Terms of Use
Please read these terms of use ("Agreement") carefully before using the services of Energy Gopher
Introduction

Energy Gopher, LLC (“We,” “us,” “our” or the “Company”) together with its affiliates and subsidiaries, owns and provides the services available at this website (the “Website”), and also through one or more mobile-optimized or -accessed websites, services, or applications (collectively, the “Mobile Apps”), to you subject to the following Terms and Conditions and our separate Privacy Policy (collectively, “Terms of Use”). Please read these Terms of Use carefully before using our Website or Mobile Apps. If you do not agree to the Terms of Use, please do not use our Website or Mobile Apps. By using the Website or the Mobile Apps, you are agreeing to be bound by all of the terms and conditions of the most current version of the Terms of Use. We will use our best efforts to notify you of updates and changes to these Terms of Use by other sending an email to you directly, notice to your Energy Gopher Account or provide notice on our website; however, these Terms of Use may be updated by us at any time without notice to you. Your continued use of the Website or Mobile Apps following any changes to the Terms of Use will mean you accept and agree to be bound by such changes.

Energy Gopher provides an online platform where registered users (“Users”) may review and purchase from third party suppliers (“Suppliers,” which is defined to include third parties who are permitted to offer retail electricity, natural gas, and other related energy services (“Commodity Products”).

The Website and Mobile Apps are offered and available to individuals who are 18 years of age or older. By using the Website and Mobile Apps, you represent and warrant that you are 18 years of age or older. If you do not meet this requirement, you must not access or use the Website or Mobile Apps and should not send any information about yourself to us through the Website or Mobile Apps. If you are accessing or using our Website on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

The terms “partner” or “partnership” or any derivative thereof used anywhere on the Website are not to be construed so as to create a legal partnership between any individual, or entity, and the Company.

Use of Site

The Site is the intellectual property of Energy Gopher. Through the Website and the Mobile Apps, we provide a variety of information and services to our customers and potential customers. We provide third parties with the opportunity to list their products and services (“Products”). While we use our best efforts to provide accurate and up to date information, We do not warrant that product descriptions, pricing, or any other content on the Website, regardless of its source, is accurate, complete, reliable, current or error-free; this includes pricing and rate information provided by Suppliers. No representation is made as to the completeness or accuracy of the information contained on the Website. Your use of the Site and any material obtained through the use of the Site is at your own discretion and risk and you are solely responsible for any damage to any computer system, Site or device or any loss of data that results from such use. You should be aware that this information may be incomplete, may contain errors or may be out of date. You may use the Website and the Mobile Apps solely for your own internal residential or internal business purposes and pursuant to these Terms of Use. You may not use the Website or the Mobile Apps for the purpose of competing with us.

These Products are sold by third-parties and are not sold by Us. These third-party entities may compensate us for listing their products or may compensate us when you purchase one of their products either directly on our Website or indirectly on the third-party’s website. Any question, complaints or claims related to the Products should be directed to the appropriate third-party seller (See section on Disclaimers below).

Conduct of Users

You agree that you are solely responsible for your use of the Website and Mobile Apps. You will be truthful and will not misrepresent any demographic or personal information during registration, nor violate reasonable ethical, moral or professional standards in any content that is uploaded, posted, or distributed. You agree that you will not collect information about third parties via the Website or Mobile Apps or use any such information for the purpose of transmitting or facilitating the transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation. You agree that you will not engage in the systematic retrieval of data or other content from the Website or Mobile Apps to create or compile, directly or indirectly, a collection, compilation, database, or directory, without the Company’s prior written consent. You agree to comply with all applicable laws in your use of the Website and Mobile Apps.

User Account Administration

You may choose to register a login account on the Website or Mobile Apps to access various interactive features and online services. By registering on the Website or Mobile Apps, you agree to provide accurate and current information about yourself as prompted by the Website and Mobile Apps login registration pages and maintain and promptly update your online profile information to keep it accurate and current.

When you register using the Website or Mobile Apps login registration, you will select or may be assigned a user ID and password. We may refuse to grant to you the user ID or password you request. Your username and password are for your personal use only. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under your password and user ID. You agree to immediately notify the Company of any unauthorized use of Your user ID and password.

By accessing our Website, registering for an account, using our Services and/or purchasing Products on your Site, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under local law.

