Agreement
Welcome to Quantum Gas & Power Services, Inc.’s (“Quantum,” “we,” “our” or “us”) website and terms of service. This page explains the terms for using our website and any other software, services or products we provide (collectively, the “Services”) to you (“Client”) . By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” or similar language of consent on the website, you are communicating that you have read, understood, and agree to be bound by these Terms of Service (“Terms of Service” or “TOS”), and to the collection and use of your information as set forth in our Privacy Policy and incorporated herein. Quantum reserves the right to modify these terms and may provide notice of any changes as described below. These Terms of Service apply to all visitors, Users and others who access or use the Service. You must be 18 years or older to use our Services. If you do not agree to be bound by these Terms of Service and to abide by all applicable laws, you must discontinue use of the Services immediately. As long as you comply with these Terms of Service, Quantum grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use this website and the Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND IT. THESE TERMS OF SERVICE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS.
Energy Providers and Third Parties
To shop for and find an energy plan that suits your needs, calculate estimated savings, and to enroll you in an energy plan, Quantum will request inputs from you including your energy bill information, service address, current energy provider account information, and other information, including personal information to establish a new account. Quantum may select a new electricity provider, or a new plan or contract with your current energy provider based on your inputs. Depending on the
service option you select, Quantum will also enroll you at the provider’s website using the information you have provided to us. Enrollments and contracts with energy providers are between the energy provider and you. Quantum is not a party to such contracts and shall have no liability or responsibility to you or energy provider, including with respect to any disputes arising out of the contract between you and a third-party provider.
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Permission to Access Retail Energy Provider/Utility Account Information
In order to shop for and provide provider plan information for a User, each Client authorizes Quantum to access and utilize energy data related to your electricity and energy usage from sources such as your current energy provider or retail electric provider, your utility or Transmission and Distribution Utility (TDU) as allowed by applicable rules and law. Additionally, you authorize Quantum in a manner consistent with our Privacy Policy to contact your current retail energy provider and receive information about the status of your contract, your energy usage, and your contract term end dates and eligibility to switch to a different energy provider account. Client understands and agrees that you are authorizing Quantum to initiate price searches, fetch pricing information, request and access energy usage and profile information, enroll or cancel energy provider contracts, as well as authorizing us to perform other activities in connection with providing the Services and to provide related or other services and products as may be offered by Quantum from time to time.
BY USING QUANTUM, EACH CLIENT ACKNOWLEDGES AND AGREES THAT HE OR SHE IS AUTHORIZING QUANTUM TO ENROLL THE CLIENT’S SERVICE LOCATION(S) DIRECTLY WITH RETAIL ENERGY PROVIDERS ON THEIR BEHALF. IN THE EVENT MANUAL INTERVENTION IS NECESSARY BASED ON TECHNICAL MALFUNCTION OR OTHER REASONS TO PROVIDE CLIENT WITH ACCOUNT ENROLLMENT WITH AN ENERGY PROVIDER, CLIENT FURTHER AGREES QUANTUM AND ITS EMPLOYEES OR
REPRESENTATIVES ARE AUTHORIZED TO ACT AS CLIENT’S AGENT FOR SUCH PURPOSES ON CLIENT’S BEHALF. THE AUTHORIZATIONS GRANTED BY CLIENT HEREUNDER MAY BE CANCELLED BY CLIENT AT ANY TIME UPON WRITTEN NOTICE TO QUANTUM.
Contracts with REPs and Other Service Providers
Client agrees to abide by all terms and conditions of account access detailed in each third party’s TOS or terms of service that has been set up by Quantum including their energy provider terms of service and TDU. In addition, Client acknowledges and agrees to adhere to all agreements and terms of service with energy providers, utilities or TDUs and other service providers including payment of invoices for using their products and/or services. Client also agrees to allow Quantum to contact energy providers or utilities on their behalf, in reference to their account.
Your Provision of Personal Information to Us
When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with
your use of the Services and refuse any and all current or future use of the Services or any portion thereof. Your information will be handled by us in accordance with our Privacy Policy.
Termination
Quantum reserves the right, to the maximum extent allowed by law, in our sole discretion, to cancel your Client account for any reason or no reason, including without limitation for violation of this Terms of Service.
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Licenses and Certification
Quantum is licensed or certified to provide energy broker, shopping and advisory services in Texas.
