Terms of Use

Freepoint Energy Solutions Terms of Use

Effective as of September 17, 2019

Introduction

By accessing, browsing and/or using this website, www.freepointsolutions.com (the “Website”), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these terms of use shall constitute a binding and enforceable contract between you and Freepoint Energy Solutions LLC (“Freepoint Solutions”, “we”, “us” or “our”). The Website also includes any application, content, graphics, information or material that is accessible or made available through the Website.

These Terms of Use set forth the terms and conditions under which you may access and use the Website.  If you do not agree to these Terms of Use, please leave the Website immediately.

Freepoint Solutions may change the Terms of Use from time to time, and you agree to be bound by an updated Terms of Use.  Your continued use of the Website following the posting of an updated Terms of Use will signify your acceptance of the then current Terms of Use.

No Solicitation

The information contained in this Website does not constitute an offer to sell or the solicitation of an offer to purchase any security or investment product or other product or service. Freepoint Solutions makes no representations or warranties regarding the timeliness or accuracy of any information or data on the Website and you acknowledge that you are not relying upon any representations or opinions of Freepoint Solutions to influence your decision to execute any transaction or make any financial investment of any kind whether through Freepoint Solutions or otherwise.  Neither Freepoint Solutions nor any of its affiliates is acting as a fiduciary or financial, investment or trading advisor for you and has no obligation to determine that any business or financial transaction is suitable for you. Some products and features mentioned on this Website may not be available in all geographic markets due to local regulatory, legal restrictions and other considerations. Please check with your local Freepoint Solutions contact.

You must consult with your own legal, regulatory, tax, business, investment, financial and accounting advisors regarding any financial or business transaction, and you will make your own investment, hedging and trading decisions (including, without limitation, decisions regarding the suitability of any financial transaction or transaction of any kind) based upon your own judgment and upon any advice from such advisors as you have deemed necessary and not upon any view expressed by Freepoint Solutions or its affiliates. Freepoint Solutions and its affiliates are not acting as brokers, dealers, exchanges, underwriters, placement agents, issuers or investment advisers.

Use Guidelines

You agree to use the Website for lawful purposes only. You are prohibited from use on the Website, or transmitting to or through the Website, any unlawful, threatening, harmful, obscene, defamatory, libelous, harassing, pornographic, hateful or otherwise objectionable material, or any material that would contribute to or constitute a civil or criminal offense, that violates any law or infringes on any intellectual property right.

In circumstances where any portions or applications of the Website require identification for process, you will limit access to your password or other identifying information to authorized individuals. You also agree to properly exit or sign out from your account 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 Website.

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 Website, any portion thereof or any connected network, or otherwise interfere with any person or entity’s use of or access to the Website.

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.

Intellectual Property

You agree and acknowledge that the Website is the sole and exclusive intellectual property of Freepoint Solutions or is licensed by Freepoint Solutions and shall not be copied, reproduced, displayed, sold or otherwise distributed without the express prior written consent of Freepoint Solutions. Freepoint Solutions hereby grants you a non-exclusive, non-transferrable and revocable license to access and use the Website in accordance with the terms and conditions of these Terms of Use.

The trademarks, service marks, and logos used and displayed on this Website (“Trademarks”) are registered and unregistered marks of Freepoint Solutions, its affiliates or others. Our Trademarks and our affiliates’ Trademarks may not be used in any way, including in advertising or publicity, without our prior, written permission.

Nothing contained herein or on this Website will be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right including, without limitation, any patent, trademarks or copyright of Freepoint Solutions, its affiliates or any third party.

At our request, you agree to delete, destroy or otherwise remove any content or information that is used in a manner that in our sole opinion is contrary to the applicable law or otherwise inappropriate, misleading, derogatory or offensive.

Submitted Information

Except from your personal information (which is addressed in our Privacy Policy ), any submission, communication or material you send to the Website, electronically or otherwise, including, but not limited to, data, questions, comments, suggestions, ideas, graphics or other submissions (each a “Submission”), is and will be treated as non-confidential and non-proprietary, unless otherwise stated in the Privacy Policy or agreed by us in a signed writing.

Freepoint Solutions may, without compensation, copy, incorporate, distribute or otherwise use any Submission for any commercial or non-commercial purpose. Freepoint Solutions is under no obligation to post or use any Submission you may provide, and Freepoint Solutions may remove any Submission at any time in its sole discretion.

You hereby irrevocably transfer and assign to Freepoint Solutions, and forever waive and agree never to assert, any copyrights, “moral” rights, or other rights that you may have in any such Submissions.

Privacy

Use of this Website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. By using this Website you expressly consent to such monitoring, tracking and recording.

Freepoint Solutions’ Privacy Policy governs the collection, use, retention and disclosure of information we gather from the Website and contains additional information about how your information (including, without limitation, browsing or use patterns or information that will not be publicly viewable) may or may not be used.

