Terms and Conditions of Use
Quakeenergy.com Terms and Conditions of Use
Agreement between User and Quakeenergy.com
Welcome to http://quakeenergy.com/ (the “Site”) The Site is comprised of various web pages operated by Quake Energy, LLC (“Quake Energy”). The Site is an E-Commerce Site that is intended to provide information about energy utilities and collect information to allow people to sign up for Quake Energy’s energy utility services.
The terms “we”, “us”, “our”, and “Quake Energy” refer to Quake Energy, LLC, and any future affiliates or subsidiaries of Quake Energy. The term “you” refers to any person using or visiting the Site and/or person contributing to or viewing content on the Site. The Site is offered to you conditioned on your acceptance without modification of any and all of the terms, conditions, and notices contained herein (the “Agreement”). Your access to or use of the Site in any manner constitutes your agreement to be bound by the terms contained herein. Please read these terms carefully, and keep a copy of them for your reference.
Visiting the Site or sending emails to Quake Energy constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
The Site is not intended for use by children under the age of thirteen without the permission of a parent or guardian, nor does Quake Energy knowingly collect personally identifiable information from children under the age of thirteen. If we determine that a child under thirteen has provided Personal Information in violation of this Policy, we will delete that information as soon as possible. If you believe that a child has submitted Personal Information on the Site, please contact us as soon as possible.
Natural Gas Enrollment:
The incumbent natural gas company will be sending a confirmation notice of the transfer of service.
The customer is allowed a seven-business-day period from the confirmation notice postmark date to rescind the enrollment.
The customer should contact the incumbent natural gas company to rescind the enrollment.
The electric utility will be sending a confirmation notice of the transfer of service.
The customer should contact the electric utility to rescind the contract.
The electric utility will give the customer a cancellation number to confirm any cancellation of the contract during the cancellation period.
Links to Third Party Sites/Third Party Services
Certain services made available through the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site’s domain, you hereby acknowledge and consent that Quake Energy may share such information and data with any third party with whom Quake Energy has a contractual relationship to provide the requested product, service or functionality on behalf of http://quakeenergy.com/ users and customers.
No Unlawful or Prohibited Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with this Agreement. . As a condition of your use of the Site, you warrant to Quake Energy that you will not use the Site for any purpose that is illegal, in violation of any local, state, federal, or international law, or is prohibited by this Agreement. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
In addition, you agree not to use the Site or its contents:
- For any commercial or promotional purpose, except as expressly allowed in writing by Quake Energy;
- In a manner that may create a conflict of interest, such as submitting false or fraudulent reviews and ratings, trading reviews with other business owners or writing or soliciting any other kinds of “fake” reviews and ratings, posts, or comments;
- To post, upload, or distribute content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable personal could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Copyright and Trademark
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Quake Energy or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. All product or service names or slogans displayed on the Site are registered and/or common law trademarks of Quake Energy and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Quake Energy. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Quake Energy content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Quake Energy and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Quake Energy or our licensors except as expressly authorized by this Agreement.
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed, including any copyright registration numbers;
(c) a description of where the material that you claim is infringing is located on the site;
(d) your full name, address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Service is controlled, operated and administered by Quake Energy from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Quake Energy Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree that you will be responsible for your use of the Site, and you agree to indemnify, defend and hold harmless Quake Energy, its officers, directors, employees, affiliates, subsidiaries, and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, relating to, arising out of, or in any way connected with : your access to, use of , or alleged use of the Site or services, any user postings made by you, your violation of any terms of this Agreement, or any representation, warranty, or agreements referenced herein, or any applicable law or regulation, your violation of any rights of a third party, including but not limited to any intellectual property right, publicity, confidentiality, property or privacy right, any disputes between you and any third party, or any other issues arising out of your use of the Site. Quake Energy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), in which event you agree to fully cooperate with Quake Energy in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QUAKE ENERGY, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
QUAKE ENERGY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, ANY PART OF THE SITE, OR ANY MATERIALS, CONTENT, AND INFORMATION CONTAINED ON AND/OR OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS FOR ANY PURPOSE. QUAKE ENERGY AND/OR ITS SUPPLIERS DO NOT WARRANT THAT THE SITE, ANY PART OF THE SITE, OR ANY MATERIALS, CONTENT, OR INFORMATION CONTAINED ON AND/OR OFFERED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO, SOFTWARE PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON AND/OR OFFERED THROUGH THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH MATERIALS, CONTENT, AND INFORMATION CONTAINED ON AND/OR OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. QUAKE ENERGY, LLC AND/OR ITS SUPPLIERS SPECIFICALLY (BUT WITHOUT LIMITATION)) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND CONDITIONS RELATING TO THE SITE AND ALL MATERIALS, CONTENT, AND INFORMATION, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING BUT NOT LIMITED TO: ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT; AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALINE, USAGE OR TRADE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOUR FROM YOUR USE OF THE SITE OR ANY MATERIALS, CONTENT, OR INFORMATION CONTAINED ON AND/OR OFFERED THROUGH THE SITE WILL CREATE ANY WARANTY REGARDING QUAKE ENERGY OR THE SITE THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU ASSUME ALL RISK FOR DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE, YOUR DEALINGS WITH OTHER USERS OF THE SITE, AND ANY MATERIALS, CONTENT, OR INFORMATION CONTAINED ON AND/OR OFFERED THROUGH THE SITE. YOU UNDERSTAND NAD AGREE THAT YOU USE THE SITE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND AS BETWEEN YOU AND QUAKE ENERGY, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY (INCLUDING YOUR PERSONAL PROPERTY USED IN CONNECTION WITH THE SITE) OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM YOUR USE OF THE SITE OR ANY MATERIALS, CONTENT, OR INFORMATION CONTAINED ON OR OFFERED THROUGH THE SITE.
This limitation of liability reflects the allocation of risk between Quake Energy and all users of the Site. The limitations specified in this section will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
Termination/Access Restriction Quake Energy reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Quake Energy also reserves the right to modify or discontinue any related services at any time (including, without limitation, by limiting or discontinuing certain features on the Site) without notice. Quake Energy will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site and its related services.
This Agreement is governed by the laws of the State of Texas without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE COURTS IN TRAVIS COUNTY, TEXAS, USA, AND YOU HEREY STIPULATION TO THE FAIRNESS AND CONVENIENCE OF PROCEEDINGS IN SUCH COURTS ALL DISPUTES ARISING OUT OF OR RELATING TO THE SITE OR ITS USE. Use
Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Quake Energy with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Quake Energy with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms and Conditions of Use
Quake Energy reserves the right, in its sole discretion, to change the terms under which the Site is offered. The most current version of the Agreement will supersede all previous versions. Quake Energy encourages you to periodically review the Agreement to stay informed of our updates.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Quake Energy as a result of this agreement or use of the Site. Quake Energy’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Quake Energy’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Quake Energy with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Any rights not expressly granted herein are reserved.
Quake Energy welcomes your questions or comments regarding the Agreement:
Quake Energy, LLC
P.O. Box 6036
Austin, TX 78762
Effective as of December 12, 2017