Terms of Service
Please read these terms carefully before using our services.
Last Updated: December 2024
1. Agreement to Terms
By accessing or using the website, services, or any applications (collectively, the "Services") provided by Inertia Resources, LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.
These Terms apply to all visitors, users, clients, and others who access or use our Services, including our energy procurement consulting, brokerage services, and related offerings.
2. Description of Services
Inertia Resources provides energy procurement and consulting services to commercial and industrial clients in deregulated energy markets. Our services include, but are not limited to:
- Electricity and natural gas procurement
- Energy contract negotiation and management
- Utility bill auditing and analysis
- Demand response program enrollment
- Renewable energy solutions
- Energy market analysis and consulting
We act as an independent energy broker and consultant. We are not an energy supplier, utility company, or regulated entity. Our role is to help clients navigate deregulated energy markets and secure competitive energy contracts from qualified suppliers.
3. Eligibility
Our Services are intended for commercial and industrial businesses operating in deregulated energy markets within the United States. By using our Services, you represent and warrant that:
- You are at least 18 years of age
- You have the legal authority to bind your organization to these Terms
- Your business operates in a jurisdiction where energy deregulation allows for competitive supplier choice
- All information you provide to us is accurate, current, and complete
4. Client Responsibilities
As a client of Inertia Resources, you agree to:
- Provide Accurate Information: Supply accurate and complete information about your energy usage, facilities, and business operations as reasonably requested for us to perform our services
- Authorization: Provide necessary authorizations, including Letters of Authorization (LOA), to allow us to obtain usage data and pricing from energy suppliers on your behalf
- Timely Communication: Respond to communications regarding contract opportunities, renewals, and market updates in a timely manner
- Contract Review: Carefully review all energy contracts before signing and seek independent legal counsel if needed
- Payment: Fulfill payment obligations under any energy contracts you enter into with suppliers
5. No Guarantee of Savings
While we strive to help clients reduce energy costs, we do not guarantee specific savings amounts or percentages. Energy markets are subject to volatility, and rates fluctuate based on numerous factors beyond our control, including:
- Wholesale energy market conditions
- Weather patterns and seasonal demand
- Regulatory changes and policy decisions
- Infrastructure and transmission costs
- Global energy supply and demand
Historical savings data and case studies presented on our website represent past results and are not guarantees of future performance. Individual results may vary based on market conditions, usage patterns, and other factors.
6. Compensation and Fees
Inertia Resources is typically compensated through supplier commissions built into the energy rates quoted to clients. In most cases, there is no direct fee charged to clients for our brokerage services.
In certain circumstances, we may offer fee-based consulting services. Any such fees will be disclosed and agreed upon in writing before services commence.
We are committed to transparency. Upon request, we will disclose our compensation arrangement related to any specific energy contract.
7. Independence and Supplier Relationships
Inertia Resources maintains relationships with multiple energy suppliers across our service territories. We are committed to providing independent, unbiased recommendations based on your specific needs and market conditions.
We are not owned by, affiliated with, or obligated to any specific energy supplier. Our recommendations are based on competitive analysis and our assessment of the best available options for your situation.
8. Intellectual Property
The Services, including all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, data compilations, and software), are owned by Inertia Resources, its licensors, or other providers and are protected by United States and international intellectual property laws.
You may not:
- Reproduce, distribute, modify, or create derivative works from our content
- Use our trademarks, logos, or branding without written permission
- Reverse engineer, decompile, or disassemble any software or technology
- Use automated systems to access our Services without permission
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INERTIA RESOURCES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Loss of data or business interruption
- Increased energy costs due to market fluctuations
- Supplier default, bankruptcy, or non-performance
- Regulatory changes affecting energy contracts
Our total liability for any claims arising from these Terms or your use of our Services shall not exceed the greater of (a) the fees paid by you to Inertia Resources in the twelve (12) months preceding the claim, or (b) one thousand dollars ($1,000).
10. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- Our Services will be uninterrupted, secure, or error-free
- Energy market information will be completely accurate or current
- Any specific energy savings will be achieved
- Energy suppliers will perform their contractual obligations
11. Indemnification
You agree to indemnify, defend, and hold harmless Inertia Resources and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of our Services
- Your breach of these Terms
- Your violation of any law or rights of a third party
- Any energy contracts you enter into with suppliers
12. Termination
Either party may terminate the client relationship at any time with written notice. Termination does not affect:
- Any energy contracts already in effect with suppliers
- Outstanding obligations under existing agreements
- Provisions of these Terms that by their nature should survive termination
We reserve the right to suspend or terminate access to our Services immediately if we believe you have violated these Terms.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.
Any disputes arising from these Terms or your use of our Services shall first be addressed through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration in accordance with the rules of the American Arbitration Association, or through litigation in the state or federal courts located in Massachusetts.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after such changes constitutes acceptance of the modified Terms.
We encourage you to review these Terms periodically for any updates.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Inertia Resources regarding the use of our Services and supersede all prior agreements and understandings.
17. Contact Information
If you have any questions about these Terms of Service, please contact us:
Inertia Resources, LLC
Phone: 888-300-0921
Email: legal@inertiaresources.com
Website: www.inertiaresources.com