(Spark Entities)
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
These Terms & Conditions of Use (“Terms & Conditions”) apply to the all the Entities listed on Attachment A (collectively, “Spark Entities”, “we”, “us” or “our”) and to all users and customers of this website, mobile applications, and all digital assets contained or offered therein (collectively, our “Services”)
These Terms & Conditions are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of these Terms & Conditions shall control.
Please carefully read these Terms & Conditions before using our Services. By using our Services, you agree to be bound by these Terms & Conditions, including the MANDATORY ARBITRATION AND CLASS ACTION WAIVER AGREEMENT described below, and by our Privacy Policy, which is incorporated by reference and forms part of these Terms & Conditions. If you do not agree, then you must not use our Services. If you violate these Terms & Conditions, we reserve the right to deny you access to our Services, together with any and all other legal remedies. The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.
We grant you a limited, revocable, non-exclusive, non-transferable license to review and in some instances print content, from our Services (e.g., our website) for your personal and educational purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including our intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. We reserve the right to terminate or limit your access to our Services and/or the licenses granted herein for any reason (or no reason) and in our sole discretion. We reserve the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs or upgrades. We will endeavor to provide notice before any scheduled upgrades. We (and our licensors) remain the sole owner of all rights, title, and interest in the Services. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.
All content, features, and functionality available through our Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either the proprietary property of us, our affiliates, or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any database or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from our Services, including but not limited to customer identities or Personal Information (as defined in our Privacy Policy).
All registered and unregistered trademarks visible or accessible through our Services are trademarks of the Company, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of the Company, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.
In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Services or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Services including our website (or related website, other websites, or the Internet) or Services; (h) to collect or track the personal information of others; (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or Services, including those to prevent copying of content or that limit use; (l) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (m) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (n) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (o) use a buying agent or purchasing agent to make purchases on the website; (p) use the Services to advertise or offer to sell goods and services; (q) engage in unauthorized framing of or linking to the Services; (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (t) sell or otherwise transfer your profile; (u) use the Services as part of any effort to compete with us or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (w) copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or (aa) in any way that may be deemed a breach or violation of any of our Terms & Conditions or Website. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.
Our Services, including our website and any mobile applications are intended only for users over the age of eighteen (18). We do not target our Services to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age.
We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13). See Section IX of our Privacy Policy for additional information about children’s privacy.
Our Services, including our website and application, may contain typographical errors, inaccuracies, or omissions that may relate to Company offerings, rates, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).
We do not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.
No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
You may not create a link to any page of our Services without our prior written consent. If you do create a link to a page of our Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of our Services by linking to it.
Our Services might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms. Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties should be directed to that party.
Our Services may contain direct links to other third-party websites or other third-party websites that are not affiliated with our Services may provide information about our Services, products, or offerings or directly link to our Services (collectively referred to as “Third-Party Websites”). These Third-Party Websites are not under our control and we are not responsible for the content posted on any Linked Site. To the extent we provide a link to a Third-Party Website or allow non-affiliated Third-Party Websites to link to our Services or post information about our Services, products or offerings, we do so only as a convenience and such relationship not imply endorsement by us of the Third-Party Website or any association with its operators. We will make commercially reasonably efforts to ensure that information provided on Third-Party Websites for which we are aware is accurate and timely, but cannot guarantee the timelines or accuracy of any content about our Services, products or offerings that is made available on Third-Party Websites. YOU AGREE THAT WE ARE NOT LIABLE, UNDER ANY CIRCUMSTANCE, DIRECTLY OR INDIRECTLY FOR ANY INFORMATION, RESOURCES, RATE, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY LINKED WEBSITE AND/OR THIRD-PARTY WEBSITE AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY LINKED SITE OR THIRD-PARTY WEBSITE.
OUR SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH OUR SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN OUR SERVICES AND/OR OUR LITERATURE.
IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND OUR SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any dispute or claim arising from or related to our Services, these Terms & Conditions, and/or the Privacy Policy (“Dispute”) shall be resolved by one arbitrator through binding arbitration using the process explained below. The parties understand and agree that they are waiving their rights to sue or go to court to assert or defend their rights. However, either party may bring an individual claim in small claims court consistent with the jurisdictional and dollar amount limitations that may apply, so long as maintained as an individual claim. The term “Dispute” refers to any dispute, action, claim, or other controversy between us, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis.
