Please refer to the document below if you have questions about the rules that govern your use of the site. By accessing or using the site, you automatically accept these terms.
We reserve the right, at any time, to modify or suspend the Platform with or without notice to you.
You agree not to use the Platform to collect, upload, transmit, display or distribute any Content that violates any third-party right.
You may terminate these Terms at any time by stopping the use of the Platform or services.
1.1. Purpose. Dash has developed a digital technology platform, including related software, websites and support services or systems (as updated from time to time, the “Platform”). The Platform is designed to enable Users to buy gas and electric service, and to switch gas and electric providers.
1.2. Beta Testing. We may from time to time beta test certain portions of the Platform (the “Beta Features”). Beta Features may have unresolved errors. We allow certain Users to test the Beta Features in order for them to provide us with feedback on the quality of those Beta Features and how they integrate with the Platform. Ongoing beta testing will allow Dash to increase the quality of the Platform through User validation. We may require additional terms and conditions for the testing of Beta Features.
1.3. Feedback. If you provide us with any feedback or suggestions regarding the Platform (“Feedback”), you hereby assign to us all rights in and to such Feedback and agree that we shall have the right to use such Feedback and related information for the purposes set forth in Section 5.5.
- Accounts. We may choose to provide or require User accounts or Representative accounts (“Account”) in the future. You and each of your Representatives agree to notify us immediately of any suspected unauthorized use of your Account(s) or any other breach of security. You and your Representatives will not attempt to use or login to the Platform using any other person’s Account or otherwise impersonate any other person. We will not be liable for any loss or damage arising from your failure to comply with the above.
- Access to Information.
3.1. General. The Platform allows users to buy or switch gas and electric services. Except as expressly set forth in these Terms, your sharing of Information on the Platform does not grant any right, title or interest in such Information to any other User.
3.2. Access and Use of Information by Dash. Dash can view all Information and any other Content that is entered into the Platform, other than login credentials. We will not use Information furnished by you except in accordance with Section 5.5. We will use reasonable efforts to secure the Platform and the Information contained on the Platform.
- 4. You must pay all charges you incur for your use of the Platform if applicable. We may change our charges for the use of the Platform in the future, and we may do so at our sole discretion, and we may condition your continued use of the Platform on payment of our fees.
- Intellectual Property; Content; Acceptable Use Policy.
5.1. License Grant. Subject to these Terms, we grant you a non-transferable, non-sublicensable, non-exclusive, revocable, limited license to use and access the Platform solely for the purposes related to gas and electric services described above.
5.2. Ownership. The Platform, including all intellectual property rights therein, is and shall remain the property of Dash and its licensors. Neither these Terms nor your use of the Platform conveys or grants to you any rights (a) in or related to the Platform, except for the limited license granted above or (b) to use or reference in any manner Dash’s or any other User’s or gas or electric service provider’s company names, logos, product and service names, trademarks, service marks or other indicia of ownership.
5.3. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Platform, whether in whole or in part, or any Content displayed on the Platform except in accordance with the express provisions of these Terms; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform or use or attempt to use or discover any source code underlying the Platform; (c) you shall not access the Platform in order to build or facilitate a similar or competitive website, product or service, or to access other Users or their Information in competition with or circumvention of our products and services; and (d) you shall not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any portion of the Platform except as expressly provided in these Terms.
5.4. Modification; No Support or Maintenance. We reserve the right, at any time, to modify or suspend the Platform with or without notice to you. Without limiting the foregoing, we may make any changes that may be required by any governmental authority, including changing or limiting your use of the Platform. You agree that Dash will not be liable to you or to any third party for any modification or suspension of the Platform or any services. You acknowledge and agree that Dash has no obligation to provide you with any support or maintenance in connection with the Platform or services.
5.5. Your Content. Subject to the other provisions of these Terms, you hereby grant to Dash an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Content that you furnish, and to grant sublicenses of the foregoing rights, solely for the purposes of (a) improving and developing the Platform, (b) displaying or making available your Content to you on the Platform in accordance with these Terms, (c) any reporting to governmental authorities that we are required or requested to make and (d) sharing or distributing Anonymized Information. “Anonymized Information” means Information that is anonymized or aggregated in a form that is not reasonably likely to permit identification of any User or its Representatives. “Content” means any and all Information or other content (including graphics, audio or visual content) that a User submits to, or uses with, the Platform. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Content.
5.6. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- a) You agree not to use the Platform to collect, upload, transmit, display or distribute any Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way or (iv) that is in violation of any law, regulation or obligations or restrictions imposed by any third party.
- b) In addition, you agree to not: (i) send through the Platform: any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or automated messages; or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (ii) use the Platform to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent; (iii) attempt to gain unauthorized access to the Platform (or to other computer systems or networks connected to or used together with the Platform), whether through password mining or any other means, or to any Account other than your Account or (iv) harass or interfere with any other User’s use and enjoyment of the Platform or such User’s Account.
7.1. THE PLATFORM LICENSED HEREUNDER MAY CONTAIN DEFECTS. PARTICIPANT IS ADVISED TO SAFEGUARD ITS OWN MATERIALS, EQUIPMENT AND DATA, TO USE CAUTION, AND TO NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE PLATFORM.
