ONPOINT ENERGY'S

Terms of Use

Version 1.0

Welcome to OnPoint Energy’s (“OnPoint”) website located at https://www.getonpointenergy.com (the “Website”). We hope that you find our website easy to navigate an informative. These Website Terms of Use and Privacy Policy (the “Terms”) contain the legally binding terms and conditions that apply to your use of the Website. Therefore, by accessing and/or using content collected from this Website, you are agreeing to theses Terms, and you represent that you have the authority and capacity to enter into these Terms.

IF YOU DISAGREE WITH ANY TERM OR REQUIREMENT CONTAINED IN THESE TERMS, YOU MUST DISCONTINUE USE OF THE WEBSITE OR ANY INFORMATION OBTAINED FROM THE WEBSITE IMMEDIATELY.

Use of Information.

Subject to these Terms, OnPoint welcomes you to use the information found on its Website for any personal, educational, and/or noncommercial purpose and grants you a non-transferable, non-exclusive, revocable, limited license to access the Website for such purpose(s). The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially use the Website; (b) you shall not access the Website in order to build a similar or competitive website; and (c) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted by you in any form or by any means for any commercial purpose.

OnPoint reserves the right to alter, suspend, or terminate the Website without notice to you.

Accuracy of Information and Disclaimer.

It is OnPoint’s goal to ensure that the information contained on its Website is up to date and accurate. However, OnPoint makes no representations or warranties as to the accuracy of the information provided and assumes no liability for any errors or omissions in the content of the Website.


Intellectual Property. Excluding any content that you may provide, if any, the Website contains intellectual property owned by OnPoint, including copyrighted work, service marks, logos, and trademarks belonging to OnPoint Energy. Your use of the Website does not grant you any ownership in or license to use OnPoint’s intellectual property or the intellectual property of any other person or entity that may be found on the Website.

Third-Party Links & Ads.

The Website may contain links to third-party websites and/or display advertisements for third-parties. Such third-party links and ads are not under the control of OnPoint, and OnPoint is not responsible for the content of any third-party links and ads. OnPoint provides access to these third-party links and ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any third-party links or ads. Any use by you of any third-party links or ads or the content found therein is done at your own risk.

Cookies and Web Beacons.

OnPoint uses ‘cookies’. Cookies are text files that are used to store information, including visitors’ preferences, and the pages on the Website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing the Website based on visitors’ browser type and/or other information.

Information Privacy.

OnPoint collects, uses, and safeguards personal information provided by you in order to provide you with customer service and other services. If any OnPoint entity serves as your retail electric provider in any jurisdiction, you understand that it may be required to provide your personal information to the governing authority for retail electric providers in that jurisdiction or to a federal governing authority. OnPoint will provide your personal information to a third-party when required by law or to third parties when permitted by law. You further understand and expressly agree that OnPoint may provide your personal information to third parties for marketing, customer service, accounting services, credit reporting services, and other services that may aide in OnPoint providing services to you. Your personal information will never be sold by OnPoint.

If your personal information is incorrect and you would like to correct such information, please provide your request in writing to OnPoint at Support@getonpointenergy.com

OnPoint does not knowingly collect information concerning children sixteen (16) years of age and younger and deletes any information collected about a child under the age of sixteen (16) once OnPoint learns the information is that of a child under the age of sixteen (16).

If you are a California resident, you have the ability to request and obtain from OnPoint, without charge, information concerning your personal information that we have shared with third parties for the market use of the third party. You may make one such request per calendar year. Please submit any such request in writing to Support@getonpointenergy.com and please include your current California address.

Disclaimers.

The Website is provided on an "as-is" and "as available" basis, and OnPoint expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use. Some jurisdictions do not allow the exclusion of implied warranties or a limit on the duration of an implied warranty, so the above exclusion may not apply to you.

Limitation on Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT SHALL ONPOINT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE THE WEBSITE EVEN IF ONPOINT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING THEREFROM.

Term and Termination.

These Terms will remain in full force and effect while you use the Website. We may suspend or terminate your rights to use the Website at any time, for any reason, and at our sole discretion, including for any use of the Website in violation of these Terms. You agree that OnPoint will not have any liability whatsoever to you for any termination of your rights under these Terms.

Choice of Law.

These Terms are governed in accordance with the laws of the State of Texas without regard to the choice of law rules thereof and by reviewing this Website you consent to this choice of law.

OnPoint Contact Information
Address: 24 Greenway Plaza Houston, TX 77046
Email: care@getonpointenergy.com

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