CUSTOMER TERMS OF SERVICE

Article 1 — Acceptance; Parties; Services

I. Agreement. These Customer Terms of Service, together with any applicable service order, checkout page, intake form, Limited Customer Authorization, Privacy Policy, supplemental disclosure, electronic consent, and other terms presented by Utility Switch LLC, a Florida limited liability company (“Company,” “we,” “us,” or “our”), govern each customer’s (“Customer,” “you,” or “your”) access to and use of Company’s utility switching, account-coordination, and move-concierge support services. A person legally authorized to act on behalf of Customer may accept these Terms or request Services for Customer as an “Authorized Signer,” subject to these Terms and the Limited Customer Authorization.

II. Acceptance. Customer accepts and agrees to these Terms by creating an account, submitting an intake form, checking an acceptance box, electronically signing an authorization, requesting Services, providing information for use in connection with the Services, paying Company Fees, or otherwise using the Services. An Authorized Signer may take any such action on Customer’s behalf only to the extent permitted by such person’s legal authority, and by doing so represents and warrants that such person has valid and continuing authority to bind Customer to these Terms and request the applicable Services on Customer’s behalf.

Company maintains an electronic record of each Customer’s or Authorized Signer’s acceptance of these Terms, including the version presented, date and time of acceptance, acceptance method, and available electronic identifiers associated with the acceptance. Such records may be used to evidence acceptance to the extent permitted by applicable law.

Each person submitting a request represents and warrants that such person has accurately identified whether such person is acting as Customer or as an Authorized Signer and will not impersonate another person or use another person’s identity or information without lawful authority.

III. Services. Company provides administrative support to assist Customers with the initiation, transfer, cancellation, modification, or coordination of residential utility and household services in connection with a move, which may include electricity, gas, water, sewer and other services expressly offered by Company from time to time (the “Services”).

IV. Administrative service only. Company provides coordination and administrative support only. Company does not own, operate, maintain, supply, transmit, distribute, meter, bill for, regulate, or guarantee any utility or household service.

V. Providers. Utility and household services are provided solely by the applicable utility, municipality, cooperative, authority, governmental entity, private provider, supplier, or other third party providing the applicable service (each, a “Provider”).

VI. No utility-provider status. Company is not a public utility or other Provider and does not own, operate, supply, transmit, distribute, meter, bill for, regulate, or guarantee any utility or household service.

VII. Customer pays Providers directly. Unless Company expressly agrees otherwise in a written service order, Customer is solely responsible for paying all Provider deposits, activation fees, connection charges, usage charges, monthly charges, equipment charges, installation charges, taxes, assessments, late fees, termination fees, restoration fees, penalties, and all other Provider charges. Company does not receive, hold, process, escrow, or remit utility payments on Customer’s behalf.

VIII. Company Fees. Customer shall pay Company the fees disclosed to Customer before purchase, including through the applicable checkout page or service order (“Company Fees”). Company Fees are separate from Provider charges and are earned and refundable only as expressly provided in Article 6 or as otherwise required by applicable law.

IX. Eligibility and Authority. The Services are intended for individuals who are at least 18 years old and legally authorized to request services for the applicable Service Address. Customer represents that Customer satisfies these requirements. An Authorized Signer requesting Services on Customer’s behalf represents that the Authorized Signer is at least 18 years old and has valid legal authority to act on Customer’s behalf with respect to the requested Services.

X. Contract Documents; Order of Precedence. The following, as each may be amended in accordance with its terms, constitute the “Contract Documents”: (a) the applicable service order or checkout confirmation; (b) the Limited Customer Authorization; (c) these Terms; and (d) the Privacy Policy. In the event of a conflict or inconsistency, the Contract Documents control in the foregoing order, except that (i) the Privacy Policy controls as to the description of Company’s personal-information practices, and (ii) no Contract Document or amendment thereto expands the authority granted to Company under the Limited Customer Authorization beyond the authority expressly stated therein.

