Terms Of Service for Gold VIP Members

Welcome to Power Wizard, LLC’s (“Power Wizard,” “we,” “our” or “us”) website and terms of service. This page explains the terms for using our website, shopping tools, mobile applications, and any other software, services or products we provide (collectively, the “Service/s”). The Service is provided for your personal, noncommercial use only. By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” or similar language of consent on the website, you are communicating that you have read, understood, and agree to be bound by these Terms of Service (“Terms of Service” or “TOS”), and to the collection and use of your information as set forth in our Privacy Policy and incorporated herein. Power Wizard reserves the right to modify these terms and may provide notice of any changes as described below. These Terms of Service apply to all visitors, users, Members and others who access or use the Service (“Users”). You must be 18 years or older to use our Services. If you do not agree to be bound by these Terms of Service and to abide by all applicable laws, you must discontinue use of the Services immediately. As long as you comply with these Terms of Service, Power Wizard grants you a personal, noncommercial, non-exclusive, non-transferable, limited privilege to enter and use this website and the Services.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND THEM. 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 provides an energy-shopping brokerage website that enables energy users to shop for, learn about, compare and enroll with retail energy service providers. There is no fee to Users for the Services. Participating energy providers may enter into contracts with Power Wizard to be listed on the Power Wizard website, and Power Wizard may receive a commission from energy providers you enroll with. While we provide a wide range of offers, our website does not include information about every product or service that may be available to you. All information is presented without any warranty or guarantee to you, and all offers are subject to additional terms and conditions of the energy provider.

To shop for and enroll on an energy plan, Power Wizard may request information 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 enroll you at our website or via phone, or direct you via links or other contact methods to the provider’s website to enroll. Enrollments and your contracts with energy providers and any other third parties are between the energy provider or third party and you. Power Wizard is not a party to such contracts and shall have no liability or responsibility to you or energy provider, including with respect to any disputes arising out of the contract between you and a provider or any other third party. Power Wizard has no liability for your experience at any third-party website that may be provided via links at our website.

A User may authorize 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, or your utility or Transmission and Distribution Utility (TDU). Upon request, Power Wizard will share any and all log-in credentials with you that may have been set up on your behalf. You understand and agree that by using the Services you are authorizing Power Wizard to perform 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.

Users 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.

There is no fee to users for the Services. Energy providers shown on the website may have agreements with Power Wizard pursuant to which Power Wizard may receive a fee when users enroll in the provider’s service via Power Wizard. The compensation we receive and other factors, such as your location, may impact what ads and links appear on our website, and how, where, and in what order ads and links appear. Other factors may include the plans’ prices, what we believe to be the quality of the providers’ content, the type of providers’ plan offerings, providers’ reviews and ratings, providers’ credit policies, providers’ fees, and other factors. Some advertisers may pay us to display ads, others may pay us when you click on certain links posted on our website, others may pay us when you call, others may pay us when you apply for and receive a product, and others may pay us when you submit your information to request a quote or other offer details. The compensation we receive and other factors, such as your location, may impact what ads and links appear on our website, and how, where, and in what order ads and links appear. Providers Gexa Energy and Frontier Utilities are affiliated with Power Wizard. See our broker disclosure page for more information.

• GEXA Energy
• Frontier Utilities
• 4 Change Energy
• Veterans Energy
• Express Energy
• APG&E
• Payless Power
• Chariot Energy
• CleanSky Energy
• Atlantex Power

Power Wizard reserves the right, in its sole discretion with or without prior notice, to do any one or more of the following, to the extent allowed by applicable laws and regulations: (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 information, Power Wizard will in no way be responsible or liable to you for any such breach.

When you provide information about yourself to us, you agree to provide accurate, current, and complete information about yourself. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Services and refuse any and all current or future use of the Services or any portion thereof. Your information will be handled by us in accordance with our Privacy Policy.

Power Wizard reserves the right, to the maximum extent allowed by law, in our sole discretion, to terminate your access to the website and Services for any reason or no reason, including without limitation for violation of these Terms of Service.

Power Wizard is licensed or certified to provide energy broker, shopping and advisory services in those states that require it, including but not limited to Texas. See our Texas broker disclosure webpage for more information.

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 any modification to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable modification. By not terminating your account within seven days after receiving a notice of modifications to these 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 other wise enhance(s) the current features of the Services shall be subject to these TOS.

WE RESERVE THE RIGHT TO CORRECT ERRORS ON THE WEBSITE, TO CHANGE OR UPDATE THE WEBSITE WITHOUT NOTICE, AND TO CANCEL OR REFUSE TO ACCEPT ANY ENROLLMENT PLACED THROUGH THE WEBSITE BASED ON INCORRECT PRICING, TERMS OR OTHER INFORMATION AT ANY TIME, INCLUDING AFTER YOUR RECEIPT OF AN ENROLLMENT CONFIRMATION.

WE RESERVE THE RIGHT TO MODIFY OR CHANGE THE POWER WIZARD WEBSITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT, INFORMATION OR MATERIALS APPEARING ON OR AVAILABLE THROUGH THE POWER WIZARD WEBSITE FOR ANY REASON WHATSOEVER AND WITHOUT PRIOR NOTICE TO YOU.

WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CHANGE, MODIFY, ADD OR DELETE PORTIONS OF THESE TERMS OF SERVICE AT ANY TIME WITHOUT NOTICE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE POWER WIZARD WEBSITE FOLLOWING ANY AMENDMENT OF THESE TERMS OF SERVICE WILL SIGNIFY AND CONSTITUTE YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS OF SERVICE.

Although we use reasonable efforts to keep the Power Wizard website accurate and up to date, it may contain typographical and display errors, inaccuracies or omissions and may not be complete or current. POWER WIZARD SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR SUCH ERRORS, INACCURACIES OR OMISSIONS, INCLUDING BUT NOT LIMITED TO AS THEY MAY RELATE TO PRICING AND TERMS.

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 these Terms of Service, 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 by you including without limitation misleading, false, or inaccurate information; or (vi) your willful or reckless misconduct.

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, Services 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.

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 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 THESE 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”) UNDER ITS CONSUMER RULES FOR ARBITRATION AND THIS AGREEMENT. THE SITE OF SUCH ARBITRATION SHALL BE HOUSTON, TEXAS. ARBITRATOR SHALL APPLY TEXAS LAW WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES. 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 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.

These Terms of Service constitute the complete and exclusive agreement between the parties and supersede any and all other agreements between the parties, oral or written, regarding the subject matter of these TOS. If any provision of these 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 these 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 these TOS and any rights hereunder. You acknowledge that Power Wizard assumes no responsibility under these 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, user agrees that Power Wizard may transmit to you all notices required in these TOS in writing or via email to the address you provide to us. It is your sole responsibility to notify Power Wizard and provide updated address information whenever your contact information has changed.

If you provide us your phone number, including mobile number, and email, you consent to receive calls and communications from Power Wizard and on its behalf for all non-marketing purposes, including but not limited account updates, and including using automated technology and/or prerecorded phone messages. Such communications may be made by telephone, text message, e- mail, or any other platform. You acknowledge you may receive marketing emails and may opt out of such emails at any time by clicking the unsubscribe or opt out link in the email.

All contents are © 2019-2025 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 trademarks, logos and brand and product names herein are property of their respective owners.