We collect information in the following ways:
Information You Give Us.
Account Information from Providers:
To create an account, we may have you confirm your address. We may also collect information from you when you confirm or add information to your user account.
Account Information from Other Users:
To create an account, we may collect information from you such as your name, email address, phone number, fax number, address or other personal information.
Other Information You May Provide Us:
We value your feedback. We may collect other information from you, such as when you call our customer support line, email customer service, use our social media platforms, chat with our livechat specialists or otherwise communicate with us.
Information We Get From Your Use of Our Services.
We collect device-specific information, such as your hardware model, operating system version, unique device identifiers and mobile network information.
To help us understand how you use our Apps, we automatically collect log information such as the browser you use, the times you visit, the pages you view and your IP address.
In order to help users easily find providers in their geographic vicinity, we may use your IP address to derive your approximate location. We do not, however, collect precise location information from you by using GPS or other location tracking software.
Cookies and Web Beacons:
Information We Collect From Other Sources.
We may collect information about you from third parties, including from publicly available sources. We may also collect information about you from other users of the Apps. For example, if you are a provider and a user of our Services leaves feedback about their experience with you, that information may be collected by us and shared publically with other users on our platform.
We may use the information you provide us for purposes such as:
Providing you with our Services;
Connecting you with other users on our Apps;
Delivering the Services you request and processing transactions and billing;
Contacting you for feedback about our Services;
Notifying you of technical updates or changes in our policy;
Analyzing data trends in connection with providing our Services;
Providing you customer service support;
Measuring the effectiveness of certain content or features or performing other data analytics; or
For any other purpose for which the information was collected.
Enerjy promises never to rent or sell your personal information to third parties. We do, however, work with trusted partners who perform vital functions as part of our operations. We may share information with others under any of the following circumstances:
To our trusted third party providers who perform services on our behalf, including credit card processing, cell phone services and fax services, but only to the extent such information is necessary to perform such services;
When leaving reviews or feedback, the information you choose to provide may be displayed publicly;
In the aggregate, so that such information cannot be identified as you, to provide statistical information, analyze and develop our marketing strategy and further improve our Apps and our Services;
If we are required to do so by law, in connection with litigation, a crime, or to protect personal property, the public, or the Apps;
In connection with a sale, merger or corporate change; and
With your prior consent.
We will send you email, fax and/or text notifications from time to time. When you register for an account with us, you will receive an email notification confirming your registration. Thereafter, you can choose to receive communications from us when other users have read your messages, when other users send you messages or for other relevant purposes. We may also send user surveys and requests for user feedback regarding user experience and Apps operations. Surveys and feedback are voluntary. If you do not wish to receive these communications, please opt out in any email you receive from us or change your message controls on your user account.
You may revise or delete your personal information by editing your account profile or emailing us at firstname.lastname@example.org. Following termination of your account, we will compress, encrypt and then archive all images, files, comments, direct messages and other private information about you. Such information will be stored offline on a separate server than where the Services are hosted for a period of 90 days until such information is deleted permanently. Information that you post publically on our Apps, such as public reviews, professional advice, or content in forums will remain publically viewable even after your account is terminated unless you email us at email@example.com to remove the content. Enerjy, our affiliates or our service providers may retain your information and/or your user uploaded content for a commercially reasonable time for backup, archival, audit purposes, as required by law or for legitimate business purposes.
We are committed to protecting your information from disclosure, tampering, unlawful access, and destruction. While we strive to protect your information through commercially reasonable measures, we cannot guarantee its absolute security. We use firewalls on our system to protect against viruses and unauthorized access. For added security, we host our software offsite in secure data centers. All users are required to identify and authenticate themselves prior to accessing sensitive portions of our Apps.
We are committed to the safety of children on and off the Internet. We do not knowingly collection information from persons under the age of 18. Users of the Apps who provide their information to us represent that they are 18 years of age or older. If we learn that a child under 18 has submitted personal information to us, we will attempt to delete the information as quickly as possible.
Our Apps may contain links to other websites or services that are not operated by us. You understand that we are not responsible for any websites or services linked to or from our Apps, including the information or content contained within them. When you click on a link to go from our Service to another website or service, your browsing and interaction on such third-party website or service, including those that have a link on our Apps, are subject to that third party's own rules and policies.
Last Updated: April 29th, 2017
Enerjy Terms of Service
These Terms of Service (“Terms”) are a contract between you and Enerjy, Inc., a Delaware corporation (“Enerjy,” “we,” “us” or “our”) and govern your access to and use of the mobile services, web sites or any software (the “Apps”) provided on or in connection with our services (the “Services”). The terms “you,” “your,” and “yours” refer to any person or entity who use our Apps. Please read these Terms carefully before accessing and using the Apps.
If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 11, do not access the Apps or use our Services.
a) Acceptance of Terms.