Article 2 — Scope of Services; Customer Responsibilities

I. Scope. Company may, as applicable and as authorized by Customer or an Authorized Signer, collect intake information, identify Provider requirements, contact Providers, submit Customer-approved information, request account setup or transfer, request cancellation or modification of existing services, coordinate appointment windows, obtain status updates, relay Provider confirmations, and provide customer-support communications.

II. No guarantee of availability or outcome. Company does not guarantee that any Provider will approve, activate, transfer, cancel, maintain, modify, install, or timely provide any service; that any specific rate, plan, appointment, deposit, credit decision, incentive, rebate, service level, or service date will be available; or that service will be uninterrupted, error-free, affordable, suitable, or compliant with Customer’s expectations.

III. Provider requirements. Providers may require direct Customer action, identity verification, credit checks, deposits, prior balance payment, government identification, Social Security number or partial Social Security number, service address verification, landlord or owner authorization, meter access, inspections, permits, signed Provider forms, direct calls, in-person appointments, or other requirements. Company is not responsible for Provider requirements or Customer’s failure to satisfy them. Company may require Customer or an Authorized Signer to complete any Provider-required action directly and is not responsible if a Provider declines to recognize the Limited Customer Authorization.

IV. Customer information. Customer shall provide accurate, current, complete, and lawful information, including legal name, service address, prior address, mailing address, email address, telephone number, move-in date, move-out date, occupancy status, Provider account information, identity-verification information, billing preferences, service preferences, and property-contact information requested for the Services. If Services are requested by an Authorized Signer, the Authorized Signer shall also provide information and documentation reasonably requested by Company to verify the Authorized Signer’s identity and authority.

V. Customer decisions. Except to the limited extent expressly authorized in the Limited Customer Authorization, Customer remains solely responsible for selecting Providers, selecting rates or plans, reviewing and accepting Provider obligations, confirming service dates, paying Provider bills, reviewing Provider notices, verifying that requested services were actually initiated, transferred, modified, or cancelled, and resolving disputes with Providers.

VI. No duty to monitor after completion. Unless expressly agreed in a written service order, Company has no duty to monitor Provider accounts, bills, rates, outages, cancellations, recurring charges, promotional expirations, equipment returns, late fees, deposits, refunds, or service quality after Company completes the requested administrative task.

VII. Service limitations. Company may refuse, suspend, or terminate Services if Company determines that information is incomplete or inaccurate, Customer or Authorized Signer lacks sufficient authority, Provider requirements cannot be satisfied, a request is unlawful or unsafe, fraud is suspected, Customer is not authorized for the service address, Customer fails to pay Company Fees, or performance would violate Provider rules, Company policy, or applicable law.

VIII. No emergency service. Company is not an emergency utility-restoration, outage-response, life-safety, medical-alert, fire, police, water-damage, gas-leak, or disaster-response service. Customer must contact the applicable Provider, emergency services, landlord, property manager, or governmental authority directly for emergencies.

Article 3 — REGULATORY BOUNDARIES; THIRD-PARTY RELATIONSHIPS

I. Administrative Utility Coordination Only. Company provides administrative utility and household-service coordination only. Company does not provide real estate brokerage, leasing, property-management, mortgage, title, settlement, insurance, appraisal, legal, tax, accounting, or other licensed professional services and does not advise Customer regarding any real estate transaction, property value or condition, lease or purchase terms, financing, title, insurance, or other matter requiring professional licensure.

II. Property contacts. Company may communicate with landlords, property managers, homeowners’ associations, condominium associations, builders, closing coordinators, brokers, or other property contacts identified by Customer or an Authorized Signer solely to verify utility-related information such as service address, occupancy date, access instructions, meter location, or Provider requirements. Such communications do not constitute real estate brokerage, leasing, property management, title, mortgage, or settlement services.

