that has been set up using the Power Wizard tool, including their energy provider terms of service, TDU and SMTP. In addition, Members acknowledge and agree to adhere to all agreements and terms of service with energy providers, utilities or TDUs and other service providers including payment of invoices for using their products and/or services.
Member also agrees to allow Power Wizard to contact energy providers or utilities on their behalf, in reference to their account.
Our simple fee structure gives Members a choice of paying a monthly fee or a single annual payment for the Service. By signing up as a Member, you represent that you are at least 18 years of age and an authorized user of the credit or debit card you provide. You authorize Power Wizard to charge you the applicable monthly fees or annual fee on your billing date for your Power Wizard Service via recurring credit or debit card payments, until such time as you or we cancel your Services membership. You are charged in advance for the next month or, if an annual account, next year of service. You can cancel your membership by contacting us at firstname.lastname@example.org. Member fees that have already been charged are nonrefundable. You agree to advise us of any changes to your card account.
Your Member subscription will automatically renew at the end of each subscription term, whether monthly or annual, at the same fee, unless we notify you of a fee change 30 days in advance. Power Wizard reserves the right to increase fees with 30 days’ advance notice to you, except that annual fees will remain the same until the annual renewal date unless we notify you of a fee increase 30 days in advance of the annual renewal date. If your payment does not process, we may cancel your Member account and/or assess a late charge of the greater of 1.5% of the past-due amount or the highest rate allowed by law, at our discretion. We may refer your account to a collection agency to collect past-due amounts and any costs we incur to collect such charges.
Power Wizard reserves the right, in its sole discretion with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue the Service or any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your transactions. You are solely responsible for any and all transactions utilizing your financial information including, but not limited to, any and all charges. You acknowledge and agree that in the event a third-party payment processor experiences a data breach that affects your financial, Power Wizard will in no way be responsible or liable to you for any such breach.
Power Wizard reserves the right, to the maximum extent allowed by law, in our sole discretion, to cancel your Member account for any reason or no reason, including without limitation for violation of this Terms of Service.
9. Licenses and Certification
Power Wizard is licensed or certified to provide energy shopping and advisory services in those states that require it.
10. Modification of Terms
Power Wizard may modify these Terms of Service, in whole or in part, from time to time in its sole discretion, effective immediately upon posting modified Terms of Service to the Services and, if you possess an account, by directly communicating them to you when you log in to the Services; provided, however, that: (i) any modification to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable modification; and (ii) any modification to the Fees section shall not apply to any charges incurred prior to the applicable modification. By not terminating your account within seven days after receiving a notice of modifications to this TOS as described above or by continuing to use or access the Services after modified TOS are posted to our website, you agree to comply with, and be bound by, such modifications. Unless explicitly stated otherwise, any future offer(s) made available to you on the Services that augment(s) or otherwise enhance(s) the current features of the Services shall be subject to this TOS.
You agree to defend, indemnify and hold harmless Power Wizard and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this TOS, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content of any kind that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
Access to this website is governed by all applicable United States federal, state and local laws. You are responsible for compliance with the laws of your jurisdiction and other applicable law. The laws of the State of Texas shall govern any dispute arising out of the use of this website or these Terms of Service. You also agree to submit to the exclusive jurisdiction and venue of the courts located in Harris County, Texas. In the event of any dispute with Power Wizard arising out of or related to these Terms of Service or your use of the Services, you agree to submit such dispute to binding arbitration under the procedure provided herein.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, POWER WIZARD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Power Wizard reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (ii) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (iii) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EXCESS OF $50. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LAWSUIT OR LITIGATION RELATING TO, OR ARISING FROM, THE USE OF THE SERVICES, OR IN CONNECTION WITH THE SERVICES. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS TOS.
