1-Week Free Trial

Effective Date: March 1, 2023

 

PLEASE READ THIS USER AGREEMENT CAREFULLY AS TERMS AND CONDITIONS MAY HAVE CHANGED SINCE LAST VISITING THIS WEBSITE.

 

THIS USER SERVICE AGREEMENT (“Agreement”) is made between Energy Enablement, LLC a Pennsylvania limited liability company dba Energy PriceBook (“Energy PriceBook”), and User, wherein (“User”) shall mean any person or company who: (i) accesses Energy PriceBook’s interactive online and communication sites, software, databases, apps, algorithms, inputs, calculations, outputs, reports (including pricing reports), and/or services (“Service”) through either non-paying, free use or paid subscriptions, (ii) selects button(s) indicating acceptance of Agreement terms, or (iii) completes the registration process to open and maintain an account for the Service.  Energy PriceBook and User are individually referred to herein as “Party,” and collectively referred to as “Parties.” Any reference to “Partner(s)” shall include publishers; agencies; sponsors; advertisers; media buying platforms; demand side platforms (DSP); data management platforms (DMP); supply side platforms (SSP); ad serving companies, platforms, networks, and/or exchanges; and/or any entity participating in ad technologies, web tracking and/or web analytics. In addition, Energy PriceBook may use other entities and/or persons to help provide the Services (“Service Providers”).

User’s access and use of the Service is also subject to Energy PriceBook’s Privacy Policy and Cookie Policy.  The terms of this Agreement, Privacy Policy and Cookie Policy shall collectively mean and be referred to as the “Terms of Use,” which can be accessed and printed from the site’s Terms of Use section.

 

BY CLICKING THE ACCEPT BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF: (I) THIS AGREEMENT, (II) ENERGY PRICEBOOK’S PRIVACY POLICY, AND (III) ENERGY PRICEBOOK’S COOKIE POLICY.

 

IF USER DOES NOT AGREE TO ALL OF THE TERMS OF USE, ENERGY PRICEBOOK WILL CANCEL AND/OR HALT USER’S ACCESS TO THE SERVICE.  AFTER WHICH, USER MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.

 

1. License and Limitations

a. User License. User’s access to the Service is licensed and not sold in that Energy PriceBook grants User a license to access the Service, but all ownership of the Service and ownership of any copies of the Service shall remain with Energy PriceBook. Subject to the terms and limitations set forth in this Agreement, Energy PriceBook agrees to provide User with a personal, non-transferable and non-exclusive, license enabling User to access and use the Service. The Service is proprietary to Energy PriceBook and is protected by intellectual property laws and international intellectual property treaties. Energy PriceBook reserves all of its intellectual property rights in the Service. Using the Service does not give User any ownership in Service or the content or information made available through the Service. Trademarks and logos used in connection with the Service are the trademarks of their respective owners. Energy PriceBook trademarks, service marks, graphics, and logos used for the Service are trademarks or registered trademarks of Energy PriceBook.

b. Use Restrictions.  User shall not copy, decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code for the Service.  User shall not use the database portion of the Service in connection with any other software other than the software of the Service.  User shall not modify the Service or create any derivative work of the Service or its accompanying documentation. Derivative works include but are not limited to translations. User shall not alter any files or libraries in any portion of the Service. User shall not reproduce the database portion of the Service or create any tables or reports relating to the database portion.  User shall not resell, (re)publish, circulate, or distribute any part of the Service to the public at large, including posting any part of the Service on the internet or including any part of the Service in a single communication to more than 100 recipients.  Subject to the foregoing, User shall be permitted limited distribution of Service outputs or pricing reports to User’s employees, contractors, vendors, existing customers, and prospective customers.

c. Accessibility. User agrees that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Energy PriceBook may undertake from time to time; or (iii) causes beyond the control of Energy PriceBook, which may or may not be reasonably foreseeable by Energy PriceBook.

d. Equipment. User shall be solely responsible for providing, maintaining and ensuring compatibility with the Service, all hardware, software, electrical and other physical requirements for User’s use of the Service, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs and services required to access and use the Service.

 

 

2. Security and Privacy

 

a. Security. User shall be solely responsible for the security, confidentiality and integrity of User’s account and all data, messages and content that User receives, transmits through or stores on the Service. User shall be solely responsible for any authorized or unauthorized access to User’s account by any person. User agrees to bear all responsibility for the confidentiality of User’s password and all use or charges incurred from use of the Service with User’s password.  If the Service was purchased by another party for User, the party paying for such Service has the right to control access to and get reports on User’s use of such paid Service; however, this paying-party does not have rights to User’s account password.

 

b. Privacy. When reasonably practicable, Energy PriceBook will attempt to respect User’s privacy. Energy PriceBook will not monitor, edit, or disclose any personal information about User or User’s account, including its contents or User’s use of the Service, without User’s prior consent unless Energy PriceBook has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) enforce the Terms of Use; (iii) protect and defend the rights, safety, interest or property of Energy PriceBook, Users, or others, including investigating/defending Energy PriceBook against third-party claims or allegations; (iv) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (v) operate or conduct maintenance and repair of Energy PriceBook’s services or equipment, including the Service as authorized by law; and/or (vi) act under exigent circumstances to protect the personal safety of Users, or the public.  User has no expectation of privacy with respect to the Internet generally.  User agrees that User’s IP address may be transmitted and recorded with each interaction that User has with the Service.

