TERMS / CONDITIONS
OWNERSHIP
DISCLAIMER OF WARRANTY
THIS WEBSITE, AND THE INFORMATION AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE AND OUR AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, OBTAINABILITY, ACCURACY, APPROPRIATENESS, INCORPORATION, DEPENDABILITY, COMPLETENESS OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF PERFORMANCE OR COURSE OF DEALING, OR OTHERWISE OF THIS WEBSITE, THE SITE CONTENT THEREON; (II) ANY WARRANTY THAT THIS WEBSITE AND OUR OTHER WEBSITES WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE AND (III) THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE’S PURPOSE, TITLE, INFORMATIONAL CONTENT, NONINTERFERENCE AND NONINFRINGEMENT.
LIMITATION OF LIABILITY
YOUR USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (1) THROUGH THE ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR (2) THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.
Notwithstanding the fact that PricingUtilities.com and/or PricingEnergyEfficiency.com; a division of Retail Marketing Solutions LLC, or other parties involved in creating, producing, or delivering this Website may monitor or review transmissions, postings, discussions, or chats, PricingUtilities.com and/or PricingEnergyEfficiency.com, and all parties involved in creating, producing, or delivering this Website, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
LINKS TO OTHER WEBSITES
Although this Website may be linked to other Websites, PricingUtilities.com and/or PricingEnergyEfficiency.com is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked Website, unless specifically stated herein.
PricingUtilities.com and/or PricingEnergyEfficiency.com is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Websites. PricingUtilities.com and/or PricingEnergyEfficiency.com does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Your linking to any other off-site pages or other Websites is at your own risk. PricingUtilities.com and/or PricingEnergyEfficiency.com’s Privacy Policy only applies while you are on this Website. Once you access any other Website, the privacy policy of that Website controls the use of your personal information.
JURISDICTION, VENUE, STATUTE OF LIMITATIONS
This Terms of Use shall be governed by the laws of the State of Missouri, USA, without reference to its conflict of law principles. You agree that any action at law or inequity arising out of or relating to this Website, the Terms of Use, or the Services of PricingUtilities.com and/or PricingEnergyEfficiency.com shall be filed exclusively in the state or federal courts located in St. Louis County, Missouri; and you hereby consent and submit to the personal jurisdiction of such courts.
You agree that any claim or cause of action arising out of or relating to this Website, this Terms of Use, or the Services of PricingUtilities.com and/or PricingEnergyEfficiency.com must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.
NATURE OF SERVICES
- Electric / Natural Gas Procurement: This Agreement shall become effective only upon (i) execution by Buyer of the Pricing Attachment and this Agreement; and (ii) the earlier of execution of this Agreement by the chosen Energy Supplier(s), or written confirmation by the chosen Energy Supplier(s) of its acceptance of this Agreement to Buyer. Upon such effectiveness, the chosen supplier(s) will provide PSC Services, Electricity and/or Natural Gas to meet Buyer’s full usage requirements at Buyer’s Facility (ies) and Buyer will receive and pay for PSC Services, Electricity and/or Natural Gas to meet such usage requirements. This applies the natural gas agreements as well. The chosen Energy Supplier(s) will deliver Electricity and/or Natural Gas to the Host Utility Company for delivery to Buyer’s Facility(ies). The Electricity and/or Natural Gas provided under the Agreement will be Firm. Title to, control and possession of Electricity and/or Natural Gas shall pass from the chosen Energy Supplier(s) to Buyer at the Point of Delivery. As a condition to the chosen Energy Supplier(s) obligations hereunder, Buyer must be accepted by the chosen Energy Supplier(s) and the Host Utility Company to receive a consolidated utility bill for both PSC Services, Natural gas, and Electricity provided by the chosen Energy Supplier(s) and delivery services provided by the Host Utility Company.
o Understanding the Electric / Natural Gas Switch
- You may rescind the signed contract, by contacting the Energy Supplier, before the new Energy Supplier submits the enrolment request to your Utility Company.
- You may rescind the contract and the pending enrollment, within 10 calendar days after your Utility Company processes the enrollment request, by contacting the Energy Supplier. Customers may rescind the contract and the pending enrolment by contacting either the Energy Supplier or your Utility Company.
- Energy Suppliers are independent sellers of power and energy service, PricingUtilities.com and/or PricingEnergyEfficiency.com is not representing or acting on behalf of the utility, governmental bodies (unless the energy supplier has entered into a contractual arrangement with the governmental body and has been authorized by the governmental body to make the statements) or consumer groups.
- The Utility Company remains responsible for the delivery of power and energy to the customer’s premises and will continue to respond to any service calls and emergencies and that switching to an Energy Supplier will not impact your energy service reliability.
- You will receive written notification from the Utility Company confirming a switch of the customer’s Energy Supplier.
- The fixed monthly charge is for supply charges only and that it does not include delivery service charges and applicable taxes; therefore, the fixed monthly charge is not the total monthly amount for energy service.
- Your supply costs are based off of the price chosen times the usage. For example: 500 kWh x .070 = $35 / 1000 kWh x .070 = $70 / 1500 kWh x .070 = $105
- By accepting the terms and conditions you understand: that electronic acceptance of the terms is an agreement to initiate service and begin enrolment; you should review the agreement and/or contact the Energy Supplier to learn if any early termination fees are applicable.
- Utility / Energy Efficiency: This Agreement shall become effective only upon execution by Buyer of the Memorandum of Understanding “MOU”, and/or Service Agreement. Upon such effectiveness, we will provide Utility / Energy Efficiency Services to meet Buyer’s efficiency requirements at Buyer’s Facility(ies) and Buyer will receive and pay for Utility / Energy Efficiency Services to meet such efficiency requirements. We will provide efficiency requirements as outlined in the Memorandum of Understanding “MOU”, and/or Service Agreement. The efficiency requirements under the Memorandum of Understanding “MOU”, and/or Service Agreement will be Firm.