Electronic Communications

By registering with Us you consent to receive electronic communications from Energy Gopher, its affiliates or partners, including Suppliers. These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. Unless specified otherwise, any notices or other communications to You will be provided electronically, either via email from Us, or through a notification to your account. You agree that any notices, agreements, disclosures or other communications that We send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

By registering with Us you consent to receive electronic communications from Energy Gopher, its affiliates or partners, including Suppliers. These communications may include notices about your account (e.g., password changes and other transactional information) and are part of your relationship with us. Unless specified otherwise, any notices or other communications to You will be provided electronically, either via email from Us, or through a notification to your account. You agree that any notices, agreements, disclosures or other communications that We send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

Copyrights

All information and material including images and text on this Website and within the Mobile Apps are the property of, or used under license by, the Company and is subject to copyright protections. The copyright in all material provided on the Website or within the Mobile Apps is held by the Company or by the Company’s licensor. You acknowledge and agree that the Website and the Mobile Apps contain proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Website and the Mobile Apps, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content are the property of the Company or its content providers and are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Company does not grant any license or authorization to any user of its copyrightable material or other intellectual property by placing them on the Website or within the Mobile Apps. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner. However, you may print a copy of the information on the Website or within the Mobile Apps for your personal, non-commercial internal use or records. In so doing, you may not modify the material and you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you ownership rights in the information and terminates automatically if you breach any of these Terms of Use. If you make any other use of the Website or the Mobile Apps, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to penalties.

If you believe content on the Website is copied in a way that constitutes copyright infringement, pursuant to the Digital Millennium Copyright Act, (17 U.S.C. 512 (c)(3)), please provide the following information to us at the email under Contact Information below: (A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (B) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (D) Information reasonably sufficient to permit us to contact the complaining party; (E) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks

The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Website and in the Mobile Apps are registered and unregistered Trademarks of the Company and/or its affiliates. Nothing on the Website or within the Mobile Apps should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website or within the Mobile Apps, without the prior written permission of the Trademark owner. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The Company’s name(s) and Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Website or through the Mobile Apps, without prior, written permission. The Company prohibits use of the Company name or Trademarks as a metatag or as a "hot" link to any Company website unless establishment of such a link is approved in advance by the Company in writing. If you have any questions regarding any trademarks on the Website or within the Mobile Apps, please contact the Company.

Inbound Links/Third Party Linking

There are links on the Website and Mobile Apps that allow you to visit the sites of third parties. Furthermore, links to this Website may be provided from other websites either known or unknown to Us. Links from third-party sites nor the companies to whom they belong are controlled by the Company. Access to any other web site linked to or from the Website is at your own risk. We have not reviewed and are not responsible for the content of any third-party web sites linked to or from the Website. The Company makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. The Company has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

Monitoring

The Company has the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze any use of and access to the Website and Mobile Apps, including to determine compliance with these Terms of Use and any other rules that may be established by us from time to time. The Company also has the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any content made available through the Website and Mobile Apps, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any content you make available, and you agree to indemnify the Company for all claims resulting from any content you make available.

Communication Preferences

When you sign up for our Services or newsletter(s), we will send periodic emails to you regarding the Services or to tell you about services we believe will be of interest to you.

If at any time you wish not to receive any future newsletters or marketing communications or you wish to have your name deleted from our mailing lists, please following the unsubscribe instructions included in these emails or contact us at the email information below. We will use commercially reasonable efforts to process such requests in a timely manner.

By providing your phone number you expressly consent to Energy Gopher and/or its agents calling or texting you using an automated telephone dialing system and / or prerecorded messages, even if you incur charges for receiving such communications. For example, we may send you informational text messages to your mobile device in order to better service your account. You can revoke your consent to receiving informational text messages at any time by replying “STOP” or following any other instructions included in these text messages or you can contact us at the email address provided below.

