Terms of Service

This Terms of Service document (“TOS”) contains the terms and conditions through which electric service will be supplied by OhmConnect Texas, LLC (sometimes referenced as “Company” or “we” or “us” or “OhmConnect Texas”), a Retail Electricity Provider (“REP”) granted Public Utility Commission of Texas (“PUCT”) Certificate No. 10280. Unless explicitly stated in each section, this document applies to both Postpaid and Prepaid plans. This TOS document, together with your enrollment documentation, your Electricity Facts Label (“EFL”), Your Rights as a Customer (“YRAC”), and your Prepaid Disclosure Statement (“PDS”) if your product is Prepaid, constitute the agreement between us and you (collectively, the “Agreement”). By entering into this Agreement with Company, you are giving Company the right and authority to supply electricity to all of the electric service accounts (“Accounts”) listed in this Agreement, including initiating the transfer of your Accounts to Company and gathering all applicable meter information. The terms “includes” or "including" mean including without limitation.

1. PRODUCT TYPES

We offer the following product types. Only the specific Section (3) or (4) below for your product type will apply to your Agreement. Your EFL contains your specific product type and term information.

Fixed Rate Products (Term):
Company can make changes to the provisions of the Agreement at any time during the contract term with appropriate notice except for changes to your price other than stated in this section or the length of your contract term. We will notify you of any material change to the Agreement in writing at least fourteen (14) days before any change to the Agreement will be applied to your bill or take effect. If you do not cancel the Agreement before the effective date of the change, the change will become effective on the date stated in the notice. Your charges and pricing formula during the contract term are subject to changes imposed by ERCOT or Texas Regional Entity administrative fees charged to load or changes resulting from federal, state or local laws that impose new or modified fees or costs on REPs, that are beyond our control.  Notice is not required for a change that is beneficial to you.

Default Renewal Product: The Default Renewal Product applies to customers whose contract term has expired and who have not selected a new term contract. You will not experience any interruption in your electric service, as we will automatically continue under our month-to month default renewal plan at the then current price. You will receive an EFL for the default renewal product with your Agreement expiration notice. A Customer's account that has transitioned to a default renewal plan may contact us to enroll on a different product for which they may be eligible at any time and there will be no termination fee associated with making this change.

Agreement Expiration Notice: You will receive three written notices prior to the expiration of your contract term specified in your EFL. A final expiration notice will be sent to you at least 30 days before the end of your contract term specified in your EFL for contract terms of more than four months, or at least 15 days before the end of your contract term specified in your EFL for contract terms of less than four months. You have the right to terminate your Agreement without penalty if you terminate your Agreement within 14 days of its expiration date. If you do not take action to ensure that you continue to receive electric service upon the expiration of your Agreement you will continue to be served by us automatically under a default renewal product on a monthly basis after the end of your initial contract term, until you switch to another provider, select another OhmConnect Texas electric service plan, or we terminate or disconnect your electric service.

Variable Products (Month-to-Month):
Your price will vary as set forth in your EFL.  Company can make changes to the provisions of the contract at any time with appropriate notice except for changes to the length of your contract term.  We will notify you in writing of any material change at least 14 days before the change to the contract will be applied to your bill or take effect. If you do not cancel the contract before the effective date of the change, the change will become effective on the date stated in the notice. Notice is not required for a change that is beneficial to you.

2. PRICING

You agree to pay the price and other charges indicated in the EFL, plus applicable transmission and distribution utility (“TDU”) delivery charges, TDU non-recurring charges (like fees related to meter testing) and applicable Taxes (see Taxes below). You also agree to pay any additional fees and maintain any applicable balances on your account per this TOS, and the PDS as applicable. Prepaid products require an advanced meter (“smart meter”) that has been provisioned by your TDU.

3. TERMS APPLICABLE TO POSTPAID PLANS

(a)  Billing, Payments and Payment Arrangements:
Your normal billing cycle is monthly.  As a result, we will provide a bill every month that will include current charges and the total amount due. Payment is due 16 calendar days from the date shown on the bill.  If the 16th day falls on a Federal holiday or weekend, then the due date shall be the next business day after the 16th day.  You agree that we may issue a bill less frequently if we do not receive meter readings or usage information from the TDU or ERCOT in time to prepare and send a monthly bill. We may calculate a bill based on estimated meter readings if actual meter readings are not available from the TDU or ERCOT. Once actual meter readings are received, we will true-up any prior estimated reads on subsequent bills.

If your plan required you to enroll in electronic billing, your bill will be provided to you electronically via the email address you have provided to us.  It is your responsibility to ensure this email address is kept in working order and for you to notify us of any changes to the email address.  If you did not opt for electronic billing, your bill will be mailed to you.  You may enroll in automatic payments or make ad-hoc payments via any of the following methods, as may be available and offered by Company: Check, money order, credit/debit card, recurring payment by bank draft (ACH), cash at a payment location, and/or cryptocurrency.