III. Provider Options; Third-Party Compensation. Company may provide information regarding Providers, services, rates, plans, or availability based on information reasonably available to Company. Company does not guarantee that any Provider presented is the lowest-cost, highest-quality, most suitable, or only available option, and Company may not identify or present every Provider, service, rate, or plan available at the Service Address. Customer remains responsible for reviewing and selecting among available Provider options. Company may now or in the future enter into referral, marketing, enrollment, reseller, or other commercial arrangements with Providers or other third parties and may receive compensation in connection with accounts, services, referrals, or enrollments coordinated through Company. Such compensation may vary by Provider, service, or plan and does not increase or reduce Company Fees unless expressly disclosed otherwise. Company will provide any additional disclosure regarding such compensation required by applicable law.

Article 4 — Privacy; Personal Information; Data Security

I. Privacy Policy. Company’s Privacy Policy is incorporated into these Terms and describes how Company collects, uses, discloses, retains, and protects personal information.

II. Sensitive information. Company may request sensitive personal information only when reasonably necessary to perform the Services, satisfy Provider requirements, verify identity, prevent fraud, process Company Fees, comply with law, or protect Company, Customer, Providers, or others. Company may use third-party service providers to collect, transmit, process, verify, or store such information.

III. Customer consent. Customer authorizes Company to collect, use, disclose, and retain Customer information as reasonably necessary to provide the Services and as described in the Privacy Policy.

IV. Information submitted about others. If Customer or an Authorized Signer provides information about another person, the person providing the information represents that such person has lawful authority to provide it for use in connection with the Services. Company may collect and retain information reasonably necessary to verify an Authorized Signer’s identity and authority.

V. No credential sharing unless approved. Customer shall not provide Provider account passwords, security codes, or credentials unless Company specifically requests them through an approved intake method. Company may refuse to collect or use credentials and may require Customer to complete Provider authentication directly.

VI. Security measures. Company will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect personal information. Customer acknowledges that no website, portal, email system, text-message system, telephone system, Provider system, or third-party platform is completely secure or error-free.

VII. Incident notice. Company will investigate suspected security incidents and provide notices required by applicable law when personal information is subject to unauthorized access, acquisition, use, or disclosure requiring notice.

VIII. Data minimization. Company may decline to collect, may redact, or may delete information that Company determines is unnecessary, excessive, unsafe, unreliable, or outside the scope of the Services.

Article 5 — Communications; Electronic Consent; Telephone and Text Messages

I. Electronic records. Customer consents to receive electronic records, notices, disclosures, authorizations, confirmations, service updates, invoices, receipts, support messages, legal notices, and other communications at the email address, telephone number, portal, or other contact method Customer provides.

II. Electronic signatures. Customer agrees that electronic signatures, initials, checkboxes, clickwrap acceptance, typed names, authentication codes, recorded consents, and electronic records may be used to create binding agreements, authorizations, and service instructions to the fullest extent permitted by law.

III. Delivery risks. Customer is responsible for maintaining accurate contact information, checking communications, maintaining access to devices and email accounts, and ensuring that Company communications are not blocked, filtered, or ignored.

IV. Transactional communications. Company may communicate with Customer or an Authorized Signer by email, through Customer's online account, or through other communication methods separately authorized by Customer and permitted by applicable law, for purposes relating to the Services, including identity verification, Provider coordination, requests for information or documents, scheduling, service status, account access, support, fraud prevention, and dispute resolution.

V. Marketing consent. Company will send marketing calls, texts, prerecorded messages, or other marketing communications only as permitted by applicable law and, where required, after obtaining any legally required consent. Consent to marketing communications is not a condition of purchasing the Services. Customer may revoke marketing consent through any method Company makes available or any other reasonable method required by applicable law.

VI. Opt-out. Customer may opt out of marketing communications as described in the communication. Opting out of marketing communications does not prevent Company from sending transactional or service-related communications necessary to provide Services, administer Customer’s account, or comply with law.

VII. Call Recording and Monitoring. Company may record or monitor telephone calls for quality assurance, training, verification, security, compliance, dispute resolution, and fraud prevention. Before recording a call, Company will provide notice that the call is being or may be recorded and will obtain consent as required by applicable law. A participant who does not wish to be recorded may request that the communication continue without recording or through another available communication method. Customer shall inform any household member, occupant, or other person Customer authorizes to communicate with Company regarding the Services that communications with Company may be recorded.