Modification of Terms
Quantum may modify these Terms of Service, in whole or in part, from time to time in its sole discretion, effective immediately upon posting modified Terms of Service to the Services and, if you possess an account, by directly communicating them to you by email from customerservice@quantumgas.com; provided, however, that any modification to the Dispute Resolution section shall not apply to any disputes initiated prior to the applicable modification. By not terminating your account within seven days after receiving a notice of modifications to this TOS as described above or by continuing to use or access the Services after modified TOS are posted to our website, you agree to comply with, and be bound by, such modifications. Unless explicitly stated otherwise, any future offer(s) made available to you on the Services that augment(s) or otherwise enhance(s) the current features of the Services shall be subject to this TOS.
Indemnity
You agree to defend, indemnify and hold harmless Quantum and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Services, including any data or content transmitted or received by you; (b) your violation of any term of this
TOS, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (d) your violation of any applicable law, rule or regulation; (e) any content of any kind that is submitted via your account including without limitation misleading, false, or inaccurate information; (f) your willful misconduct; (g) any other party’s access and use of the Services with your unique username, password or other appropriate security code, or (h) any unauthorized conduct or action by the Client. Further, Client acknowledges and agrees that they are using Quantum as a broker only and that Quantum shall have no obligation to Client, and Client shall release and hold Quantum harmless for any power interruptions or failures, any of the electricity provider’s actions,
inactions or negligence in supplying electricity to the Client or any electricity providers’ actions or inactions, in denying, failing to supply or terminating electricity to the Client, or for any price dispute or erroneous charges from the electricity provider to Client.
Governing Law
Access to this website is governed by all applicable United States federal, state and local laws. 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 website or these Terms of Service.
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Disclaimer of Warranties; Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, QUANTUM DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Quantum reserves the right to do any of the following, at any time, without notice: (a) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (b) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (c) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
UNDER NO CIRCUMSTANCES SHALL QUANTUM OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES PROVIDED BY QUANTUM WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
Jury Trial Waiver/Mandatory Arbitration
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL, OR TRIAL BY JURY IN RESPECT OF ANY LAWSUIT OR LITIGATION RELATING TO, OR ARISING FROM, THE USE OF THE SERVICES, OR IN CONNECTION WITH
THE SERVICES. FURTHER, THE CLIENT AGREES TO NOT BE PART OF OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT AGAINST THE COMPANY.. IN THE EVENT OF ANY DISPUTE WITH QUANTUM ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR YOUR USE OF THE SERVICES, YOU AGREE TO SUBMIT SUCH DISPUTE TO BINDING ARBITRATION IN HARRIS COUNTY, TEXAS UNDER THE TERMS OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) WITH A SINGLE ARBITRATOR SELECTED IN ACCORDANCE WITH THEIR PROCEDURES. EACH PARTY WILL BE RESPONSIBLE FOR ONE -HALF (1/2) OF THE
FEES AND EXPENSES OF ARBITRATION, AS WELL AS THEIR OWN ATTORNEYS’ FEES AND EXPENSES. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES ENTERING INTO THIS TERMS OF SERVICE.
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General Terms
These Terms of Service constitutes the complete and exclusive agreement between the parties and supersedes any and all other agreements between the parties, oral or written, regarding the subject matter of this TOS. If any provision of this TOS is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, which shall not affect the enforceability of the TOS’s remaining provisions. You may not assign or otherwise transfer this TOS or any of your rights or obligations hereunder without prior written consent from Quantum. Quantum may, without your consent or notice, transfer, sell, pledge, encumber or assign this TOS and any rights hereunder.
You acknowledge that Quantum assumes no responsibility under this TOS or otherwise for the provision of energy or energy services or for the performance of the terms of any contract entered into between you and any licensed electricity provider.
Notices
Unless otherwise required by law, Client agrees that Quantum may transmit to you all notices required in this TOS in writing or via email to the address you provide to us. It is your sole responsibility to notify Quantum and provide updated address information whenever your contact information has changed.
Client Communications
Clients acknowledge that by providing us your phone number, including mobile number, and email, you consent to receive calls and communications from Quantum and on its behalf for all non-marketing purposes, including but not limited to account updates. Such communications may be made by telephone, text message, e-mail, or any other platform.
Copyright/Trademark/Patent Notice
All contents are 2022 copyrighted by Quantum Gas & Power Services, Inc. All rights reserved. Quantum Gas & Power Services, Quantum, quantumgas.com, and all content and other materials, including, without limitation, all logos, designs, text, graphics, pictures, trade dress, information, data, software, sound files, other files and selections and arrangement thereof are the property of Quantum Gas & Power Services, Inc. and may be either registered trademarks or trademarks of Quantum Gas
& Power Services, Inc.