Please note that automatic payments may be processed up to 5 days before the due date to allow for confirmations from financial institutions. If you agree to pay us by a debit card, credit card, or bank account, your initial application to obtain service will serve as your authorized signature for such transactions and we will debit the full amount of each month bill, including late payment charges and any fees from your debit card, credit card or bank account. If you fail to pay any amount due under this Agreement, we will debit the amount due with the saved payment method on file. When a balance has been due for over thirty (30) days, we may report the past due amount to a third-party agency, for purposes of collecting the past due amount.  You will also be responsible for all reasonable fees and expenses we incur as a result of our attempt to collect the amount due, including collection agency and attorney fees. If you dispute any balance due, you must notify us immediately, in writing, of the disputed balance. Such writing shall include, but not be limited to: i. the account information of the account in dispute; ii. be signed by an authorized person; iii. the amount of the dispute; and iv. the nature of the dispute. We may notify credit agencies of any failure to pay. We reserve the right to refuse debit card, credit card, or bank account payment methods if there are two or more returned, cancelled, and/or reversed payments by your financial institution(s) in a rolling 12-month period. If two or more instances have occurred within the past 12 months, cash is required. If you are a Customer on a prepaid contract, instead of receiving a monthly bill, we (or an authorized payment center) will provide you a purchase receipt or confirmation number that will show you the amount of money added to your account through email or SMS text message. 

Any payment refunds will be made in accordance with PUCT rule §25.478. We will refund any credit balance so long as the credit balance equals or exceeds $5.00 by either crediting the funds back to the credit or debit card used to make the payment or mail a check in your name to the billing address identified on your account. If the credit balance is less than $5.00, you may reach out to us to request a refund of the balance. Please note that a $3.00 Closeout Balance Refund Fee may be deducted from your Closeout Balance prior to issuing you a refund. The normal timeline for refunds is 7 to 10 business days from the final meter reading. All Merchant Service (payment processing) fees, as applicable for each credit or debit card transaction, may be passed through without mark up.

If you agree to purchase other products or services from us or you purchase products or services that are offered by us but provided from our affiliates or other third parties (“Third Party Services”), you acknowledge that the bill we provide you may include the charges for those products and services, provided as a line item. We will apply all payments you make on your bill first to the amounts you owe us for electric service and then to the other products and services. If you’ve signed up for any of our other products or services, we may transfer any outstanding balance from your previous accounts with us to your current account.

(b) Additional Non-Recurring Charges:
In addition to what you may pay in accordance with the pricing section here-within, you may also be charged for the following items up to the amounts listed:

(c) Assistance Programs:
Low-income and energy assistance programs may be available to customers who have severe financial hardship and temporarily may be unable to pay their bills. The program is funded by Company customers, but its availability is subject to the adequate funding. You may contribute to this program on your bill each month. There may be other programs available to customers and the customer should direct all inquiries to either the Company or by dialing 211.

(d) Payment Plans:
Please contact us if you anticipate having difficulty paying your bill by the due date. You may be eligible for payment assistance or a deferred payment plan.   A deferred payment plan allows you to pay an outstanding bill in installments that extend beyond the due date of the next bill. Deferred payment plans are also available for customers whose bills become due during an extreme weather emergency as declared by your TDU; during a state of disaster declared by the governor in the area covered by the declaration, as directed by the PUCT; or to customers who were previously under-billed by $50.00 or more. If the under-billing is $50.00 or more, we will offer a deferred payment plan option for the same length of time as that of the under-billing. A deferred payment plan may not be offered to customers whose underpayment is due to theft of service.

If you are not currently on a deferred payment plan or levelized plan, we will make a deferred payment plan available, upon request, for a bill that becomes due in July, August, or September to a residential customer that meets the following requirements: 1) customers designated as Critical Care Residential Customers or Chronic Condition Residential Customers; or 2) customers who have expressed an inability to pay unless they have been disconnected during the preceding 12 months, have submitted more than two payments during the preceding 12 months that were found to have insufficient funds available, or have received service from us for less than three months and demonstrate a lack of sufficient credit or a satisfactory payment history with their previous electric service provider. You may choose: (a) a plan that requires an initial payment no greater than 50% of the amount due and the remainder paid over at least five billing cycles a level or (b) an average payment plan.

Similarly, we will make a deferred payment plan available upon request for the same eligible customer classes for a bill that becomes due in January or February if, in the prior month, the TDU notified the PUCT of an extreme weather emergency for the customer’s county in the TDU service area for at least five consecutive days during the month.

All customers should be advised that if they choose to enter into a deferred payment plan or an average payment plan, a switch-hold may be placed on their account.  A switch-hold means that you will not be able to buy electricity from other companies until you pay the past due amount owed to Company. The switch-hold will be removed after your final payment on this past due amount is processed.  While a switch-hold applies, if you are disconnected for not paying Company, you will need to pay us to get your electricity turned back on.

(e) Deposits:
We do not deny electric service based on your credit score. However, a deposit may be required before receiving electricity service if you cannot demonstrate satisfactory credit. If a deposit is required, because satisfactory credit could not be demonstrated, the total amount of your deposit (initial and additional) will not exceed an amount equal to the greater of either (1) the sum of the next two months estimated billings, or (2) one-fifth of the estimated annual billing. The Company may base the estimated annual billing for initial deposits for customers on a reasonable estimate of average usage for the customer class.  If you transfer your electric service with us to a new address, your existing deposit may be transferred to your new address.

An initial deposit is not required for an existing customer unless the customer: (i) was late paying a bill more than once during the last 12 months of electric service or (ii) had electric service terminated or disconnected for non-payment during the last 12 months of electric service or (iii) the customer’s actual billings for the last 12 months are at least twice the amount of the original average of the estimated annual billings.  Under this scenario, the customer may be required to pay a deposit within ten days after issuance of a written disconnection notice that requests such deposit. If required in this case, then then it will be calculated as described in this above.  We may disconnect electric service if the additional deposit is not paid within ten days of the request, provided a written disconnection notice has been issued to the customer.

