PLEASE READ THIS AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU IF YOU USE THE DIRECT ENERGY MOBILE APPLICATION (the "DE APP").
You have accessed the mobile application for Direct Energy, LP and its parent, subsidiaries and affiliates (collectively, "Direct Energy", or "we," or "our"). The following End User License Agreement (this "EULA") governs use of the DE App, as provided by Direct Energy, by all those who access, use or otherwise exploit the DE App, including, without limitation, persons and representatives of entities, whether such representatives are persons or digital engines of any kind that crawl, index, scrape, copy, store or transmit digital content (collectively, "you" or "your"). Please read the terms contained herein carefully. This EULA, together with the Privacy Statement available HERE and any other disclosures, updates, rules, postings, bulletins, or other terms listed or communicated on or through the DE App (collectively, this "Agreement"), constitutes a legal and binding agreement between you and Direct Energy. Direct Energy reserves all rights not expressly granted to you. By downloading, using, or registering on any aspect of the DE App, you agree to comply with all terms set forth in this Agreement. If you do not agree with the terms and conditions contained in this EULA, please do not use the DE App and uninstall it from your device(s).
Easily manage your Direct Energy account while on the go – right from your compatible smartphone or tablet! With the DE App, you may be able to pay your bill, monitor your energy usage, locate a home services technician, and update your account settings wherever you are. In addition, you may be able to refer your friends and family members to Direct Energy via the DE App and begin earning valuable bill credits that will be applied to your account.
A. Rules of use and scope: You may use the DE App for your personal use only. You are responsible for all use of the DE App through your mobile device. You are responsible for any mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your carrier) in connection with your access, download, and use of the DE App. When you use the DE App, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the policies, terms of use, and fees of such third party service providers. When you use the DE App, you may grant certain permissions to us for your device. The DE App may contain other graphics, text, photographs, images, video, audio, software, code, and other material that is provided by Direct Energy or its licensors including without limitation the organization, design, compilation, and "look and feel" of the DE App, and advertising thereon (collectively, and including the DE App, the "DE App Content"). The DE App Content is protected by state, national and international copyright, trademark and other intellectual property laws, and is the property of Direct Energy or its licensors. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, of any such DE App Content, including but not limited to the removal or alteration of advertising, is strictly prohibited. Direct Energy grants you a limited, non-exclusive, non-transferable, revocable license to download and use the DE App Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sublicense, sell, loan, create derivative works of, or otherwise use or make available the DE App Content except as expressly provided for in this Agreement, and you may not use the DE App for any illegal purpose. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, aggregation or otherwise, of material obtained through the DE App, including without limitation the DE App Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Direct Energy, or the DE App. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the DE App or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the DE App. You may not attempt to gain unauthorized access to Direct Energy's servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the DE App or otherwise. If you breach these restrictions, you may be subject to prosecution and damages. This Agreement will govern any upgrades provided by Direct Energy that replace and/or supplement any version of the DE App, unless such upgrade is accompanied by a separate terms of use and/or end user license agreement, in which case the terms of such terms of use and/or end user license agreement shall govern.
Direct Energy does not warrant that the functions contained in the DE App will be uninterrupted or error-free, that defects will be corrected, or that the DE App is free of viruses or other harmful components. Interruptions of the DE App may occur from time-to-time for many reasons, such as when mobile coverage is not available from your wireless carrier and outages and periodic maintenance experienced/performed by Direct Energy or your wireless carrier. Direct Energy does not make any representations or warranties regarding the use or the results of the use of the materials in the DE App in terms of their correctness, accuracy, reliability or otherwise.
B. Changes to app: Direct Energy reserves the right to change or remove any content or material from the DE App, in whole or in part, at its sole discretion, at any time, without notice. This Agreement may be modified from time to time; the date of the most recent revisions will be communicated on or through the DE App, so check back often. If you do not accept updated versions of the DE App as they become available, your experience may not reflect the most recent material, features and/or content, for which Direct Energy specifically disclaims any and all responsibility and liability. Continued access of the DE App by you will constitute your acceptance of any changes or revisions to this Agreement.
C. Eligibility: Your participation is completely voluntary. You represent and warrant that all information you submit is truthful and accurate. You agree to maintain the accuracy of such information. You further represent and warrant that you are eighteen (18) years of age or older and have the capacity to enter into a binding contract. Your use of the DE App shall not violate any applicable local, state, federal, or international laws or regulations. The DE App is only available to individuals with DE commodity service in the United States and the District of Columbia.
D. Termination: This Agreement is effective until terminated by Direct Energy. Your rights under this Agreement and your right to use the DE App will terminate automatically without notice from Direct Energy if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement by Direct Energy, you shall immediately cease all use of the DE App and the DE App Content.
E. Services: Third party materials. The DE App may enable access to other third party services and web sites (collectively and individually, "Third Party Services"). Use of the Third Party Services may require Internet access or cause you to incur additional charges, and that you accept additional terms of service. You understand that by using Third Party Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the DE App at your sole risk and that Direct Energy shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. Certain Third Party Services may display, include, or make available content, data, information, or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Third Party Services, you acknowledge and agree that Direct Energy is in no way responsible for any Third Party Materials or Third Party Services including the responsibility to examine or evaluate the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Direct Energy does not warrant or endorse, does not assume, and will not have any liability or responsibility to you or any other person for any Third Party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials, Third Party Services and links to other web sites are provided solely as a convenience to you and are governed by the terms and conditions of those third party service providers.
F. No warranty: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE DE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE DE APP ("APP SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DIRECT ENERGY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE DE APP AND ANY RELATED APP SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DIRECT ENERGY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE DE APP; THAT THE FUNCTIONS CONTAINED IN, OR APP SERVICES PERFORMED OR PROVIDED BY, THE DE APP WILL MEET YOUR REQUIREMENTS; THAT THE OPERATION OF THE DE APP OR APP SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT DEFECTS IN THE DE APP OR APP SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DIRECT ENERGY OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. SHOULD THE DE APP OR APP SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON DE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT DE APPLY TO YOU.
G. Limitation of liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DIRECT ENERGY BE LIABLE FOR PERSONAL INJURY, OR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE DE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), AND EVEN IF DIRECT ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT DE APPLY TO YOU. In no event shall Direct Energy's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed fifty dollars ($50.00USD). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
H. Hold harmless and indemnity: You agree to indemnify, defend and hold harmless Direct Energy, and each of its respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors, and assigns from and against any and all claims and liabilities (including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature) which may arise from your submissions, from your unauthorized use of material obtained through the DE App, from your breach of this Agreement, or from any such acts through your use of the DE App.
I. Dispute: Any dispute or claim relating in any way to your use of the DE App and any related service shall be resolved by binding arbitration, rather than court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement and your use of the DE App. There is no judge or jury in arbitration and court review of any arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent at Corporate Creations Network Inc., 3411 Silverside Rd #104 Rodney Building, Wilmington, DE 19810. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules. These rules are available at www.adr.org. You and Direct Energy agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and Direct Energy each waives any right to a jury trial. You and Direct Energy agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
J. Notice and procedure for copyright infringement: We respect the intellectual property of others. If you believe that any of the DE App content infringes upon any copyright which you own or control, please send a written notification containing the following information to the address provided below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Any notice of copyright infringement shall be sent to:
Copyright Agent
Direct Energy Legal Department
NRG Energy, Inc.
910 Louisiana St.
Houston, TX 77002