By accessing and/or using the Apps, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Apps.
b) Amendment of Terms.
We reserve the right to amend the Terms from time to time. You are responsible for regularly reviewing these Terms. All amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Apps after such posting constitutes your consent to be bound by the Terms, as amended.
c) Other Agreements.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Enerjy for products, services or otherwise.
To ensure that we are providing a secure and safe community for our users, we require users to meet certain eligibility requirements (the “Eligibility Requirements”). By accessing our Apps, you represent and warrant: (i) that you are eighteen (18) years of age or older and have the legal capacity to enter into these Terms; (ii) you have not been suspended or removed from our Apps; and (iii) that you are in compliance at all times with all laws and regulations.
You acknowledge that Enerjy may rely on the above Eligibility Requirements as true without independently verifying such information. While Enerjy strives to give users quality resources and accurate information about both providers and users, ultimately, it is your responsibility to make informed assessments about who to engage with on our Apps.
We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to a user’s Eligibility Requirements.
b) Account Information.
In order to access portions of our Apps, you may need to register for an account. When you register for an account, you agree to provide us with complete, accurate and up-to-date information in your account profile. You further agree not to share or loan your account to others and to take all necessary security precautions to protect your account from unauthorized use. You assume all responsibility and liability stemming from the use of your account and assume all risks associated with any unauthorized access to your account.
a) User Content.
Our Apps may allow you to post, create, share or store text, photos, files and other materials (“Content”). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Enerjy or other users of the Apps; (b) violates or infringes on anyone's intellectual property or proprietary rights; (c) contains software viruses or any other programs that would disrupt the functionality of the Apps or other users’ experiences on the Apps; or (d) violates any law, rule or ordinance. Enerjy reserves the right to edit or remove Content that violates these Terms.
We claim no ownership over the Content that you produce, except if produced under a separate agreement between you and Enerjy. By publically posting Content (“Public Content”) on our Apps, such as on public forums or while leaving reviews, you agree to grant an irrevocable license to display your Public Content on our Apps without any expectation of compensation. This includes allowing us to use your Public Content even after you have terminated your user account with us, including for marketing purposes. For the avoidance of doubt, Public Content does not include private files, private communications and other information that is not publically posted on our Apps, which will always remain confidential.
b) Prohibited Conduct.
In order to provide a safe environment for all of our users, you promise not to:
Harass, threaten, or defraud users or staff of Enerjy or our vendors;
Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
Use false credentials or create fake user accounts;
Pretend to be another person or access another user’s account;
Pretend to have professional licensing credentials when you do not;
Infringe upon any patent, trademark, trade secret, copyright or other proprietary right of any party;
Misrepresent the source, identity, or content of information transmitted via the Apps;
Take any action that would undermine any aspect of the Apps;
Access anything posted by another user that you know, or reasonably should know is in violation of these Terms; or
Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Apps.
c) Prohibited Uses.
You may not use, or encourage, promote, facilitate, or instruct or induce others to use, the Apps for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. You further agree not use the Apps for any purpose that is prohibited by these Terms. You may not use the Apps in any way that, in our view, could interfere with another user’s enjoyment of the Apps. You may not attempt to gain unauthorized access to the Apps, or any part of the Apps, other accounts, web servers, networks or databases connected to the Apps, or any part of them, through hacking, reverse engineering or any ways of interfering with the proper working of the Apps. You agree not interfere with security-related features of the Apps.
You understand and agree to abide by Enerjy’s and Enerjy’s third party providers’ payment policies. You agree to pay all costs associated with using the Apps and the Services provided by Enerjy, if any.
The Apps are owned and operated by Enerjy. The Apps and its entire contents, including visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Apps provided by Enerjy (the “Materials”) are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Except for Content uploaded by you, the Materials on the Apps are the copyrighted property of Enerjy.
All trademarks, service marks, and trade names are proprietary to Enerjy and you agree not to use them without Enerjy’s written consent. If you create anything using the Enerjy trademark, you agree that Enerjy exclusively owns all right, title and interest in and to such materials, including without limitation any modifications or derivative work based off of the Enerjy trademark. You further agree to assign any interest or right you may have in such materials to Enerjy, and to provide information and execute any documents to formalize such assignment.
These Terms permit you to use the Apps for your personal use only. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
You will defend, indemnify and hold harmless Enerjy, its independent contractors, affiliates, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “Enerjy Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your access, use or conduct on our Apps, any Content you provide or your violation of these Terms.
YOUR USE OF THE APPS IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE APPS, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS” BASIS. ENERJY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ENERJY MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE INFORMATION ON THE APPS IS ACCURATE; OR (B) THE SERVICES FROM PROVIDERS WILL MEET ANY TYPE OF REQUIREMENTS OR PROVIDE ANY TYPE OF RESULTS.