VIII. Consent to electronic records and signatures. (a) Scope. Customer consents to receive all records, notices, disclosures, authorizations, agreements, confirmations, invoices, and other communications relating to the Services in electronic form, and agrees that electronic signatures, initials, checkboxes, clickwrap acceptance, typed names, authentication codes, and recorded consents have the same legal effect as handwritten signatures, in each case under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., and the Uniform Electronic Transaction Act, Fla. Stat. § 668.50. (b) Hardware and software. To access and retain electronic records, Customer needs an internet-connected device, a current version of a standard web browser, a valid email address, and the ability to view and save PDF files. (c) Paper copies. Customer may obtain a paper copy of any electronic record at no charge by written request to info@theutilityswitch.com. (d) Withdrawal. Customer may withdraw consent to electronic records at any time by written notice to info@theutilityswitch.com. Withdrawal takes effect after Company has a reasonable opportunity to process it, does not affect the validity of records delivered before withdrawal, and may prevent Company from providing the Services. (e) Contact information. Customer shall keep Customer's email address and telephone number current in Customer's account.

Article 6 — Fees; Payment; Promotions; Cancellations; Refunds

I. Company Fees. Company may charge a separate fee for each utility or household-service initiation, termination, or transfer requested by Customer or an Authorized Signer and handled by Company (collectively, “Company Fees”). The applicable Company Fees, including any discounts or promotional adjustments, will be disclosed to Customer before Customer accepts the applicable service request and submits payment. Customer shall review and approve the selected Providers, requested Services, and applicable Company Fees before proceeding. Company may offer certain Services without charge or at a reduced fee, including during an initial rollout or promotional period, and may establish, modify, or discontinue Company Fees prospectively. Company Fees are separate from all Provider charges. Customer remains solely responsible for paying Provider deposits, activation fees, usage charges, and all other Provider charges directly to the applicable Provider. Company does not collect, hold, process, or remit Provider payments on Customer's behalf.

II. Payment authorization. Customer authorizes Company and its designated third-party payment processor, including Stripe or any successor processor, to charge Customer's selected credit or debit card, bank account, or other accepted payment method for the Company Fees and applicable taxes disclosed at checkout, after application of any valid promotional code. Payment is due at checkout unless Company expressly agrees otherwise in writing. Customer represents that Customer is authorized to use the selected payment method. Company may delay commencement or continuation of paid Services until payment is successfully received or verified.

III. Failed or reversed payments. If any payment is declined, returned, disputed, reversed, charged back, or otherwise not successfully completed, including an ACH or other bank-account payment that is returned after initial acceptance, Company may suspend or discontinue the applicable Services until payment is received. Customer remains responsible for all applicable Company Fees notwithstanding any failed or reversed payment. Company may request an alternative payment method and recover reasonable third-party processing or returned-payment charges to the extent disclosed and permitted by applicable law. Company is not responsible for delays or incomplete Services resulting from payment failures.

IV. Non-Refundable Fees; Scope of Services. Company Fees are earned upon successful payment and are non-refundable, except as required by applicable law or expressly agreed by Company in writing. Customer acknowledges that Company Fees compensate Company for administrative coordination services, including identifying applicable Provider requirements and preparing and making available a detailed list of the documents, information, and actions required by the selected Providers. This detailed Provider-specific checklist is made available following payment and constitutes part of the Services purchased. Before payment, Company will disclose the applicable Company Fees, the non-refundable nature of those fees, and general information regarding common Provider requirements, which may include identification, proof of residence, Social Security numbers, or other verification information. Payment does not guarantee that any Provider will approve, initiate, terminate, or transfer the requested service.