 

c. Sharing.  The Service may allow messaging and sharing of information, including data, links to news articles, trade information and blogs. Information and content that User shares or posts may be seen by other users, and User has no expectation of privacy with respect to this shared information. Where Energy PriceBook has made settings available, Energy PriceBook will honor the choices User makes about who can see content or information.  Energy PriceBook is not obligated to publish any information or content on the Service and can remove it in Energy PriceBook’s sole discretion, with or without notice.

 

 

3. Data and Information

 

a. Ownership and Permission to Use. User owns all of the submitted or posted data, content, feedback, and personal information and data that User provides to Energy PriceBook.  User agrees to only provide data, information and content that User has the right to use or share and that does not violate the law nor anyone’s rights (including intellectual property rights), and that User’s profile and account information will be truthful. User agrees that Energy PriceBook may be required by law to remove certain information or content in certain countries.  User agrees that Energy PriceBook shall: (i) collect and store data and information relating to the User, including information, data and content that User provides through the Service,  (ii) process and compile this User data and information into reports including but not limited to aggregate data summaries, and/or (iii) provide User information and data in aggregate form to third parties including advertisers and sponsors. 

 

b. License to Energy PriceBook. User hereby grants to Energy PriceBook the following non-exclusive, perpetual license: A worldwide, transferable, sublicensable and perpetual right to use, copy, modify, distribute, publish, sell, lease, rent, and process, information, data and content that User provides through the Service, without any further consent, notice and/or compensation to User or others. These rights are further defined and/or limited as follows:

 

1)     User and Energy PriceBook agree that if content includes User Personal Data, such data is subject to Energy PriceBook’s Privacy Policy, wherein “User Personal Data” shall include User’s: first and last name; mailing address; e-mail address, company, phone number(s), title, age, gender, user name, user price request inputs and output calculations, and user price request messaging and sharing.

2)     User hereby consents to Energy Pricebook using, copying, distributing, tracking, publishing, selling, leasing, renting and/or processing User’s Use Content, wherein “Use Content” shall include: (i) information obtained via a variety of methods, including from Energy PriceBook’s Partners and/or Service Providers, and (ii) data collected on and off Energy PriceBook’s Services, including User Personal Data, web beacons, pixels, tags, ad tags, cookies, local storage, device and user identifiers (User ID, IP address), any other tracking technologies, information collected from a User, others, and any use of the Service, and information inferred from the data described herein.  In addition, User hereby waives, renounces, and relinquishes User’s right to: (i) prohibit Energy PriceBook or (ii) take action against Energy PriceBook for using, copying, distributing, tracking, publishing, selling, leasing, renting and/or processing User’s Use Content.

3)   Energy PriceBook will not include User content in advertisements for the products and services of third parties to others without User’s    consent. However, User hereby grants Energy PriceBook the right, without payment to User or others, to serve ads near User content and information, and User’s social actions may be visible and included with ads.

4)   Energy PriceBook must get User’s consent prior to Energy PriceBook giving others the right to publish User’s content beyond the Service. However, if User chooses to share User’s information via a public forum within the Service (e.g., blog posts and comments), Energy PriceBook will enable a feature that allows other users to embed that public information onto third-party services, and to make that public content findable though third party search engines.

5)     While Energy PriceBook may edit and make format changes to User’s content (including translating it, modifying the size, layout or file type or removing metadata), Energy PriceBook will not modify the meaning of User’s expression.

6)     Because User owns User’s content and information and Energy PriceBook only has non-exclusive rights to it, User may choose to make User information available to others, including under the terms of a Creative Commons license.

7)     By submitting suggestions or other feedback regarding the Service to Energy PriceBook, User agrees that Energy PriceBook has the right to use and share such feedback for any purpose without compensation to User.

 

c. Service Availability and Storage. Energy PriceBook may change or discontinue any of the Service. Energy PriceBook is not committing to store or keep showing any information and content that the User’s provides through the Service.  Energy PriceBook is not a storage service.  User agrees that Energy PriceBook has no obligation to store, maintain or provide User a copy of any content or information that User or others provide, except to the extent required by applicable law.

 

d. Other Content, Sites and Apps. By using the Service, User may encounter other users’ content, posts or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Energy PriceBook generally does not review content provided by users or others. User agrees that Energy PriceBook is not responsible for others’ (including other users’) content or information or others misuse of the Service. User is responsible for deciding if User wants to access or use third-party apps or sites that may be available from the Service. Except to the limited extent it may be required by applicable law, Energy PriceBook is not responsible for these other sites and apps and User agrees to use these other sites and apps at User’s own risk.

 

 

4. Fees

 

a. Payment. If User purchases any paid Service (e.g., subscriptions), User’s payment method (e.g., credit card) shall be automatically charged upon commencement of the Service and automatically charged thereafter with each successive subscription period.  Energy PriceBook may store and continue billing User’s payment method (e.g., credit card) even after payment method has expired to avoid interruptions in User’s Service.  To avoid future charges, User must cancel before the next subscription period.  Charges shall include all fees and Taxes (defined herein below) applicable to each subscription period. Energy PriceBook expressly reserves the right to change fees at any time, upon notice to User.

 

b. Collection and Taxes. All fees, Taxes and other charges shall be billed to User’s payment method (e.g., credit card) at the current international currency conversion rate. User shall be responsible for and shall pay Energy PriceBook all currency conversion charges, sales, use, value-added, personal property or other tax, duty or levy of any kind, including interest and penalties thereon ("Taxes"), whether imposed now or hereafter by any governmental entity. Energy PriceBook may calculate Taxes payable based on the User’s billing information provided at the time of purchase.  User shall promptly pay Energy PriceBook in the event of any refusal of User’s payment method to pay any amount to Energy PriceBook for any reason. User agrees to pay interest at the rate of 1.5% per month on any outstanding balance, together with costs of collection, including attorney's fees and costs. In the event User fails to pay any of the above-mentioned fees and Taxes, Energy PriceBook may immediately suspend or terminate this Agreement and User’s access to the Service.

