GET ELECTRICITY LLC Terms of Service

GET ELECTRICITY is a platform ("Service") that allows users to compare and evaluate various services and products offered by third-party providers ("Provider" or "Providers"). Some users may even place orders for specific products with Providers. It's important to note that the information on the Website is intended for general educational purposes only. Please refer to Section 6 for more details on disclaimers and our approach to presenting Provider services and compensation.

Should you choose to engage with a Provider you discover through our Website, your contractual relationship will be directly with that Provider, not with GET ELECTRICITY. Any interactions with Providers via our Website are at your own risk, and GET ELECTRICITY assumes no responsibility for the quality of services provided by such third-party entities. Any issues, complaints, or claims related to Provider services should be directed to the Provider directly.

Our Service might provide the option to authorize GET ELECTRICITY to request your historical ELECTRICITY usage information. By granting this authorization, you confirm your authority to make these requests for all relevant Electric Service Identifiers (ESIIDs) associated with your request. You also permit GET ELECTRICITY to complete a non-expiring Letter of Authorization for the Request of Historical Usage Information Form and submit it to the applicable Transmission and Distribution Service Provider ("TDSP"). Furthermore, you agree that GET ELECTRICITY can access, store, and utilize updated historical usage information for your authorized premises indefinitely.

GET ELECTRICITY hereby grants you a limited, non-transferable, non-exclusive, revocable license to access and utilize the Website in accordance with the stipulated terms. You may utilize the Content available on the Website exclusively for personal, non-commercial purposes. The copying, modifying, or distribution of Content without express written consent is prohibited.

The trademarks and logos ("Trademarks") featured on this Website are either registered or unregistered marks of GET ELECTRICITY and other entities. Unauthorized use of Trademarks without written consent is prohibited. For permission to use Trademarks, please contact us using the details provided at the end of these TOS.

By submitting an order for services through the Website, you initiate the setup of a user account. Safeguarding the confidentiality of your account details and managing access to it is solely your responsibility. You agree to take full responsibility for all actions undertaken using your account. If you wish to terminate your account, please contact us. Except as otherwise permitted under these Terms, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Website or to display, perform, publish, distribute, transmit, broadcast, or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of GET ELECTRICITY. GET ELECTRICITY holds the right to decline service, terminate accounts, modify content, or make changes as deemed necessary. These Terms remain valid even after your account is terminated.

GET ELECTRICITY reserves the right to terminate the granted license and deny access to the Service without prior notice, at its discretion, for any reason. We also maintain the right to investigate suspected breaches of these Terms. Upon termination, your profile and submitted Content may be removed. GET ELECTRICITY also reserves the right to investigate suspected violations of these Terms or refer to law enforcement authorities any behavior that we believe may violate these Terms or applicable law. If your License is terminated for any reason, we reserve the rights in our sole discretion to: (i) remove your profile from the Website; and (ii) remove and discard any of your submitted Content. The termination of your License and account will not affect any additional right or relief to which GET ELECTRICITY may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to GET ELECTRICITY.

The Website and Service do not charge fees for visitors. Some Providers may offer compensation to GET ELECTRICITY when users sign up for their services after using our platform. This compensation may influence the prominence of plans on the Website. Factors taken into account what we believe to be the quality of the Providers’ content, the variety of Providers’ plan offerings, Providers’ reviews and ratings, Providers’ deposit or credit policies, Providers’ fees, and other factors that we believe are useful.

As a User of the Service, you agree not to:

• Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any GET ELECTRICITY Content or enforce limitations on the use of the Service or the GET ELECTRICITY Content contained therein.
• Copy or distribute any part of the Service, including any GET ELECTRICITY Content, in any medium.
• Disparage, tarnish, or otherwise harm, in our opinion, us or the Service.
• Use any information obtained from the Service in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Service in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Service.
• Upload or transmit (or attempt to upload or to transmit) viruses, worms, Trojan horses, chain letters, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, spiders, offline readers, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any GET ELECTRICITY Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Service.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
• Attempt to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Service.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software.
• Make any unauthorized use of the Service, including collecting usernames or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating any Member Accounts by automated means or under false pretenses.
• Use the Service as part of any effort to compete with us or otherwise use the Service or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Service to advertise or offer to sell goods and services.
• Sell or otherwise transfer your Account.