V. Provider Rejections; Resubmissions. If a Provider rejects, declines, or requires correction or supplementation of a submission, Company will use commercially reasonable efforts to address matters within Company's administrative control, request reasonably necessary additional information or action from Customer or an Authorized Signer, and resubmit the applicable request without charging an additional Company Fee for the same Provider and requested Service. If the requested Service ultimately cannot be completed through Company, Company will provide Customer with the reasonably available information and instructions necessary for Customer to pursue completion directly with the applicable Provider. Such rejection, inability to complete the requested Service, or Customer's election to complete the process directly does not entitle Customer to a refund of Company Fees, except as required by applicable law.

VI. Cancellations; Changes to Service Requests. Customer may request cancellation of a pending Service or changes to selected Providers or Services by contacting Company at info@theutilityswitch.com. Company does not charge a separate cancellation fee; however, cancellation does not entitle Customer to a refund of Company Fees already paid. Changes to selected Providers or Services after payment are subject to Company's review and acceptance and may require additional Company Fees, which will be disclosed to Customer for approval before the additional Services are performed. Company cannot guarantee that cancellation or modification requests will prevent Provider actions already taken or Provider charges incurred.

VII. Promotional Codes; Discounts. Company may issue promotional codes that reduce or eliminate Company Fees, including codes distributed through referral or commercial partners. Promotional codes may provide a percentage discount, fixed-dollar discount, or full waiver of applicable Company Fees and may be subject to expiration dates, usage limits, eligibility requirements, and other disclosed restrictions. Unless Company expressly states otherwise, only one promotional code may be applied per move or service request, promotional codes cannot be combined, transferred, redeemed for cash, or applied retroactively, and any unused promotional value has no cash value. Company may modify, suspend, or withdraw promotional codes prospectively, provided that a valid promotional code already accepted and applied to a completed checkout will be honored for that transaction. Company may reject codes that are expired, exhausted, invalid, improperly obtained, or used contrary to their stated conditions.

VIII. Payment Disputes. Customer shall not initiate a chargeback or payment dispute in bad faith. Company may contest chargebacks and other payment disputes and recover reasonable costs and expenses associated with improper payment disputes to the extent permitted by applicable law. Nothing in these Terms limits Customer's rights under applicable consumer-protection or payment laws.

Article 7 — Customer Covenants; Prohibited Conduct

I. Customer covenants. Customer and/or Authorized Signer shall provide accurate information, promptly update Company regarding changes, cooperate with identity verification, review Provider confirmations, maintain authority for the service address, comply with Provider terms, and pay Provider charges directly.

II. Prohibited conduct. Customer shall not submit false, misleading, stolen, or unauthorized information; impersonate another person; request service for a property where Customer lacks authority; misuse the Services; interfere with Company or Provider systems; evade Provider requirements; use the Services for fraud or harassment; or request Company to exceed the authority granted by Customer. Customer and Authorized Signer shall not misrepresent the existence, validity, scope, or continuation of any authority to act on another person’s behalf.

III. Third-party disputes. Customer is solely responsible for disputes with Providers, landlords, property managers, associations, sellers, buyers, brokers, roommates, household members, occupants, governmental authorities, or other third parties.

IV. Fraud prevention. Company may verify identity, screen transactions, refuse suspicious requests, preserve records, report suspected fraud, and cooperate with Providers, payment processors, law enforcement, and governmental authorities when Company deems appropriate.

Article 8 — Disclaimers; Limitation of Liability; Indemnity

I. Service disclaimer. The Services are provided on an “as is” and “as available” basis. Company disclaims all warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, uninterrupted service, error-free performance, and any warranty arising from course of dealing or usage of trade.

II. Third-party acts. Company is not liable for Provider acts, omissions, rates, terms, denials, delays, outages, billing errors, deposits, credit decisions, installation failures, missed appointments, account closures, service interruptions, equipment issues, tariff changes, refund delays, or customer-service failures.

III. Excluded damages. To the fullest extent permitted by law, Company will not be liable for indirect, incidental, consequential, special, exemplary, punitive, enhanced, or lost-profit damages, including damages arising from delayed activation, service interruption, outage, billing dispute, property damage, food spoilage, alternative lodging, missed move dates, business interruption, lost data, loss of use, emotional distress, inconvenience, or third-party conduct.