Either party asserting a Dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Notice shall be made by first class or registered mail (1) to Legal Department at 12140 Wickchester Lane, Suite 100, Houston, TX 77079 or (2) to you at the postal address on file with us. Both you and Company agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”), under the AAA Commercial or Consumer rules, as applicable, in effect at the time the Claim is filed (“AAA Rules”). For information on how to file a claim, copies of the AAA Rules and forms can be located at www.adr.org, or by calling 1-800-778-7879. Arbitration shall take place in the county of your residence, as determined by your mailing address on file with us. We agree to pay or reimburse all costs associated with any arbitration between the parties, including filing fees and arbitrator fees, and agree to waive any right to recover an award of attorneys’ fees and costs against you. The arbitrator’s decision shall be final, binding, and non-appealable. Judgment upon the award may be entered and enforced in any court having jurisdiction.
Each party will bear its own attorneys’ fees unless an applicable law or the arbitration rules provide otherwise. If you initiate arbitration, the Company will pay the consumer filing fee up to the amount you would have paid to file an individual action in court, and the Company will pay the arbitrator’s fees and administrative costs as required by the AAA Consumer Arbitration Rules, unless the arbitrator determines your claim is frivolous. The arbitrator may award any relief available in court under applicable law, subject to these Terms & Conditions.
You may opt out of this Arbitration Agreement by sending written notice within thirty (30) days of first accepting these Terms & Conditions. Your notice must include your name, mailing address, phone number, and a clear statement that you wish to opt out of the Arbitration Agreement. Send opt-out notices to: Spark Energy, LLC, 12140 Wickchester Lane, Suite 100, Houston, TX 77079, Attn: Legal Department – Arbitration Opt-Out.
If twenty-five (25) or more similar arbitration demands are filed against the Company by or with the assistance of the same law firm or group of law firms, and the claims share common issues of law or fact, the parties agree to resolve the demands in batches of no more than fifty (50) claimants per batch, proceeding in the order filed. The arbitrator(s) may use bellwether proceedings to facilitate resolution. Any applicable statute of limitations will be tolled for the demands while the batch process is ongoing.
Notwithstanding this Arbitration Agreement, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent irreparable harm, including to protect intellectual property rights, confidential information, or to prevent unauthorized access to or misuse of the Services, without waiving the right to arbitrate all other Disputes.
All Disputes, whether resolved informally, in small claims court, or through arbitration, shall be brought on an individual basis. Disputes must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum, and the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any entity or person not a party to the arbitration. Any claim that all or part of this Class Action waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION, HOWEVER, THEY UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
This Arbitration Agreement shall be governed by the Federal Arbitration Act and interpreting federal law. To the extent state law applies to any aspect of this provision or the Claim, the law of your residence, as determined by your mailing address on file with us, shall apply. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or of the arbitrator’s award; any such suit may be brought only in the federal court encompassing the county where the arbitration took place, or if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Arbitration Agreement including any claim that all or any part of the Arbitration Agreement is void or voidable. However, the preceding sentence shall not apply to the clause above entitled “Waiver of Right to Bring Class Action & Representative Claims.” If any provision relating to intellectual property, confidentiality, prohibited uses, or security is found invalid or unenforceable, the provision will be reformed to the maximum extent permissible to effect the parties’ intent, and the remaining provisions will remain in full force and effect.
To the extent permitted by law, any cause of action or claim you may have with respect to your use of the Services, including without limitation any website or mobile application or other Services-related product, services, or other content, must be commenced within two (2) years after the claim or cause of action arises. If applicable law prohibits a shorter limitations period for a particular claim, the applicable statute of limitations will apply. This section applies to you and your heirs, successors and assigns.
To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms & Conditions are effective until terminated. We may terminate or suspend your access to the Services at any time, with or without notice, including if we believe you have violated these Terms & Conditions or applicable law. Termination of your access to the Services does not necessarily terminate any separate energy supply, enrollment, or customer agreement you may have with one of the Spark Entities, which is governed by its own terms and applicable law. Upon termination, your right to use the Services will immediately cease.
