The EnerWisely.com website (“Site”) is designed to provide a public information platform and application for access and use by consumers to create awareness and knowledge about energy-related subjects and ways of conserving energy, provide a tool for self-assessment of energy utilization patterns, enable calculation of the cost of energy for consumers from available local energy suppliers, and match consumers with energy service plans (the “Services”). The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting, or using this Site. The terms )EnerWisely.com”, “EnerWisely”, “QuantumNewEnergy.com,” “QNE,” “we,” “us,” and “our” refer to Quantum New Energy LLC and its affiliates. “Affiliate” means any legal entity that a party owns, that owns a party, or that is under a party’s common ownership.
Acceptance of Terms
By clicking on the “I ACCEPT” response, you agree to these Terms and Conditions of Use (“Terms and Conditions”) which govern this Site. In agreeing to these Terms and Conditions, you represent that you are an individual agreeing on your own behalf or that you are an agent of a company and have the authority to bind the company to these Terms and Conditions. If you do not have such authority or if you are visiting the Site as an individual or as an agent for a company and do not agree with these Terms and Conditions, you may decline to accept them, but you may not then proceed to use the Site or the Services. By proceeding to use the Site or the Services, you signify through conduct your authority and assent to these Terms and Conditions.
We may change or update these Terms and Conditions from time to time. When changes are made, we will let you know by posting a notice on the Site prior to or on the date the changes are to take effect. The revision date will also be displayed on the first page of the Terms and Conditions document posted on our Site. Accessing, viewing, browsing, and/or using the Services or this Site after the effective date of any posted changes to these Terms and Conditions shall constitute acceptance and agreement by you to those changes, whether or not you actually reviewed them.
A violation of any of these Terms and Conditions may result in a temporary or permanent ban from accessing, viewing, browsing, and using this Site. Where appropriate, more formal legal action may be taken.
This Site is operated by Quantum New Energy LLC. We are an energy innovation company organized and operating in the State of Texas. This Site is intended for use by individuals and businesses seeking information about energy use and conservation, evaluation of their own energy usage patterns, and identification of energy service plans suited to their particular energy needs.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation, or religion.
Use By Minors
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). We require that all use of the Site be made either by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or by minors with the consent of a parent or guardian to use this Site. Because we cannot prohibit minors from accessing, viewing, browsing, visiting, or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or use. By registering with this Site or providing us with any information, you represent that you are legally able to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, that you have the express permission from your parent or guardian to access and use this Site, and that any information you provide to us is not inaccurate, deceptive or misleading.
This Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, or other material (collectively “Content”) that is protected by copyright or trademark law, rights in databases, or other proprietary rights. The Content as a compilation or collective work is also protected under U.S. copyright law, including at a minimum, the selection, coordination, arrangement, presentment, and enhancement of such Content. Other than material you may post to the Site, if any, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use exception under U.S. copyright law or similar legal rights provided under applicable foreign copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary rights, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on this Site should be construed as granting any license or right to use any Content displayed on the Site except as expressly permitted by these Terms and Conditions, or with our prior written permission or the prior written permission from such third party as may own trademark or copyright rights to the material displayed on this Site.
QUANTUM NEW ENERGY, ENERGY MATCHMAKER & Design, MY ENERGY FINGERPRINT & Design, and other marks, which may or may not be designated on this Site by a “™” “®” “SM” or other similar designation, are registered, pending, or unregistered trademarks or service marks of Quantum New Energy LLC in the United States and in other countries. Our graphics, logos, page headers, icons, scripts, and service names are proprietary and may constitute trademarks, trade dress, or copyright protected material of Quantum New Energy LLC. These trademarks, trade dress, and copyright-protected works may not be used in connection with any product or service that is not ours, or in any manner that disparages or discredits this Site or our Services. All other trademarks, trade dress, and copyright-protected material not owned by us that appear on the Site are the property of their respective owners. Permission must be obtained in writing directly from such owners for use of those items.
Our Services allow consumers to interact with the QNE Site to obtain energy-related information, assess their own energy usage, determine energy costs from various local suppliers, and identify and sign up for an energy plan suited to their needs.