 

 

5. User Representations and Agreement

 

User represents and warrants to Energy PriceBook that: (a) User is over the age of eighteen (18) and has the power and authority to enter into and perform User’s obligations under this Agreement; (b) all information provided by User to Energy PriceBook is truthful, accurate and complete; (c) User is the authorized signatory of the payment method provided to Energy PriceBook to pay fees and Taxes; (d) User shall comply with all terms and conditions of the Terms of Use, including, without limitation, the provisions set forth in Section 6 of this Agreement; and (e) User has provided and will provide accurate and complete registration information, including, without limitation, User’s legal name, address and telephone number.  User also agrees to keep User information up to date. Furthermore, User agrees to utilize the Service as ancillary information only and shall not rely on the Service in any manner for any formal contracting decisions and/or the execution of any contracts (e.g., energy supply agreements, utility tariffs, etc.).

 

 

6. Prohibited Activity

 

User is solely responsible for any and all acts and omissions that occur under User’s account or password, and User agrees not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by Energy PriceBook to be in conflict with the spirit or intent of the Terms of Use.

 

 

7. Disclaimer of Warranties

 

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT USER’S SOLE RISK. ENERGY PRICEBOOK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES ENERGY PRICEBOOK MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. ENERGY PRICEBOOK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.

 

 

8. Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL ENERGY PRICEBOOK BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THE TERMS OF USE, THE SERVICE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE SERVICE, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL ENERGY PRICEBOOK’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO ENERGY PRICEBOOK HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SERVICE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SERVICE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREIN.

 

 

9. Indemnification 

 

User agrees to indemnify, hold harmless and defend Energy PriceBook, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) the Terms of Use; (b) User’s use of the Service, including any data or work transmitted or received by User; and (c) any unacceptable use of the Service, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as defined in the Terms of Use.

 

 

10. Termination

 

This Agreement is effective upon User’s acceptance and shall continue in full force until terminated. Either Party may terminate this Agreement at any time with notice to the other.  Energy PriceBook reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service and (b) suspend User’s access to or use of all or any portion of the Service. The following shall survive termination: (i) Sections 3, 7, 8, 9, and 11 of this Agreement; (ii) other users’ rights to further re-share content and information User shared through the Service to the extent copied or re-shared prior to termination; and (iii) any amounts owed by either Party prior to termination remain owed after termination.

 

 

11. Miscellaneous

 

a. Independent Contractors. The Parties and their respective personnel, are and shall be independent contractors and neither Party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other Party.

b. Complete Understanding. The Agreement constitutes the complete and exclusive understandings and agreement of the Parties and supersedes all prior understandings and agreements, whether written or oral, with respect to the subject matter hereof. 

 

c. Amendment. Energy PriceBook shall have the right, at any time and without notice, to modify the Terms of Use, simply by presenting such amended terms to User. User’s access to or use of the Service after the date such amended terms are presented to User shall be deemed to constitute acceptance of such amended terms. If User does not agree to the amended terms, User shall stop using the Service.

 

d. Dispute Resolution. This Agreement or any other Terms of Use and any claims, whether in contract, tort or otherwise, arising from this Agreement or other Terms of Use shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to principles of conflicts of law. The Parties agree that the state and federal courts sitting in Pittsburgh, Pennsylvania, USA, shall have proper and exclusive jurisdiction and venue for any proceedings arising from this Agreement or any other Terms of Use.

 

e. Captions. The captions contained in this Agreement are for convenience only, shall not be deemed to be a part of this Agreement and shall not be referred to in connection with the construction or interpretation of this Agreement.

 

f. Definitions. As used in this Agreement, unless the context otherwise requires: (a) “Include,” “includes,” and “including” are deemed to be followed by “without limitation,” whether or not they are in fact followed by such words or words of like import; and (b) unless the context clearly indicates otherwise, any term defined or used in the singular shall include the plural of such term, any term defined or used in the plural shall include the singular of such term.

g. Enforcement. If any provision of this Agreement or any other Terms of Use is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement or other Terms of Use will remain in full force and effect.

h. Waiver. No failure or delay by Energy PriceBook in exercising any right, power or privilege under this Agreement or any other Terms of Use will operate as a waiver thereof.  The waiver by Energy PriceBook of a breach of any provision of this Agreement or other Terms of Use will not operate or be construed as a waiver of any other or subsequent breach. 

i. Assignability.  User may not assign this Agreement, in whole or in part, to any third party without the prior written consent of Energy PriceBook.  User agrees that Energy PriceBook may assign this Agreement without User’s consent. 

j. Notices. User agrees that all notices, legal service, requests or other communications to Energy PriceBook will be in writing delivered by confirmed courier, or mailed by certified or registered mail, postage prepaid, return receipt requested, at the following address: Energy Enablement LLC dba Energy PriceBook, Foster Plaza 5, 651 Holiday Drive, Suite 400, Pittsburgh PA, 15220.  Parties agree that all notices, legal service, requests or other communication to User will be in writing: (i) through the Service, or (ii) sent via at least one method included in User’s contact information (e.g., email address, physical address).

Effective Date: March 1, 2023

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY AS TERMS AND CONDITIONS MAY HAVE CHANGED SINCE LAST VISITING THIS WEBSITE.