If we hold your cash deposit longer than 30 days, your deposit will accrue interest from the day we received it at the interest rate established annually by the PUCT. We will credit any accrued interest on your deposit to your account either on your January bill each year or on your final bill.

You may avoid paying a deposit if (1) you have a satisfactory credit rating through a consumer reporting agency, (2) you are at least 65 years of age and you do not have a delinquent balance with your current electric service provider, (3) you are medically indigent or, (4) you have been a victim of family violence and can provide a certification letter by the Texas Council on Family Violence. Please contact us for additional information if you believe you may be eligible for one of these options. You may send documentary proof of any of the above by emailing Service@OhmConnect.com.

If you establish satisfactory credit with us by making timely payments for 12 consecutive months, then we will apply the deposit plus accrued interest to your account. If you do not establish satisfactory credit with us during the time you receive electric service from us, then we will apply the deposit plus accrued interest against the outstanding balance on your final bill. We will refund any credit balance so long as the credit balance equals or exceeds $5.00 by either crediting the funds back to the credit or debit card used to make the payment or mail a check in your name to the billing address identified on your account. If the credit balance is less than $5.00, you may reach out to us to request a refund of the balance. Please note that a $3.00 Closeout Balance Refund Fee may be deducted from your Closeout Balance prior to issuing you a refund. The normal timeline for refunds is 7 to 10 business days from the final meter reading.

(f) Disconnection Of Your Service:
WE MAY REQUEST DISCONNECTION OF YOUR ELECTRIC SERVICE IF YOU DO NOT PAY ANY DEPOSIT OWED OR THE PAST DUE AMOUNT OF YOUR ELECTRIC SERVICE BILL IN FULL BY THE DUE DATE ON ANY DISCONNECT NOTICE.  We will notify you in writing at least 10 calendar days (21 days if you are a chronic condition or critical care customer) before we disconnect electric service. We may request disconnection of your electric service without prior notice immediately under specific situations, including the existence of a dangerous condition at your service address or theft of electric service.

(g) Reconnection Of Your Service:
If your electric service is disconnected for non-payment, you must pay all outstanding balances or enter into a payment arrangement or deferred payment plan, if applicable, prior to being reconnected.

(h) Critical Care and Chronic Condition Customer:
If you have a person permanently residing in your premise who has been diagnosed by a physician as being dependent upon an electric-powered medical device to sustain life, you may apply for designation as a Critical Care Residential Customer.   If you have a person permanently residing in your premise who has been diagnosed by a physician as having a serious medical condition that requires an electric-powered medical device or electric heating or cooling to prevent the impairment of a major life function through a significant deterioration or exacerbation of the condition, you may apply for designation as a Chronic Condition Residential Customer. To be considered for such designation, the PUCT-approved form must be submitted by facsimile or other electronic means to the TDU by a physician. The TDU will notify you of the final status of your designation as a Critical Care or Chronic Condition Residential Customer, and will notify you when such designation will expire and whether you will receive a renewal notice. The TDU will also notify us about your status. Designation as a Critical Care or Chronic Condition Residential Customer does not relieve you of your obligation to pay for electric service that you receive from us.  To view this PUCT rule, please go to http://www.puc.texas.gov/agency/rulesnlaws/subrules/electric/25.497.pdf.

4. TERMS APPLICABLE TO PREPAID PLANS

(a)  Billing, Payments and Payment Arrangements:
On a Prepaid plan, Company will not send a recurring billing statement.  Monthly bills are not issued for your account.  However, we will provide occasional, electronic (email and/or SMS) notifications indicating your current balance. Your account will be adjusted periodically to reflect actual TDU charges and any other non-recurring charges. We may use estimated meter readings absent actual meter readings from the TDU or ERCOT. Once actual meter readings are received, we will adjust your balance accordingly. Additionally, we reserve the right to adjust your balance as permitted by Law. "Law" means any law, statute, regulation, rule, ERCOT protocol, exchange rule, decision, writ, order, decree or judgment, or any interpretations by any court, agency or instrumentality that has jurisdiction, including ERCOT. Public Utility Commission (PUC) rules and guidelines can be viewed at: http://www.puc.texas.gov/agency/rulesnlaws/subrules/electric/Electric.aspx.

For Prepaid plans, payment for electricity must be made, received, and posted before you can receive power.  Some plans may require you to have an active credit or debit card linked to your account or establish e-banking.  You may also be subject to automatic withdrawals of the Recharge Amount.  If you are on a plan subject to these terms, and you do not maintain the minimum requirements, you could be subject to fees or disconnection.  Please refer to your EFL and PDS for the specific terms of your plan.

Any payment refunds will be made in accordance with PUCT rule §25.478.  We will refund any credit balance so long as the credit balance equals or exceeds $5.00 by either crediting the funds back to the credit or debit card used to make the payment or mail a check in your name to the billing address identified on your account. If the credit balance is less than $5.00, you may reach out to us to request a refund of the balance. Please note that a $3.00 Closeout Balance Refund Fee may be deducted from your Closeout Balance prior to issuing you a refund. The normal timeline for refunds is 7 to 10 business days from the final meter reading. All Merchant Service (payment processing) fees, as applicable for each credit or debit card transaction, may be passed through without mark up.