To the extent you create Content that is posted on the Site, you retain ownership of the intellectual property rights you may have in such Content. When you upload, submit, or store Content to or through the Site or our Services, you give QNE a royalty-free, worldwide license to use, publicly display, store, reproduce, modify, create derivative works, publish, publicly perform, and distribute such Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Site or our Services and for development of new services. This license continues even if you stop using our Services.
In connection with the Content you submit, you affirm, represent, and warrant that: (i) you own the intellectual property rights in that Content or have obtained the necessary licenses, rights, consents, and permissions to use and to authorize Quantum New Energy to use the Content in the manner contemplated by the Services and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable person appearing in the Content you provide to use their name or likeness and for QNE to use their name and likeness in the Content in the manner contemplated by the Services and these Terms and Conditions.
If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through this Site, please contact us promptly so that we may investigate and, where appropriate, block, remove, or restrict access to the offending Content. It is our policy to evaluate, block, remove, or restrict access to infringing materials where an infringement is clearly demonstrated, and to terminate access of repeat infringers to this Site. In order for us to investigate your claim, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright, trademark, or other intellectual property interest;
- A description of the work or other intellectual property that you believe has been infringed;
- A copy of any certificates of registration or grants of patent that have been obtained for the subject intellectual property;
- A description of where the material that you claim is infringing is located or identified on this Site; your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the intellectual property or are authorized to act on behalf of the owner of the intellectual property which you allege is being infringed.
The above information should be provided to our agent for notice of claims of intellectual property infringement, who can be reached as follows:
Claims Agent (including DMCA),
c/o Chief Technology Officer
Quantum New Energy LLC
2101 CityWest Blvd 1st floor, Houston, TX 77042
You may not download or modify this Site or any portion of it, other than your own account information, without our express, prior written consent. This Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, or otherwise utilized for any commercial purpose without QNE’s express, prior written consent. Persons or businesses who wish to make the Energy MatchMaker API available to their customers or to use it themselves for the benefit of their customers must obtain a license to do so by contacting us at [email protected] to create an account and obtain a license. Any unauthorized commercial use of the Energy MatchMaker API is strictly prohibited and QNE reserves the right to take such legal action as QNE deems necessary to enjoin any such conduct.
You agree to use this Site only for lawful purposes. You are prohibited from posting on or transmitting through this Site any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove such Content from this Site. We may disclose any Content or electronic communication of any kind: a) to satisfy any law, regulation, or government request; b) if such disclosure is necessary or appropriate to operate the Site; or c) to protect the rights or property of QNE, its affiliates, our users and customers, including you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, this Site, Site users, our customers, any rights of QNE, or any third party. Notwithstanding the foregoing, QNE, its affiliates, and third party contractors cannot ensure prompt removal of Content after online posting. Accordingly, QNE, its affiliates and third party contractors assume no liability for any action or inaction with respect to conduct, communication, or Content posted by others on this Site.
You agree that you will not engage in the use, copying, or distribution of any of the Content of this Site other than that expressly permitted herein, including any use, copying, or distribution of material submitted to the Site by others. You also agree that you will not circumvent, disable or otherwise interfere with security-related features of the Site or features of the Site that prevent or restrict use or copying of any Content or enforce limitations of use of the Site or the Content therein.
You expressly agree that you will NOT, yourself or through others:
- Use the Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
- Use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or any data or content found on or accessed through the Site without prior express written consent;
- Obtain or attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by their public display on the Site or through their accessibility by a visible link on the Site;
- In any way bypass or circumvent any other measure employed to limit or prevent access to the Site or Content displayed on the Site;
- Violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with this Site, through hacking, password mining or any other means;
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site;
- Take or attempt any action that, in the sole discretion of this Site’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or our infrastructure.
- Reveal another person’s address, phone number, e-mail address, credit card number, Social Security Number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- You may not use the Site for any unlawful purpose. Any unauthorized use by you of the Site terminates your license to access and use the Site.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
We may terminate your access or suspend your right to access all or any part of this Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions, or is harmful to the legitimate interests of other users, third party contractors or suppliers, or us. In addition, we reserve the right to refuse service, terminate accounts, remove or edit content, or cancel accounts for any reason, in our sole discretion.
