April 28, 2006
You have accessed the web site of Spark Energy,
LP and its parents, subsidiaries and affiliates ("Spark Energy"). For
purposes of these Terms of Use, the "Site" includes the web site of Spark
Energy (www.Sparkenergy.com). Please read these Terms of Use carefully before using
the Site. By accessing and browsing the Site, you agree to these Terms of Use with
Spark Energy (the "Agreement"). If you do not agree to all of these Terms
of Use, please exit from this site immediately.
The Site is comprised of various documents
and web pages created and maintained by Spark Energy. While accessing and using
the Site, you may be able to order services or pay bills on line or conduct other
business with Spark Energy through the Site (the "Services"). The Site
and the Services are offered to you on the condition that you accept, without modification,
the terms and conditions contained in this document. Your use of the Site and any
Services constitutes your agreement to all such terms and conditions.
Spark Energy may revise and update these
Terms of Use at anytime without notice. Please periodically review the Terms of
Use posted at this web site. Your continued use of the web site will mean acceptance
of those changes.
The terms "Spark Energy" "Company"
"we," and "our" are used in this site for purposes of convenience
and are intended to refer to Spark Energy and/or its affiliates, subsidiaries or
related parties either individually or collectively, as the context may require.
These references are not intended to suggest that the various Spark Energy companies
referred to are not independent corporate entities having separate corporate identities
and management.
COMMUNICATION AND PRIVACY
Spark Energy owns the Site. If you have any
questions about our Web Site Terms of Use and Policies, you may
e-mail us or write to:
c/o Internet Business Services
2105 Citywest Blvd., Ste. 100
Houston, Texas 77042
We know that many visitors to our site
are concerned about the information they may provide and how we may use that information.
Our Privacy Statement governs the collection,
use, retention and disclosure of information we gather from the Site, and such information
that is available on the Site.
CURRENCY AND ACCURACY OF INFORMATION
Although Spark Energy makes reasonable efforts
to ensure that the information provided through the Site is current and accurate,
Spark Energy makes no representations or warranties,
express or implied, as to the accuracy, reliability, completeness or timeliness
of such information. All information is provided "as is" without
any representation, warranty or condition as to its accuracy or reliability.
Certain documents and other materials on
the Site, including presentations and documents filed by Spark Energy with regulatory
authorities of selected jurisdictions and listed and/or linked to the Site, speak
only as of the dates on which such documents and materials were filed or otherwise
used by Spark Energy. The contents of such documents or materials may become out-of-date,
however, Spark Energy makes no commitment and disclaims any duty to update those
documents and materials.
The Site and its contents are protected by
copyright, trademark and other proprietary rights of Spark Energy or third parties.
Spark Energy names and logos, and all related product and service names, design
marks and slogans are the trademarks or service marks of Spark Energy. Except as
expressly permitted herein, no portion of this web site or its contents, including
trademarks, logos and service marks, may be reproduced, displayed or used in any
form, or by any means, without prior written permission from Spark Energy or the
applicable third party.
Spark Energy hereby grants to you a
non-exclusive and non-transferable license to view and print documents and web pages
located on the Site for non-commercial or educational use within your organization
only, subject to the following conditions:
a.
The material may only be used for
non-commercial purposes;
b.
The copies must retain any copyright
or other intellectual property or proprietary notices contained in the original
material;
c.
The products, technology or processes
described on the Site may be the subject of other intellectual property rights reserved
by Spark Energy or by other third parties. No license is granted in respect of those
intellectual property rights; and
d.
Images, tables and drawings on this
site are protected by copyright and may not be reproduced or appropriated in any
manner without written permission of their respective owner(s).
The information and content on the
Site shall not be used for any other purpose. The documents and web pages on the
Site may not be reproduced, republished, retransmitted, sold, modified or exploited
in any way whatsoever.
No other use of the information is authorized.
Except as specified above, nothing contained herein shall be construed as conferring
by implication, estoppels or otherwise, any license or right under or to any intellectual
property right including, without limitation, any patent, trademark, service mark
or copyright of Spark Energy or of any third party. Spark Energy and/or any third
party owner of such rights retain all such rights. Spark Energy reserves the right
to require you to delete, destroy or otherwise remove any content that is used in
a manner that in Spark Energy's sole opinion is contrary or otherwise inappropriate,
derogatory or offensive.
You agree that any person to whom the
content is provided directly or indirectly through you, will be advised of the terms
of this Agreement, and that each such person is bound by these terms. You may in
no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or
decrypt any of the contents of the Site.
You may use the Site for lawful purposes
only. You are prohibited from use on the Site, or transmitting to or through the
Site, any unlawful, threatening, obscene, defamatory, libelous, harassing, pornographic,
hateful or ethnically, racially or otherwise objectionable material, or any material
that would contribute to a civil or criminal offense, otherwise violates any law,
or which infringes on any intellectual property right.
Any information submitted or communicated
to Spark Energy through use of the Site or Services that does not include personal
information or data about you is non-confidential and non-proprietary and Spark
Energy may, without compensation to you, incorporate, distribute or otherwise use
such information for any commercial or non-commercial purpose. Spark Energy is under
no obligation to use or post any such information and may remove any information
it does post at any time in its sole discretion. Any personal information or data
submitted to Spark Energy through use of the Services or Site is governed by the
terms of the Privacy Statement.