(b)  Additional Non-Recurring Charges:
In addition to what you may pay in accordance with the pricing section here-within, you may also be charged for the following items up to the amounts listed:

(c) Assistance Programs:
Low-income and energy assistance programs may be available to customers who have severe financial hardship and temporarily may be unable to pay for their electricity. The program is funded by Company customers, but its availability is subject to the adequate funding. You may contribute to this program on your bill each month. There may be other programs available to customers and the customer should direct all inquiries to either the Company or the PUCT. Please call us for additional information on these programs.

If your account balance falls below the Disconnection Balance, and you have difficulty making a payment to restore a positive balance to reconnect your electric service, you may be eligible for a deferred payment plan. Please refer to your disclosure document for payment information including payment locations and acceptable payment methods.

(d) Disconnection Of Your Service:
WE MAY REQUEST DISCONNECTION OF YOUR ELECTRIC SERVICE WHEN YOUR ACCOUNT BALANCE DROPS BELOW THE DISCONNECTION BALANCE AS LAID OUT IN YOUR PDS. You will be sent a warning notice, Low Balance Alert, one (1) to seven (7) days before your Account Balance is expected to fall below the Disconnection Balance.  Depending on the amount of electricity consumed, the Account Balance may fall below the Disconnection Balance more quickly than expected, resulting in disconnection in as little as one day after you receive the Low Balance Alert. Your failure to maintain a valid phone or email contact will not prevent your electric service from being disconnected. Please call us if you anticipate having difficulty adding funds to your balance. We may request disconnection of your electric service without prior notice immediately under specific situations, including the existence of a dangerous condition at your service address or theft of electric service.

(e) Reconnection Of Your Service:
If your electric service is disconnected for non-payment, and your account has a negative balance, you must pay off that amount in addition to the amounts disclosed in the above “Fees” section of your PDS. In order to restart prepaid electric service, you must meet the Reconnection Balance per your PDS, or you must setup a payment arrangement or deferred payment plan if applicable, prior to being reconnected.

5. CANCELING YOUR AGREEMENT

Right of Rescission:
If you are switching energy providers at your existing service address, you may cancel your acceptance of the Agreement without penalty or fee by contacting us before midnight of the third federal business day after you receive your Agreement through the mail or email, as applicable. This right of rescission is not applicable to move-in requests.

To cancel the Agreement under this Right of Rescission, you may call us at (855) 961-4646; mail us at the address listed above; or e-mail us at Service@OhmConnect.com 

You must include the following information:

“I am exercising my right to rescind the Agreement as authorized in the OhmConnect Texas TOS. 
Name: ____________________________________
Address: _____________________________________
Phone number: __________________________
ESID (Account) number: ____________________________”

The term under this Agreement will begin on the first meter read date set by your TDU following the start of the term stated in the EFL, and will continue for a period specified in your EFL unless earlier terminated in accordance with the terms hereof. Your meter read date is set by your TDU; therefore, we are not liable for any resulting delay in commencement of electric service. At the end of your Agreement term, you may cancel or terminate your Agreement by switching to a new provider.   If you cancel the Agreement before the end of your Agreement term, you agree to pay the early termination fee (“ETF”) in the amount indicated in the EFL, and you must select another REP in order to continue to receive electric service. If you move from your existing premise during the Agreement term you are under no obligation to continue the Agreement at your new location. You will be required to provide evidence that you moved.  There is no ETF assessed if you relocate if you provide a forwarding address and, if requested, reasonable evidence that you no longer occupy the location specified in the Agreement. If you are on a Month-to-Month plan, you may cancel or terminate your Agreement at any time without penalty.  In order to ensure timely processing, you should notify us at least 3 days before the requested termination date.

Our obligations will end after the meter read date where we are no longer designated as your REP or when your electric service is disconnected by the TDU. Your obligations under the Agreement will end, except for the provisions herein that expressly survive expiration or termination, when your account balance, including any termination fee, is paid in full.

If you cancel electric service, you may continue to receive charges for any Third-Party Services until the Third-Party Services are cancelled or terminated. You will not continue to receive charges if the Third-Party Services are scheduled to cancel automatically when your electric service Agreement with us is cancelled or terminated.  You may be assessed an ETF for any non-electricity services (if applicable) in addition to your ETF for your electricity services.  Please refer to additional Service Agreements for more information.

We may terminate this Agreement if: (i) you breach the terms of this Agreement or the TDU’s rules for the provision of electric service; (ii) you switch to another REP during the term of this Agreement, (iii) your TDU is unable to service your meter; (iv) we receive information evidencing that you are not eligible to receive service under this Agreement; or (iv) otherwise required or permitted by law or under the terms of this Agreement. 

6. PROMOTIONS

Promotions, including the Watts program described below, are provided and restrictions may apply at the sole discretion of Company. Company may at any time update, change, or otherwise discontinue a promotion. Any unused, unearned, or otherwise not redeemed promotional credit or item(s) will be deemed forfeited upon disconnection. Promotional values will be utilized after all applicable spend requirements are met. The completion of a contract term length or promotional requirements must be fulfilled, or the value of any promotional credit or item(s) may be billed upon disconnection. Promotional awards have no refundable value.

7. COLLECTIONS

If you fail to make timely payments of the amounts due under this Agreement, we reserve the right to refer the outstanding balance to an attorney or collection agent for collection. If we refer your outstanding balance to an attorney or collection agent for collection, or if we file a lawsuit, or collect your outstanding balance through probate, bankruptcy, or other judicial proceedings, then you agree to pay all fees and expenses (including attorney fees) that we incur in the collection process. "Law" means any law, statute, regulation, rule, ERCOT protocol, exchange rule, decision, writ, order, decree or judgment or any interpretations by any court, agency or instrumentality that has jurisdiction, including ERCOT.

