The following Terms of Use apply to all visitors to or users of this Web site (this "Site"), which is owned and operated by Community Energy, L.P. ("Community Energy"). Please feel free to browse this Site; however, your access and use of this Site is subject to the following terms ("Terms of Use") and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, the Terms of Use. If you do not agree with any of these Terms and Conditions, do not use this Site. Community Energy reserves the right, in its sole discretion, to modify, alter or otherwise update these at any time. By using this Site you agree to be bound by such modifications, alterations or updates and should therefore periodically visit this page to determine the then-current Terms of Use to which you are bound.

1. ACCESS. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only, and, where applicable, shall be subject to special terms and conditions governing the use of those areas to, among other things, engage in transactions. Accordingly, except for these Terms of Use, this Site or the use thereof shall not in and of itself create any legal relationship between you and Community Energy. If you entered into another agreement with Community Energy (such as an Electricity Aggregation Agreement (the "Agreement"), the Terms of Use, the Agreement, and all terms and conditions referred to therein, shall govern your access and utilization of this Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

2. INTELLECTUAL PROPERTY. The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Community Energy and/or other parties. Users of this Site are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Community Energy or such third party that may own the Marks. All information and content available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes. You also may not, without Community Energy's written permission, frame or "mirror" on any other server any material contained on this Site. Except as expressly permitted above, no portion of the materials on this Site may be reproduced in any form, or by any means, without prior written permission from Community Energy.

3. DISCLAIMER OF WARRANTY. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A SITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

COMMUNITY ENERGY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN COMMUNITY ENERGY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL COMMUNITY ENERGY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

4. LIMITATION OF LIABILITY. Community Energy and its directors, officers, employees and agents shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of Community Energy, its employees, subcontractors, agents, suppliers, or otherwise, to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this Site or for delays or omissions therein, including, but not limited to, inaccuracies or errors in data. Community Energy shall have no responsibility to maintain the Content or services made available on this Site or to supply any corrections or updates in connection with such Content or services.

YOU AGREE THAT COMMUNITY ENERGY, ITS AFFILIATES, ITS SUPPLIERS, ITS THIRD PARTY AGENTS, THIRD PARTIES POSTING CONTENT OR PRODUCTS ON THE SITE, OR OTHER USERS OF THE SITE AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF COMMUNITY ENERGY IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. COMMUNITY ENERGY CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.

5. HYPERLINKING. THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS SITE VIA "INVERSE" HYPERLINKS AND FRAMING TECHNOLOGY. COMMUNITY ENERGY HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT COMMUNITY ENERGY HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND COMMUNITY ENERGY URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.

6. CONFIDENTIALITY. You agree that you will maintain the confidentiality of this Site and that you will not disclose or provide access to this Site or its Contents to any person (other than your employees in connection with the performance of their duties to you), except as may be required by applicable law or regulation or by order of a court or regulatory or self-regulatory authority with jurisdiction over you.

Except as required by law, Community Energy will maintain the confidentiality of all user communications which contain personal user information and which are transmitted directly to Community Energy.

User should be aware that Linked Sites may contain confidentiality provisions that differ from the provisions provided herein. Community Energy is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

7. INDEMNITY. You agree, at your own expense, to indemnify, defend and hold harmless Community Energy and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding against Community Energy, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of the Site, or any links on the Site, including, but not limited to: (i) your use or someone using your computer's use of the Site; (ii) your use or someone using any password you may obtain; (iii) a violation of the terms set forth in this Terms of Use by you or anyone using your computer or password; (iv) a claim that any use of the Site by you or someone using your computer or password infringes any intellectual property right, is libelous or defamatory, or otherwise results in injury or damage to anyone; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or someone using your computer or password; (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

8. VIOLATIONS OF TERMS OF USE. Community Energy reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the Site.

9. LAWS AND REGULATIONS. The Terms of Use shall be governed by the laws of the State of Texas, without regard to conflicts of laws principles. THE PARTIES CONSENT TO JURISDICTION AND VENUE EXCLUSIVELY IN THE STATE OF TEXAS. User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.