Surveys

We may, from time to time, ask you to participate in surveys about our Website. Participation in these surveys is completely voluntary. These surveys may be conducted by our third-party service providers. Such third-party service providers are authorized to use your information only as necessary to conduct these surveys for us. We will use survey results to continue to improve the Platform and the Services. We will use your Personal Information from our surveys to send you information about our products and services and about third-party products and services. We may combine your survey information with other data we have about you, and if such other data is Personal Information, the combined data shall be considered Personal Information under the Energy Gopher Terms of Use and Privacy Policy. We may also anonymize and aggregate the survey information and sell it to third parties

Feedback

We may provide you with a mechanism to provide feedback, suggestions, ideas about the Website or comments on the services we offer (the "Feedback"). You agree that we may, in our sole discretion, use the Feedback in any way, including in: testimonials, online promotions, and in marketing material or future modifications to the Website or Services. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, a perpetual, worldwide, fully transferable, irrevocable, without compensation, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback, or portions of it, in any manner and for any purpose, without compensation to you.

Any Feedback provided by you or other Website Users is provided for information purposes, and do not guarantee any level of performance by Us or other a third-party in any given transaction.

Disclaimer of Warranties

THE WEBSITE AND MOBILE APPS, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR MOBILE APPS, ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR MOBILE APPS, OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR MOBILE APPS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WEBSITES OR MOBILE APPS. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE AND MOBILE APPS IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND MOBILE APPS AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE AND MOBILE APPS MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY IS IN NO WAY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE WEBSITE OR MOBILE APPS.

Limitation of Liability & Release

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE AND MOBILE APPS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR BODILY INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE AND MOBILE APPS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE ENERGY GOPHER FROM RESPONSIBILITY, LIABILITY, CLAIMS, DEMANDS, AND/OR DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN (INCLUDING, BUT NOT LIMITED TO, CLAIMS OF NEGLIGENCE), ARISING OUT OF OR RELATED TO DISPUTES BETWEEN USERS AND THE ACTS OR OMISSIONS OF THIRD PARTIES. YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER STATE STATUTE OR COMMON LAW THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

Indemnity

You agree to defend, indemnify and hold harmless the Company from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or threatened breach of these Terms of Use; (ii) your submissions to the Company; (iii) your use of the Website and Mobile Apps; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; or (vi) any misrepresentation made by you. The Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with the Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of the Company. Your obligations under this paragraph shall survive termination of these Terms of Use or your cessation of use of the Website or the Mobile Apps.

Jurisdictional Issues

The Website and Mobile Apps are controlled and operated by the Company from the United States and is not intended to subject the Company to the laws or jurisdiction of any state, country or territory other than that of the United States. The Company does not represent or warrant that the Website or Mobile Apps or any parts thereof are appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Website or Mobile Apps, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website’s and Mobile Apps’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Filtering

Pursuant To 47 U.S.C. Section 230(d) as amended, we notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website or Mobile Apps, You may also contact us by writing to us at the information below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Governing Law and Severability

This Terms of Use and your use of the Website and Mobile Apps is governed by and construed in accordance with the laws of the United States and the State of New York, excluding its conflict of law provisions. If any term of the Terms of Use is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

Any cause of action with respect to the Company or this Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred. The venue for all claims is New York, New York.

Dispute Resolution and Agreement to Arbitrate

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Energy Gopher Website, or the content thereof (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”), using the English language, administered by the American Arbitration Association (“AAA”) using its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section).

The following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

Privacy Policy

You agree that any personal information that you provide through the Website or Mobile Apps will be used in accordance with the Company’s Privacy Policy.

Complete Agreement; No Waiver

These Terms of Use, together with the Privacy Policy, both as updated, reflect our complete agreement regarding the use of the Website and the Mobile Apps and supersede any prior agreements, representations, warranties, assurances or discussion related to the use of the Website and Mobile Apps. No failure or delay in exercising any of the rights, powers, or remedies under these Terms of Use will operate as a waiver of that or any other right, power, or remedy, and no waiver or modification of any term of these Terms of Use will be effective unless in writing and signed by an authorized representative of the Company.

Assignment

These Terms of Use, and the Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you.

Termination

These Terms of Use are effective unless and until terminated by either you or the Company. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the Website and Mobile Apps. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the Website or Mobile Apps, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or the Company, you must promptly destroy all materials and other content downloaded or otherwise obtained from the Websites and Mobile Apps, as well as all copies of such content, whether made under these Terms of Use or otherwise.

To Contact Us

If you have any questions or comments, please contact us at:

Energy Gopher, LLC

888 8th Ave, Ste. #338

New York, NY 10019

support@energygopher.com


Last updated on Jan 28, 2020.

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