(a) Inbound Links: You may link to publicly accessible sections of the Website under the conditions stipulated in these Terms; provided, however, that any site that incorporates a link to this Website must not: (i) create a browser or border environment around any of the content on the Website or otherwise mirror any part of the Website; (ii) imply that GET ELECTRICITY is endorsing or sponsoring the site or any products or services offered by or through such a site; (ii) present false information about, disparage, or otherwise harm GET ELECTRICITY or any other company, organization, service, or product described on the GET ELECTRICITY Website or Service; (iv) use any trademark of GET ELECTRICITY or of any other organization without the prior written permission from the trademark’s owner; or (v) contain content that GET ELECTRICITY, in its sole opinion, deems offensive or otherwise objectionable. In addition, the site must be owned and controlled by you or the person or entity placing the link or otherwise permit you to enable such a link subject to these Terms. By linking to the Website, you agree always to comply with these Terms, to be liable to us for any damages (statutory or otherwise) relating to your violation of these Terms, and to indemnify us as provided in Section 10.

(b) Outbound Links: Outbound links leading to third-party websites are provided for reference only. Separate terms govern these external websites. If you follow outbound links, you will be legally bound by the terms and conditions of those other websites. GET ELECTRICITY makes no representations whatsoever concerning those other organizations or any products or services they may offer.

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ANY GET ELECTRICITY CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GET ELECTRICITY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GET ELECTRICITY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT (A) THE GET ELECTRICITY CONTENT IS ACCURATE, RELIABLE, OR CORRECT; (B) THE SERVICE WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (E) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF THE SERVICE.

CONTENT AND WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES. GET ELECTRICITY DISCLAIMS ALL GUARANTEES OR WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMEN, FITNESS FOR A PARTICULAR PURPOSE, OR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE

OUR ESTIMATES OF AND COMPARISONS OF PROVIDER SERVICES ARE BASED ON INFORMATION SUPPLIED TO US BY PROVIDERS. THEREFORE, WE CANNOT AND DO NOT GUARANTEE THAT OUR ESTIMATES OR COMPARISONS ARE ACCURATE OR THAT THE SERVICES OFFERED BY PROVIDERS ON OUR SERVICE ARE THE ONLY SERVICES AVAILABLE TO YOU OR ARE THE BEST OR LOWEST-PRICED SERVICES AVAILABLE TO YOU. THE PROVIDERS APPEARING ON OUR SERVICE ARE INDEPENDENT THIRD PARTIES EXCEPT TO THE EXTENT EXPRESSLY DESCRIBED IN THESE TERMS. YOUR ACTUAL COST FOR SERVICES WITH ANY PROVIDER WILL BE DETERMINED BY YOUR INDIVIDUAL AGREEMENT WITH A PROVIDER IN ACCORDANCE WITH THEIR TERMS OF SERVICE AND ANY OTHER APPLICABLE AGREEMENT BETWEEN YOU AND THEM, AND OTHER FACTORS OUTSIDE OUR CONTROL.

THE DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED UNDER LOCAL LAW.

You agree to defend, indemnify, and hold harmless GET ELECTRICITY and its subsidiaries, agents, licensors, managers, owners, and other affiliated companies, and their respective employees, contractors, agents, officers, managers, partners, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney’s fees) arising from: (A) your use of and access to the Service, including any data or content transmitted by you; (B) your creation or transmission of any Contributions; (C) your violation of these Terms, including your breach of any of the representation, warranties, or covenants in these Terms; (D) your violation of any Third-Party Right, including any right of privacy, publicity rights, or intellectual property rights; (E) your violation of any law, rule, or regulation of the United States or any other country; (F) your interactions with any other User or use of any Third-Party Website or Third-Party Content, or (G) any other party’s access and use of the Service with your unique username, password, or other appropriate security code. However, you will not be required to indemnify and hold us or any other indemnified party harmless from and against any applicable claims or demands to the extent resulting from GET ELECTRICITY’s own negligent conduct.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any applicable claim, action, or proceeding which is subject to this indemnification upon becoming aware of it (but the failure to notify will not impair our recovery unless you are materially prejudiced).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GET ELECTRICITY, ITS AFFILIATES, OWNERS, AGENTS, MANAGERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL GET ELECTRICITY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR MEMBER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GET ELECTRICITY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; OR (G) CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, INCLUDING ANY USER. IN NO EVENT SHALL GET ELECTRICITY, ITS AFFILIATES, OWNERS, AGENTS, MANAGERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF EITHER (I) WITH RESPECT TO HOSTS, THE AMOUNTS PAID BY GET ELECTRICITY TO YOU IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, AND WITH RESPECT TO GUESTS, THE AMOUNTS YOU PAID TO GET ELECTRICITY IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (II) US$100.00. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GET ELECTRICITY AND YOU.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GET ELECTRICITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. YOU SHOULD CONSULT YOUR LAWYER FOR MORE DETAILED INFORMATION AND LEGAL ADVICE.