8. LIMITATIONS OF LIABILITY

YOU AGREE THAT CAUSES AND EVENTS BEYOND OUR CONTROL, INCLUDING ACTS OF GOD, ACTS OF ANY GOVERNMENTAL AUTHORITY, ACCIDENTS, STRIKES, AND EVENTS OF FORCE MAJEURE OCCURRING WITH RESPECT TO THE TDU, ERCOT, OR OTHER THIRD-PARTIES (“FORCE MAJEURE EVENTS”), MAY RESULT IN DELAY OR FAILURE TO PERFORM OUR OBLIGATIONS UNDER THIS AGREEMENT, OR INTERRUPTIONS IN YOUR ELECTRIC SERVICE, FOR WHICH WE WILL NOT BE LIABLE. YOU ALSO AGREE THAT WE ARE NOT RESPONSIBLE FOR GENERATING YOUR ELECTRICITY OR FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO YOUR SERVICE ADDRESS. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE WITH RESPECT TO ANY THIRD-PARTY SERVICES INCLUDING THOSE OF ANY GENERATOR; THAT OUR LIABILITY NOT EXCUSED BY REASON OF FORCE MAJEURE OR OTHERWISE WILL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY; AND NEITHER OF US ARE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, UNLESS SUCH DAMAGES ARE RECOVERABLE AS AND INDEMNITY FOR CLAIMS MADE BY THIRD PARTIES. YOU WAIVE ALL OTHER REMEDIES AT LAW OR IN EQUITY. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES RESULT FROM NEGLIGENCE, WHETHER SOLE, JOINT, CONCURRENT, OR ACTIVE OR PASSIVE.

9. REPRESENTATIONS AND WARRANTIES

YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT FOR THE ACCOUNTS LISTED IN THIS AGREEMENT. IF YOU ELECT TO PURCHASE A RENEWABLE ENERGY PRODUCT, WE WILL ENSURE THAT THE APPROPRIATE AMOUNT OF RENEWABLE ENERGY CREDITS (RECs) ARE RETIRED TO AUTHENTICATE THE RENEWABLE ENERGY CONTAINED IN THE PRODUCT. THE TDU OR ERCOT SYSTEM WILL NOT DELIVER ELECTRICITY FROM A SPECIFIC GENERATING SOURCE TO YOUR SERVICE ADDRESS. IF YOU PURCHASE RENEWABLE ENERGY FROM US, YOU ARE PROVIDING FINANCIAL SUPPORT FOR RENEWABLE ENERGY GENERATION SOURCES AND NOT RECEIVING THE PRECISE ENERGY GENERATED FROM THAT SOURCE. YOU FURTHER REPRESENT THAT THERE ARE NO THIRD-PARTY BENEFICIARIES TO THE AGREEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES OTHER THAN THOSE EXPRESSLY SET FORTH IN THE AGREEMENT, AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, CONFORMITY TO MODELS OR SAMPLES AND FITNESS FOR A PARTICULAR PURPOSE.

10. TITLE, RISK OF LOSS AND INDEMNITY

You shall be deemed to be in exclusive control of the electricity after it reaches your electric meter and responsible for any damages or injury caused thereby. You shall indemnify, defend and hold harmless OHMCONNECT TEXAS AND ITS AFFILIATED ENTITIES from any and all claims for any loss, damage, or injury to persons or property, including without limitation, all consequential, exemplary, or punitive damages arising from or related to any act or incident occurring after the point of interconnection of the TDU transmission or delivery system with your meter.

11. MISCELLANEOUS

(a) Power Outages and Emergencies:
Please call the TDU telephone number listed on your bill if you have an electrical emergency or a power outage.

(b) Dispute or Complaints:
If you have any questions, concerns, or complaints, please contact us and we will promptly investigate the matter and report our findings to you. During this time, you will not be required to pay the disputed portion of your bill. If for any reason you are not satisfied with our response, you may contact the PUCT.

ARBITRATION NOTICE: You agree that disputes arising under this Agreement will be resolved by binding, individual arbitration pursuant to the terms of Section 14 below, and BY ACCEPTING THESE TERMS, YOU AND OHMCONNECT TEXAS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 14).

(c) Taxes:
You will be responsible for and indemnify us for any and all Taxes. "Taxes" means all taxes, fees, charges or assessments, whether federal, state or local, presently or hereafter imposed on you as purchaser of electricity, on us as seller of electricity, or on electricity sales transactions, including reimbursable gross receipts taxes.

(d) Provisions that Survive:
Obligations regarding indemnity, payment of Taxes, limitations of liability, and waivers will survive the termination of the Agreement indefinitely.

(e) Unenforceability:
If any Law enacted during the Agreement term renders the Agreement unenforceable or illegal, then we may terminate the Agreement with 30 days’ notice to you and you will owe us nothing more than the obligation to make payment for the electricity previously supplied to you. "Law" means any law, statute, regulation, rule, ERCOT Protocol, exchange rule, decision, writ, order, decree or judgment, or any interpretations by any court, agency or instrumentality that has jurisdiction, including ERCOT or any TDU.

