Terms and Conditions of Use
Welcome to CurrentHub provided by Lovely Energy, LLC. By using CurrentHub, you can manage your energy customer relationships, request quotes and proposals from energy suppliers, and manage commissions and agents.
CurrentHub (the Service) is provided by Lovely Energy, LLC (the Company), and together is referred to herein as CurrentHub.
User means any person using the CurrentHub site, software, or service.
Confidential information means all information disclosed from one party (disclosing party) to another party (receiving party) that is designated in writing as confidential as well as all User Data. Confidential information shall not include information which: (1) is known publicly; (2) is generally known in the industry before disclosure; (3) has become known publicly; and (4) has otherwise been lawfully known or received by the receiving party.
Your Data means any personally identifiably data uploaded by the user that would typically be provided in the normal use of CurrentHub. This includes, without limitation, any financial or clientele information of any nature or any personally identifiable information that could be legally considered private or sensitive.
Fees include subscription fees, service fees, and any other amounts due to CurrentHub and payable by the user under this Agreement.
2. Use of the Service
Eligibility and Registration
You must be over the age of 18 in order to register for and use the Service. The Service is not intended for and may not be used by users under the age of 18.
Each user is required to establish a user account. In establishing such an account, the user represents that all information provided to Lovely Energy is accurate and complete and understands that the user will be responsible for all use of the Service under the user’s account including payment of all fees. Users are not permitted to share passwords or any account information with any other person.
The user agrees to use the Service and all data provided through the use of the Service in compliance with all applicable local, state, and federal laws as well as any applicable rules, regulations, and fair trade practices. CurrentHub reserves the right to establish such rules, policies, or limits (“Policies”) for use of the Service. Any user’s utilization of the Service and all data provided through the use of the Service will be subject to all Policies published on our website.
Fees and Charges
CurrentHub offers varying subscription plans for the Service in exchange for direct payments (“Fees”). The user agrees to pay the Fees as described in the relevant client agreement. In the event the user cancels the Service, the user will not be entitled to receive a refund of any Fees already paid.
CurrentHub reserves the right to adjusts said Fees at any time, either for continuing use of the Service or for any specific functionality or new feature. CurrentHub will make a good faith effort to provide prior notice to users subscribing to the Service by posting notice on the website or giving notice directly to users if and when new fees or options are adopted.
All Fees are exclusive of all federal, state, or local taxes and other governmental fees or charges. Any such applicable taxes will be charged to the user’s account. CurrentHub reserves the right to suspend or terminate use of the Service if the user fails to pay any Fees when due, including if the charges are refused by the user’s credit card company.
Trial and Evaluations
CurrentHub may offer trials or an evaluation period for the Service. The trials or evaluations may include limitations on the user’s utilization of the Service. If a user registers for a trial, upon the expiration of the trial period, the user will be required to convert to a paid subscription account if the user intends to continue use of the Service. At the end of such a trial, if the user previously provided credit card information, the user will automatically be subscribed for the chosen subscription plan unless the user notifies CurrentHub in the manner that is described during the registration for the free trial. All applicable fees for that subscription will be charged to the user’s credit card. CurrentHub reserves the right to terminate the user’s trial or evaluation at any time with or without prior notice.
Ownership and Collection of the User’s Data
The user is responsible for all activities that occur in the user’s account and for the user’s compliance with this Agreement. The user shall comply with all local, state, federal, or foreign law, treaty, regulation, or convention applicable to the user in connection with the use of CurrentHub including all law applicable to the user related to privacy, publicity, data protection, electronic communications, and anti-spamming laws. The user is responsible for any loss or disclosure of the User’s Data (or any damages related thereto) resulting from the user’s failure to adequately secure their user identification and passwords.
3. Intellectual Property Rights
All rights in and to the Service and data, including the underlying software, templates, and databases, are the property of Lovely Energy, and its licensors. Subject to the user’s compliance with the Agreement including the payment of Fees, Lovely Energy grants to the user a non-exclusive license to access and use the Service and data, including any reports and data, solely for the user’s own internal business purposes. The user may print and reproduce any reports created through the use of the Service. The user must retain all copyright and other proprietary notices displayed on the Service and data, including any reports. The user may not use any “page-scrape,” “spider,” “robot,” “deep-link,” or any other program, automatic device, algorithm, or methodology which accomplishes the same things, in order to access, acquire, copy, or monitor any portion of the Service or data. The user is not permitted to modify or create derivative works of the Service, data, or any reports. Any use of the Services, which results in the depletion of website infrastructural resources, is prohibited. All rights in and to the Service not expressly granted herein are reserved by Lovely Energy.
The user agrees that Lovely Energy may track all use of the Service including search history and parameters. Lovely Energy, in its sole discretion, may aggregate, analyze, disclose, and use such data in its sole discretion, including for the creation of promotional materials, white papers for industry purposes, market statistics, and other commercial uses. Lovely Energy will not use or disclose your personally identifiable information for such purposes without your permission. The user agrees that any ideas, suggestions, or feedback that the user provides to Lovely Energy with respect to the Service will be owned by Lovely Energy. Lovely Energy shall have the right to use any such feedback in its sole discretion and without payment or other consideration to the user.