Spark Energy may provide software for
download or use on the Site. Any software provided on the Site is protected by copyright
law and governed by the terms of the end user license agreement that accompanies
such software. You may not install or use any software that is governed by an end
user license agreement unless you first agree to the terms of the end user license
agreement.
DISCLAIMER OF LIABILITY
The Site contains general information
and may contain errors, omissions and inaccuracies. Spark Energy assumes no liability
or responsibility for any such errors, omissions or inaccuracies or any other limitation
that may arise in relation to the Site. The Site content should not be relied upon
for any personal, commercial or financial matters and you should consult an appropriate
professional for advice based on your specific circumstances. Spark Energy may make
modifications and/or changes to the Site at any time without notice.
THE SITE IS PROVIDED "AS IS" AND
"AS AVAILABLE" AND IS USED BY YOU STRICTLY AT YOUR SOLE RISK. SPARK ENERGY
MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE. ALL SUCH INFORMATION
IS PROVIDED WITHOUT WARRANTY, REPRESENTAION OR CONDITION OF ANY KIND, EITHER EXPRESSED
OR IMPLIED. SPARK ENERGY MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO
ERRORS OR OMISSIONS THAT MAY BE CONTAINED IN THE SITE CONTENT, THE ACCURACY OF THE
SITE CONTENT, OR THAT THE SITE CONTENT IS VIRUS-FREE.
THE USER ASSUMES ALL RESPONSIBILITY AND RISK
FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. SPARK ENERGY DISCLAIMS ALL CONDITIONS,
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO
THE INFORMATION ACCESSED FROM, OR VIA, THE SITE OR THE INTERNET, INCLUDING, BUT
NOT LIMITED TO, ALL IMPLIED CONDITIONS, REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND ALL WARRANTIES, REPRESENTATIONS
AND CONDITIONS IMPLIED BY STATUTE.
Some jurisdictions may not allow the exclusion
of implied warranties; therefore, some of the above exclusions may not apply to
you.
SPARK ENERGY DOES NOT ASSUME ANY LEGAL LIABILITY
OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION,
APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER INFORMATION ACCESSIBLE
FROM THE SITE INCLUDING, WITHOUT LIMITATION, INFORMATION ACCESSIBLE FROM ANY LINKS.
IN NO EVENT SHALL SPARK ENERGY BE LIABLE
FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA, REVENUE OR PROFITS, WHETHER RESULTING FROM AN
ACTION OF CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, NEGLIGENCE OR OTHER TORT
OR CLAIM, ARISING OUT OF OR IN CONNECTION WITH THE USE OR RELIANCE UPON THE INFORMATION
ON THIS SERVER, SITE OR THE INTERNET GENERALLY.
IN ALL OTHER CIRCUMSTANCES, SPARK ENERGY'S
AGGREGATE AND COMPLETE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL
BE LIMITED TO A MAXIMUM OF $10.00 (USD).
REFERENCES AND LINKS TO THIRD PARTY SITES
The Site may refer to other individuals,
companies, entities, organizations, products or services. Such references do not
and shall not imply any endorsement or recommendation by Spark Energy of such individuals,
companies, entities or organizations or their products or services. The Site may
contain links and other references (collectively the "Links") to other
web sites. These Links are supplied to you merely as a convenience and the inclusion
of any Link does not imply any approval or endorsement or recommendation of that
third party or their related information, products or services or any link contained
in a Linked site, or any changes or updates to a Linked site. Spark Energy is providing
these Links as a convenience, and the inclusion of any link does not imply endorsement
by Spark Energy of the site or any association with its operators.
Links to this Site may also be provided
from other sites either known or unknown to Spark Energy. Access to any other web
site linked to or from the Site is at your own risk. Spark Energy has not reviewed
and is not responsible for the content of any third party sites linked to or from
the Site and does not make any representations regarding the content or accuracy
of materials on such third party sites.
You accept all risks, losses and damages
that result from your use of the forgoing referenced entities, products, services
and Links.
Spark Energy may modify these Terms of Use
at any time on 30 days notice. Notice will be posted on the Site for a period of
30 days. It is your obligation to review these Terms of Use from time to time to
ensure that you agree with such terms, as modified. If you do not agree with such
modified terms you are required to stop using the Site.
If any part of this agreement is found
to be invalid or unenforceable by a court of competent jurisdiction pursuant to
any applicable law, then such invalid or unenforceable term will be deemed struck
from these Terms of Use. In any event, the remaining provisions in these Terms of
Use shall continue in full force and effect.
Access to this web site is governed by all
applicable federal, state, provincial and local laws, and, in the case of users
resident outside of Canada or the United States, you may also be subject to additional
laws of the country where you reside. You are responsible for compliance with the
laws of your jurisdiction and other applicable law.
The laws of the State of Texas shall govern
any dispute arising out of the use of this web site or these Terms of Use. In connection
therewith, you also agree to submit to the exclusive jurisdiction and venue of the
courts located in Harris County, Texas.
ACCEPTANCE OF TERMS OF USE
Spark Energy maintains the Site to provide
you with Services and information about Spark Energy. By using the Site, you agree
that you have read, understood and agree to be bound by these Terms of Use. If you
do not agree to the Terms of Use, do not use the Site.
This agreement constitutes the entire understanding
and agreement between you and Spark Energy with respect to the Site and your use
of same.