 

1. Introduction

This Privacy Policy (“Privacy Policy”) governs data collection and usage, and applies to Energy Enablement, LLC dba Energy PriceBook (referred to hereinafter as “Energy PriceBook” or “Us” or “We” or “Our”) and Our Users, wherein (“User”) shall mean any person who: (i) accesses Energy PriceBook’s interactive online and communication sites, software, databases, apps and/or services (“Service(s)”) through either non-paying, free use or paid subscriptions, (ii) selects button(s) indicating acceptance of Terms of Use (defined below), or (iii) completes the registration process to open an account for the Service (referred to hereinafter as “User(s)” or “You” or “Your”).  Any reference to “Partner(s)” shall include publishers; agencies; sponsors; advertisers; media buying platforms; demand side platforms (DSP); data management platforms (DMP); supply side platforms (SSP); ad serving companies, platforms, networks, and/or exchanges; and/or any entity participating in ad technologies, web tracking and/or web analytics.  In addition, We may use other entities and/or persons to help provide the Service (“Service Providers”).

Energy PriceBook’s goal is to provide valuable Services to Our Users and enable You to have a pleasant and productive online experience.  Central to this goal is to be transparent with You regarding the data that We collect and how We use this data.

By using Our Service, You agree to the terms of Our User Agreement, and You consent to the collection, use and sharing of Your data and Our data practices as described in this Privacy Policy and Our Cookie Policy.   The User Agreement, Privacy Policy, and Cookie Policy shall collectively mean and be referred to as the “Terms of Use,” which can be accessed and printed from Our site’s Terms of Use section.

Residents in European Union (EU), European Economic Area (EEA), and Switzerland and other regions may have additional rights under their laws.

We reserve the right to change this Privacy Policy from time to time. In such case, We will notify You of material changes to this Privacy Policy through Our Service, or by other means, including but not limited to, updating any privacy information on this page. If You object to any changes, Your sole and exclusive remedy is to close Your account. In addition, Your continued use of the Service after such modifications will constitute Your: (a) acknowledgment of the modified Privacy Policy; and (b) consent to abide and be bound by the modified Privacy Policy.

 

2.1 Information Collected From You

To better provide You with Service, We may collect personally identifiable information, including but not limited to, Your: first and last name, mailing address, e-mail address, company, phone number(s), user name, title, age, gender, user price request inputs, outputs, and sharing, and user messaging (collectively “User Personal Data”). 

Additionally, We may also collect Your password. If You purchase Energy PriceBook's products and services, We collect billing and credit card information, which is used to complete the purchase transaction. Please keep in mind that if You directly disclose personally identifiable information or personally sensitive data through Energy PriceBook's public message Service (e.g., blog posts and comments), this information may be collected and used by others.

We do not collect any personal information about You unless You voluntarily provide it to Us. However, We may collect information about You, including User Personal Data, when You elect to use certain products or services available on the Service. These products or services may include: (a) registering for an account on Our Service; (b) entering an event sponsored by Us or one of Our Partners; (c) signing up for special offers from selected third parties; (d) send, receive, or engage with messages and/or price sharing in connection with Our Service; (e) submitting Your credit card or other payment information when ordering and purchasing products and services on Our Service. We will use Your information for, but not limited to, communicating with You in relation to services and/or products You have requested from Us. We also may gather additional personal or non-personal information in the future.

 

2.2 Information Collected From Others

To better provide You with Service, We may collect and/or infer information about You, including User Personal Data, when You and others post on Our Service content that includes information about You (e.g., blog posts, comments).  In addition, We may receive and/or infer information about You, including User Personal Data, when others send messages to You and/or receive messages from You using Our Services.  We may receive and/or infer information about You, including User Personal Data, when You use the services of Our customers and other third parties, including Our Partners.  We may also receive and/or infer information about You based on information that We receive from others (e.g., other Users, Our Partners).

 

2.3 Information Collected From Use Of Service

We log usage data (e.g., webpage visited and time spent on each webpage) when You visit or otherwise use Our Services, including Our sites, app, and platform technology (e.g., Our off-site plugins), including when You view or click on content (e.g.,pricing output) or ads (on or off Our sites and apps), perform a search or price request, install one of Our mobile apps, share articles or share pricing. We use log-ins, cookies, device information and internet protocol (“IP”) addresses to identify You and log Your use. Information about Your computer hardware and software may be automatically collected by Energy PriceBook. This information can include: Your IP address, browser type, domain names, access times, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or Your mobile carrier and referring webservice addresses. This information is used for the operation of the Service, to maintain quality of the Service, and to provide general statistics and analytics regarding use of the Service.

When You visit or leave Our Services (including Our plugins or cookies or similar technology on the sites of others), We may receive the URL of both the site You came from and the one You go to next. If You use Our Services from a mobile device, that device may send Us data about Your location. Most devices allow You to prevent location data from being sent to Us in which case We honor Your settings.

Energy PriceBook may track the aforementioned use data and parameters to: (i) determine what Services are most accessed, and (ii) deliver customized content and advertising within Our Service.

 

2.4 Information Collected From Cookies

Overview
In accordance with Our Cookie Policy, We use, and allow others to use, "cookies" and similar technologies (e.g., web beacons, pixels, ad tags, cache memory, device IDs) to collect and track data to help You personalize and improve Your online experience by recognizing You and Your device(s) on, off and across different  services and devices where You have engaged with Our Services.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but You can usually modify Your browser setting to decline cookies if You prefer. If You choose to decline cookies, You may not be able to fully experience the interactive features of the Service. To provide Our Users with applicable information (e.g., ads, updates, etc.), We may, where permitted, collect, track, or rely on others to collect and track information about Your device (e.g., ad ID, User ID, IP address, operating system and browser information) if You have not interacted with Our Services.