(f) Governing Law:
YOUR AGREEMENT WITH COMPANY IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PROVISIONS OF THE TEXAS UNIFORM COMMERCIAL CODE SHALL GOVERN THE TERMS OF SERVICE AND ELECTRICITY IS DEEMED A “GOOD”. The Uniform Commercial Code can be viewed at the following website: http://www.statutes.legis.state.tx.us/?link=BC

(g) Waiver:
YOUR AGREEMENT WITH COMPANY IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PROVISIONS OF THE TEXAS UNIFORM COMMERCIAL CODE SHALL GOVERN THE TERMS OF SERVICE AND ELECTRICITY IS DEEMED A “GOOD”. The Uniform Commercial Code can be viewed at the following website: http://www.statutes.legis.state.tx.us/?link=BC

(h) Antidiscrimination:
We cannot deny electric service or require a prepayment or deposit for electric service based on your race, creed, color, national origin, ancestry, sex, marital status, lawful source of income, level of income, disability, familial status, location in an economically distressed geographic area, or qualification for low income or energy efficiency services.  We also cannot use a credit score, a credit history, or utility payment data as the basis for determining the price for electric service for products with a contract term of 12 months or less.

(i) Relationship of the Parties:
Third Party Beneficiaries. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and OhmConnect Texas. This Agreement shall not be construed as creating third-party beneficiary rights in any person or entity, except as otherwise expressly provided in this Agreement.

(j) Severability:
If any provision of this Agreement or portion of a provision is held to be unlawful, void or for any reason unenforceable, that provision (or portion of the provision), to the extent required, will be severed from these this Agreement but such severance will not affect the validity and enforceability of the remaining provisions of this Agreement.

(k) Headings:
Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision.

(l) Entire Agreement:
This Agreement and all other terms and conditions referenced herein constitute the entire agreement between you and OhmConnect Texas relating to the subject matter of this Agreement, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and OhmConnect Texas relating to such subject matter.

(m) Electronic Form:
Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

12. ASSIGNMENT

You may not assign your Agreement with us, in whole or in part, or any of your rights or obligations under the Agreement, without our prior written consent. Company may, without your consent, (i) as part of any financing or other financial arrangements, assign, sell or pledge this agreement or its accounts, revenues, or proceeds, or (ii) assign this agreement to an affiliate of Company or to any other person or entity succeeding to all or a substantial portion of the assets of Company, or (iii) subcontract, assign, transfer or sublicense any or all of our rights or our obligations under Section 13 of this Agreement without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

13. DEMAND RESPONSE SERVICES

As part of your plan with OhmConnect Texas you are automatically enrolled in: (a) a mobile application that can be installed by users on a mobile device (the “App”), and (b) certain services that are delivered through OhmConnect Texas’s servers (the “Web App”). Together, the App and the Web App are defined as the “Demand Response Services.

BY ENROLLING IN A PLAN WITH OHMCONNECT TEXAS OR OTHERWISE ACCESSING OR USING THE DEMAND RESPONSE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY AND ABIDE BY THE DEMAND RESPONSE TERMS OF THIS SECTION 13. IF YOU DO NOT AGREE TO THESE DEMAND RESPONSE TERMS, YOU MAY NOT ACCESS OR USE THE DEMAND RESPONSE SERVICES, AND YOU MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE OF THE DEMAND RESPONSE SERVICES.

YOU UNDERSTAND IF YOU ARE CURRENTLY ENROLLED IN ANOTHER DEMAND RESPONSE PROGRAM, YOU ACKNOWLEDGE YOUR INTENT TO DISENROLL FROM YOUR CURRENT DEMAND RESPONSE PROGRAM WITH THAT PROVIDER.

(a) Accounts:

(b) License to Services:

(c) Acceptable Use Policy:

You may use the Demand Response Services only in compliance with these Demand Response Terms, and all local, state, national, and international laws, statutes, rules and, regulations applicable to your use of the Demand Response Services. You must not:

(d) Service Limitations:

(e) Privacy & Security:

By using the Demand Response Services, you consent to the collection, use, disclosure and sharing of data as set forth in OhmConnect Texas’s privacy policy located at www.OhmConnect.com/privacy-policy (“Privacy Policy”). The Privacy Policy is incorporated by this reference into, and made a part of, these Demand Response Terms. OhmConnect Texas is committed to maintaining the security of the data you provide us and will take reasonable organizational, technical and administrative measures to protect your personal information. However, the Demand Response Services are provided through wireless networks and the Internet, and there is always some risk in transmitting information over the Internet. For this reason, OhmConnect Texas cannot guarantee the security and privacy of wireless transmissions or transmissions via the Internet, and you agree that we will not be liable for any lack of security relating to the use of the Demand Response Services by you. You agree that you will not hold OhmConnect Texas liable for any damages resulting from any loss of privacy or security occurring in connection with any communications over such networks.

(f) Short Code Messaging Program:

OhmConnect Texas is offering a Short Code Messaging Program (the “Program”), which you agree to use and participate in subject to this Section 13(f). By opting into or participating in the Program, you accept and agree to the terms reflected in this Section 13(f). Any term identified in this Section 13(f) is limited to the Program and is not intended to modify the other terms of this Agreement and any privacy policy that governs the relationship between you and OhmConnect Texas in other contexts.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD OHMCONNECT TEXAS, OHMCONNECT TEXAS’S AGENTS, AND ANY THIRD-PARTY SERVICE PROVIDER WE USE TO SEND MESSAGES HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM OHMCONNECT TEXAS ATTEMPTING TO CONTACT YOU AT THE TELEPHONE NUMBER YOU PROVIDED.

