Terms and Conditions of Use

Last updated May [22], 2018

Welcome to the website of One Big Switch, LLC (“One Big Switch,” “us,” “our,” or “we”). These terms and conditions, together with our Privacy Policy, (collectively, these "Terms"), govern your access to and use of www.onebigswitch.com, including any content, functionality, and services offered on or through the Site (the "Services").

By accessing or using the Services, you accept and agree to be bound by these Terms.  Please read these Terms carefully before accessing or using any of the Services. If you do not agree to be bound by all of these Terms, you may not access or use the Services. One Big Switch may from time to time amend, update or change the website, including these Terms, without prior notice. You should periodically check the page containing these Terms for changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. These are the current Terms and replace any other terms and conditions of use previously published for this website.

 

Your Access and Use of Our Website and Services

The Services are offered to you subject to these Terms. We may immediately terminate your access to this website, without notice, if you breach these Terms.

You Must Ensure That Your Personal Information Is Accurate and Current.  It is a condition of your use of the Services that all the information you provide is correct, current, and complete. We have obligations to the providers who participate in our Services, and must not provide any information we know is misleading or deceptive. We also have obligations under the law to report any fraud, forgery, or other illegal activities. To use the Services or become a member of One Big Switch, you may be required to provide us with information about you, which may include personally identifiable information and/or financial information, some of which may be confidential in nature (“Personal Information”). By using any of the Services and/or becoming a member of One Big Switch, you acknowledge that we have these obligations to participating providers and their representatives under the law. If you provide Personal Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep your Personal Information current and to update your Personal Information if any of your Personal Information changes. Our collection, use and disclosure of your Personal Information is governed by these Terms and our Privacy Policy. If you have any questions about how we collect and use your Personal Information, or about our relationship with our members, please contact us and ask before you sign-up.

You Are Responsible for Keeping Your Password Secure. If our Services require you to create a password, then it is your sole responsibility to maintain the security of that password. You agree that we shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party.

You Are Responsible for Notifying Us of a Breach. You agree to immediately notify us of any unauthorized use of your password, any unauthorized use of any account that you may have with us, any violation of these Terms, or any other breach of security known to you in connection with any product or service available on our Services by sending an email to: privacy@onebigswitch.com.

 

You Are Responsible for Your Decisions. The information on this website is not intended to be financial, legal or any other advice or a product recommendation. One Big Switch has taken all reasonable care in producing this website, but cannot guarantee it has all of the information you need to answer all of your questions. Further information about any offers on this website can be obtained by contacting the provider of the product or service by using the contact details supplied with such offer, or visiting the website. All product details, rates, prices, terms, conditions and other information are subject to change at any time without notice. For energy, insurance, telecommunications and financial products, we provide information only, not recommendations. We do not endorse or recommend that you apply for or subscribe to any particular product or contract with any particular provider, and, unless otherwise disclosed by us, we are not an agent or advisor to you or any such provider. We do not validate or investigate the licensing, certification or other requirements and qualifications of participating providers. It is your responsibility to investigate any such providers if you choose to apply for or subscribe to any products or contracts offered by them in connection with the Services.

You acknowledge and agree that participating providers are solely responsible for any services that they may provide to you and that we are not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of any such provider’s products or services.

 

In providing the information on this website, One Big Switch has not taken your personal financial, energy, insurance or telecommunication circumstances, needs and/or objectives into account. You should consider these things and make up your own mind as to whether any product or service that is the subject of an offer is suitable for you before making any decisions. We urge you to obtain the advice of financial advisors, brokers or other qualified professionals who are fully aware of your individual circumstances before you make any decisions in connection with the Services. You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by participating providers.

You Acknowledge and Agree That We Are Not a Service Provider. Unless otherwise expressly disclosed to you by us and permitted by applicable law (e.g., see “Licenses and Registrations” later in these Terms), One Big Switch is not a retail energy provider, agent, aggregator, telecommunications company, insurance company, financial institution or credit provider. Instead, we, through our Services, may help to connect you with energy suppliers, insurance companies, telecommunications companies, financial institutions or credit providers that might meet your needs based on information provided by you. We do not, and will not, make any decision with respect to services provided by any supplier or provider referred to you. We do not supply energy or telecommunications services or issue mortgages, insurance policies, credit cards, or any other financial products.

You Acknowledge and Agree That We Are Not Your Agent. By registering, you are indicating your potential interest in discounted offers that One Big Switch may identify. Unless otherwise expressly agreed between you and us and permitted by applicable law, you are not appointing One Big Switch as your agent and One Big Switch is not serving as your agent in negotiating with potential energy suppliers, insurance companies, telecommunications companies, financial institutions or credit providers. With respect to any offers made available through the website or pursuant to the Services (including, without limitation, for energy, insurance, financial or telecommunications products), your existing provider will not be changed unless you agree to such a change in a separate transaction after a discounted offer is found.