WHILE WE MAKE EVERY ATTEMPT TO MAKE OUR APPS SAFE, YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE APPS, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
IN NO EVENT WILL ENERJY, ITS SERVICE PROVIDERS, AFFILIATES, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE APPS, THE SERVICES, OR THIS AGREEMENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
ENERJY IS A PLATFORM CONNECTING USERS WHO NEED SERVICES WITH PROVIDERS WHO PROVIDE SUCH SERVICES. HOWEVER, ENERJY IS NOT A PARTY TO ANY TRANSACTIONS BETWEEN USERS AND PROVIDERS. AS SUCH, ENERJY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE ENERJY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM OR DAMAGES ARISING FROM OR RELATED TO ANY INTERACTIONS BETWEEN YOU AND ANY OTHER USERS OR THIRD PARTIES ON OR OFF THE APPS.
ENERJY USES THIRD PARTY VENDORS TO PROVIDE CERTAIN SERVICES ON THE APPS. UNDER NO CIRCUMSTANCES WILL ENERJY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DAMAGES ATTRIBUTED TO SUCH THIRD PARTY VENDORS, INCLUDING SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE.
PLEASE READ THE FOLLOWING CAREFULLY:
Arbitration facilitates the prompt and efficient resolution of any disputes that may arise between you and Enerjy. Arbitration is a type of dispute resolution where the parties engage an arbitrator to weigh in on their dispute instead of having such dispute settled in court by a judge or jury trial. You can opt-out of this Arbitration Agreement (as explained below) to maintain your right to litigate your disputes in court.
By entering into this Arbitration Agreement, you agree to waive your right to litigate your claims in front of a judge or jury and in arbitration, there is typically no court review of an arbitration award. The arbitrator must make a decision based off of what is written in this Arbitration Agreement.
For the purpose of this Arbitration Agreement, “Enerjy” means Enerjy and its parents, subsidiaries, and affiliated companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Enerjy regarding any aspect of your relationship with Enerjy and is to be given the broadest possible meaning that will be enforced.
WE AGREE THAT ANY AND ALL DISPUTES, WHETHER BASED ON ACTS OR OMISSIONS IN THE PAST OR FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
b) Exclusions From Arbitration And Your Right To Opt Out.
You have the option to bring a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court in your state of residence; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT. You may opt out of this Arbitration Agreement by mailing written notification to Enerjy at 7803 Alderdale St Downey, CA. Your opt-out notice must include your full name with your clear intent to opt-out of binding arbitration and be sent by certified mail. It is your responsibility to track your opt-out notice to ensure that Enerjy receives it within the 30-day opt-out period. Enerjy is in no way responsible for any opt-out requests that are lost by your mail delivery service. In the event that the Dispute is brought to court, you agree that the substantially prevailing party of the Dispute will pay for the other party’s attorneys’ fees and other costs.
JAMS will arbitrate all Disputes in front of a single arbitrator. The arbitration will be an individual arbitration and under no circumstances will the arbitration be commenced as a class arbitration. The arbitrator will decide all issues brought by the parties. In the event this Arbitration Agreement conflicts with the arbitration rules, this Arbitration Agreement will govern. You agree that these Terms affect interstate commerce and that the Federal Arbitration Act (“FAA”) should govern the arbitrability of all Disputes.
You and Enerjy agree that any Dispute must be commenced within one (1) year of the date the Dispute arose or else the claim is permanently barred. You and Enerjy agree that (a) any arbitration will occur in the State of Delaware, (b) arbitration will be conducted confidentially by a single arbitrator and (c) that the state or federal courts of the State of Delaware and the United States, respectively, sitting in Delaware, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. If applicable, you also have the option to litigate a Dispute in the small claims court in the county of your address.
e) Class Action Waiver.
You and Enerjy agree that there will be no class arbitration or arbitration in which an individual person attempts to resolve a Dispute as a representative of other individuals. You and Enerjy agree that Disputes cannot be resolved as class actions, whether by arbitration, litigation, or otherwise.
If any portion of this Arbitration Agreement (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that portion will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect.
This Arbitration Agreement shall survive the termination of your contract with Enerjy and your use of the Apps and services.
These Terms are governed by the laws of Delaware, without resort to its conflict of law provisions. In the event the arbitration provision in Section 11 does not apply, you agree that any claim relating to these Terms will be filed only in the state and federal courts located in the State of Delaware and you irrevocably and unconditionally consent to the jurisdiction of such courts to hear such claim.
These Terms constitute the entire agreement between you and Enerjy relating to your access to and use of our Apps. These Terms may not be transferred or assigned by you without the prior written consent of Enerjy. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. These Terms are for the benefit of the parties and do not confer third party beneficiary rights upon any other person or entity.
If you have any questions, comments, or concerns about these Terms of Service, please contact us at:
Last Updated: April 29th, 2017