No party to this Agreement may disclose or use the Confidential Information of another party to this Agreement for any purpose outside the scope of this Agreement, except with the disclosing party’s permission. The receiving party agrees to keep confidential all Confidential Information disclosed to it by the disclosing party, and to protect the confidentiality thereof in the same manner as it protects the confidentiality of its own. The receiving party will, at all times, exercise a reasonable degree of care in the protection of Confidential Information.
5. Links on our Site
CurrentHub takes no responsibility for information contained in links to other websites and resources provided by third parties on its site. Where the CurrentHub Platform contains such links and resources, it is provided for the user’s information only and Lovely Energy accepts no responsibility or liability for them or for any loss or damage that may arise from the user’s utilization of such links and resources.
6. Reliance on Information Posted
CurrentHub is not responsible for commentary, including user comments and forum posts, and other materials posted on or about CurrentHub. Lovely Energy disclaims all liability and responsibility arising from any reliance placed on such material by any user or visitor to the site.
CurrentHub attempts to have the most accurate and up to date information available, but data and information from third parties, for instance utilities and suppliers, may be incorrect and CurrentHub renounces all responsibility in the case of incorrect or out of date information provided to us.
The user may terminate use of the Service at any time by notice to CurrentHub using the email address: firstname.lastname@example.org. If the user cancels the Service, the user will not be entitled to receive a refund in any form.
Lovely Energy reserves the right to refuse service, terminate a user’s use of the Service, or cease provision of the Service at its sole discretion and at any time with or without notice. Lovely Energy will not be liable to the user for any loss of any searches or data created or accessed by that user.
Lovely Energy may issue corrections, modifications, or updates to the Service and data at any time at its discretion. Lovely Energy reserves the right to perform scheduled or unscheduled maintenance for the Service at any time with or without notice. The Service may be unavailable during these periods of maintenance. Lovely Energy does not have any obligation to provide any updates, upgrades, support, or maintenance for the Service.
9. Legal Notices, Warranties, and Disclaimers
The names, trademarks, service marks, designs, and logos of the companies identified on the Service is the property of the applicable company and is protected by U.S. and international trademark and copyright law. Lovely Energy and the CurrentHub logo and any other trademarks or service marks used on the Service (other than the marks and content of third parties) are the trademarks and service marks of Lovely Energy.
Each party to the Agreement represents and warrants that it has the legal power to enter into the Agreement. Lovely Energy warrants that it and its licensors and hosting providers have implemented commercially reasonable efforts to ensure that the User’s Data will be maintained accurately and safeguarded and that technical and physical controls to protect the User’s Data against destruction, loss, alteration, unauthorized disclosure to third parties, or unauthorized access by employees or contractors employed by CurrentHub and/or Lovely Energy, whether by accident or otherwise, are in place. Lovely Energy warrants that it will perform the duties related to the provision of the Service in a competent and workmanlike manner and in accordance with applicable industry standards for similar types of service.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, CURRENTHUB IS PROVIDED “AS-IS,” AND LOVELY ENERGY DISCLAIMS WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION THE CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY LAW. Lovely Energy does not warrant that the Services or the functions contained in CurrentHub will meet the user’s requirements or that the operation of CurrentHub will be uninterrupted or error- free. Further, Lovely Energy does not warrant that all errors in CurrentHub can or will be corrected. Lovely Energy will not be responsible for any loss of the User’s Data or inability to perform certain tasks resulting from a decision to downgrade a subscription.
10. Limitation of Liability
NEITHER THE USER NOR LOVELY ENERGY, NOR ITS RESPECTIVE SUPPLIERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY CAUSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, IN EXCESS OF (I) CLAIMS BASED ON SERVICES PROVIDED, THE TOTAL SERVICES FEES PAID OR PAYABLE BY THE USER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE; AND (II) CLAIMS BASED ON THE CURRENTHUB PLATFORM OR THIS AGREEMENT GENERALLY, THE TOTAL SUBSCRIPTION FEES PAID BY THE USER UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CAUSE OF ACTION AROSE.
THE USER AND LOVELY ENERGY AGREE THAT THE CONSIDERATION PAID UNDER THIS AGREEMENT DOES NOT INCLUDE CONSIDERATION FOR THE ASSUMPTION OF THE RISK OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES HOWEVER CAUSED AND WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST PROFITS, OR REVENUE.
Because some states and jurisdictions do not allow limitation of liability in certain instances, portions of the above limitation set forth in this section may not apply to a given user.
The user agrees to indemnify and hold harmless, its licensor, and their respective directors, officers, managers, employees, and representatives from and against all claims, damages, liability, actions, suits, costs, and expenses arising out the user’s user of the Service or data or any breach of this Agreement.
If there is any dispute about or involving this Agreement or the Service, the user agrees that the dispute will be governed by the laws of the State of Illinois without regard to its conflict of law provisions. The user agrees to personal jurisdiction by and venue in the state and federal courts of the State of Illinois.
13. Entire Agreement
This Agreement and any document expressly referred to herein constitutes the whole agreement between the user and Lovely Energy and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between these parties relating to the subject matter of any contract. Each of the parties agree that the only liability in respect of those representations and warranties that are set out in these Terms and Conditions of Use (whether made innocently or negligently) will be for breach of contract.