IV. Liability cap. TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF COMPANY AND ITS AFFILIATES, OWNERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, VENDORS, AND AGENTS ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, ANY AUTHORIZATION, ANY COMMUNICATION, OR ANY PROVIDER INTERACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL COMPANY FEES ACTUALLY PAID BY CUSTOMER TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED DOLLARS ($100.00). This cap is an agreed allocation of risk that is a material inducement to Company's provision of the Services at the Company Fees charged, and it applies even if a limited remedy is found to have failed of its essential purpose. This cap does not apply to Company's own gross negligence, willful misconduct, or fraud, or to any liability that may not be limited under applicable law.

V. Notice of claim. As a condition precedent to commencing arbitration or litigation, Customer shall provide the Notice of Claim required by Article 10 within a reasonable time after becoming aware of the facts giving rise to the claim. Nothing in these Terms shortens any applicable statutory limitations period.

VI. Indemnity. Customer and, with respect to such person’s own representations, instructions, acts, or omissions, any Authorized Signer, shall indemnify and hold harmless Company and its affiliates, owners, managers, officers, employees, contractors, vendors, agents, successors, and assigns from losses, claims, damages, liabilities, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to (a) inaccurate, incomplete, or misleading information provided to Company; (b) unauthorized requests or instructions; (c) breach of the Contract Documents; (d) an Authorized Signer’s lack or exceedance of authority; (e) fraud, misuse, or violation of law; or (f) third-party claims arising from any of the foregoing, except to the extent arising from Company’s negligence, willful misconduct, or unlawful act or to the extent prohibited by applicable law.

Article 9 — Termination; Changes

I. Company termination. Company may refuse, suspend, discontinue, or terminate Services at any time if Company determines that continued performance is impracticable, unlawful, unsafe, unsupported by adequate authorization, affected by suspected fraud, inconsistent with Provider requirements, inconsistent with these Terms, or Authorized Signer's authority is insufficient, disputed, revoked, or cannot reasonably be verified, or harmful to Company, Customer, Providers, or others.

II. Effect of termination. Upon termination, Company may stop work, cancel pending requests to the extent practicable, preserve records, submit final invoices, and continue to enforce accrued rights.

III. Changes to Terms. Company may update these Terms prospectively from time to time. Company will provide notice of material changes as required by applicable law. No amendment will retroactively expand Company’s authority with respect to a Service request already in progress without Customer’s or Authorized Signer’s consent.

IV. Survival. Provisions concerning fees, Customer responsibilities, privacy, records, disclaimers, limitations of liability, indemnity, dispute resolution, governing law, and any provision that by its nature should survive will survive termination.

Article 10 — Arbitration; Class Action Waiver; Governing Law

I. Informal resolution; Notice of Claim. Before commencing arbitration or litigation, the claiming party shall deliver a written Notice of Claim describing the claim, the facts supporting it, and the relief requested. Customer shall deliver Company's Notice of Claim to the address in Article 11, Section VII. The receiving party shall have thirty (30) days from receipt to respond, and the parties shall attempt in good faith to resolve the claim during that period. Delivery of the Notice of Claim and expiration of the thirty (30) day period are conditions precedent to commencing arbitration or litigation.

II. Arbitration. Except for claims that may be brought in small claims court and claims for injunctive or equitable relief relating to misuse of the Services, confidentiality, data security, intellectual property, fraud, or unauthorized access, any dispute arising out of or relating to the Services or these Terms shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect when the demand is filed. If AAA declines or is unable to administer the arbitration, the parties shall select a replacement administrator by written agreement, and failing agreement within thirty (30) days, either party may apply to a court of competent jurisdiction in Broward County, Florida for appointment of a single arbitrator under 9 U.S.C. § 5. The arbitration shall be seated in Broward County, Florida, and Customer may elect to proceed by telephone, videoconference, or documents-only submission where the applicable rules permit. Company shall pay all filing, administrative, and arbitrator fees in excess of the amount Customer would pay to file an action in Florida circuit court. The arbitrator may award any relief available in court to the individual party, and may not award relief to or against any person who is not a party. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section.