(g) OhmConnect Store:

DISCLAIMER OF WARRANTIES and RETURN POLICY. OhmConnect Texas makes no warranties, express or implied, regarding any hardware device, and there will be no implied warranties of merchantability or of fitness for a particular purpose. Devices carry the warranties specified by the applicable third party manufacturers. We have a LIMITED return policy, available here on the Help page.

(h) Watts Reward Program & Other Promotions:

The Watts reward program allows a user to receive “Watts” (referred to as points or reward points under OhmConnect Texas’s legacy reward point program) based on a user’s level of participation in the Demand Response Services and conditions in the energy market prevailing during relevant use periods. Watts can be redeemed for a variety of goods or services that OhmConnect Texas may make available from time to time, including gift cards, activities, bill credits or cash rewards (“Rewards”). Rewards are available based on a variety of factors including, but not limited to, location, time of day, grid conditions, total amount of energy saved by a user, or the availability of a particular Reward at the time a user redeems their Watts. Rewards may be subject to additional terms and conditions. Any Reward that is obtained due to OhmConnect Texas’s error or a user’s fraudulent, deceptive or illegal activity (including in violation of these Demand Response Terms or this Agreement) is void. OhmConnect Texas may add, remove or change Rewards at any time without notice. Users are solely responsible for compliance with federal, state, and local tax and other laws, and any costs, associated with accepting and using a Reward.

Watts are issued on a promotional basis only, and are not available for purchase. There is no fee associated with participating in the Watts reward program. Watts may only be used for personal use only; any commercial or business use is prohibited. Watts are non-transferable and may not be sold, exchanged, shared or assigned to or with another user or OhmConnect Texas account. Watts may not be combined with any other offers or discounts except as expressly permitted by OhmConnect Texas. OhmConnect Texas reserves the right to impose limits on the amount of Watts that a user may receive or maintain in their OhmConnect Texas account at any time, or the amount, frequency or type of Rewards for which a user may redeem Watts. Watts have no cash value and cannot be redeemed for cash, merchandise or other benefits except as expressly specified by OhmConnect Texas.

Participation in the Watts reward program requires that a customer be current on their account with OhmConnect Texas and have an active membership in the Demand Response Services. If a user fails to have any qualifying activity over three (3) consecutive months, the user’s OhmConnect Texas account will be deemed inactive and all accrued Watts in the OhmConnect Texas account will be forfeited. A “qualifying activity” means: (a) engaging with the service such as logging in or opening an email, (b) posting OhmConnect Texas related activities to social media (e.g., Facebook), (c) purchasing an item from the OhmConnect Texas Store, (d) connecting a device to the OhmConnect Texas service, or (e) inviting new members to activate with the OhmConnect Texas service. OhmConnect Texas reserves the right, in its sole discretion, to suspend or terminate a user’s ability to receive or redeem Watts, or to void any accrued Watts in a user’s OhmConnect Texas account, if OhmConnect Texas suspects that the user’s participation in the Watts program violates these Demand Response Terms or this Agreement or that the user is engaged in fraudulent, deceptive or unlawful activities. OhmConnect Texas may modify, suspend or terminate the Watts reward program at any time. If OhmConnect Texas terminates a user’s participation in the Watts reward program or terminates the Watts reward program, or a user closes their OhmConnect Texas account, all accrued Watts in the user’s OhmConnect Texas account will become void.

Promotions.  OhmConnect Texas, from time to time, may offer different promotions, such as a Referral Program allowing users to refer new members to join the OhmConnect Texas platform. At the discretion of OhmConnect Texas, referring a new member (“Referred User”) to the OhmConnect Texas platform may result in a reward of Watts, bill credits, or cash (“Referral Award”) for the person making the referral (“Referrer”); it also may result in a reward of Watts or cash to the Referred User.

You will be provided a unique code for referrals (“Referral Code”) to distribute to eligible friends, family, neighbors, small and medium business and community members. To redeem the Referral Code, the Referred User must use the Referral Code when enrolling in an OhmConnect Texas plan for a new and unique household. Only one Referral Code is permitted per enrollment.

If you, the user, use a method or methods to abuse the Referral Program, you will forfeit any Watts or cash received as part of a Referral Award and you will not be allowed to continue use of the Demand Response Services. OhmConnect Texas may suspend or terminate the Referral Program or a user’s ability to participate in the Referral Program at any time for any reason. Referral Codes are for promotional purposes only and are eligible for Watts, bill credits, or cash only. The amount, timing and conditions of receiving Watts or cash as part of your Referral Award shall remain solely within the discretion of OhmConnect Texas. All rewards will be forfeited at account closure.

(i) User Provided Content:

The Demand Response Services may contain features that allow you and other users to make available certain content and materials, including, without limitation, text and images (“User Content”) through or in connection with the Services, including through any interactive features of the Demand Response Services. Your User Content can be controlled via various privacy settings available to you on the “Settings” page. These settings will enable you to control the extent that you would like to share any of your User Content, if any. We may (but have no obligation to) monitor, evaluate, alter or remove User Content before or after it appears on the Services. We may disclose any User Content and the circumstances surrounding its transmission to anyone for any reason or purpose. OhmConnect Texas has no control over, and is not responsible for, any use or misuse (including any distribution) by any third party of any User Content. For purposes of clarity, you retain ownership of your User Content. For all User Content provided by you, you hereby grant to us and our affiliates a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, without additional consideration to you or any third party, to reproduce, distribute, perform and display, create derivative works of, adapt, modify and otherwise use and exploit such User Content, in any format or media, and for any purpose related to our business or the business of our affiliates (including promotional purposes, such as testimonials, and publishing User Content as such User Content may be modified and compiled by or for us). You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your User Content that you may have under any applicable law under any legal theory. By providing User Content via the Demand Response Services, you affirm, represent, and warrant that: (a) you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize OhmConnect Texas to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 13(i); (b) your User Content, and the use of your User Content as contemplated by these Demand Response Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause OhmConnect Texas to violate any law or regulation; and (c) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. IF YOU CHOOSE TO MAKE ANY OF YOUR USER CONTENT (INCLUDING ANY PERSONAL INFORMATION) OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

