Effective Date: March 1, 2024

Please carefully read this agreement. By accessing or using our Services, you agree that you have read and agree to be bound by the terms and conditions of this agreement.

Introduction and Acceptance of the Terms

THESE TERMS OF SERVICE (the “Terms”) set forth the terms under which SwiftUnity, LLC (“SwiftUnity”, “we”, or “us”)  will provide access to our website and related services (collectively, the “Services”) to you (the “User”, “you”, or “your”) through https://www.swiftunity.com/ and all affiliated websites, including mobile websites and applications, owned and operated by us or our Affiliates (the “Site”).

SwiftUnity is a leading energy brokerage dedicated to helping you find the ideal electricity service for your needs. These Terms constitute a legally binding agreement between you, whether personally or on behalf of any entity, and SwiftUnity, concerning your access to and use of our Site and Services. You agree that by accessing our Site, you have read and do unreservedly accept these Terms. These Terms are important to you and us, as it is used to protect your rights as a valued customer and our rights as a business.

As used in this Agreement, references to our “Affiliates” includes our owners, subsidiaries, affiliated companies, officers, directors, employees, contractors, sellers, partners, sponsors, advertisers and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

We expressly reserve the right to change these Terms from time to time without notice to you. You agree that it is your responsibility to review the Site and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of the Site after such modifications will constitute acknowledgement of the modified Terms and agreement to abide and be bound by the modified Terms.

Our Services

The following is a description of our Services:

• Zip Code-Based Price Information. Our Site is designed to deliver you personalized electricity pricing information based on the zip code you provide. Simply input your zip code, and our system will instantly fetch a detailed list of available electricity service prices in your area.
• Comprehensive Utility Company Listings. We provide a comprehensive list of utility companies, their rates, services, and product options without favoring any provider. Our goal is to present you with an unbiased, complete view of your possible choices.
• Price Sorting Functionality. With our user-friendly interface, you can effortlessly sort available electricity plans based on price. This feature allows you to make an informed decision based on cost-effectiveness and your budgetary preferences.
• Contract Length Options. We understand that flexibility is key when choosing an electricity plan. Our Site allows you to sort and compare options based on contract length, providing you with the freedom to select a term that aligns with your personal or business needs.
• Feature Comparison. Different utility companies offer varying features with their electricity plans. Our Services enable you to compare these features side-by-side, ensuring that you can evaluate not just on price and contract term, but also on the benefits each plan provides.
• Educational Resources and Support. To assist you in making an informed decision, we offer educational resources that explain various aspects of electricity services, including types of plans, billing, and other important factors. Our customer support team is also available to answer any questions you might have about the services or the selection process.

Please note that SwiftUnity is a brokerage and does not directly provide electricity or utility services. We act as an intermediary to connect you with potential providers. We strive to keep our information accurate and up to date, but we cannot guarantee the availability or accuracy of prices or Services as they are subject to change by the utility companies.

The information provided when using our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law or regulation, or which would subject us to any registration requirement within such jurisdiction. Accordingly, those persons who choose to access our Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Links to Other Sites and Advertisements

• Links to Other Websites. Where appropriate, we may include links to other websites or organizations, or you may be sent via the Site to third-party websites. We have no control over the contents or administration of other websites, and make no warranties, either express or implied, or recommendations concerning the information on such websites.
• Advertisers. We may allow advertisers to display their advertisements and other information in certain areas of our Site, such as sidebar advertisements or banner advertisements. If we choose to do so, it will be as a provider of advertising space only; we have no other relationship with advertisers.
• Linking to this Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.

Intellectual Property Rights

• Rights to Use Our Services. Subject to these Terms, SwiftUnity grants you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable license to access and utilize our Services solely for your personal, non-commercial, or internal business purposes.
• Services Ownership. All rights, title, and interest in our Services, including all content on our Site (source code, databases, functionality, website designs, text, images, graphics, videos, etc.), are and will remain the exclusive property of SwiftUnity and our Affiliates. Our Services are protected by copyright, trademark, and other laws of the United States.

Nothing in these Terms gives you a right to use the SwiftUnity name or any of our intellectual property rights, trademarks, logos, domain names, and other distinctive brand features, except for the limited license rights specifically granted to you in these Terms.

Any partial or total reproduction of our Services or content, by any means, is subject to prior and express authorization by us.

We cannot give you the right to copy, display, sell or otherwise distribute content or materials you do not have rights to. All fraudulent use or distribution of content or materials that violates the rights held by a third party constitutes a criminal offense, which is severely punished under applicable law.

Feedback. You may voluntarily provide SwiftUnity with suggestions, information, enhancement requests, recommendations or other feedback relating to the performance and features of this Site and/or our Services (“Feedback”). You grant to SwiftUnity an exclusive, royalty-free, irrevocable, perpetual, transferable, sublicensable, worldwide right and license to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute any such Feedback without limitation, without acknowledgement or compensation to you. Any Feedback may not be treated confidentially by SwiftUnity.

