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1. USE OF THE TRUECOST SITE
CenterPoint hereby grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site under the terms set forth below.
The Site and the Content are the exclusive property of CenterPoint or its licensors, and are protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos (collectively, the “Marks”) on the Site are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the Marks on the Site may be registered or unregistered marks of CenterPoint or others. Nothing contained on this Site should be construed as granting by implication, estoppel, or otherwise any license or right to use any of the Marks on the Site without the express written permission of CenterPoint or a third party owner of such Marks.
Any unauthorized uses of the Marks or Content on the Site are strictly prohibited. To request permission to use the Marks or Content on the Site, or any other CenterPoint material, please contact CenterPoint at TrueCost@CenterPointEnergy.com. You shall honor all reasonable requests by CenterPoint to protect CenterPoint's proprietary interests in the Site and its Content.
You expressly agree not to:
2. CONTENT YOU SUBMIT
The Site may provide you the opportunity to post content within community features or forums (each, a "Community Forum"). The content you choose to post or disseminate on a Community Forum, the Site in general or to CenterPoint is referred to in these Terms as "User Content". Your User Content may be available for all other users to view and download, so use caution in what you post or otherwise make available on the Site.
You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant CenterPoint the license above. Upon CenterPoint's request, you will furnish CenterPoint any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You authorize CenterPoint to publish your User Content in a searchable format that may be accessed by users of the Site. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You also acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to CenterPoint, a Community Forum or the Site.
You also understand and acknowledge that: (a) CenterPoint and its parent, subsidiary and affiliate companies have wide access to ideas and other materials and that many ideas may be similar or identical to your submission (your User Content) and/or each other; (b) you will not be entitled to any compensation as a result of CenterPoint's use of any such similar or identical material; and (c) CenterPoint does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to your User Content.
You agree that CenterPoint has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its rights to use your User Content. You further acknowledge and agree that CenterPoint will not have any obligation to you with regard to User Content and that CenterPoint may or may not monitor, display or accept your User Content and may delete it at any time and you may have no right to access or control any User Content that you provide once you provide it. If you uploaded content you wish to be deleted from the Site, you can email us at TrueCost@CenterPointEnergy.com and we will review your request.
3. LINKING POLICY
CenterPoint grants you the revocable permission to link to publicly available (i.e., non-password protected) portions of the Site; provided, however, that any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that CenterPoint or the Site is endorsing or sponsoring it or its products, unless CenterPoint has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in CenterPoint's sole opinion, harm CenterPoint or its products or services; (d) must not use any CenterPoint trademarks without the prior written permission from CenterPoint; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in CenterPoint's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, CenterPoint reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.
4. USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor disputes and take action associated with those disputes. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online and offline activities.
5. YOUR ACCOUNT
6. COMPARISON SHOPPING SERVICE
You may utilize the Site’s comparison shopping service to obtain offers from Retail Electric Providers (“REPs”) for energy services. You may be required to accept or agree to additional terms and conditions when you submit an inquiry as to the energy service offers available to you through CenterPoint. By clicking on any button indicating an acceptance or agreement to terms (“Submission”), you understand that you are agreeing to the stated terms and conditions of that Submission and that you are inquiring as to energy service offers through CenterPoint to the participating REPs.
In order to deliver REPs’ offers for energy services to you, CenterPoint may in the future provide functionality where we obtain your credit report from a consumer reporting agency pursuant to your written instructions. CenterPoint will compare the information contained in your credit report against the credit criteria for each REP. You will be able to access via myTrueCost.com the energy service offers for which you qualify and can select an offer accordingly. CenterPoint will notify the corresponding REP of your selection and the REP will take the necessary steps to activate your energy service. You may choose whether to authorize CenterPoint to obtain your credit report so that you can compare REPs’ offers for energy services through the Site.
When we offer this functionality, if you want to authorize CenterPoint to obtain your credit report and/or to share your credit information with REPs, you will be required to (a) certify that you have read “Summary of Your Rights Under the Fair Credit Reporting Act,” available at myTrueCost.com/FCRA , and (b) authorize and instruct us to obtain your credit report and share your credit report with REPs by clicking “I Accept.”
CenterPoint does not guarantee any specific offers for energy services or energy service terms and conditions with any REP. Likewise, CenterPoint does not guarantee that the energy service offers or terms and conditions made available by REPs are the best or lowest available in the market.
The products and services are made available on the Site in electronic form. By visiting or using the Site in any way, you agree to accept notices of any kind from CenterPoint in electronic form. Notices from CenterPoint intended for your receipt shall be deemed delivered and effective when sent by email by CenterPoint to any email address you provide to CenterPoint on or in connection with the Site.
