Liberty Power Corp, LLC

Terms of Use

(Revised January 28, 2013)

PLEASE NOTE: By using this website, you will be accepting these terms of use. If you do not accept these terms, please do not use this website.

Please check the Terms of Use frequently for amendments and revisions. The most up-to-date version will always be available for review on http://www.libertypowercorp.com (“the website” or “the site”). The amendments will become effective at the time they are posted on the website. Your continued use of the website after amendments are posted will constitute your acceptance of such amendments.

We may modify or discontinue any aspect or component of the website at any time. If you breach any of these Terms of Use, we can terminate your right to use the website. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the website.

Introduction

Thank you for visiting the Liberty Power web site. Liberty Power operates through various legal entities to provide retail electricity and related services in the states open to retail electric competition. Those Liberty Power companies and affiliates (as they may change from time to time) are collectively referred to in this website as “Liberty Power”, “we, “us” or “our”, and this website  is referred to as the “Site” or the “Liberty Power Site.” Information contained on this Site may refer generally to all Liberty Power activities, or, as the context indicates, to specific jurisdictions or activities.

The trademarks, service marks, trade names, logos and other indications of origin displayed within the Liberty Power Site are owned by Liberty Power.

By using the Liberty Power Site, you represent that you agree with our Terms of Use and Liberty Power’s Privacy Policy (our “Privacy Policy”) found elsewhere on the Liberty Power Site. If you do not agree with anything found in either these Terms of Use or our Privacy Policy, please do not use the Liberty Power Site.

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Acknowledgement

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Liberty Power Site, receipt of data, access to materials and information made available through the use of the Liberty Power Site.

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Content

We provide a variety of information and services to our customers through the website. You may use the website solely for your own residential, business or informational purposes and pursuant to these Terms of Use; you may not use the website for the purpose of competing with Liberty Power. You may view and download material displayed on the website, provided that you retain all copyright, trademark, and other proprietary notices displayed on the materials.

While using the website or any service, you may not:

  1. retransmit, republish, distribute, reuse, resell, repost, re-engineer, or make multiple copies of the website or any portion thereof without Liberty Power’s prior written consent;
  2. upload, post, publish, transmit, reproduce, or distribute through the website any material that infringes any third party’s copyright, patent, trademark, service mark, trade dress, trade secret, or other proprietary rights, or which violates any contractual, fiduciary, or judicially-imposed nondisclosure obligations;
  3. engage in conduct, during use of the website, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous, or invasive of the privacy or publicity rights of others;
  4. upload, post, publish, transmit, reproduce or distribute through the website any material that contains advertising solicitations, bulk unsolicited e-mails or spam, chain letters, pyramid opportunities, or offers for the sale of goods or services;
  5. upload, post, publish, transmit, reproduce, or distribute through the website, or place any links on the website to, any material that is vulgar, obscene, profane, hateful, sexually explicit, or otherwise objectionable;
  6. alter, interfere, or disrupt the content or functioning of the website or Liberty Power’s service, including but not limited to uploading, posting, or transmitting any material that (a) contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, interfere with, capture, intercept, or expropriate the website or any data contained therein; or (b) disproportionately burdens the operation of the website;
  7. use the website to gain unauthorized entry or access to other computer systems or networks;
  8. “mirror” the website or any of its content on any other server without the express prior written permission of Liberty Power;
  9. impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any content that you post, or otherwise transmit to us via the website; or
  10. upload, post, publish, transmit, reproduce or distribute through the website any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or government order.

The website and any content, information, software, functions, and applets provided on or through the website are made available on an “as is” and “as available” basis. Liberty Power does not warrant that the website or any content or service provided in connection with the site will be timely, secure, uninterrupted, or error-free, or that defects in the website or in any content or service provided on or through the website will be corrected.

Liberty Power will not be responsible for errors, omissions, interruptions, deletions, defects, or delays in the operation or transmission of the website or any services or related content, for communication line failures, or for computer viruses associated with the operation of the website. Liberty Power makes no warranty regarding any information made available through or on the website.

LIBERTY POWER MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

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Copyrights

All content on the website, including all text, graphics, artwork, logos, buttons, icons, images, audio clips, video clips, software, and code, is the copyrighted property of Liberty Power or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. Any unauthorized use of materials on the website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations or statutes. Except as allowed in these Terms of Use, such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold, or transmitted (in whole or in part) in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of Liberty Power or the other copyright owner, as the case may be.