7.2. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PLATFORM, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF YOUR FIRST USE.
7.3. No Representations Regarding Users of the Platform. We make no representation, warranty or guarantee with respect to the Users that use the Platform. Without limiting the foregoing, we do not represent, warrant or guarantee that the Suppliers will provide the lowest price or best terms for the supply of gas or electric service or that Suppliers will perform or fulfill any other obligation under contract or applicable law. We have no control over any Supplier or other User and will not under any circumstances be liable for the acts or omissions of any User, including any Supplier.
- Limitation on Liability.TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTIAL, RELIANCE, EXEMPLARY OR PUNITIVE LOSS, DAMAGE, COSTS OR EXPENSES, LOST PROFITS, OR LOST DATA ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OR EACH PARTY TO THE OTHER PARTY FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE THOUSAND US DOLLARS (USD 1,000.00). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Term and Termination.
9.1. You may terminate these Terms at any time on written notice to Dash, together with termination of all of your Accounts and immediate cessation of all use of the Platform. However, if you commence using or accessing the Platform again after such notice, you will be considered to have consented to these Terms again. If we believe you or your Representatives are misusing the Platform in any way, we may, in our sole discretion and without limiting other remedies, terminate these Terms immediately upon written notice to you, or limit, suspend or terminate your Account and access to the Platform.
9.2. You understand that any termination of your Account may involve deletion of your Content. We will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Account or deletion of your Content. The following provisions of these Terms will survive termination: Sections 1.2, 1.3, 3, 5.2, 5.4, 5.5, 6, 7, 8, 9, 10 and 11, together with any other provisions reasonably required to give effect to those enumerated provisions.
- Dispute Resolution; Waiver of Jury Trial and Class Actions. PLEASE READ THIS SECTION CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS CONCERNING ANY DISPUTES BETWEEN YOU AND DASH, INCLUDING OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS.
10.1. As used in these Terms, “Dispute” means any dispute, claim, demand, action, proceeding or other controversy between you and Dash concerning the Platform and your or Dash’s obligations and performance under these Terms or related to the Platform, whether based in contact, warranty, tort (including any limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability and product liability), statue (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. “Dispute” will be given the broadest possible meaning allowable under law.
10.2. You and Dash agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and Dash otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or Dash provides notice of the Dispute (“Notice of Dispute”) as specified in these Terms. You and Dash agree that neither will commence arbitration before the end of the time for informal negotiation.
10.3. YOU AND DASH AGREE THAT IF YOU AND DASH DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION AS SET FORTH ABOVE, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH BELOW. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD. THE ONLY DISPUTES NOT COVERED BY THE AGREEMENT TO NEGOTIATE INFORMALLY AND ARBITRATE ARE DISPUTES ENFORCING, PROTECTING, OR CONCERNING THE VALIDITY OF ANY OF YOUR OR DASH’S (OR LICENSORS) INTELLECTUAL PROPERTY RIGHTS.
10.4. Notwithstanding the above, you have the right to litigate any Dispute in small claims court, if all requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. Notwithstanding anything to the contrary herein, you agree to bring a Dispute in small claims court only in your county of residence.
10.5 TO THE EXTENT ALLOWED BY LAW, YOU AND DASH AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR DASH WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR DASH ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND DASH FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, DASH, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROECCEDING.
10.6 The arbitration of any Dispute will be conducted by and according to the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) in your county of residence or in Austin, Texas. Information about the AAA, and how to commence arbitration before it, is available at www.adr.org. If you are an individual consumer and use the Platform for personal or household use, or if the value of the Dispute is $75,000 or less, the Supplementary Procedures for Consumer-Related Disputes of the AAA will also apply. If the AAA rules or procedures conflict with the provisions of these Terms, the provisions of these Terms will govern. You may request a telephonic or in-person hearing by following the AAA rules and procedures. Where the value of a Dispute is $10,000 or less, any hearing will be through a telephonic hearing unless the arbitrator finds good cause to hold an in-person hearing. The arbitrator has the power to make any award of damages to the individual party asserting a claim that would be available to a court of law. The arbitrator may award declaratory or injunctive relief only in favor of the individual party asserting a claim, and only to the extent required to provide relief on that party’s individual claim. Costs and attorneys’ fees will be determined by the AAA rules and procedures and in accordance with applicable law.
10.7 If any provision of this Section 10 and its subsections are found to be illegal or unenforceable, that provision will be severed but the remaining provisions will remain in full force and effect.
11. Miscellaneous Terms. These Terms constitute the entire agreement between you and us regarding the Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver. The section titles in these Terms are for convenience only and have no legal effect. The word “including” means “including without limitation.” If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired. These Terms may not be assigned in whole or in part by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may freely assign these Terms in connection with a transfer of the Platform. These Terms shall be binding upon successors and assignees. There are no third-party beneficiaries to these Terms. You consent to receive communications from us (including all notices) in electronic form at the address(es) specified in your Account. These Terms will be governed by the law of the State of Delaware without reference to conflict of laws principles.