Definitions (for the purpose of these Terms and Conditions):
Usage : You understand that use of the Skill is voluntary and you assume all risk associated with usage. To use the Skill to interact with your Direct Energy account you must (1) have an active Direct Energy account in good standing, (2) have activated the Direct Energy online account manager, (3) Have an Amazon account, (4) have an Alexa-enabled device, and (5) have an internet connection.
The Skill is provided on an "as is," "without any warranty," and "without any liability" basis. You bear the risk of using it. Direct Energy does not warrant or guarantee the functionality, accuracy, reliability or timeliness of the Skill.
Operation/Functionality : Direct Energy makes no warranty or representation, either express or implied, as to the operation or functionality of the Skill or that it will be free from error or defects. Nor do we guarantee that the Skill servers are free of viruses or other harmful conditions or components. The Skill may occasionally be restricted, interrupted, or discontinued due to various conditions, including without limitation Skill design, network coverage, government regulation, and situations beyond our control. Please be advised that Direct Energy does not provide tech support for the Skill.
Please note that it's possible that Alexa will not hear you correctly, will incorrectly translate what you've said, or give incorrect responses. By activating the Skill, you understand that Direct Energy is not responsible for any inaccuracies in your interactions with your account via the Skill. If you are concerned about the accuracy of information transmitted to your account, you can call us or access your online account manager to verify the transaction.
Account Information : By activating the Skill and interacting with your Direct Energy account through the Skill, you are deemed to have authorized Direct Energy to provide account information to the Device, based on the Device's security settings. The information is sent to Amazon and then travels through the internet to your Device. It's possible that your Device and/or Amazon will record your interactions with the Skill. Consult your agreements with Amazon to learn more. You are solely responsible for all communications with Direct Energy using the Direct Energy Skill on your Device, including any communication to or from Direct Energy.
Privacy : Please ensure that others do not interact with your Direct Energy account via the Skill. Your interaction with your account through the Skill constitutes an authorized request from you, the account holder. You are solely responsible for all communications with your account through the Direct Energy Skill. To keep your account secure, please make sure you are not overheard when interacting with Direct Energy through the Device.
Electronic Records/Signatures : By accepting these Terms and Conditions, you consent to the general use of electronic records and signatures as applicable to your account with us. This may include, but is not limited to, the authorization of payments, adjustments to energy plans or the purchase of any services or products.
Termination/Modification : This agreement will automatically terminate, without notice, if you fail to comply with any of these Terms and Conditions. In case of such termination, we may immediately revoke your access to the Skill. Direct Energy reserves the right to modify, suspend or discontinue the Skill, or any part of it, at any time, without notice, at its sole discretion.
General : Energy plans or services that may be accessed through the Skill are subject to availability and qualifications. Terms, conditions, and exclusions, not described herein, may apply.
Disclaimer of Warranties and Limitation of Liability: Direct Energy makes no warranty or representation, either express or implied, and expressly disclaims all warranties, either express or implied, including without limitation the warranties of merchantability, fitness and noninfringement. By activating and interacting with the Skill, you agree to indemnify, defend and hold harmless Direct Energy, its parent, its affiliates, subsidiaries, directors, officers, governors, representatives, employees, agents and partners, from and against any and all liability, damages or causes of action (however named or described) with respect to or arising out of either: (i) Any use of the Skill or your Device; or (ii) any unauthorized access to your account through the Skill; or (iii) the inability of the Skill or your Device to communicate with your account; or (iv) any violation of these Terms and Conditions; and (v) any and all claims, judgments, damages, liabilities, penalties and fines of any kind, stemming from usage of the Skill to interact with your Direct Energy account.
Jurisdiction : The Skill is controlled and operated in the United States of America. This agreement will be governed by, and construed in accordance with, the laws of the State of Texas, without regard to conflict of law principles. Any and all legal actions or claims arising in connection with this agreement must be brought in a court of competent jurisdiction within the United States.
Severability : If any provision of this agreement is held invalid, void or unenforceable, then that provision will be considered severable from the remaining provisions, and the remaining provisions shall remain in full force and effect. Direct Energy's failure to enforce any right or provision in this agreement will not constitute a waiver of such provision, or any other provision herein.
Changes to these Terms : We may amend any of this agreement's terms, at our sole discretion, without notice, at any time. Amended Terms will be posted on our website. Your continued use of the Skill after any such changes to this agreement constitutes acceptance of the Terms as amended.
Intellectual Property : You acknowledge that all trademarks, copyrights and graphics used in connection with the Skill are the property of Direct Energy. All other intellectual property used is by license and belongs to the respective owners.