To the fullest extent permitted by law, you agree to indemnify and hold harmless us and our affiliates, and each of our and their respective officers, directors, employees, agents, contractors, licensors, and service providers (each, an “Indemnified Party”), from and against any third-party claim, demand, action, or proceeding, and any related losses, liabilities, damages, judgments, penalties, and reasonable attorneys’ fees, arising out of or relating to: (a) your breach of these Terms & Conditions (including any document incorporated by reference); (b) your violation of applicable law; or (c) your infringement or misappropriation of any intellectual property or other rights of any person or entity. We may assume the exclusive defense and control of any matter subject to indemnification by you (at our option), and you agree to cooperate with our defense. You will not settle any claim in a manner that imposes any obligation or admission on any Indemnified Party without our prior written consent.
There are no third-party beneficiaries to the Terms & Conditions. We shall have the right to assign our rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all of our assets.
We reserve the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in our practices and service offerings. If we make changes, we will update the “Last Updated” date above. Unless otherwise stated, changes are effective when posted. For existing customers, material changes will be effective thirty (30) days after we provide notice (for example, by email, account message, or a notice within the Services). Your continued use of the Services after the effective date of any changes constitutes acceptance of the updated Terms & Conditions. These Terms & Conditions may also be modified by a written agreement signed by you and us.
To the fullest extent permitted by law, you consent to the use of electronic signatures and records, and to the electronic delivery of notices, disclosures, and other communications. You agree that your electronic acceptance of these Terms & Conditions (including by clicking “I Agree,” creating an account, submitting an enrollment, or otherwise using the Services) has the same legal effect as an original handwritten signature. You may request paper copies of certain disclosures where required by law by contacting us as described below; we may charge a reasonable fee to the extent permitted by law.
Electronic communications. By accessing or using the Services, you consent to receive communications from us electronically (for example, by email, in-product notifications, or by posting notices within the Services).
Telephone and text message consent. By providing a telephone number to us (including when creating an account, requesting information, submitting a form, or enrolling for services), you represent that you are the authorized user of the number and you give Spark Energy, LLC and the Spark Entities (and each of their respective affiliates, agents, contractors, and service providers) your prior express consent (and where required, prior express written consent) to contact you at that number for account-related and customer-service purposes (including identity verification, billing and collections, service updates, outage and safety notices, and similar transactional purposes) and, where you have opted in or otherwise provided the level of consent required by applicable law, for marketing and promotional purposes. These contacts may include calls, text messages, and prerecorded/artificial voice messages, and may be made using automated technology.
Not a condition of purchase. Your consent to receive marketing calls or texts is not required as a condition of purchasing any goods or services.
Opt out and revocation. You may opt out of marketing text messages at any time by replying “STOP” to any marketing text message (you may receive a single confirmation text). You may request help by replying “HELP.” You may also revoke consent for marketing calls or texts by contacting us using the information below. Revocation may not apply to certain transactional or legally required communications. Please allow a reasonable time for us to process your request.
Message terms. Message and data rates may apply. Message frequency varies. Wireless carriers are not liable for delayed or undelivered messages. If your number changes, you agree to promptly notify us.
We will not be liable for any failure or delay in performance, or any interruption of the Services, to the extent caused by circumstances beyond our reasonable control, including acts of God, natural disasters, severe weather, terrorism, war, civil unrest, labor disputes, pandemic, utility or grid failures, telecommunications failures, cyberattacks, governmental actions, or other events of a similar nature.
Except as otherwise provided in the Arbitration Agreement, these Terms & Conditions and any Dispute will be governed by the laws of the State of Texas, without regard to its conflict of law principles.
The provisions of these Terms & Conditions that by their nature should survive termination will survive, including without limitation: Intellectual Property; Prohibited Uses; Warranty Disclaimer; Limitation of Liability; Indemnification; Dispute Resolution and Arbitration; and any other provisions intended to survive.
We are committed to providing accessible digital Services for all users. We strive to conform our digital Services to generally recognized accessibility standards, including the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, and we continually work to improve the user experience for everyone.
If you experience any accessibility barriers or need information in an alternative format, please see the “How to Contact Us” section on our Accessibility Statement. When contacting us, please describe the issue, the web page or feature where it occurred, and the device and browser (or assistive technology) you are using so we can respond more effectively.
Some content or functionality may be provided by third parties not under our control, and we may not be able to remediate all such third-party content. We will, however, work with you to provide reasonable assistance where practicable.
Our separate Accessibility Statement (available on our website) provides additional information and may be updated from time to time.
If you have any questions about these Terms & Conditions, please contact us using the information provided as per the applicable entity: