THE TERMS AND CONDITIONS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
WEBSITE USE NOT FOR INDIVIDUALS UNDER THE AGE OF 16
THE MONTHLY SUBSCRIPTION CONTRACT BETWEEN YOU AND ENERGY SUPPLY CO.
Energy Supply Co. offers three (3) different rebillable monthly subscriptions (“Monthly Subscriptions”). By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current selected subscription rate. Your credit card will be charged on the 17th of each month and your Energy Supply Co. box will be shipped the following month. Energy Supply Co. will charge the credit card you used to create your monthly renewal subscription or as otherwise directed by you. The amount that we charge your credit card depends on the Energy Supply Co. box you chose.
To cancel your Monthly Subscription at any time, you must send a request via email to email@example.com. If you cancel, you may use your subscription until the end of your then-current subscription term. Energy Supply Co. may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Energy Supply Co. reasonably could act.
GENERAL RULES OF USER CONDUCT
You agree not to use (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempt to interfere with the proper functioning Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
DISCLAIMER – NO PROFESSIONAL ADVICE
Any information provided by Energy Supply Co. regarding the products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the website. Use of the website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
You hereby release Energy Supply Co., its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) your use of the Services; or (ii) your purchase of any Products.
RISK OF LOSS
Any merchandise purchased from Energy Supply Co. will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of Energy Supply Co. to partially or fully exercise any rights or the waiver of Energy Supply Co. of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Energy Supply Co. or be deemed a waiver by Energy Supply Co. of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Energy Supply Co. under these Terms and any other applicable agreement between you and Energy Supply Co. shall be cumulative, and the exercise of any such right or remedy shall not limit Energy Supply Co.’s right to exercise any other right or remedy.
The laws of the State of Rhode Island shall govern these Terms without regard to conflict of laws provisions.
Any dispute relating in any way to your access or use of the Energy Supply Co. website, to the products you purchase through the website (including all Monthly Subscriptions), or to you relationship to Energy Supply Co. shall be submitted to confidential arbitration in Rhode Island; provided, however, that to the extent you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Rhode Island. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Rhode Island. Arbitration under these Terms and Conditions will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this website or these Terms and Conditions must be filed within one (1) year after such claim of action arose or be forever banned.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
YOU AND Energy Supply Co. AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Energy Supply Co. agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Should you have any questions regarding these Terms and Conditions of Use you may contact us at firstname.lastname@example.org.