Effective as of December 16, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS LOYALTY REWARDS PORTAL (THE “PORTAL”) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS PORTAL FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS PORTAL.
This Portal is for the sole use of Freepoint Energy Solutions LLC (“Freepoint” or “we”), its affiliates and service providers, and Freepoint’s energy consultants or brokers and their employees or agents. Do not attempt to log on unless you are an authorized agent or employee of a Freepoint’s energy consultant or broker.
By accessing this Portal, you acknowledge that you are an employee or agent of a Freepoint’s energy consultant or broker and possess a valid and current user id/e-mail address and password. You agree that you will not use the password associated with the Portal across multiple sites. You also agree to properly exit or sign out from the Portal at the end of each session and promptly notify us of any unauthorized use of your username, password, other account or personal information, or of any other breach of security that you become aware of involving or relating to the Portal. You agree that you will not submit or transmit any data or computer files that contain a virus or other harmful component, or otherwise impair or damage the Portal, any portion thereof or any connected network, or otherwise interfere with any person or entity’s lawful use of or access to the Portal. You will not misrepresent your identity, authorization from or affiliation with any person or entity including, without limitation, using another person’s username, password or other account or personal information.
Use of this Portal, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. By using this Portal you expressly consent to such monitoring, tracking and recording.
FREEPOINT MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, CONCERNING THE THIRD PARTY SITE OR PORTAL, INCLUDING THE RELIABILITY OR SUITABILITY THEREOF FOR ANY PARTICULAR PURPOSE, NOR DOES FREEPOINT WARRANT THAT SUCH SITE OR PORTAL IS DEVOID OF VIRUSES, MALICIOUS CODES OR OTHER DEFECTS OR CONTAMINATION. FREEPOINT MAKES NO WARRANTY THAT THE ACCESS TO THE THIRD PARTY SITE OR PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE AND FREEPOINT SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS.
UNDER NO CIRCUMSTANCES WILL FREEPOINT BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE PORTAL OR ANY PORTION THEREOF, OR THE USE OF OR INABILITY TO USE THE THIRD PARTY SITE REGARDLESS OF WHETHER FREEPOINT HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
YOU HEREBY AGREE TO RESOLVE ANY DISPUTE, CLAIM, CONTROVERSY, LAWSUIT OR LITIGATION RELATING TO, OR ARISING FROM, THE USE OF THIS PORTAL OR THE THIRD PARTY SITE, OR DISCLOSURE OF ANY PERSONAL INFORMATION REQUIRED IN CONNECTION WITH THE ACCESS TO OR USE OF THE PORTAL OR THE THIRD PARTY SITE, THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE PROCEDURAL RULES FOR COMMERCIAL DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE SITE OF SUCH ARBITRATION SHALL BE NEW YORK, NEW YORK. THE NUMBER OF ARBITRATORS SHALL BE THREE (3). EACH PARTY SHALL APPOINT ONE ARBITRATOR AND THE TWO ARBITRATORS APPOINTED BY THE PARTIES SHALL APPOINT THE THIRD ONE. IF THE ARBITRATORS CANNOT AGREE ON WHICH ARBITRATOR TO APPOINT, THEN THE THIRD ONE SHALL BE APPOINTED BY AAA. THE ARBITRATORS SHALL APPLY NEW YORK LAW. THE ARBITRATION OF DISPUTES DESCRIBED IN THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.
You agree to defend, indemnify and hold harmless Freepoint, its affiliates, Utility Bucks and their respective officers, directors, employees, agents, licensors and licensees from any claims, losses, damages, expenses, demands and costs (including, without limitation, reasonable attorneys’ fees and other legal costs and expenses for investigating or defending any actions or threatened actions) arising out of or relating to your access to or use of this Porta or the Third Party Site.
Unauthorized use of this Portal and/or the Third Party Site, including but not limited to unauthorized entry into Freepoint's systems, misuse of passwords or misuse of any information posted to a site, is strictly prohibited. Freepoint reserves the right to investigate complaints or reported violations of these Terms and Conditions and to take any actions it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, IP addresses and traffic information.
If these Terms and Conditions are not acceptable to you, do not logon or use this Portal.
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