PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SERVICES (AS DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
These Terms of Use (these "Terms") represent an agreement between you and NuTiliti Inc. ("NuTiliti") and contain the terms and conditions governing your use of and access to: (1) our website at nutiliti.com and all of our other websites to which these Terms are posted (collectively, the "Website"); (2) our mobile applications to which these Terms are posted (collectively, the "Application"); and (3) any products, services, and applications made available through the Website or the Application (together with the Website and the Application, the "Services"). "You" and "your" mean the person who uses or accesses the Services. "We," "us," and "our" mean NuTiliti and its successors, affiliates, and assignees. As used in these Terms, "NuTiliti Account" means the account you have with us for the Services.
In consideration of the mutual promises, covenants and conditions contained herein, the parties agree as follows:
1. Term.
The Term of this Agreement will commence upon the Effective Date and shall continue to the End Date as described above. This Agreement shall not renew for consecutive subsequent renewal periods unless agreed upon in writing by Company and Customer in accordance with the terms set forth in this Agreement (initial term and subsequent renewal terms are referred to herein as “Term”).
2. Service.
Company provides utility management service and is an authorized party and payee to the utility provider for the utility account holder (“Account Holder”).
In order to use the Services, you must: (a) accept and agree to these Terms and our Privacy Policy; (b) register with us on the Website or the Application; (c) be a U.S. citizen (or a legal U.S. resident) of at least 18 years of age (or older if you reside in a state where the majority age is older); (d) have a Bank Account with a U.S. financial institution; (e) provide all information requested by us, such as your name, email address, mobile device number, and such other information as we may request from time to time (collectively, “User Information”); and (f) pay the NuTiliti Subscription Service Fee as specified herein. You represent and warrant that all User Information you provide us from time to time is truthful, accurate, current, and complete, and you agree not to misrepresent your identity or your User Information. You agree to promptly notify us of changes to your User Information by updating your NuTiliti Account on the Website or the Application. If we approve your registration, you will be authorized to use the Services, subject to these Terms.
For our compliance purposes and in order to provide the Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
By using the Services and providing User Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your Utility Account from the institutions holding your Utility Accounts and other third-party websites and databases as necessary to provide the Services to you. For purposes of such authorization, you hereby grant NuTiliti and our third-party service providers a limited power of attorney, and you hereby appoint NuTiliti and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place, and stead, in any and all capacities, to access third-party websites, servers, and documents; retrieve information; and use your User Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT WHEN NUTILITI OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, NUTILITI AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
You agree that other third parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We make no effort to review information obtained from the third-party websites and databases for any purpose, including, but not limited to, accuracy, legality, or non-infringement. As between NuTiliti and our third-party service providers, NuTiliti owns your confidential User Information.
39. Acknowledgment.
Customer hereby represents that each and every Customer understands this Agreement and is signing it after having read it carefully.