This site is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this site constitutes your agreement to all such terms, conditions and notices. This site is powered and operated by HOA Energy, Inc. doing business as The Power Plug. (“The Power Plug”, “we” or “us”). You must be 18 years of age or older to use this site.

The Power Plug is a service of HOA Energy, Inc., that, among other things, allows subscribers to locate, evaluate, and enroll in energy services through third party providers. By using the Service, you accept the terms of this Agreement. This is a legally binding agreement between you and The Power Plug.

The Power Plug operates solely as a service provider by providing prospective buyers access to pre-screened energy offers that meet certain proprietary conditions. You are not permitted to use the Service unless you have successfully subscribed to be a member of the Service (“Member”).

The Service is available to Members to assist in the purchase of energy. Additionally, optional related services may be purchased. The price and other terms remain subject to service agreements between the buying Member and the third party provider. The Power Plug cannot guarantee the rates and/or services provided by the third party vendor.

The Power Plug has the right to cancel or suspend a Member’s account at any time and without notice upon a breach, violation or non-compliance of this Agreement or any other policies, terms of use, or agreements of The Power Plug. Notwithstanding the foregoing, under no circumstances shall The Power Plug be required to issue refunds hereunder.

The Power Plug is the provider of the Service and is not a party to any contract concluded pursuant to the Service. The Power Plug is not responsible or liable to any Member, or any other user of the Service in any way, including, without limitation, any disputes arising out of the contract between Members and third party energy service providers, such as disputes related whether the parties have fully performed their obligations thereunder and any disputes related to whether a contract has been validly entered into or concluded.

Each energy transaction shall be consummated directly between the member and third party provider.

COPYRIGHT AND TRADEMARK NOTICES

The materials, content, data and information provided to or made available through the Service are the property of The Power Plug or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided for in this Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials available through the Service.

The Power Plug and the names of other products and services referred to through the Service are the trademarks of The Power Plug, LLC and their respective owners. You may not use any trademark or service mark appearing through the Service without the prior written consent of the owner of the mark.

FEES

The use of the The Power Plug site requires a service subscription, and we currently offer one option: Lifetime membership. A separate service subscription is required for each meter.

Some notes about The Power Plug service subscriptions:

Until you cancel a subscription by notifying The Power Plug member care atwebmaster@thepowerplug.com , it will automatically renew at the end of each subscription term at the same fee (even if you are not using the The Power Plug portal).

The Power Plug service subscriptions may not be transferred to another meter or subscriber.

Although we strive to make the The Power Plug service available as much as possible, there may be periods of downtime (for example, for scheduled maintenance, software updates, or events outside of our reasonable control).

PAYMENT TERMS

The Power Plug membership is paid for by our energy service providers. We do not collect member’s payment information.

SERVICES

General

You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this agreement or use of this site. Nothing contained in this site shall be construed to prevent us from complying with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by us 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. This agreement constitutes the entire agreement between you and us with respect to your use of this 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. Fictitious names of companies, products, people, characters and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.

Use of Our Services

Whenever you order or purchase a service or product through this site you are warranting to us and the applicable service provider that you are at least 18 years of age and possess the legal authority to enter into the transactions made available through this site and will use this service in accordance with all terms and conditions herein and as set forth in this site. You agree to be financially responsible for your use of and all transactions made in connection with services and products ordered or purchased through this site. Without limitation, any speculative, false or fraudulent purchase, order, reservation or notification to any service provider through this site is prohibited. You agree that you will be completely responsible for all charges, fees, duties, taxes and assessments arising out of the purchases and orders you make through this site.

Liability Disclaimer

IF YOU RELY ON THE SERVICE, OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THE SERVICE. THE SERVICE AND THE WEBSITE ARE PROVIDED TO YOU “AS IS.” THE POWER PLUG AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THE SERVICE). NOR DOES THE POWER PLUG, ITS AFFILIATES, AGENTS AND LICENSORS GUARANTEE THAT THE SERVICE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The POWER PLUG AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE SERVICE BY YOU OR ANY OTHER THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL THE POWER PLUG OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, COSTS, EXPENSES, FEES OR LIABILITIES ARISING OUT OF YOUR USE OF THE SERVICE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF THE POWER PLUG IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE POWER PLUG’S LIABILITY IS LIMITED TO THE MEMBERSHIP FEES YOU PAID DURING THE PERIOD OF YOU ENERGY SERVICES CONTRACT. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE POWER PLUG, ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF YOUR USE OF THE SERVICE.

No Unlawful or Prohibited Use

As a condition of your use of this site, you warrant that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions and notices.

Energy Service Providers

This site does not represent or imply that any service category available on this site contains a complete or comprehensive list or choice of all service providers that can provide service to you at your particular address. This site may exclude certain service providers that do not meet The Power Plug’s proprietary standards. Accordingly, there may be service providers that can provide you with service at your particular address that do not appear on this site and are not listed as a choice for you to select under a particular service category contained on this site. You are in no way obligated to use this site or to choose any particular service provider that appears on this site.

Each Member authorizes The Power Plug to request and/or retrieve information related to your electricity usage. The Power Plug will establish accounts, on your behalf, in order to retrieve this information when necessary. These accounts may be established with your Transmission and Distribution Service Provider (“TDSP”) or with Smart Meter Texas (“SMT”). If established, your credentials will be made available to you at your request. Member agrees to abide by the SMT Terms and Conditions whenever an account is established on their behalf.

Each Member agrees and understands that he or she is appointing The Power Plug as his or her limited agent for purposes of selecting and enrolling the member’s service location for electricity service with Retail Electricity providers from time to time on their behalf. BY USING THIS SITE EACH MEMBER ACKNOWLEDGES AND AGREES THAT HE OR SHE IS AUTHORIZING THE POWER PLUG TO ENROLL THE MEMBER’S SERVICE LOCATION DIRECTLY WITH RETAIL ELECTRICITY PROVIDERS ON THEIR BEHALF. In addition to enrollments for service, each member acknowledges that The Power Plug may call a Retail Electricity Provider on their behalf, in reference to their account.

Any member can rescind this authorization at any time by providing notice to us atwebmaster@thepowerplug.com . Member acknowledges that our ability to support the member services may be limited or compromised without these authorizations.

Modification of These Terms and Conditions

We reserve the right to change the terms, conditions and notices under which this site is offered.