Do Not Track (“DNT”)
DNT is a concept promoted by government bodies such as the U.S. Federal Trade Commission and the California State Legislature.  If a website collects personal information, that website must comply with, for example, the California Online Privacy Protection Act (“CalOPPA”), which requires a website to have a privacy policy and that the privacy policy include a DNT clause.  A DNT clause is a mechanism for allowing You to control the tracking of Your online activities across websites by using Your browser settings that lets You know whether or not a website agrees to not track Your activities based on Your DNT request. Although We are not required to accommodate to Your DNT requests, We are required to disclose whether We do or do not accommodate DNT requests.  To this end, We do not generally accommodate DNT requests.  In addition, we cannot control the DNT handling of third parties interacting with Our site, such as Google Analytics and others.

 

3.1 How We Use/Share Your Data – Advertisements, Communications and Opt-out

Advertisements
In accordance with the User Agreement, Energy PriceBook may collect and share with third parties, including Energy PriceBook Partners and/or Service Providers, data relating to Your interactions both on and off Our Services, wherein this data is collected and shared via a variety of methods, including web beacons, pixels, tags, cookies, local device storage, device identifiers (e.g., IP address, User ID), other tracking technologies, information collected from other Users, information collected from any use of the Service or other sites, information collected as described in Sections 2.1, 2.2, 2.3 and 2.4, and any information inferred from the data described herein (collectively referred to as “Use Content”). 

We may also present ads (and measure the performance of) ads from Us, Our Partners, and other third parties, wherein these ads may be shown to You, other Users, visitors, and others both on and off of Our Services.  This presenting and monitoring of advertisements may be accomplished utilizing the afore-described Use Content. If You take action on these ads, Your action may be associated with Your User Personal Data and such action is viewable by others, including the ad provider.

Communications
From time to time, Energy PriceBook may contact You for the purpose of: providing announcements, advertisements, alerts, network updates, alerts, confirmations, surveys, availability of Our Services, security, legal notices, and/or other general communication. These communiques can be in the form of email, notices/messages posted on Our websites or apps, and other ways through Our Services, including text messages and push notifications. To improve Our Services, We may receive a notification when You open a communique (e.g., email, etc.) from Energy PriceBook or click on a link therein.  We also may enable communications between You and others through Our Services, including invitations, groups, messages between Users, and interactions with Energy PriceBook and/or Our Partners. We may also let senders know when You act on their message.

Opt-out
We respect Your privacy and give You an opportunity to opt-out of receiving communications and advertisements from third parties. Please be aware that You may not be permitted to opt-out of receiving advertisements and service messages from Us, including security and legal notices.

 

3.2 How We Use/Share Your Data – Our Service

Energy PriceBook may collect and utilize Your User Personal Data and/or Use Content and other user information to authenticate You and authorize access to Our Service. We may also utilize Your User Personal Data and/or Use Content and other user information to: (i) research and develop new Services and enhance/automate existing Services and user activity;  (ii) operate and deliver Our Service(s); (iii) help perform statistical analysis and create aggregate data summaries including geographic, professional or industry demographics, and number of ads served or clicked on; (iv) provide customer support; (v) conduct polls and surveys by Us and others through Our Services; (vi) investigate possible security breaches, fraud and violations to Our Terms of Use and attempts to harm Our Users, visitors or Partners, and (vii) market promotions for Our Services or the products/services of Our Partners.

 

3.3 How We Use/Share Your Data – Other Parties

Paying Parties
Another person or entity procuring Our Services for Your use (e.g., Your employer) may provide Us information about You and other employees or contractors who use OurServices.  We may provide this paying-party with information about You, including User Personal Data, and enable this paying-party to review and manage Your use of the Service.

Service Providers and Partners
Service Providers may have access to Your information as is reasonably necessary to perform specified tasks on Our behalf (e.g., maintenance, analysis, audit, payments, fraud detection, marketing, development).  When personal information (including a credit card number) is transmitted to a Service Provider, it is protected through the use of encryption, including the Secure Sockets Layer (SSL) protocol. Furthermore, Service Providers shall be legally obligated not to disclose or use Your information for purposes outside their defined scope of work.

In addition, Our Service may contain links to third parties (e.g., Our Partners).  Please be aware that We are not responsible for the content or privacy practices of these third parties. We encourage You to be aware when You leave Our Service and to read the terms of use of any other site that may collect personally identifiable information.

Legal Proceedings
Energy PriceBook may disclose Your personal information, without notice, if required to do so by law, subpoena, or other legal proceeding or in the good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) enforce Our Terms of Use with You or others; (iii) protect and defend the rights, safety, interest or property of Energy PriceBook, Our Users, or others, including investigating/defending Energy PriceBook against third-party claims or allegations; (iv) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (v) operate or conduct maintenance and repair of Energy PriceBook’s services or equipment, including the Service as authorized by law; and/or (vi) act under exigent circumstances to protect the personal safety of Our Users, or the public.

Change in Ownership/Control
We may also share Your personal data, including User Personal Data and/or Use Content, as part of a sale, merger, sale of assets, or change in control, or in preparation for any of these events. Any other entity which buys Us or any part of Our business will have the right to continue to use Your data, including User Personal Data and/or Use Content, but only in the manner set out in this Privacy Policy unless You agree otherwise.

 

4.1 California Consumer Privacy Act – Overview

Section 4 describes how We process Your personal data in accordance with the California Consumer Privacy Act (CCPA).  We fully explain Our processes to all of Our Users in this Privacy Policy, but this section contains information and notices required by the CCPA, which protects Californians.