THE PARTIES HERETO HEREBY AGREE TO RESOLVE ANY DISPUTE, CLAIM, CONTROVERSY, LAWSUIT OR LITIGATION RELATING TO, OR ARISING FROM, THE USE OF THE SERVICES, OR IN CONNECTION WITH THE SERVICES, THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROCEDURAL RULES FOR COMMERCIAL DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE SITE OF SUCH ARBITRATION SHALL BE HOUSTON, TEXAS. THE NUMBER OF ARBITRATORS SHALL BE THREE (3). EACH PARTY SHALL APPOINT ONE ARBITRATOR AND THE TWO ARBITRATORS APPOINTED BY THE PARTIES SHALL APPOINT THE THIRD ONE. IF THE ARBITRATORS CANNOT AGREE ON WHICH ARBITRATOR TO APPOINT, THEN THE THIRD ONE SHALL BE APPOINTED BY AAA. THE ARBITRATORS SHALL APPLY TEXAS LAW. THE ARBITRATION OF DISPUTES DESCRIBED IN THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND EACH PARTY HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
16. General Terms
These Terms of Service constitutes the complete and exclusive agreement between the parties, and supersedes any and all other agreements between the parties, oral or written, regarding the subject matter of this TOS. If any provision of this TOS is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, which shall not affect the enforceability of the TOS’s remaining provisions. You may not assign or otherwise transfer this TOS or any of your rights or obligations hereunder without prior written consent from Power Wizard. Power Wizard may, without your consent or notice, transfer, sell, pledge, encumber or assign this TOS and any rights hereunder. You acknowledge that Power Wizard assumes no responsibility under this TOS or otherwise for the provision of energy or energy services or for the performance of the terms of any contract entered into between you and any licensed electricity or natural gas provider.
Unless otherwise required by law, Member agrees that Power Wizard may transmit to you all notices required in this TOS in writing or via email to the address you provide to us. It is the your sole responsibility to notify Power Wizard and provide updated address information whenever your contact information has changed.
Subscribing Members acknowledge and consent to receive communications from Power Wizard and on its behalf for all non-marketing purposes, including but not limited to account updates. Such communications may be made by telephone, text message, e-mail, or any other platform.
All contents are © 2019 Power Wizard, LLC. All rights reserved. Power Wizard, PowerWizard.com, and all content and other materials, including, without limitation, all logos, designs, text, graphics, pictures, trade dress, information, data, software, sound files, other files and selections and arrangement thereof are the property of Power Wizard, LLC, and may be either registered trademarks or trademarks of Power Wizard, LLC. Other logos and product and company names mentioned herein may be in the trademarks of their respective owners. One or more patents or patents pending owned by Power Wizard, LLC may apply to this website and to the features and services accessible via the website.
Information You Provide
Power Wizard collects information through voluntary submissions: through our website, you can request product and Services information and enroll for a Member Services subscription. In addition, we collect your personal information required to enroll you with an energy provider. The types of personally identifiable information that we may collect for such purposes include but are not limited to: (a) your name, contact information, username, password, and other registration information; (b) transaction-related and financial information, such as when you make purchases or respond to any offers; (c) information you provide about your current energy services or about your energy usage; (d) REP/utility account number; (e) date of birth, social security number, and driver license number in order to enroll you with a third party energy provider. and (f) information you provide us when you contact us.
Information Automatically Collected From You
We and our service providers may automatically collect certain technical information from your computer or mobile device over time and across different websites when you use the Services, such as your Internet Protocol address, your general geographic location, your browser type, your operating system, the pages you view on the Services, the pages you view immediately before and after you access the Services, and the search terms you enter on the Services. This information allows us to recognize you and personalize your experience if you return to the Services, and to improve the Services and the services we provide. We and our service providers may collect this information using “cookies,” which are small text files that the Services save on your computer using your web browser and access when you return, or similar technologies.
We may collect your utility account information that we obtain to analyze your energy use, rate structures, and other characteristics, either when you provide that information to us, or automatically.
How We Use Your Information
We may use the information we collect for a number of purposes, including, but not limited to:
Under What Circumstances Do We Disclose This Information?
We may disclose the information we collect from you through the Services:
In addition, we may share de-identified reports on user demographics and traffic patterns, as well as anonymized information, with third parties.
We utilize administrative, technical, and physical safeguards designed to protect the information collected by the Services. However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Services over networks that we do not control, including the Internet and wireless networks. Power Wizard is not responsible for the functionality or security measures of any third-party product or service you use or access, including energy providers, utilities, and SMTP.
Privacy Options / Opt Out Options
We give you choices about how some of your information is handled. You may:
Power Wizard does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register an account. The Services and its content are not directed at children under the age of 13. You must be 18 years of age or over to use the Services.
Links to Other Websites and Services
The Services may contain third-party links. You acknowledge and agree that we are not responsible for the collection and use of your information by third parties that are not under our control. We are not responsible for the practices employed by websites or services linked to or from the Services, including the information or content contained at such sites or services. Your browsing and interaction on any third-party website or services, including those that have a link to or advertisement on our Services, are subject to that third party’s rules and policies. In addition, you agree that we are not responsible for and we do not have any control over any third parties that you authorize to access your information.
How To Contact Us
Last revised July 3, 2019