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Trademarks

The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs, and other identifiers (“Trademarks”) used and displayed on the website are registered and unregistered Trademarks of Liberty Power and others in the United States and other countries. No display or use of such Trademarks may be made without the express prior written permission of Liberty Power or other Trademark owner, as the case may be. You may not use any meta tags or any other “hidden text” using Liberty Power’s name or Trademarks without the express prior written permission of Liberty Power.

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Links and Third-Party Websites

The website may display links to other websites or electronic services sponsored by third parties. If you click on one of these links, you will leave the website and go to the site of a third party. In addition, if you request certain content appearing on the website, you may be taken to a third party’s site that is hosting the content. In some cases, the third party’s content may be presented in such a way that it appears you are still on the website. Liberty Power is not responsible for the content or operation of third-party websites or electronic services reached by virtue of such links or content, and the presence of such links or content does not imply that Liberty Power endorses or is affiliated with such websites, services, or third parties, or any services or products offered therein or thereby.

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Registration and Site Security

Liberty Power uses industry standard encryption technologies when transferring and receiving consumer data exchanged with the Liberty Power Site. Liberty Power service request forms use Secure Sockets Layer encryption technology during data transmission in an effort to protect your communication and maintain your privacy.

Liberty Power does not knowingly reveal any sensitive personal or similar information (“personal information”) that is provided by our customers through the Liberty Power Site to any third parties, except when requested to do so by a governmental agency having jurisdiction, or by a court of competent jurisdiction or other operation of law. We endeavor to keep all personal information provided by customers using our online forms strictly confidential and secure in an effort to prevent unauthorized use of personal information. Please refer to our Privacy Policy for more details.

By using the Liberty Power Site you agree to provide and maintain on our records, current and accurate personal information as indicated to you during our registration processes. If you provide any information which is inaccurate or outdated, or if we have reasonable grounds to question the truthfulness the information provided, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Liberty Power Site (or any portion thereof).

You also agree to promptly notify us of any unauthorized use of your username, password, other account information or personal information, or any other breach of security that you become aware of involving or relating to any Liberty Power Site. In addition, you agree to properly exit or log off from your account at the end of each session.

YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION, AND THAT WE EXPRESSLY DISCLAIM ALL LIABILITY FOR SUCH LOSSES OR DAMAGES.

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Liability

LIBERTY POWER, ITS AFFILIATES OR SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST DATA, LOST PROFITS, OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR ANY OF THE SERVICES AVAILABLE ON OR THROUGH THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold harmless Liberty Power, its affiliates and subsidiaries, and their officers, directors, employees, agents, successors, or assigns from any and all claims, liabilities, costs, and expenses (including reasonable attorneys’ and experts’ fees) arising in any way from your use of the website or the placement or transmission of any message, information, software, or other materials or content on or through the website by you or users of your online profile or related to any violation of these Terms of Use by you or users of your online profile.

The Terms of Use state the entire agreement between you and Liberty Power relating to your use of the website, and all prior and contemporaneous agreements and understandings relating to the subject matter of these Terms of Use are superseded by and merged into these Terms of Use. These Terms of Use may not be amended, except by Liberty Power.

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Governing Law, Jurisdiction and Venue

You acknowledge and agree that these Terms of Use, and any and all transactions entered into using any Liberty Power Site, shall be governed by the laws of the State of Florida without regard to its choice of law provisions. By utilizing any Liberty Power Site, you further acknowledge and agree that any dispute or claim resulting from use of any Liberty Power Site or the content thereof shall be subject to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida, you submit to the exclusive jurisdiction of such courts with regard to any such dispute or claim, and waive any and all objections to the exclusive jurisdiction of such courts. If a provision of these Terms of Use is held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. Further, all terms and conditions of these Terms of Use shall be deemed enforceable to the fullest extent permissible under applicable law, and when necessary, the court is requested to reform any and all terms or conditions to give them such effect. This provision shall survive the termination of your use of the Liberty Power sites or Liberty Power’s termination of these Terms of Use.

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Changes to Terms of Use and the Liberty Power Site

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

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

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Call Toll Free: 1-866 POWER-99 (1-866-769-3799)