The Fine Print

Power Wizard Renewable Energy Certificate Terms of Service

Agreement

Welcome to Power Wizard, LLC (“Power Wizard,” “we,” “our” or “us”). In these terms, “Customer” or “you” means the person(s) purchasing renewable energy certificates (“RECs”) or other renewable energy products and services from Power Wizard. “Services” as used herein includes the sale and retirement of RECs by us to and for you, including online purchases via this website (“Website”).

By using our Website and purchasing RECs from us, you are communicating that you have read, understood, and agree to be bound by these Power Wizard Renewable Energy Certificate Terms of Service (“REC Terms of Service”), and to the collection and use of your information as set forth in our Privacy Policy, incorporated herein. Power Wizard reserves the right to modify these REC Terms of Service and may provide notice of any changes as described below. You must be 18 years or older to purchase RECs.

All REC purchases accepted by Power Wizard are subject to and will be fulfilled according to the following terms.

1. REC Purchases

A renewable energy certificate, or “REC,” is a tradable instrument, created by a third-party registry, that validates the generation of renewable energy by eligible sources from one megawatt-hour of electricity or equivalent energy supplied by a renewable energy facility. A REC represents the environmental benefits of 1 megawatt hour (MWh) of renewable energy that can be paired with electricity.

RECs do not contain electricity and purchasing RECs does not result in renewable electricity flowing directly to your home, but by purchasing RECs you are supporting the development of new renewable electricity generation sources, helping to build a market for those renewable sources, and reducing or eliminating the carbon footprint of your home’s energy consumption. Increased demand for, and generation of renewable electricity, helps reduce conventional electricity generation. It also has other local and global environmental benefits which may include emitting little or no regional air pollution or carbon dioxide in the region in which the REC was generated. If you are on a 100% renewable electricity plan, you are already avoiding emissions associated with your home’s electricity consumption and purchasing additional RECs will not further reduce your home’s energy carbon footprint, but still contributes to the development of new renewable electricity generation.

Power Wizard purchases RECs from renewable generation resources throughout North America and retires them on behalf of our customers who purchase RECs through us. The RECs Power Wizard purchases, represent the renewable attributes of power generated from a variety of renewable energy sources, including, but not limited to, the sun, wind, geothermal, hydroelectric, wave or tidal energy, and biomass or biomass-based waste products, including landfill gas.

Renewable Energy Certificate pricing is subject to change and includes applicable sales taxes in accordance with the law of the state of Texas. Customers will have ten (10) business days from the purchase date to request a refund of REC purchases.

To purchase RECs from Power Wizard, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address, your residential address, your email address, and your phone number. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION and that the information you submit is accurate and correct. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction. By making a transaction, you represent that the applicable products and services provided by us to you will be used only in a lawful manner. The information you provide us will be handled by us in accordance with our Privacy Policy at www.powerwizard.com/privacy.

2. REC Subscriptions and Fees

PowerWizard’s REC product is an annual subscription product. By signing up with Power Wizard or paying Power Wizard for goods or services, you represent that you are at least 18 years of age and an authorized user of the payment method (credit or debit card) you provide. You authorize Power Wizard to charge the payment method that you provide the applicable annual fee up front and on an annually recurring basis on your billing date for your REC subscription, until such time as you or we cancel your REC subscription. You can request to cancel your subscription by contacting us at support@powerwizard.com. Purchases cancelled more than ten (10) business days after the purchase date are not refundable. You agree to advise us of any changes to your payment method. Your subscription will automatically renew at the end of the annual term, at the same fee, unless we notify you of a fee change 30 days in advance. If your payment does not process, we may cancel your REC account and/or assess a late charge of the greater of 1.5% of the past-due amount or the highest rate allowed by law, at our discretion. We may refer your account to a collection agency to collect past-due amounts and any costs we incur to collect such charges.

You will be able to view your total emissions avoided or reduced, equivalencies in trees planted, Arctic ice saved, projects supported and other helpful information on your MyAccount page. If your home or energy consumption changes, you can update your inputs to the calculator.

3. Disclaimer of Warranties

THE WEBSITE AND THE SERVICES HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, POWER WIZARD DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Power Wizard reserves the right to do any of the following, at any time, without notice: (i) modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (ii) modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (iii) interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

4. Limitation of liability

UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE SERVICES OR THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN EXCESS OF $50. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

5. Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT EITHER OF THEM MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LAWSUIT OR LITIGATION RELATING TO, OR ARISING FROM, THE USE OF THE SERVICES, OR IN CONNECTION WITH THE SERVICES.

6. Legal Construction / Force Majeure / Exports

Power Wizard will not be liable to you or be deemed to be in breach of these terms due to any delay in performing or any failure to perform any of our obligations under these terms if the delay or failure was due to any cause beyond our reasonable control (which include, but are not limited to government actions, war, fire, explosion, flood, acts of terrorism, import or export regulations or embargoes, epidemic, pandemic, labor disputes or inability to obtain or a delay in obtaining supplies of goods, services or labor). Power Wizard may at its option delay the performance of or cancel the whole or any part of a purchase. Power Wizard reserves the right to modify these terms at any time.

7. Governing Law

These terms are governed by laws of the State of Texas, without regard to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Services or these terms shall be the state and federal courts located in Harris County, Texas, and each party hereby consents to the exclusive jurisdiction and venue of such courts. These terms constitute the entire agreement between you and Power Wizard regarding the specific subject matter hereof. Notices to you (including notices of changes to these terms) may be made via posting to the site or by e-mail (including in each case via links), or by regular mail.