9. THIRD PARTY WEBSITES AND SOCIAL NETWORKS
Although CenterPoint may provide a link to a third party website or social network on the Site, such a link is not an authorization, endorsement, sponsorship or affiliation by CenterPoint with respect to such website or social network, its content, its owners or its providers. CenterPoint provides such links for your reference and convenience only. Accordingly, CenterPoint makes no representations whatsoever concerning such websites and social networks. CenterPoint has not tested any information, products or software found on such websites and social networks and therefore cannot make any representations whatsoever with respect thereto. You agree that CenterPoint is not responsible for the content or operation of such websites and social networks, and it is up to you to take precautions to ensure that whatever you select is free of items such as viruses, worms, Trojan horses and other items of a destructive nature. You are solely responsible for determining the extent to which you may use any content at any other websites and social networks to which you link from this Site.
11. SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via the Site may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User Content, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).
12. REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. CenterPoint encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), CenterPoint has a designated agent for receiving notices of copyright infringement and CenterPoint follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CenterPoint's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Site violates your rights other than copyrights, please provide CenterPoint with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Site or other complaint regarding alleged violation of rights to CenterPoint’s copyright agent, who can be reached as follows:
A. Reagan Harris Fibbe
Fibbe Law Office, PLLC
P.O. Box 27291
Houston, Texas 77227
NOTE: This contact information is for inquiries regarding potential copyright and other intellectual property infringements only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
CenterPoint will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement.
13. REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITIES
THE CONTENT AND THE SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. CENTERPOINT MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SITE, THE SITE’S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SITE. CENTERPOINT HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. CENTERPOINT SHALL NOT BE LIABLE TO YOU OR ANYONE OTHER PERSON OR ENTITY FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. ENERGY PLAN INFORMATION AND RATINGS ARE INTENDED ONLY AS GENERAL GUIDELINES, AND CENTERPOINT DOES NOT GUARANTEE THE ACCURACY OF ANY SUCH INFORMATION OR RATINGS. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY CENTERPOINT. IN CASES WHERE THE SOURCE OF ANY CONTENT ON THIS SITE IS IDENTIFIED AS A REP, THE IDENTIFIED REP IS SOLELY RESPONSIBLE FOR SUCH CONTENT, WHICH IS NOT EDITED BY CENTERPOINT. THE REPS AND OTHER SUPPLIERS OFFERING AND PROVIDING ENERGY OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF CENTERPOINT. CENTERPOINT IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH REPS OR SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
IN NO EVENT WILL CENTERPOINT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
IN NO EVENT SHALL CENTERPOINT NOR ANY OF ITS THIRD PARTY LICENSORS, RESPECTIVE CONTRACTORS, OR CURRENT, FUTURE OR FORMER OFFICERS, DIRECTORS, EQUITY OR UNIT HOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, TIME, MONEY, PROFITS OR GOOD WILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE SITE OR ANY HYPERLINKED WEBSITE, EVEN IF CENTERPOINT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER CENTERPOINT NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY CONTENT ON THE SITE OR OTHERWISE. IN NO EVENT WILL CENTERPOINT, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE SITE.
The Content may include delays, omissions or inaccuracies due to the number of sources from which the Content is obtained. CenterPoint assumes no liability for any errors or omissions in the Content and expressly disclaims any responsibility to update the Site or the Content displayed on the Site. CenterPoint assumes no responsibility for the use of third party software on the Site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.
IN NO EVENT WILL CENTERPOINT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER FOR ANY USE OF THIS WEBSITE OR ANY HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF CENTERPOINT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CenterPoint reserves the right to terminate your access to and use of the Site (or any portion of the Site) in its sole discretion, without notice and liability, including, without limitation, if CenterPoint believes your conduct fails to conform with these Terms. CenterPoint also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or CenterPoint. Any violation of these Terms may be referred to law enforcement authorities.
You may terminate this Agreement or membership in the Site, for any or no reason, at any time, by sending an email to TrueCost@CenterPointEnergy.com.
If your access to the Site is terminated, cancelled or otherwise ends: (i) we will remove your profile from the Site; and (ii) we may, in our sole discretion, remove and discard any of Your User Content, but we will have no obligation to do so and public posts made by you on the Site may remain on the Site in perpetuity. If you uploaded content you wish to be deleted from the Site, you can email us at TrueCost@CenterPointEnergy.com and we will review your request.
Termination, suspension, or cancellation of these Terms or your access to the Site will not affect any right or relief to which CenterPoint may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to CenterPoint and its licensors.
16. LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
Unless otherwise specified, the Site is presented solely for residents of United States of America.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CenterPoint to any registration requirement within such jurisdiction or country. CenterPoint makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access outside of the United States. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
17. APPLICABLE LAWS
In connection with any litigation, without limiting our right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state or federal courts located in Houston, Texas. All rights not expressly granted herein are reserved.
19. FORCE MAJEURE
20. ENTIRE AGREEMENT
CenterPoint reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
CenterPoint will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of CenterPoint as reflected in the original provision.
23. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
25. HOW TO CONTACT US
CenterPoint Energy, Inc.
P.O. Box 4567
Houston, Texas 77210-4567