Takedown Requests. We respect the intellectual property of others, and we ask you to do the same. If you, or any user of our Services, believes its copyright, trademark or other property rights have been infringed by any content on our Services, you may submit a takedown request. To do so, please provide us with the following information:

1. Identify the material that you claim is infringing upon your copyrighted work
2. Your contact information, including an email address
3. Enough information, if possible, to permit us to notify the owner of the allegedly infringing material or other content
4. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. Sign the notice
7. Send the written communication to us at the following address:

SwiftUnity, LLC
RE: Copyright Infringement
[1501 N Wall St, Belton, TX 76513]

Email: support@swiftunity.com

User Conduct

You agree to use our Services only for purposes that are legal, proper and in accordance with these Terms and all applicable laws and regulations in the relevant legal jurisdictions. You agree to comply with all local laws and rules about acceptable use of and conduct on the Internet.

You further agree to not:

• use our Services for illegal purposes;
• upload or transmit any material that contains Services viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Services, hardware, or equipment;
• using any data mining, robots or similar data gathering or extraction methods;
• to resell, transfer, or sublicense (or attempt to do so) any part of our Services to another person or entity;
• reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, our Services unless you have been specifically allowed to do so in a separate agreement; or
• reverse engineer, decompile, or disassemble any Services provided by SwiftUnity.

Services Management
We reserve the right, but not the obligation, to (a) monitor our Services for violations of these Terms; (b) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation reporting such User to law enforcement authorities; (c) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) your access to our Services; and (d) otherwise manage our Services in a manner designed to protect our rights and property and to facilitate the proper functioning of our Services.

Warranties; Limitation of Liability and Indemnification

Disclaimer of Warranties. The Site and Services provided by SwiftUnity may contain technical errors, inaccuracies, or typographical errors. WE MAKE NO WARRANTY THAT THE SERVICES OFFERED WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. We reserve the right to modify the content on our Site, including prices and descriptions of any listed utility services at any time without prior notice. The content on this Site may not be current, and we undertake no obligation to update such content.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFTUNITY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(B) SWIFTUNITY DOES NOT WARRANT THAT: (I) OUR SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (III) ERRORS IN OUR SERVICES WILL BE CORRECTED.

(C) ANY MATERIAL OR INFORMATION OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

Limitation of Liability. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE INCLUDING:

• THE INABILITY TO USE OUR SITE;
• THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED THROUGH OR FROM OUR SITE; OR
• ANY OTHER MATTER RELATING TO OUR SITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION.

Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, if these laws apply to you, some or all the above disclaimers or limitations may not apply to you, and you may have additional rights.

Indemnification. You assume sole responsibility for all use of our Services and agree to indemnify, defend and hold SwiftUnity harmless from and against any and all claims, causes of action, suits, proceedings, demands, damages, costs, expenses and liabilities of any kind whatsoever, including (without limitation) legal expenses and reasonable attorneys’ fees, from third parties (“Claims”), arising out of or in any way related to: (a) your use of our Site, including without limitation the use or inability to use the same, or any errors or defects in the same; or (b) any breach by you of these Terms.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such Claims. We will use reasonable efforts to notify you of any such Claim which is subject to this indemnification upon becoming aware of it.

Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH SWIFTUNITY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.

Binding Arbitration. All disputes, Claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of our Services, except for Claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration in accordance with Commercial Arbitration Rules of the American Arbitration Association (“AAA”) governing rules and procedures. In agreeing to arbitrate all Claims, you and SwiftUnity waive all rights to a trial by jury in any action or proceeding involving any Claim.

If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Bell, Texas. Except as otherwise provided herein, the parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

If for any reason, a Claim proceeds in court rather than arbitration, the Claim shall be commenced or prosecuted in the state and federal courts located in Bell, Texas, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Restrictions. The parties agree that any arbitration shall be limited to the Claim between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding, (b) there is no right or authority for any Claim to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Claim to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration. The parties agree that the following Claims are not subject to the above provisions concerning binding arbitration: (a) any Claim seeking to enforce or protect or concerning the validity of any of the intellectual property rights of a party, (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any Claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Claim falling with that portion of the provision found to be illegal or unenforceable and such Claim shall be decided by a court of competent jurisdiction within the State of Texas.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site or our Services with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons, your right to use the Services immediately ceases, and you acknowledge and agree that we may immediately bar any further access to our Services or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.

General Terms

Electronic Communications, Transactions, and Signatures. Visiting our Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via our Services. You hereby wave any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery, retention of non-electronic records, payments, or the granting of credits by any means other than electronic means.

Changes to the Terms and the Services. The Site and the Services we provide are a work in progress and things may change, be added or be taken away. We reserve the right to update the Site, our Services, and these Terms from time to time, at our discretion and with no notice. It is solely your responsibility to keep up-to-date with the latest Terms by checking back regularly. Your continued use of the Site and our Services following the publishing of updated Terms will be taken to mean you have read and agree to the changes.

Governing Law. By accessing this Site, you agree that your use of our Services is governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

Entire Agreement. These Terms constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties regarding that subject matter. These Terms may not be altered, supplemented, or amended using any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. If anything in or associated with our Services is in conflict or inconsistent with these Terms, these Terms shall take precedence.

Severability. If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms shall remain in full force, as long as the essential terms and conditions of these Terms for each party remain valid, binding, and enforceable.

Notices. All notices to a party shall be in writing and shall be made electronically. Notices to us must be sent to support@swiftunity.com , if by email, or by filling out our contact form located at: https://www.swiftunity.com.

Feedback and Comments. We welcome any comment, question, and communication at support@swiftunity.com .

Privacy. We respect the privacy of our users. Please take a moment to review our Privacy Policy.