Indemnity

You agree to defend, indemnify and hold harmless Freepoint Solutions, its members, affiliates, 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 or use of the Website.

Representations & Warranties

(a) Disclaimer of Warranties: FREEPOINT SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION PRESENTED ON THE WEBSITE. THE INFORMATION PRESENTED ON THE WEBSITE AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FREEPOINT SOLUTIONS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  FREEPOINT SOLUTIONS MAKES NO WARRANTY THAT (i) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE (ii) THE WEBSITE IS FREE OF ANY COMPUTER VIRUS, MALICIOUS CODE OR OTHER DEFECTS, (iii) THE RESULTS OR INFORMATION OBTAINED FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE OR APPROPRIATE FOR USE, OR (iii) THE QUALITY OF ANY WEB CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS OR IS FREE FROM THIRD PARTY CLAIMS.  FREEPOINT SOLUTIONS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, INACCURACIES OR OMISSIONS, INCLUDING BUT NOT LIMITED TO ERRORS OR INNACURACIES RELATING TO PRICING AND/OR TERMS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE. WE RESERVE THE RIGHT TO CORRECT ERRORS ON THE WEBSITE, TO CHANGE OR UPDATE THE WEBSITE WITHOUT NOTICE, AND TO CANCEL OR REFUSE TO ACCEPT ANY ENROLLMENT OR REQUEST FOR SERVICE PLACED THROUGH THE WEBSITE BASED ON INCORRECT PRICING, TERMS OR OTHER INFORMATION AT ANY TIME, INCLUDING AFTER YOUR RECEIPT OF AN ENROLLMENT OR OTHER TYPE OF CONFIRMATION.

(b) Limitation of Liability:  UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL FREEPOINT SOLUTIONS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT FREEPOINT SOLUTIONS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM FREEPOINT SOLUTIONS OR ITS AFFILIATES.  NOTWITHSTANDING THE FOREGOING, ANY LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE SHALL BE LIMITED TO TEN DOLLARS, IN THE AGGREGATE FOR ALL CLAIMS.

(c) Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.

Third Party Links

This Website may also include links or iFrames to other websites, provided for your convenience. Freepoint Solutions does not control such other websites. Freepoint Solutions and its affiliates are not responsible, and you agree we are not responsible, for such other websites’ content or operation. We shall have no liability in connection with such other websites. Inclusion of such links or iFrames to other websites does not imply any recommendation or endorsement by Freepoint Solutions, including but not limited to opinions, statements, information, individuals or entities referred to on such websites or any association with their operators. You acknowledge that when you click on a link or iFrame which directs you to a site other than the Website, your arrival site will not be controlled by Freepoint Solutions and any terms of use or policies associated with such site may apply. You also acknowledge that Freepoint Solutions will not be responsible for your use, content and terms of use of any such websites. You are solely responsible for any losses, damages, charges or obligations that you may incur in your dealings with such linked website operators.  Freepoint Solutions and its affiliates are not, and you agree that we are not, responsible for the content of any such website or the actions of any operator of any such website.

Warning Against Hackers

We cannot and do not assure that other users are or will be in compliance with these Terms of Use, and, as between you and Freepoint Solutions, you hereby assume all risk of harm or injury resulting from any other person’s lack of compliance which causes you harm.

It is possible that other users or unauthorized “hackers” may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such materials. It may also be possible for other users or “hackers” to obtain personal information about you. By using the Website, you assume the risk of such occurrences.

Miscellaneous Terms

BY ACCESSING THIS WEBSITE YOU AGREE TO RESOLVE ANY DISPUTE, CLAIM, CONTROVERSY, LAWSUIT OR LITIGATION RELATING TO, OR ARISING FROM, THE USE OF THIS WEBSITE, 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 CUSTOMER’S 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.

If any provision of these Terms of Use is held by an authority of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.  The failure by either you or Freepoint Solutions to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Freepoint Solutions as a result of your access to or use of the Website or agreement to these Terms of Use.

Restriction, Suspension and Termination

Freepoint Solutions may restrict, suspend or terminate your access to the Website and/or your ability to avail yourself of any functionality of or of the services on the Website, including interactive services, if we believe that you have breached these Terms of Use at any time. Any such restriction, suspension or termination will be without prejudice to any rights that we may have against you with respect to your breach of these Terms of Use. We may also remove the Website as a whole or any sections or features of the Website at any time without notice.

Contacting Freepoint

If you any questions about the Terms of Use, the practices of this Website or your dealings with the Website, you may contact us by e-mail at dataprivacy@freepointsolutions.com or by mail at 3050 Post Oak Boulevard, Suite 1330, Houston, TX 77056. Please send any such communications to the attention of our Legal Department.