UTILITE TERMS OF SERVICE

Last Updated:  June 14th, 2023

Energy Fix Group, LLC DBA (“Top Choice Energy,” “we,” or “us”) operates the utilite.net website (“Website”) and provides the Top Choice Energy Service, which enables users to compare services and products offered by various third-party service providers (“Providers”). By using our Service, you acknowledge and agree to the following Terms of Service (“TOS”) and the license granted herein. You also consent to receiving notices from Top Choice Energy electronically. Any rights not explicitly granted herein are reserved by Top Choice Energy.

These TOS may change from time to time, and we may notify you of any changes either by email or by updating the Terms online. By continuing to use the Website or Service after any modifications to the TOS, you acknowledge the changes and agree to the updated version. Please review our Privacy Policy for information about how we use the data obtained through your use of the Website and Service, as using the Website and Service also binds you to the Privacy Policy.

  1. Service Description: Top Choice Energy is a comparison platform that allows users to compare and contrast services and products offered by various Providers. The information provided is for general educational purposes. Please refer to Section 6 for additional disclaimers and information on how we present Provider services and our compensation.

If you choose to enroll with a Provider found on the Website, your contractual relationship will be with that Provider and not with Top Choice Energy. Top Choice Energy is not responsible for the quality of services provided by any third-party Provider, and any issues should be directed to the Provider directly.

  1. Letter of Authorization for Historical Usage Information: The Service may allow you to authorize Top Choice Energy to request your historical electricity usage information for specific purposes. By authorizing us to make such requests on your behalf, you confirm that you have the authority to do so and that you hold Top Choice Energy harmless for any claims arising from the use of the historical electricity usage information.

  2. Establishing a User Account: When you submit an order for services using the Website or phone, you are requesting that we create a user account for you. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. You may terminate your account at any time. Top Choice Energy reserves the right to refuse service, terminate accounts, remove content, or cancel accounts for any reason.

  3. License: Top Choice Energy grants you a non-exclusive, non-transferable, limited license to access and use the Website and its content solely for personal and non-commercial use. You may not copy, reproduce, modify, or distribute any content without the express written consent of Top Choice Energy.

  4. Termination of License: Top Choice Energy reserves the right to terminate the License granted herein and deny you access to the Service for any reason. Termination will not affect any additional rights or relief to which Top Choice Energy may be entitled.

  5. How We Present Plans and How We Are Compensated: The Website does not charge visitors a fee. Some Providers on the Website have agreements with Top Choice Energy, and Top Choice Energy may receive compensation from them when consumers enroll in their services. This compensation, along with other factors, may influence the visibility and placement of Providers on the Website. Top Choice Energy may also receive payment for placing advertisements on the Website.

  6. General Prohibitions: You may not copy, modify, reverse engineer, interfere with, or disrupt the Website or Service, among other prohibited actions.

  7. Linking Policies: You may link to publicly available portions of the Website, provided you comply with certain conditions. Outbound links to other websites are provided for reference and are not endorsed by Top Choice Energy.

  8. No Warranty: The Website and Service are provided “as is” without warranties of any kind. Top Choice Energy disclaims any and all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  9. Limitation of Liability & Release: Top Choice Energy shall not be liable for any indirect, special, incidental, or consequential damages arising from your use of the Website or Service. Top Choice Energy is not responsible for examining or evaluating the services of Providers, and any disputes should be resolved directly with the Provider. You release Top Choice Energy from any claims related to such disputes.

  10. Indemnification: By using the Website or Service, you agree to defend, indemnify, and hold Top Choice Energy harmless from any losses, liabilities, expenses, damages, and costs arising from your use of the Service and any violation of these Terms.

  11. Copyright: All information and content on the Website, including trademarks, logos, and intellectual property, are the property of Top Choice Energy or third-party copyright holders used under license. Unauthorized use of copyright-protected works is not permitted.

  12. Texas Broker Disclosure: Energy Fix Group, LLC is a registered electricity broker with the Public Utility Commission of Texas (PUCT). Information about how we are compensated can be found in Section 6.

  13. Choice of Law; Forum: These TOS are governed by the laws of the United States and the State of Texas. Any disputes shall be brought in Dallas, Texas.

  14. Arbitration Agreement and Class Action Waiver: You agree to arbitrate all disputes and waive the right to a trial by jury or to participate in any class action. Disputes will be governed by Texas law.

  15. Limitation of Actions: Claims arising from your use of the Service must be filed within one year after the claim arises.

  16. Entire Agreement: These TOS constitute the entire agreement between you and Top Choice Energy.

  17. Severability: If any provision of these TOS is found invalid, the remaining provisions shall remain in effect.

  18. How to Contact Us: You may contact us by Registered United States Postal Mail at the address provided at the end of these TOS.                                                                                                                                                                                                                                                                                                              2722 W Kingsley Rd ste 114, Garland. TX, 75041