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Terms of Use for GeekYourRate.com™

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Last updated September 27, 2016

Disclaimer:

Welcome to GeekYourRate.com. This website is owned and operated by Geek Your Rate, LLC, a subsidiary of Geek Holdings, LLC. By visiting and using this website you will be accepting these Terms of Use (“TOU”). Please read them carefully and if you disagree with the TOU in any way, then do not use this website. GeekYourRate.com reserves the right to post changes to the TOU on this website at any time, and by your continuing to use the website thereafter, you agree to be bound by the new version of the TOU. If any TOU changes are not acceptable, you must stop your use of this website. In these TOU, “GeekYourRate.com” and “we” or "our" or similar pronoun refer to GeekYourRate.com, and “User” or “you” or "your" or similar pronoun refer to each visitor to this website ("site").

By visiting our website and accessing the information, resources, services, products, and/or tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy ("User Agreement").

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Third-party links

The Sign Up button:signup , as well as the Fact Sheet link: factsheet and the Terms of Service link: terms displayed next to each of the various electric providers’ plans, which appear in the last step of the shopping process, are all external links that will take you outside of the GeekYourRate.com website and to the electric provider’s own website, which will have a separate and independent Privacy Policy and Terms of Use for you to read. We therefore have no responsibility or liability for the content, accuracy and activities of these linked sites, or for your actions with regard to these third party sites whether or not accessed via our links.

Leaving the GeekYourRate.com site and entering into a contract (or “signing up”) with an electric provider, based on information you receive from GeekYourRate.com is at your own risk, as further explained below.

Accuracy of Data and Information

The responsibility of GeekYourRate.com is limited to providing electric plan comparison tools, analysis, and information to assist you in selecting an electric plan that may be best for your estimated or actual historic monthly electricity consumption levels--which are either based on information you provide, or by your selection of the “I don’t want to answer any questions” choice and the resulting “default” parameters and corresponding estimated consumption levels.

Regarding the third page of the website entitled “Please Choose One”: Entering 12 months of your historic electricity usage will yield the most accurate estimated annual electric plan costs. Selecting “I Will Answer 4 Questions…” and answering them as accurately as possible will yield the second most accurate estimated annual electric plan costs. Selecting the “I Don’t Want to Answer any Questions…” option will likely yield the least accurate estimated annual electric plan costs. As always, your actual future electricity usage will determine the future costs you experience from the electric provider of your choice. Your future electricity usage will vary based on, but not be limited to the following factors; future weather patterns, implementation of energy conservation measures, the number of occupants in your home, occupancy patterns, efficiency of HVAC equipment and appliances, exterior shading by trees and vegetation, interior shading devices, and the presence of swimming pool equipment. These factors cannot be represented within a survey of four questions, as is employed within GeekYourRate.com

The electric plans and rates offered by electric providers to Texans can change on a daily or hourly basis. We will attempt, on at least a daily basis, to update the electric plan information found on GeekYourRate.com, so that it matches the plan information found on Powertochoose.org — specifically the Facts Sheet links (Electricity Facts Label, or EFL) and the Terms of Service links. However, it is not possible for Geek Your Rate’s plan information to be 100% identical at all times, to that found on Powertochoose.org.

Before entering into a contact with, or obtaining service from, any electric provider, it is your responsibility to read the Electricity Facts Label (EFL) and Terms of Service pertaining to the plan of your choice, as provided to you by the electric provider on their own website. It is your responsibility to make sure that you agree with all rates and terms of any electric plan before you enter a service contract with the electric provider of your choice.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and/or tools we provide for you, either directly or indirectly ("Resources"), you agree to use these Resources only for the purposes intended and permitted by: (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

  1. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is hereby strictly prohibited, without the express, written consent of Geek Your Rate, LLC or its parent company. For as long as the Resources provided by GeekYourRate.com are offered free of charge to the public, there are previously invested costs, as well as ongoing costs, for us to develop, maintain, update, and provide the Resources. Therefore, there is a corresponding inherent value in the Resources being provided. It is the intent of Geek Your Rate, LLC to convert GeekYourRate.com to a subscription-based site in the future. While the site is free of charge, it is offering the Resources to the public at a financial loss that would be equal to or greater than any financial gain by a third party that chooses to sell, trade, or resell said Resources in violation of this User Agreement. An amount equal to or greater than a violating third-party’s financial gain will be pursued and may be recoverable through a Texas Court of Law, seeking any and all available remedies either at law or in equity, including, but not limited to injunctive relief, knowing that the extent of any damages is difficult to ascertain at this time.
  2. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
  3. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
  4. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

Indemnification

You agree to indemnify and hold harmless Geek Your Rate, LLC and its parent company and affiliates, and their directors, officers, members, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitations of Warranties

By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

  • the use of our Resources will meet your needs or requirements;
  • the use of our Resources will be uninterrupted, timely, secure or free from errors; and
  • the information obtained by using our Resources will be accurate or reliable, and any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

  • any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  • no information or advice, whether expressed, implied, oral or written, obtained by you from Geek Your Rate, LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitations of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of our products and/or services. Geek Your Rate, LLC shall not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages that may be incurred by you as a result of your use of, or inability to use, our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on GeekYourRate.com, including but not limited to text, graphics, website name, code, images, slogans and logos (except as otherwise noted herein) are copyrighted as a collective work and are the intellectual property of Geek Your Rate, LLC, and/or its parent company, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized in writing by Geek Your Rate, LLC, or its parent company. Copyright 2016, GeekYourRate.com ALL RIGHTS RESERVED.

Exception: The logos and trademarks of the Retail Electric Providers (the Providers or Electric Companies) that appear on GeekYourRate.com are the intellectual property of their respective owners. Geek Your Rate, LLC makes no claim to that property, nor are we affiliated with, represented by, or profiting from, any of these companies or their trademarks. The electric providers’ logos as shown on GeekYourRate.com simply help identify the source of each electric plan displayed, in the same manner as these logos are displayed on the Powertochoose.org website, which is run by the Public Utilities Commission of Texas.

Any electric provider that wishes to have their logo removed from being displayed by GeekYourRate.com may contact us using the contact information below, and we will remove it from our site as soon as possible. In order to maintain our claim of being ‘unbiased’, we will then likely notify visitors to GeekYourRate.com that specific plan logos and/or information have been removed from our site at the request of the named electric provider, and in that manner we differ from Powertochoose.org with respect to the number or appearance of the remaining plans, as displayed.

Termination of Use

You agree that we may, at our sole and absolute discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information if used.

Governing Law

This website is controlled by Geek Your Rate, LLC, a subsidiary of Geek Holdings, LLC, from our offices located in the State of Texas, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Texas, by accessing our website, you agree that the statutes and laws of Texas, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site, if offered.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in the city of Fort Worth, State of Texas, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

UNLESS OTHERWISE EXPRESSED, GEEK YOUR RATE, LLC AND ITS PARENT COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about this User Agreement (Terms of Service) as outlined above, you can contact us at:

Geek Your Rate, LLC
3930 Glade Road, Suite 108
Colleyville, Texas 76034
USA