Power Wizard Privacy Policy

Thank you for visiting Power Wizard (www.PowerWizard.com). To help you understand how we handle your information, we provide this notice explaining our information practices and the choices you can make about the way your information is collected and used by us on this website and through our Services. By using the website and the Services, you consent to the processing of your information as set forth in this Privacy Policy, now and as amended by us.

Information You Provide

Power Wizard collects information through voluntary submissions: through our website, you can request product and Services information and enroll for a Member Services subscription. In addition, we collect your personal information required to enroll you with an energy provider. The types of personally identifiable information that we may collect for such purposes include but are not limited to: (a) your name, contact information, username, password, and other registration information; (b) transaction-related and financial information, such as when you make purchases or respond to any offers; (c) information you provide about your current energy services or about your energy usage; (d) REP/utility account number; (e) date of birth, social security number, and driver license number in order to enroll you with a third party energy provider. and (f) information you provide us when you contact us.

Information Automatically Collected From You

We and our service providers may automatically collect certain technical information from your computer or mobile device over time and across different websites when you use the Services, such as your Internet Protocol address, your general geographic location, your browser type, your operating system, the pages you view on the Services, the pages you view immediately before and after you access the Services, and the search terms you enter on the Services. This information allows us to recognize you and personalize your experience if you return to the Services, and to improve the Services and the services we provide. We and our service providers may collect this information using “cookies,” which are small text files that the Services save on your computer using your web browser and access when you return, or similar technologies.

We may collect your utility account information that we obtain to analyze your energy use, rate structures, and other characteristics, either when you provide that information to us, or automatically.

How We Use Your Information

We may use the information we collect for a number of purposes, including, but not limited to:

· Fulfill your requests for products and or services, to respond to inquiries about offerings and to offer other products, programs or services that may be of interest

· Provide you with information about the Services or required notices

· Enhance your experience on our website

· Send electronic newsletters and blogs

· Enable you to participate in polls and surveys

· Allow us to improve the Services and the services we provide, such as by better tailoring our content to our users’ needs and preferences

· by better tailoring our content to our users’ needs and preference

· Detect, prevent, and respond to fraud, intellectual property infringement, violations of our Terms of Service, violations of law, or other misuse of the Services

Under What Circumstances Do We Disclose This Information?

We may disclose the information we collect from you through the Services:

· To third parties that provide services to us in connection with our business operations and that have agreed to keep the information confidential, including, but not limited to, third parties that provide order and payment processing services; and deliver marketing communications, promotional materials, or advertisements that may be of interest to you

· To electricity and natural gas providers, utilities, and other companies to identify energy usage and/or cost saving opportunities

· To business partners that may deliver marketing communications, promotional materials, or advertisements that may be of interest to you

· As required by law, such as to comply with a subpoena or other legal process, or to comply with government reporting obligations

· When we believe in good faith that disclosure is necessary (a) to protect our rights, the integrity of the Services, or your safety or the safety of others, or (b) to detect, prevent, or respond to fraud, intellectual property infringement, violations of our Terms of Service, violations of law, or other misuse of the Service

· To service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

In addition, we may share de-identified reports on user demographics and traffic patterns, as well as anonymized information, with third parties.

Information Security

We utilize administrative, technical, and physical safeguards designed to protect the information collected by the Services. However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit to the Services over networks that we do not control, including the Internet and wireless networks. Power Wizard is not responsible for the functionality or security measures of any third-party product or service you use or access, including energy providers, utilities, and SMTP.

Privacy Options / Opt Out Options

We give you choices about how some of your information is handled. You may:

· Opt not to register to receive our e-newsletter(s)/blog(s);

· Opt not to participate in certain interactive areas; and

· Reject the use of cookies, if your browser supports it, however some functions may not work as intended when cookies are disabled.

We do not currently respond to web browser “do not track” signals or other mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. If we do so in the future, we will describe how we do so in this Privacy Policy. Visit the following website, www.allaboutdnt.com , for more information on this developing area.

Consent

By using this website, you consent to the collection and use of this information by Power Wizard. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. If we make any revisions that materially change the ways in which we use or share the information previously collected from you through the Services, we will give you the opportunity to consent to such changes before applying them to that information.

Children’s Privacy

Power Wizard does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register an account. The Services and its content are not directed at children under the age of 13. You must be 18 years of age or over to use the Services.

Links to Other Websites and Services

The Services may contain third-party links. You acknowledge and agree that we are not responsible for the collection and use of your information by third parties that are not under our control. We are not responsible for the practices employed by websites or services linked to or from the Services, including the information or content contained at such sites or services. Your browsing and interaction on any third-party website or services, including those that have a link to or advertisement on our Services, are subject to that third party’s rules and policies. In addition, you agree that we are not responsible for and we do not have any control over any third parties that you authorize to access your information.

Consent

By using this website and our Services, you consent to the collection and use of your information by Power Wizard as described in the TOS and Privacy Policy. If we decide to change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

How To Contact Us

If you have any questions or concerns about Power Wizard’s TOS, Privacy Policy or its implementation please contact us.

Phone at 855-475-8315

Email at support@powerwizard.com

On-line chat or by clicking on the Contact Us page

You can also reach us by mail at:

Power Wizard, LLC

601 Travis, Suite 1400

Houston TX 77002.

PUCT Certificate #BR190584

PUCT – Customer Protection

Phone: 512-936-7000

E-mail: customer@puc.texas.gov