ShopChooseSave.com is not your electricity, telecom or any other service provider, please refer to the electricity facts label or individual provider details and terms for additional details.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICE
ShopChooseSave.com currently provides access to informational and interactive resources relating to electricity service, which may include news, articles, statistics, shopping services, and personalized content (collectively or individually, the ''Service''). Unless explicitly stated otherwise, these TOS will apply to any new features of or enhancements to the current Service. The Service is provided ''AS-IS'' for CUSTOMER use.
When CUSTOMER registers with ShopChooseSave.com (''SOE''), CUSTOMER agrees to provide true, accurate, current and complete information about himself. We have the right 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 SOE reasonably suspects that CUSTOMER has provided untrue, inaccurate, not current or incomplete information
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 responsibility 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. SOE does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. SOE shall not be in any way responsible for any Content, including, but not limited to, any errors or omissions in any Content, or any 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.
CUSTOMER understands and agrees that the Service may include 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 SOE, such as service announcements, administrative messages and the SOE Newsletter, and that these communications are considered part of SOE membership and neither CUSTOMER or prospective CUSTOMER Participants will be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new SOE properties, shall be subject to this Agreement. CUSTOMER understands and agrees that the Service is provided ''AS-IS'' and that SOE assumes no responsibility 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 fees (such as Internet service provider or airtime charges). CUSTOMER is responsible for those fees, including those fees associated with the display or delivery of CUSTOMER advertisements, if any. In addition, CUSTOMER must provide and are responsible for all equipment necessary to access the Service.
CUSTOMER shall be prohibited from using the Service to :
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- to access the Service using any robot, spider, scraper or other automated means;
- upload, post, email, transmit 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 (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (''Rights'') of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ''junk mail,'' ''spam,'' ''chain letters,'' ''pyramid schemes,'' or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
SOE may or may not pre-screen Content. However, SOE and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, SOE and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. CUSTOMER must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
* Disclosure of Account Information
SOE may access, preserve and disclose CUSTOMER's account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of SOE, its users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SOE and/or content 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.
SOE does not claim ownership of Content that CUSTOMER submits or makes available for inclusion on the Service. However, with respect to Content that CUSTOMER submits or makes available for inclusion on publicly accessible areas of the Service, CUSTOMER grants SOE the following worldwide, royalty-free and non-exclusive license(s), as applicable:
- 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 Content 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 CUSTOMER removes or SOE removes such Content from the Service.
- "Publicly accessible" areas of the Service are those areas of the SOE network of properties that are intended by SOE to be available to the general public.
NO RESALE OF SERVICES
CUSTOMER shall not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
SOE may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum disk space that will be allotted on SOE's servers, and the maximum number of times (and the maximum duration for which) CUSTOMER may access the Service in a given period of time. CUSTOMER acknowledges and agrees that SOE reserves the right to log off accounts that are inactive for an extended period of time. SOE reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE
SOE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Yahoo! shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
DEALINGS WITH ADVERTISERS
CUSTOMER's correspondence or business dealings with, or participation in promotions of, REPs 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 or advertiser. CUSTOMER agrees that SOE 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 result of the presence of such REPS or advertisers on the Service
DISCLAIMER OF WARRANTIES
CUSTOMER expressly understands and agrees that:
- USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN ''AS IS'' AND ''AS AVAILABLE'' BASIS. SOE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS 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.
- SOE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE 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 CUSTOMER THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
CUSTOMER will indemnify and hold harmless SOE and its officers, directors, agents, representatives and employees and its affiliates, 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 death of persons, arising from any act, omission, or incident arising directly or indirectly from the performance of its duties under this Agreement
Trademarks and Trade Names.
CUSTOMER agrees not to display or use, in marketing, telemarketing, advertising or otherwise, any of SOE's or its parent corporation's, 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 with SOE' s prior written consent or except as required by any applicable law, order, regulation or ruling. CUSTOMER shall not claim ownership or any other rights in SOE's Marks.
* Intellectual Property.
All information, data, documents and materials provided by SOE to CUSTOMER, or acquired or learned by CUSTOMER from SOE files, documents, employees, agents, representatives, consultants or contractors in connection with the services of CUSTOMER's performance under this Agreement shall remain the sole and exclusive property of SOE, 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).
* SOE Software.
The Service and any necessary software used in connection 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 SOE or advertisers, CUSTOMER agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Grant of Limited License.
SOE 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 third 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 SOE for use in accessing the Service.
RELATIONSHIP OF THE PARTIES
CUSTOMER, in providing the services and obligations set forth herein, is acting as an independent contractor and not as SOE's agent, partner or employee and has no fiduciary or similar relationship with SOE. 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 SOE and CUSTOMER.