 

4.2 California Consumer Privacy Act – Do Not Sell Notice

We do not sell (as defined by the CCPA) Your personal information because We either: (i) receive your consent prior to sharing Your personal information or (ii) the sharing of Your personal information is necessary to perform a business purpose as defined in Section 4.5 below.  In addition, when we share Your personal information with a Service Provider for a business purpose, the Service Provider will not further collect, sell, or use Your personal information, except as reasonably necessary and proportionate to achieve the operational (business) purpose for which the information was collected.

 

4.3 California Consumer Privacy Act – Your Rights

The CCPA provides You with the following rights:

Request Information
You (or Your authorized agent) have the right to request that We disclose what personal data We collect, use, disclose, distribute, sell, lease and/or rent within the past 12 months (from Your request date).  You can submit Your disclosure request by contacting Us online. To validate this information request and before We take action, We may ask for additional information including, but not limited to, Your email address, phone number, and address.

Opt-Out of Selling Your Personal Data
We do not sell (as defined by the CCPA) Your personal data; therefore, We do not offer an opt-out to the sale of personal data.

Nondiscrimination
You have a right not to receive discriminatory treatment if You exercise Your CCPA rights, and We will not discriminate against You if You do exercise such rights.

Delete Information
You also have the right to request that We delete Your personal data. You can submit this deletion request by contacting Us online or by closing Your account.  To validate this deletion request and before we take action, We may ask for additional information including, but not limited to, Your email address, phone number, and address.

 

4.4 California Consumer Privacy Act – Process Personal Information

This section describes the information that: (i) We collect, (ii) sources for this information, and (iii) the business purpose(s) for collecting this information. The following organizes this information according to the personal information categories set forth in the CCPA.

Personal Information Categories

1. Identifiers including Your real name, alias, postal address, email address, account name, unique personal identifier, online identifier, internet Protocol (IP) address, cookies, beacons, pixels, tags, mobile identifiers, ad identifiers or other similar technologies and identifiers
   
2. Any categories of personal information described in California Civil Code; Section 1798.80(e) including Your name, signature, address, telephone number, education, employment, credit card number, or debit card number
3. Characteristics of protected classifications under California or federal law including Your gender or age
4. Commercial information including Your products or services purchased, obtained, or considered, or Your other purchasing or consuming histories or tendencies
5. Internet or other electronic network activity information, including, but not limited to, Your browsing history, search history, and information regarding Your interaction with an internet website, application, or advertisement
6. Geolocation data
7. Audio, electronic, visual, or similar information
8. Professional or employment-related information
9. Inferences drawn from any of the information identified in this section to create a profile about Your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

Sources
The personal information described above (Section 4.4 (A – I)) is collected from one or more of the following sources:

• Information You provide to Us directly and inferences We make based on that information
• Information from Our other Users
• Your interactions with Our Services
• Information from Our Partners and other third parties (e.g., Service Providers), including information to help Us: (i) serve Users relevant advertisements and (ii) understand the ads’ effectiveness
• Your interactions with others (third parties, Our Partners, other Users) and others interactions with You
• Business observing activities and recording the information (e.g., use of cookies, tags, pixels, etc.)

Business Purpose
The personal information described above (Section 4.4 (A – I)) is collected for one or more business purposes outlined in Section 2 and Section 3 of this Privacy Policy.

 

4.5 California Consumer Privacy Act – Disclosure of Personal Information for Business Purposes

In addition to the business purposes outlined in Section 2 and Section 3 of this Privacy Policy, We may use Your personal information to operate and deliver Our Services for the following CCPA “business purposes” (as defined by the California Consumer Privacy Act):

1. Auditing related to one or more of Your interactions with the Service and any corresponding transactions, including counting ad impressions, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards
2. Detecting security incidents, protecting You against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
3. Debugging to identify and repair errors that impair existing and/or future intended functionality
4. Short-term, transient use (e.g., a current interaction), including the contextual customization of ads shown as part of the this (current) interaction; provided that - if We do not receive your consent to share Your personal information - Your personal information will not be disclosed to another third party and will not be used to build a profile about You or otherwise alter Your user experience outside this current interaction
5. Performing services by third parties on Our behalf (e.g., Service Providers), including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services
6. Undertaking internal research for technological development and demonstration
7. Undertaking activities to verify or maintain the quality or safety of the Service, and to improve, upgrade, or enhance the Service

 

5.1 Other Information – Data Retention and Account Closure

We retain the personal data You provide while Your account is in existence or as needed to provide You Services. We may store Your data on servers provided by third party hosting vendors with whom We have contracted.

If You choose to close Your account, Your personal data will stop being visible to others on Our Services. We generally delete closed account information within 30 days of account closure, except as noted herein.  We retain Your personal data even after You have closed Your account if reasonably necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) enforce Our Terms of Use with You or others; (iii) protect and defend the rights, safety, interest or property of Energy PriceBook, Our Users, or others, including investigating/defending Energy PriceBook against third-party claims or allegations; (iv) investigate, prevent or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (v) operate or conduct maintenance and repair of Energy PriceBook’s services or equipment, including the Service as authorized by law; and/or (vi) act under exigent circumstances to protect the personal safety of Our Users, or the public.  We will retain de-personalized information after Your account has been closed. Information You have shared with others via the Service will remain visible after You close Your account, and We do not control Your publicly posted data (e.g., messages, sharing pricing) that other Users may have copied from Our Services prior to You closing Your account.