Disclaimers and Limitations of Liability
This Site is provided on an “as is,” “as available” basis. Neither QNE, nor its affiliates or third-party contractors warrant that use of this Site will be uninterrupted or error-free. QNE does not warrant the accuracy, integrity, or completeness of the Content provided on this Site or the products or services advertised or offered for sale through third party links on the Site. Further, QNE makes no representation that Content provided on this Site is applicable or appropriate for use in locations outside of the United States. QNE specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by QNE or its affiliates or third-party contractors shall create a warranty on the part of QNE. You expressly agree that your access to, viewing of, browsing, visiting, or use of this Site is at your sole risk.
Under no circumstances shall QNE or its affiliates or third-party contractors be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Site, including but not limited to reliance by a user on any information obtained at this Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communication failures, theft, destruction, or unauthorized access to QNE’s records, programs or services. The foregoing limitation of liability shall apply whether in an action at law or an action in equity, even if an authorized representative of QNE has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content and advertisements appearing on this Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
To the extent permitted by law, the total liability of QNE, its affiliates, and third-party contractors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services (or, in our discretion, to supply the Services to you again).
Although we take steps to try to ensure the accuracy and completeness of third-party information and product and service descriptions posted on this Site, please refer to the manufacturer or third-party vendor for details.
You agree to indemnify and hold harmless to the fullest extent (including without limitation all attorneys’ fees and costs of every kind, including expert fees, and not limited to statutory costs) QNE and its officers, directors, agents, affiliates, licensors, and employees from and against any and all claims, actions, liabilities, losses, expenses, damages, and costs arising from (i) your use of and access to the Site; (ii)violation by you of any of the provisions of these Terms and Conditions, (iii) violation by you of any third party rights, including without limitation any copyright, trademark, or other intellectual property rights, privacy or publicity rights, libel, or defamation; (iv) fraud, false advertising, misrepresentation, product liability, or violation of any law, statute, ordinance, rule, or regulation throughout the world in connection with your use of the Site, your advertisements, websites or any related content, including any links from your websites, any claim relating to a contaminated file, virus, worm, Trojan horse, or other device that could impair or injure any person or entity emanating from your use of the Site, advertisements, websites or any related content, and any violation by you of any applicable data privacy law. This indemnification and hold harmless obligation will survive termination of these Terms and Conditions for any reason.
Modification; Severability; Waiver
We reserve the right to make changes to this Site, our policies, and these Terms and Conditions at any time. A notice of such changes may be posted on the Site by or before the effective date of the change and the latest revision date will be posted at the top of the document so revised. If any of the Terms and Conditions for use of this Site shall be deemed invalid, void, or for any reason unenforceable, such term or condition or part thereof shall be deemed severable and shall not affect the validity and enforceability of any of the remaining terms or conditions. Waiver by either party of a breach of any provision shall not waive either the provision itself or any subsequent breach. These terms control the relationship between you and QNE; they do not create any third-party beneficiary rights in others.
You may not assign any of your rights or obligations under these Terms and Conditions agreement, whether in whole or in part, without QNE’s written consent. QNE may assign at any time, in whole or in part, its rights or obligations under this Agreement without the consent of and without prior notification to you.
Any notice, questions, or other communication to be given hereunder will be given in writing to QNE by:
(i) written communication sent to:
Quantum New Energy LLC
2101 CityWest Blvd 1st floor,
Houston, TX 77042
(ii) using the Contact Us page for the Site;
(iii) by email sent with delivery confirmation or read receipt to
[email protected]; or
(iv) where appropriate, by written notice to QNE’s DMCA agent as provided above.
Unless otherwise provided herein, all notices will be deemed to have been duly given on the date of receipt or three calendar days after a notice is sent. Either party may change its address for purposes of notice on not less than three (3) business days prior notice to the other party.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, notwithstanding the actual state or country of residence or incorporation of the parties and without consideration to choice of law provisions. The parties consent to mediation and arbitration exclusively in Houston, Texas for all actions arising out of or related to these Terms and Conditions.
