MXenergy Wizard Terms & Privacy

Terms of Use

Welcome to the MXenergy Wizard Internet Web Site (the “Site”).  The features provided to you on the Site are subject to these terms and conditions.  The Site is owned and operated by Infometer.com, Inc. DBA MXenergy Wizard (“MXenergy Wizard”). When we refer to “MXenergy Wizard”, “we” or “us”, we mean Infometer.com, Inc. dba MXenergy Wizard, including our affiliates and subsidiaries.  If you visit or shop at MXenergyWizard.com, you accept and agree to these terms and conditions and are subject thereto.  Please read them carefully. In addition, when you use any current or future MXenergy Wizard service or business you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service or business. If these terms and conditions are inconsistent with such Terms, the Terms will control.
This Site and the information available on the Site is for informational purposes only and should not be construed as investment, tax, legal, financial, accounting or other advice nor is it to be relied upon in making any decision. This Site is intended for citizens and residents of the United States and Canada only. By using the Site, you agree to be legally bound and abide by the terms and conditions set forth below and elsewhere on this Site.

Intellectual Property Policy
All materials on the Site, whether separate or compiled, including but not limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by MXenergy Wizard and its third-party information providers, and are protected by United States and international intellectual property laws. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify MXenergy Wizard trademarks or other trademarks featured on the Site in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without MXenergy Wizard’s prior written consent. The use of MXenergy Wizard or third party trademarks featured on this Site on any other website or network computer environment, including the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deep links between the Site and any other internet site, is strictly prohibited without the express written consent of MXenergy Wizard.

Third Party Content
Data and other materials appearing on this Site that are provided by third parties are believed by MXenergy Wizard to be obtained from reliable sources, but MXenergy Wizard cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. MXenergy Wizard is not responsible for, and does not prepare, edit or endorse the content, advertising, products or other materials on or available from any website owned or operated by a third party that is linked to this Site via hyperlink. The fact that MXenergy Wizard has provided a link to a third party's website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by or with MXenergy Wizard with respect to such website, its owners, providers or services. You will use any such third-party content at your own risk.

Reviews, Comments, Communications and Other Content
Visitors may post reviews, comments and other communications, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. MXenergy Wizard reserves the right (but does not have the obligation) to remove or edit such content, but may not regularly review posted content and is not obligated to do so.

If you do post content or submit material, and unless we indicate otherwise, you grant MXenergy Wizard a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MXenergy Wizard and sublicensees the right to use the name that you submit in connection with such content, if they so choose. You represent and warrant that (1) you own or otherwise control all of the rights to the content that you post; (2) that the content is accurate; (3) that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and (4) that you will indemnify MXenergy Wizard for all claims resulting from content you supply. MXenergy Wizard has the right but not the obligation to monitor and edit or remove any activity or content. MXenergy Wizard takes no responsibility and assumes no liability for any content posted by you or any third party.

Timeliness of Content
All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent events or for other reasons.

Termination
MXenergy Wizard, in its sole discretion, reserves the right temporarily or permanently to terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. MXenergy Wizard will not be liable to you or any third party for any termination of your access to or use of the Site.

Risk of Loss
All items purchased from MXenergy Wizard are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

Product Descriptions
MXenegyWizard attempts to be as accurate as possible. However, MXenergy Wizard does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MXenergy Wizard itself is not as described, your sole remedy is to return it in unused condition [as indicated in the relevant Terms].

Pricing
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by MXenergy Wizard, we charge your credit card at the time you place your order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Applicable Law
By visiting MXenergyWizard.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and MXenergy Wizard.

Disputes
Any dispute relating in any way to your visit to MXenergyWizard.com or to products or services sold or distributed by MXenergy Wizard or through MXenergyWizard.com shall be adjudicated in any state or federal court in New York County or Westchester County, New York, and you consent to exclusive jurisdiction and venue in such courts. ]

Liability and Indemnity
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE WILL BE PERFORMED AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NEITHER MXENERGY WIZARD NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS OR VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY.  TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF MXENERGY WIZARD AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

You agree to indemnify, defend, and hold harmless MXenergy Wizard, its subsidiaries and affiliates, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including attorneys’ fees and costs, arising out of or related to your improper access to or use of the Site, or any violation by you of these Terms of Use.

Internet E-mail
E-mail messages may not be secure and may be intercepted by third parties. If you send us an e-mail containing confidential information about you, you agree that you do so at your own risk and that you hold MXenergy Wizard harmless from any loss that you may suffer as a result.

Linking Conditions
You may not link to the Site unless you comply with these linking conditions ("Linking Conditions"). MXenergy Wizard grants you a limited, revocable, nonexclusive right to create a hyperlink to the Site ("Link"), provided you comply at all times with the following conditions:

(1)    The Link must resolve to MXenergy Wizard’s portal page at MXenergyWizard.com, unaltered in any way;
(2) The text of the Link must read "MXenergy Wizard," "MXenergyWizard.com," or "www.MXenergyWizard.com." You may not use any MXenergy Wizard logo or graphic, or any other MXenergy Wizard trademark, as part of the Link without MXenergy Wizard's express written permission; and
(3)     The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and MXenergy Wizard, including suggestions of affiliation, endorsement, or sponsorship; (b) portray MXenergy Wizard or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver content and materials in a framed environment or alter the layout, content, look, or feel of the Site.
If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of this Site that is located one or several levels down from the homepages (known as "deep links"); provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to the Site.  MXenergy Wizard may terminate this limited, revocable, nonexclusive right to create such a hyperlink at any time in its discretion.

Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MXENERGY WIZARD AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES.
FURTHER, MXENERGY WIZARD AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS SITE.
EXCEPT AS PROVIDED BY LAW, NEITHER MXENERGY WIZARD NOR ITS THIRD-PARTY INFORMATION PROVIDERS OR VENDORS HAVE ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.
TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. WARRANTIES MAY GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

This Site is not intended for any use which would be contrary to local law or regulation.  No portion of this Site is directed at you if MXenergy Wizard is prohibited by any law of any jurisdiction from making the information on this Site available to you.

Privacy Policy

We value the privacy of everyone who visits this Site, and we will work to protect your privacy and the data you disclose to us. This privacy policy (“Policy”) explains the steps we take to protect your privacy and how we use the information you provide us.  This Policy only applies to data collected via the Site, and not to data collected from any other source.

What does this privacy policy cover?
Signing up for services and/or purchasing products through the Site requires that you provide certain personal information. Maintaining your account may also require you to provide personal information.  Any information you provide will be used by our employees, representatives, affiliates, contractors and agents, for internal purposes or to respond to your request.  By submitting your personal data to us, you affirmatively consent to the processing of your personal data as set out in this Policy.

Who is responsible for the personal information collected on this site?
MXenergy Wizard controls the personal data collected on this Site.

Children’s Privacy
If you are under 13 years old please do not send us your personal information or enroll for any services on the Site.  If you are under 13 years old and you wish to ask a question or use this Site in any way that requires you to submit your personal information, please ask for the assistance and guidance of a parent or guardian.

Information collection, use and disclosure
We collect, use and disclose personal information (including your name, address, SSN, telephone number, email and payment information) for business purposes in order to:
Answer questions, comments, or requests submitted by you
Register you for the MXenergy Wizard MyAccount service
Register you for any other services we or our affiliates offer
Administer or otherwise carry out our obligations in relation to the products you purchased and/or service agreement you have with us or services for which you have enrolled through the Site Cooperate with legal authorities
Operate our business
Anticipate and resolve problems with products and/or services supplied to Keep your records updated
Better understand our customers and improve our relationship with you through research
Provide you with information on products and services from our affiliates
In certain instances, we may contract with nonaffiliated companies to perform services for us.  Where necessary, we may disclose information we have about you to these third parties.  In all such cases, we provide the third party with only the information necessary to carry out its assigned responsibilities and only for that purpose.  We require these third parties to treat your private information with the same degree of confidentiality that we do.  In addition, we will release information about you if you direct us to do so, if we are compelled by law to do so, to protect and/or defend our rights, property or personal safety and those of our users and customers, or in other limited circumstances required or permitted by law.

Electronic Communications
When you visit MXenergyWizard.com or send emails to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you by email or by posting notices on this Site.

Collection of non-personal information and the use of cookies
We may track IP addresses (the Internet address of a computer) to keep track of a user's session, while the user's personal information remains totally anonymous.  Tracking IP addresses can give us important information about our visitors.  For example, we can learn which parts of the Site users are visiting and how long they stay.  In addition, when you visit the Site our server may gather certain information (known as "cookies") which we use to ascertain whether the Site is operating at an optimal level and to help us provide you with the best on-line experience.  This information helps us improve and update our Site.  When we receive information about you or about your session this way, we may use it for research or to improve the Site and the services we offer you, in accordance with the “Information collection, use and disclosure” section above in this Policy.

Opting Out of Additional Uses
From time to time we would like to use your personal information for purposes other than as set out in this Policy including, but not limited to, giving information to other companies with which we have marketing, promotional or similar agreements, and to their contractors and agents (“Other Purposes”). We will not use your information for these Other Purposes if you have indicated that you do not wish us to use your information in this way when submitting the information.  If at any time you wish us to stop using your information for any of these Other Purposes, please let us know via email at customercare@MXenergyWizard.com. We will stop the use of your information for such Other Purposes as soon as it is reasonably possible to do so after receipt of such notice from you.

Use of your personal information submitted to other websites
Third Parties:  We cannot be responsible for the privacy policies and practices of other websites, even if you access those websites using Links from the Site.  In addition, if you linked to the Site from a third party website, we cannot be responsible for the privacy policies and practices of the owners or operators of the third party website from which you linked to our website.

Will this privacy policy change?
From time to time we may make changes to this Policy without notice to you.  If we make any material changes to this Policy and the way in which we use your personal data, we will post the new policy on this page and such posting shall constitute notice of such change to all users of the Site.  Please check this Policy on a regular basis.

How you can contact us
Your privacy is important to us. Should you have any questions or concerns about our Privacy Policy, please feel free to contact us by e-mail at customercare@MXenergyWizard.com or writing to us at:

MXenergy Wizard
P.O. Box 8127
Stamford, CT 06905-8127
Attention: Webmaster