 

5.2 Other Information – Security and Cross-Border Data Transfers

Energy PriceBook secures Your personal information from unauthorized access, use, or disclosure through use of encryption.  Although We  strive to take appropriate security measures to protect against unauthorized access to or alteration of Your personal information, unfortunately no data transmission over an internet or any wireless network can be guaranteed to be 100% secure.  As a result, while We strive to protect Your personal information, You acknowledge that: (a) there are security and privacy limitations inherent to an internet which are beyond Our control; and (b) security, integrity, and privacy of any and all information and data exchanged between You and Us through the Service cannot be guaranteed.

Your personal data may be transferred to and stored on servers at Energy PriceBook’s hosting provider, Amazon Web Services (AWS) in the United States.  The data protection and privacy laws of the United States may not be as comprehensive as the laws in Your country.  For example, personal data transferred to the United States may be subject to lawful access requests by federal and state authorities in the United States.  However, Your data may be “shielded” from such request because AWS participates in the EU-U.S. Privacy Shield principles and the Swiss-U.S. Privacy Shield principles regarding the collection, use, sharing and retention of personal data from the European Economic Area and Switzerland.  These principles are described in the EU-U.S. Privacy Shield certifications and Swiss-U.S. Privacy Shield certifications of AWS. 

 

5.3 Other Information – Children’s Privacy

We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If We become aware that We have collected personal information from a child under the relevant age without parental consent, We will take steps to delete that information.

 

5.4 Other Information – Contact Information

Energy PriceBook welcomes Your comments regarding this Privacy Policy. If You have any questions or complaints, please first contact Us online.

You can also contact Us by physical mail at:

Energy PriceBook
Foster Plaza 5, 651 Holiday Drive, Suite 400
Pittsburgh, Pennsylvania 15220

 

5.5 Other Information – Definitions

As used in this Privacy Policy, unless the context otherwise requires: (a) “Include,” “includes,” and “including” are deemed to be followed by “without limitation,” whether or not they are in fact followed by such words or words of like import; and (b) unless the context clearly indicates otherwise, any term defined or used in the singular shall include the plural of such term, any term defined or used in the plural shall include the singular of such term.

Effective Date: March 1, 2023

 

PLEASE READ THIS COOKIE POLICY CAREFULLY AS TERMS AND CONDITIONS MAY HAVE CHANGED SINCE LAST VISITING THIS WEBSITE.

 

1. Introduction

This Cookie Policy (“Cookie Policy”) governs data collection and usage, and applies to Energy Enablement, LLC dba Energy PriceBook (referred to hereinafter as “Energy PriceBook” or “Us” or “We” or “Our”) and Our Users, wherein (“User”) shall mean any person who: (i) accesses Energy PriceBook’s interactive online and communication sites, software, databases, apps and/or services (“Service(s)”) through either non-paying, free use or paid subscriptions, (ii) selects button(s) indicating acceptance of Terms of Use (defined below), or (iii) completes the registration process to open an account for the Service (referred to hereinafter as “User(s)” or “You” or “Your”).  Any reference to “Partner(s)” shall include publishers; agencies; sponsors; advertisers; media buying platforms; demand side platforms (DSP); data management platforms (DMP); supply side platforms (SSP); ad serving companies, platforms, networks, and/or exchanges; and/or any entity participating in ad technologies, web tracking and/or web analytics.  In addition, We may use other entities and/or persons to help provide the Service (“Service Providers”).

Energy PriceBook’s goal is to provide valuable Services to Our Users and enable You to have a pleasant and productive online experience.  Central to this goal is to be transparent with You regarding the data that We collect and how We use this data. 

By using Our Service, You agree to the terms of Our User Agreement, and You consent to the collection, use and sharing of Your data and Our data practices as described in this Cookie Policy and Our Privacy Policy. The User Agreement, Privacy Policy, and Cookie Policy shall collectively mean and be referred to as the “Terms of Use,” which can be accessed and printed from Our site’s Terms of Use section.

Residents in European Union (EU), European Economic Area (EEA), and Switzerland and other regions may have additional rights under their laws.

To provide Our Users with relevant information (e.g., ads, updates, etc.) and a tailored, user-experience, We may, where permitted, collect and track, or rely on others to collect and track information about You and Your device (e.g., User ID, IP address, operating system and browser information) based on Your interactions with Our Service and other sites.

We reserve the right to change this Cookie Policy from time to time. In such case, We will notify You of material changes to this Cookie Policy through Our Service, or by other means, including but not limited to, updating any cookie information on this page. If You object to any changes, Your sole and exclusive remedy is to close Your account.  In addition, Your continued use of the Service after such modifications will constitute Your: (a) acknowledgment of the modified Cookie Policy; and (b) consent to abide and be bound by the modified Cookie Policy.

 

2.1 Technology Descriptions

Listed below are cookies and similar technologies that We, Our Partners and/or Service Providers utilize to collect and process data as part of Our Services. These cookies and similar technologies are not used to run computer programs on Your device, access information on Your hard drive, or deliver viruses.

Cookies
A cookie is a small file that websites place on the web browser of Your device (e.g., computer, phone, tablet, etc.). The information on the cookie file travels back and forth from Your browser and Our website (e.g., first party cookie) and/or another’s website (e.g., third party cookies from Our Partners). Cookies recognize Your device and track Your different browsing characteristics, such as: how frequently You visit a site, times of Your visits, banners and buttons You clicked, etc. Cookies enable Our website (and other third party websites such as Our Partners) to tailor Your online experience by presenting You with customized information based on Your browsing patterns and preferences.