YOU HEREBY RELEASE US (AND OUR ITS AFFILIATES, OWNERS, AGENTS, MANAGERS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR ITS LICENSORS) FROM ALL DAMAGES OF EVERY KIND AND NATURE (INCLUDING DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU MAY HAVE WITH ANOTHER USER.

GET ELECTRICITY is not responsible for examining or evaluating the business practices, actions, omissions, or services of any Provider. If you elect to utilize the Service to facilitate an order with a Provider, you explicitly agree that you have carefully reviewed any applicable terms and conditions of that Provider’s service and explicitly agree that the Provider’s terms and conditions prevail over any conflicting information provided by the Service. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A PROVIDER LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE GET ELECTRICITY AND ITS SUBSIDIARIES AND AFFILIATES, AND OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LEGAL REPRESENTATIVES, AND SERVICE OR CONTENT PROVIDERS OF EACH OF THEM, FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

Website content and intellectual property rights belong to GET ELECTRICITY. Unauthorized use is prohibited. You can display and print content for personal, non-commercial use. Any and all unlicensed reference or use of copyright-protected works of third parties is done solely for the purposes of comment, criticism, and/or teaching as permitted under the fair use provisions of section 107 of the Copyright Law of the United States. Unless otherwise stated herein, none of the Website Materials may be copied, reproduced, modified, distributed, sold, broadcast, stored, or otherwise used without the express permission of GET ELECTRICITY or the original copyright holder. You may display and print Website Materials solely for your personal, non-commercial use, provided that you do not modify the Website Materials and that you retain all copyright and other proprietary notices contained in them.

GET ELECTRICITY and Providers or other third-party services may provide software for download or for use on the Website. Use of software provided on the Website or by the Service is protected by copyright law and governed by the terms of the end-user license agreement that accompanies such software. You may not install or use any software that contains an end-user license agreement unless you first agree to the terms of the end-user license agreement.

GET ELECTRICITY encourages you to report any content on the Website that you believe infringes your rights. Only the intellectual property rights owner or a person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Website infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Services can be contacted by sending a letter to the postal mailing address shown at the end of this TOS.

We reserve the right to remove any content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing content.

GET ELECTRICITY strictly prohibits and does not tolerate discrimination against GET ELECTRICITY Users, employees, applicants, interns, or any other covered persons on the basis of age, race (including hair or hairstyles), color, religion, creed, national origin (including ancestry), ethnicity, sex (including pregnancy, gender identity, and transgender status), gender, physical or mental disability (including gender dysphoria and similar gender-related conditions), alienage or citizenship status, military status (including past, current, or prospective service in the uniformed services), genetic information, predisposing genetic characteristics, marital status, domestic violence victim status, familial status, actual or perceived sexual orientation, unemployment status, caregiver status, partnership status, credit history, salary history, or and any other characteristic protected by applicable federal, Texas state, or City of Arlington local law (collectively, a person’s “Protected Characteristics”). Each of GET ELECTRICITY’s employees, volunteers, interns, other workers, agents, and representatives is prohibited from engaging in unlawful discrimination. Similarly, by applying for or opening a Member Account, and by using the Service, you agree to refrain from engaging in any activity or making any statements through or in connection with your use of the Service that would constitute discrimination—whether discouraging, encouraging, or indicating a preference for or against—of any kind on account of perceived or actual Protected Characteristics in relation to an GET ELECTRICITY employee, volunteer, intern, other worker, agent, representative, or User.

GET ELECTRICITY, LLC is a registered ELECTRICITY broker in Texas, license number BR230243. We provide ELECTRICITY information and price comparison tools for consumers. Our affiliations are disclosed on the Website.