The English language version of these Terms and Conditions shall govern your relationship with Quantum New Energy LLC. If you have a concern or complaint regarding your use of this Site or the Services, please contact us at [email protected] sent with delivery confirmation or write to us at the address appearing above. We suggest that you put in the subject line of any email or written communication, “Terms and Conditions Dispute” or “Complaint.” We will respond within 45 days. If our response does not resolve your concern, you agree to first pursue mediation before a qualified mediator selected by the parties who shall apply the commercial mediation rules of the American Arbitration Association (AAA) or the Association for International Arbitration (AIA) to attempt in good faith to negotiate a resolution of the matter directly between the parties. Each party shall pay its own expenses relating to the mediation along with its pro-rata share of all reasonable fees and costs billed by the mediator. If the matter remains unresolved after forty-five (45) days following the Notice of mediation, either party may invoke binding arbitration by providing a Notice of arbitration in writing to the other party. The arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association (AAA) or the Association for International Arbitration (AIA) and judgment upon the award rendered by the arbitrator may be entered in any court worldwide having jurisdiction thereof. The arbitration tribunal shall consist of a single arbitrator mutually agreed upon by the parties, or in the absence of such agreement within ten days from the date of the notice, the arbitrator shall be selected by two independent, disinterested attorneys, one of whom shall be appointed by each side to the dispute. The arbitrator shall provide a full written decision on all issues in the matter within ninety (90) days from the date of referral of the matter to the arbitrator. The arbitrator shall have the authority to decide all issues of interpretation, application, and enforceability regarding or arising out of these Terms and Conditions. The arbitrator’s determinations shall be binding and may be entered as a judgment in any court of competent jurisdiction. The location for arbitration will be in Houston, Texas, U.S.A. You may choose to participate in person or by telephone or video conference. The prevailing party in the arbitration may be awarded its reasonable attorney fees and costs. However, should a party file any arbitration claims or administrative or legal actions without first having attempted to resolve the matter through negotiation and mediation, to the maximum extent permitted by applicable law, they will not be entitled to recover attorneys’ fees or arbitration fees, even if they would otherwise be entitled to them.
To the fullest extent permitted by applicable law, no arbitration arising out of or relating to these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Nothing in the aforesaid dispute resolution mechanism shall, however, prohibit a party hereto from obtaining injunctive relief from a court of competent jurisdiction. The parties agree that irreparable damage for which money damages would not be an adequate remedy would occur in the event that any of the provisions of these Terms and Conditions were materially breached. It is accordingly agreed that, in addition to any other remedies a party may have at law or in equity, the parties shall be entitled to seek an injunction to prevent or halt such breach and to enforce specifically the terms thereof.
These Terms and Conditions, including any documents referenced or incorporated herein comprise the complete agreement between the parties with respect to the subject matter hereof, superseding all previous communications, representations or agreements, whether written or oral between the parties relating to the subject matter herein.
If you sign up for an account, or to purchase any products or services, on the Site, you must select an email address to use as username and a password and provide accurate, complete, and updated contact information, identification details, and any other form of authentication requested on the Site in Quantum New Energy’s sole discretion. Failure to do so constitutes a violation of these Terms and Conditions, which may result in immediate termination of your license to access and use the Site. You agree not to impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as a principal to these Terms and Conditions, and you agree to accept liability for harm caused by your or that person’s wrongful use of the Site.
You may terminate your account at any time, for any reason, by accessing your account profile. Quantum New Energy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel accounts for any reason, in its sole discretion. These Terms and Conditions will remain in full effect even after your account is terminated.
You shall register for and use your account on the Site, and purchase and use the products and services available through the Site, in strict compliance with (1) these Terms and Conditions, and (2) all applicable laws, rules and regulations (collectively, “Laws”).
Third Party Websites and Social Networks
You may, through hypertext or other computer links on the Site, gain access to websites and social networks that are not under the control of or operated by Quantum New Energy, but rather are exclusively controlled and operated by third parties, including but not limited to REPs (Retail Electricity Providers). These third-party websites and social networks are subject to different terms and conditions. When you access and use third party websites and social networks, you will be legally bound by the terms and conditions of those websites and social networks. If there is a conflict between these Terms and Conditions, on the one hand, and terms and conditions of third party websites and/or social networks, on the other hand, the third-party websites’ and/or social networks’ terms and conditions will govern with respect to your access and use of those websites and social networks.
Although Quantum New Energy 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 Quantum New Energy with respect to such website or social network, its content, its owners or its providers. Quantum New Energy provides such links for your reference and convenience only. Accordingly, Quantum New Energy makes no representations whatsoever concerning such websites and social networks. Quantum New Energy 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 Quantum New Energy 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.
Sweepstakes, Contests, and Promotions
Any sweepstakes, contests or other promotions (“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, the 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 Promotion sponsor(s).