Licenses and Registrations

In compliance with applicable law, One Big Switch may, from time to time, be registered with and/or licensed by certain state and federal regulatory agencies and authorities to perform certain of the Services that are deemed to be regulated activity by such agencies or authorities. One Big Switch currently holds the following registrations/licenses:

  • Class I Energy Aggregator in the State of Texas (Registration # 80410)
  • Residential Electric Broker/Marketer in the Commonwealth of Pennsylvania (Docket # A-2015-2521028)

 

No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. We do not make any warranties or representations regarding the quotes, fees, terms, rates, or services offered or made available by energy suppliers, insurance companies, telecommunications companies, financial institutions or credit providers pursuant to the Services. We do not guarantee that any such quotes, fees, terms, rates, or services offered by any such providers are the best available.

You Do Not Pay Fees to Us; Release from Liability. Unless you are an energy supplier, insurance company, telecommunications company, financial institution or credit provider participating in the Services, we do not charge you a fee or commission to use our Services. One Big Switch earns a commission or fee from the provider of the product or service when our members choose to switch to such product or service. All offers disclose the commission or fee that One Big Switch will be paid if a member switches to such product or service. We are not involved with and are not responsible for any fee arrangement that you may enter into with any participating provider. You acknowledge and agree to this compensation arrangement. You hereby irrevocably and unconditionally release us of any and all liability for losses, costs, damages or claims in connection with, arising from or related to your use of a participating provider’s products or services, including any fees charged by any such provider.

Intellectual Property

The website and all works contained in it, including the visual interface, graphics, design, text, computer code, and any other copyrightable materials are licensed to or owned by One Big Switch, are One Big Switch’s intellectual property, and are protected by all applicable intellectual property and proprietary rights laws. You may not adapt, reproduce, broadcast, decompile, disassemble, copy, store, distribute, transmit, print, modify, perform, publish or create derivative works from any part of this website or put to commercial use any information, products or services obtained from any part of this website without One Big Switch’s prior written consent. If you transmit, submit or post information to our website (including any photographs), you thereby grant One Big Switch, its contractors, and the users of the website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display and distribute such content and to prepare derivative works of, or incorporate into other works, such posted content. You represent and warrant that you own or control all rights in and to the content you submit or post to our website and that you have the right to grant the license granted above. You agree that you will not submit or post any content that infringes any trademark, copyright, or other intellectual property rights of others, or that violates any applicable federal, state, local, or international law or regulation.

Framing and Linking to the Website

Linking to the website will only be permitted with the express prior written consent of One Big Switch. One Big Switch is not responsible for the content of any other website accessed via the One Big Switch website. Links to other websites are provided for convenience only and do not represent any endorsement by One Big Switch of the products or services offered by the website owner.

Interference

One Big Switch is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the website is free of errors, viruses or anything else (such as ‘worms’ or ‘trojan horses’) that may interfere with or damage the operations of your computer systems.

Indemnification

You agree to defend, indemnify and hold harmless One Big Switch and its officers, members, managers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “OBS Entities”) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorney’s and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of this website or the Services; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense,to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Disclaimers; No Warranties

THE SERVICES AND THE INFORMATION PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE OBS ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES OR THIS WEBSITE. THE OBS ENTITIES DO NOT MAKE ANY REPRESENTATION, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RESULTS OR SAVINGS THAT MAY BE OBTAINED THROUGH THE USE OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE OBS ENTITIES IS AN ENERGY SUPPLIER, INSURANCE COMPANY, TELECOMMUNICATIONS COMPANY, FINANCIAL INSTITUTION, CREDIT CARD PROVIDER, OR OTHER FINANCIAL SERVICE PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT ONE BIG SWITCH ACTS SOLELY AS AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, THE OBS ENTITIES EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS. UNLESS EXPRESSLY AGREED BETWEEN YOU AND US AND PERMITTED UNDER APPLICABLE LAW, NO OBS ENTITY ACTS AS YOUR AGENT IN RESPECT OF ANY OF THE SERVICES.

Limitation of Liability

IN NO EVENT WILL THE OBS ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE OBS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR LIMITATION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Governing Law

These Terms are governed by the laws of the State of New York without regard to conflict of law principles, and you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York County, New York for the purpose of litigating any dispute arising under or involving the interpretation of these Terms.

Privacy Policy

The One Big Switch Privacy Policy sets out how One Big Switch will use your information. By using our website, registering your interest with One Big Switch, contacting One Big Switch or participating in a campaign, you consent to One Big Switch handling and processing your information as described in the Privacy Policy.

 

Our Services are Not Intended for Minors

Our Services are intended to be accessed and used only by adults and are not directed to minors. By using our Services, you represent and warrant that you are at least 18 years of age and you agree not to allow any person under the age of 18 to use any of our Services via your registration or password. As stated in our Privacy Policy, we do not knowingly collect personally identifiable information by anyone under the age of 13, and you should not provide us with any information regarding any individual under the age of 13.

Information Is Sourced from Third Parties

In compiling this website, One Big Switch has relied on the information provided to us by third parties. We do not guarantee the correctness or completeness of the information provided on this website. From time to time, the website will contain links to a third party’s website. One Big Switch takes no responsibility for the information provided on a third party's website regardless of whether or not the website was accessed through a link from the One Big Switch website. The provision of a link on does not constitute an endorsement or approval of that website or any products or services on that website. Complaints If you have any complaints about the service provided by One Big Switch, you should email us at contact@onebigswitch.com.

 

By clicking on the "Let's Get Started" button above, I acknowledge having read, understood and agreed to the Terms and Conditions and the Privacy Policy