GET ELECTRICITY, LLC is a registered ELECTRICITY broker with the Public Utility Commission of Texas (PUCT). GET ELECTRICITY, LLC provides ELECTRICITY information and pricing comparison tools for consumers on the GETELECTRICITY.com Website. GET ELECTRICITY, LLC is not affiliated with every Retail Electric Provider (REP) for which we provide information on the Website, and the fact that a particular REP’s information may appear on our comparison Website is not intended to suggest any affiliation, representation, or endorsement. Registered names and PUCT registration numbers of all REPs currently affiliated with GET ELECTRICITY, LLC are: 4CHANGE ENERGY (PUCT 10041), FRONTIER UTILITIES (PUCT 10169), GEXA ENERGY (PUCT 10027), PAYLESS POWER (PUCT 10110), BROKER ONLINE EXCHANGE LLC (PUCT 190115) Additional brokerage services are offered to commercial customers. For more information visit: https://www.puc.texas.gov. Inquiries about the Service or the Website can be directed to the Public Utility Commission of Texas by phone: 1-888-782-8477 | Austin: 512-936-7120 | TTY: 1-800-735-2988 | or by email: customer@puc.texas.gov.

The Service is controlled and operated from GET ELECTRICITY’s facilities located in the United States. GET ELECTRICITY makes no representations that the Service is appropriate for use in other locations, even if it is accessible from locations outside the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blacklisted or subject to sanctions by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

A. Initial Dispute Resolution. We are available by email at info@Getelectricity.com to address any concerns, you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and we agree to use our best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

B. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 16(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms (including their formation, performance, and breach) or our Service, or the parties’ relationship with each other and/or your use of the Service, shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

The parties understand that, absent from this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.

C. Class Action and Class Arbitration Waiver. You and GET ELECTRICITY each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, class arbitration, or other representative action, and you and GET ELECTRICITY each expressly waive our respective right to file a class action or class arbitration or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 15(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

D. Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

E. Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

F. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 16(B) and 16(C) by sending written notice of your decision to opt-out to info@Getelectricity.com. The notice must be sent within thirty (30) days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

G. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 22(B) do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 16, the parties agree that any litigation between them shall be filed exclusively in in any state court located within Dallas County, Texas or federal court within the Northern District of Texas (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in any state court located within Dallas County, Texas or federal court within the Northern District of Texas for any litigation other than small claims court actions. In the event of litigation relating to these Terms or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.

Where notices are required or permitted under these Terms, GET ELECTRICITY will contact you via electronic communications (e.g., email, SMS messaging, application notifications, push notifications, etc.) in lieu of any other tangible notification such as mailings, personal deliveries, or service of process. We view this as a more efficient and effective means of communication with each of our Users, and you hereby acknowledge and agree that such notification is effective for all purposes as it is delivered by us. We reserve the right to determine the most efficient means for providing notifications to our Users. We further recommend that you add info@Getelectricity.com to your email address book to help ensure you receive email notifications from us.

These Terms, together with all amendments, all documents referenced in these Terms, and any other legal notices and agreements published by GET ELECTRICITY via the Service, constitutes the entire agreement between you and GET ELECTRICITY concerning the Service and supersedes any prior agreement or understanding among them in respect of such subject matter.

If any provision of these Terms, or the application of a provision to any person, entity, or circumstance, is held invalid under the law of any jurisdiction, the remainder of these Terms or the application of such provision to other persons, entities, or circumstances or in other jurisdictions shall not be affected thereby.

Titles or headings appearing at the beginning of any of such subdivisions are for convenience only and shall not constitute part of such subdivisions and shall be disregarded in construing the language contained in such subdivisions.

Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Service, please send an email to info@Getelectricity.com. 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., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.

We may assign our rights under these Terms without your approval and with or without notice to you.

If any of our employees offers to modify the terms of these Terms, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

If you have any questions about these Terms or the Service, please contact us at info@Getelectricity.com.

GET ELECTRICITY, LLC
Attention: Legal Department
539 W. Commerce St #1503
Dallas, Texas 75208

Thank you for choosing GET ELECTRICITY as your energy resource.

These Terms constitute the entire agreement between you and GET ELECTRICITY.