Acceptance of Terms
Description of Service
Zentility Inc. seeks to provide alternative competitive utility rates to its customers, by switching the customer to the lowest available rate at the time the customer signs up for the service and at each renewal (the "Service"). Zentility Inc. does not guarantee that it will furnish you with the lowest rate available in the market or that your electric bills will decrease in amount as a result of your use of the Service. A customer's electric bill is based on a number of factors, including without limitation rate and levels of energy usage, and you acknowledge that your energy bill may increase due to one or more of these factors. Unless explicitly stated otherwise, the Terms will apply to any new features of or enhancements to the current Service. The Service is provided "AS-IS" for your use.
When you register with Zentility Inc., you agree to provide true, accurate, current and complete information about yourself. We have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if we reasonably suspect that you have provided untrue, inaccurate, not current or incomplete information.
Authorization for Zentility Inc. to Act on your Behalf
By registering and paying for the Service and/or by otherwise giving your electronic consent, you authorize Zentility Inc. to act on your behalf, including without limitation by contacting your electric utility provider and taking such other action as may be necessary to provide the Service. You acknowledge and agree that Zentility Inc. may utilize your electric utility account number and other personal information on your behalf to effect the transfer of your electricity service.
Use of this Website
In order to access some features of the website, you will have to create an account. You are not allowed to use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify Zentility Inc. of any unauthorized use of your password or account or any other breach of security. Zentility Inc. is not liable for any loss or damage arising from your failure to comply with this Section 5.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the website in a manner that sends more request messages to the forgitit, LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Zentility Inc. grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Zentility Inc. reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information including without limitation account names, email addresses, or other information from the website, nor use the communication systems provided by the website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the website.
The Zentility Inc. website
Intellectual Property Rights
The content on the website, including without limitation, the text, graphics, and photos created by and for Zentility Inc., interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Zentility Inc., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Zentility Inc. or as expressly provided herein. Zentility Inc. reserves all rights not expressly granted in and to the website and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of information of third parties obtained through the website for your commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
Rules of Conduct
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the website and/or the Service. In addition, your use of the website is conditioned on your compliance with the following rules of conduct. You agree not to:
(A) Use the website for any fraudulent or unlawful purpose.
(B) Except as allowed under applicable law, send unsolicited commercial email to the email addresses provided on or through the website. The posting of email addresses is not to be construed as, and does not constitute consent to use of them by any seller of services, any compiler of mailing lists, or any other non-authorized use without prior permission from Zentility Inc. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited.
(C) Impersonate any person or entity, including, but not limited to, any website employee, agent, or representative; forge any TCP/IP packet header or any part of the header information in any e-mail; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; or express or imply that we endorse any statement you make.
(D) Transmit to or from this website any unlawful, threatening, libelous, defamatory, obscene, inflammatory or pornographic material or other material that could give rise to any civil or criminal liability under the law.
(E) Attempt to probe, scan or test the vulnerability of our website, system or network or to breach security or authentication measures without proper authorization.
(F) Restrict or inhibit any other person from using the website, including by means of hacking or defacing any portion of the website.
(G) Interfere or attempt to interfere with the proper functioning of the website or Zentility Inc., including, without limitation, via means of submitting a virus to the website or Zentility Inc., overloading, "flooding", "mailbombing" or "crashing."
(H) Interfere with or violate any other website visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about website visitors or users, or about Zentility Inc., other employees and representatives identified on the website, without their express consent.
(I) Sell, resell, transfer, license, or exploit for any commercial purposes any use of or access to the website.
(J) Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the website.
(K) Frame or mirror all or any part of the website without our prior express written authorization.
Electronic Disclosure and Consent
The Information may include, without limitation, disclosures and notices which may be required under federal and state law; and information, agreements, disclosures and notices that are being provided to you in connection with the transactions you may enter into in an electronic form, even if the information, agreements, disclosures and notices are not required by applicable laws, rules, regulations or ordinances.
If you prefer not to consent to receipt of Information in electronic media, all of the Information will be provided to you in a paper form. If you decide to consent to delivery by electronic media, you may later choose to receive paper copies of the Information as described below.
You have the right to withdraw your consent under this paragraph 9 at any time. You will not be charged any fees as a result of the withdrawal of your consent. If you withdraw your consent, any Information provided to you after the effective date of the withdrawal will be provided in paper form. You may also receive paper copies of any Information that were previously provided to you electronically as described below. You can withdraw your consent by notifying us at our website at: www.zentility.com. Your withdrawal of consent will be effective as of the end of the following business day.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Zentility Inc. AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, 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.
Zentility Inc. AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, 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; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
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 FORGITIT, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
The exclusive measure of damages recoverable from claims arising from, under or in connection with the Terms, whether arising by negligence, intended conduct or otherwise will be limited to direct damages only and such damages will be the sole and exclusive remedy hereunder and all other remedies or damages are waived. In no event will any party be liable for any incidental, consequential, punitive, exemplary or indirect damages, lost profits or other business interruption damages, lost or prospective profits, in tort, contract or otherwise. The provisions of this Section 12 will survive the termination of the Terms. The Terms shall not provide any person not a party to the Terms with any remedy, claim, liability reimbursement, cause of action or other right in excess of those existing without reference to the Terms. Zentility Inc. shall not be liable to you for damages resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
Choice of Law/Venue
The Terms are governed by and will be construed in accordance with laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than State of Maryland. The parties mutually consent to the jurisdiction of the federal and state courts in the State of Maryland and agree that any action, suit, or proceeding concerning, related to, or arising out of the Terms shall be brought there. The parties agree that they will not raise any defense or objection or file any motion based on lack of personal jurisdiction, improper venue, inconvenience of the forum, or the like in any case filed in a federal or state court in the State of Maryland.
The Terms constitute the entire agreement between the Parties and supersede any prior or contemporaneous, oral or written, express or implied understanding between them respecting the subject matter hereof. No modification, amendment or waiver will be effective or binding without the written consent of the parties.
No waiver or consent, express or implied, of any default in the performance of any provision herein will operate or be construed as a waiver or consent of any other default whether of a like or different nature. Failure to complain of any act or to declare a default with respect to the Terms, regardless of how long that failure continues, will not constitute a waiver with respect to that default until the applicable statute of limitations period has run.
If any provision of the Terms is, for any reason, adjudged by any court of competent jurisdiction to be invalid or unenforceable, such judgment will not affect, impair or invalidate the remainder of the Terms which shall be enforced as fully as possible, but will be confined in its operation to the provision directly involved in the controversy in which judgment will have been rendered. The provision rendered invalid or unenforceable shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of the parties as expressed herein.
No Third Party Beneficiaries
The Terms are intended for the exclusive benefit of the parties and their respective successors and permitted assigns, and nothing in the Terms shall be construed as creating any rights or benefits in or to any third party, except as specified in, hereto.