III. Delegation. The arbitrator has exclusive authority to resolve any dispute concerning the interpretation, scope, applicability, enforceability, or waiver of this Section, except that a court of competent jurisdiction shall decide (a) the enforceability of Section IV and (b) any contention that no agreement to arbitrate was ever formed.

IV. Individual basis only; class and mass action waiver; blow-up. Arbitration shall proceed only on an individual basis. No dispute may be brought, heard, or arbitrated as a class, collective, representative, private attorney general, consolidated, or mass action, and the arbitrator may not consolidate the claims of more than one person. If this Section IV is held unenforceable as to any claim or request for relief, then Section II (Arbitration) is void as to that claim or request for relief only, and that claim or request for relief shall be brought exclusively in the state or federal courts located in Broward County, Florida; all remaining claims shall proceed in arbitration. In no event shall any claim be arbitrated on a class, collective, representative, consolidated, or mass basis.

V. Jury waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AND COMPANY EACH WAIVES TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.

VI. Small claims. Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court.

VII. Opt out. Customer may opt out of arbitration by sending written notice to the notice address specified in Article 11 within thirty (30) days after first accepting these Terms.

VIII. Governing law. These Terms are governed by the laws of the State of Florida, without giving effect to conflict-of-law rules that would require application of another jurisdiction’s law.

IX. Venue. For any dispute not subject to arbitration, Customer and Company consent to exclusive jurisdiction and venue in the state or federal courts located in Broward County, Florida.

Article 11 — Miscellaneous

I. Assignment. Customer may not assign these Terms without Company’s prior written consent. Company may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, transfer of business operations, or engagement of an affiliate or successor.

II. Subcontractors and vendors. Company may use employees, contractors, vendors, affiliates, software providers, electronic-signature providers, communications providers, document-storage and cloud-service providers, payment processors, identity-verification vendors, customer-support vendors, and other service providers to perform or support the Services and may provide or make available Customer information to such persons as reasonably necessary for those purposes, subject to Company’s Privacy Policy.

III. No third-party beneficiaries. Except for Company’s indemnified parties, there are no third-party beneficiaries of these Terms.

IV. Severability. If any provision is unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

V. No waiver. Company’s failure to enforce any provision is not a waiver. Any waiver must be in writing and signed by Company.

VI. Entire agreement. These Terms, the Privacy Policy, Limited Customer Authorization, and any applicable service order, checkout confirmation, or other Contract Document constitute the entire agreement between Customer and Company regarding the Services.

VII. Notices. All notices, requests, and elections delivered to Company under the Contract Documents—including any Notice of Claim, arbitration opt-out, request for a paper copy, withdrawal of electronic consent, cancellation or refund request, privacy request, or revocation of the Limited Customer Authorization—shall be delivered to: Utility Switch LLC, Attn: Legal Notices, 7901 4th St N, Ste 300, St. Petersburg, FL 33702; info@theutilityswitch.com. Notices to Customer may be delivered to the email address, telephone number, or other contact method then current in Customer’s account. Company may update its notice information by posting updated contact information with these Terms.

VIII. Force majeure. Company is not liable for any delay or failure to perform caused by an event beyond Company's reasonable control, including Provider system outages or processing delays, Provider staffing shortages, utility outages, hurricane, storm, flood, fire, epidemic, labor disruption, governmental order, telecommunications or internet failure, cyberattack, or vendor failure. Company will resume performance within a reasonable time after the event abates and will notify Customer of any material delay. This Section does not excuse Customer's obligation to pay Company Fees earned before the event.

IX. Language. These Terms are prepared in English. Any translation made available by Company is provided for convenience. To the extent permitted by applicable law, the English-language version shall control in the event of any inconsistency between the English version and a translation.