We use two types of cookies: persistent cookies and session cookies. A persistent cookie helps Us recognize You as an existing User (e.g., user identity), making it easier for You to return to or interact with Our Services without formally logging in. A persistent cookie remains in Your web browser and will be read by Energy PriceBook or a third party (e.g., Our Partners) when You return to Our Service or a third party site (e.g., Our Partner’s website) that uses or is associated with Our Services. Unlike persistent cookies, session cookies last only as long as Your current visit (i.e. session) on Our or a third party website (e.g., Our Partner’s website).  For example, Our Partners may include ad serving companies that provide ad platforms/networks/exchanges and use (third-party) persistent and/or session cookies to remember which ads have already appeared on Your browser. This information helps Us and Our Partners deliver ads that are relevant to Your interests, control the numbers of times You see an ad, and measure the effectiveness of ad campaigns.

Pixels
A pixel refers to the code on Our Service (e.g., website) that We place or permit to be placed by a third party (e.g., Our Partner such as an ad serving company, platform, network, and/or exchange). This pixel is a tiny (1X1) image, but instead of calling an image, it calls an application that may be on Our Service (e.g., website) or on third party platform (e.g.,  media buying platform such as a DSP), wherein this application downloads a cookie to Your browser. Despite its name, the pixel itself is not visible to You and can only be seen in the software code of Our Service (e.g., website) or a third party (e.g., Our Partner’s platform).  Although a pixel may be located on Our Service (e.g., website), the pixel may be served from an external third party (e.g., Our Partner such as an ad serving company, platform, network, and/or exchange). In such case, this pixel calls an application that downloads a (third party) cookie to Your browser, which passes data from Your browser to this external third party regarding Your browsing characteristics and/or user identity.

Local Storage
Local storage enables a website or application to store information locally on Your device(s). Local storage may be used to improve Your experience with Our Service, for example, by enabling features, remembering Your preferences and speeding up site functionality.

Other Technologies
We also use other tracking technologies, such as mobile advertising IDs and tags for similar purposes as described in this Cookie Policy. References to similar technologies in this policy includes pixels, local storage, tags, IDs and other tracking technologies.

 

2.2 Technology List

Below is a sample listing of cookies and similar technology that may be used as part of Our Service.  Please note that the names may change over time.

A. Stripe – Payment Processing
lang; scfc; _stripe_mid; _ga

B. Vimeo – VideoProcessing
_ssid; _vimeo_nd_test; is_logged_in; optimizelyBuckets; has_logged_in; optimizelyEndUserId

C. Sharethis – Information Sharing
_stidv; _stid; pxcelPage_c010_B; pxcelBcnLcy

D. Google – Analytics and Research
_utma; _utmb; _utmc; _utmz

E. Pusher.com – Information Pushes
hubspotutk; _hstc; _dxc; ajs_group_id; FSAC; ajs_reset; FSAV

F. Energy PriceBook – Site Functionality
_stripe_sid; _stripe_mid; XSRF-TOKEN

 

3. Purposes

The aforementioned technologies may be used for one or more of the following purposes:

Authentication

• Identify You (e.g., user ID) and verify Your account and account settings
• Present You with correct information and personalize content in accordance with Your account settings

Security

• Provide You with fast and secure transactions with Our Services
• Keep Your account safe by detecting suspicious and harmful activity and violations of Our Terms of Use

Preferences and Functionality

• Enable features and functionality of Our Services (e.g., sort data tables so that the most recent sort is presented  when You return to a page)
• Remember Your browser settings and preferences
• Use local storage on Your device to speed processing and Service functionality
• Customize content

Plug-ins & Customization

• Enables plug-ins both on Our Service and third party platforms (e.g., Our Partners’ platforms)
• Results in analytics and Service functionality tailored to You
  • A plug-in (or sometimes referred to as add-in or add-on) is software that adds a specific feature to an existing computer program. When the existing program supports plugins, it enables customization of that existing program specific to You, the User.
  • Plug-ins use cookies and similar technologies to recognize You (e.g., user ID) and automatically initiate a request performed by the plug-in that is specific to You (e.g., automatically push pricing to You on a daily basis based on Your account settings)

Advertising

• Identify relevant advertising to You both on and off Our Services (e.g., deliver ads that are relevant to Your interests, control the numbers of times You see an ad, etc.)
• Help Us measure the effectiveness of ads (e.g., if You were presented with an ad on Our site and then You later took action on another site such as making a purchase or submitting an information request on this other site)
• Help Our Partners measure the effectiveness of their ads posted on Our site and provide Our Partners and Us with analytical information regarding these ads

Performance, Analytics and Research

• Help Us, Our Partners and/or Service Providers understand, improve and research products, features and services, including when You navigate on Our site(s) or when You access Our Services from other sites, applications or devices
• Provide analytics to Us, Our Partners and/or Service Providers based on Your interactions with Our Service or other sites
• Provide aggregated information to Our Users, Us, Partners and/or Service Providers, wherein this information is extrapolated from Your (and other Users) interactions with Our Service or other sites
  
  

4. Your Choices

You have the ability to accept or decline cookies or to prevent websites recording Your preferences or ad serving companies knowing Your web browsing history. Most web browsers automatically accept cookies, but You can usually modify Your browser setting to notify You when cookies are sent, refuse cookies from certain websites or ad-serving companies, or decline cookies all together. Furthermore, most browsers enable You to review and erase cookies that have already been placed on Your browser.  Choosing which cookies to refuse and which cookies to accept is totally up to You.  However, if You choose to decline or erase cookies, Your saved settings may no longer function or You may not be able to fully experience the interactive features of Our Service.