(j) Feedback:

We always appreciate getting feedback on our products and services. If you provide us with any ideas, proposals, suggestions or other materials relating to the Demand Response Services, (“Feedback”), OhmConnect Texas may use such Feedback in any manner for any purpose without restriction or compensation, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous and unsolicited, and does not place OhmConnect Texas under any fiduciary or other obligation. By submitting Feedback, you represent and warrant to OhmConnect Texas that you have all necessary rights in and to such Feedback, to provide such Feedback to OhmConnect Texas and all information it contains, and that such Feedback does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information or material.

(k) Marks:

All trade names, trademarks, service marks and logos on the Demand Response Services are the property of their respective owners. You are not granted any rights to use any trade names, trademarks, service marks or logos on or in the Demand Response Services under these Demand Response Terms.

(l) Term and Termination of Demand Response Services:

This Agreement is effective as long as you are an active customer of OhmConnect Texas. OhmConnect Texas may terminate or suspend your use of the Demand Response Services and your participation in the Watts reward program at any time and without prior notice, for any reason or no reason, including if OhmConnect Texas believes that you have breached any provision of the Agreement, including the Demand Response Terms. Upon any such termination or suspension, all rights and licenses granted under the Demand Response Terms, including your right to use the Demand Response Services will immediately cease, and OhmConnect Texas may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 13(a) and (j)–(n) of these Demand Response Terms shall survive any termination of your use of the Demand Response Services or your participation in the Watts reward program. The termination of a user’s participation in Demand Response Services and/or the Watts reward program shall not affect the provision of electric service to the associated customer Accounts, which shall continue until terminated pursuant to the terms of this Agreement.

(m) Limitation Of Liability:

OHMCONNECT TEXAS AND ITS AFFILIATED ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THESE DEMAND RESPONSE TERMS OR THE DEMAND RESPONSE SERVICES OR FOR ANY DAMAGES FOR LOST PROFITS, LOSS OF USE OF THE DEMAND RESPONSE SERVICES, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, LOSS OF OTHER INTANGIBLES, OR UNAUTHORIZED ACCESS TO OR USE OF THE DEMAND RESPONSE SERVICES, YOUR DATA OR USER CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF OHMCONNECT TEXAS IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, OHMCONNECT TEXAS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE DEMAND RESPONSE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE DEMAND RESPONSE SERVICES IS TO STOP USING THE DEMAND RESPONSE SERVICES. EXCEPT AS PROVIDED IN SECTION 14 BELOW, THE MAXIMUM AGGREGATE LIABILITY OF OHMCONNECT TEXAS ARISING OUT OF OR RELATED TO THESE DEMAND RESPONSE TERMS OR THE DEMAND RESPONSE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO OHMCONNECT TEXAS TO USE THESE DEMAND RESPONSE SERVICES, OR $100.00, WHICHEVER IS GREATER. ALL DISCLAIMERS, LIMITATIONS, OR EXCLUSIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF THE AFFILIATED ENTITIES AS WELL AS EACH AFFILIATED ENTITY’S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

(n) Indemnity:

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless OhmConnect Texas and the Affiliated Entities and each Affiliated Entity’s licensors, suppliers and service providers from and against all claims, damages, losses, costs and expenses (including attorneys’ fees) arising out any violation of these Demand Response Terms by you. OhmConnect Texas reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

14. ARBITRATION

As used in this Arbitration section, “you” and “your” mean the customer receiving electric service under this Agreement and any registered user(s) of the Demand Response Services, and all of his/her heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, assigns, as well as all authorized and unauthorized users or beneficiaries of services under this or prior agreements between us. “OhmConnect Texas”, “We,” and “Our” shall mean OhmConnect Texas and shall be deemed to include all of its heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, directors, officers, predecessors in interests, successors, assigns.

As used in this Arbitration section, “you” and “your” mean the customer receiving electric service under this Agreement and any registered user(s) of the Demand Response Services, and all of his/her heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, assigns, as well as all authorized and unauthorized users or beneficiaries of services under this or prior agreements between us. “OhmConnect Texas”, “We,” and “Our” shall mean OhmConnect Texas and shall be deemed to include all of its heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, directors, officers, predecessors in interests, successors, assigns.

(a) Generally: In the interest of resolving disputes between you and OhmConnect Texas in the most expedient and cost effective manner, and except as described in Sections 14(b)and 14(c), you and OhmConnect Texas agree that every dispute arising in connection with this Agreement will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND OHMCONNECT TEXAS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

(b) Exceptions: Despite the provisions of Section 14(a), nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

(c) Opt Out: If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 14 within 30 days after your service start date by sending a letter to arb-optout@OhmConnect.com or OhmConnect Texas, LLC, Attention: Legal Department – Arbitration Opt-Out, 371 3rd Street, 2nd Floor, Oakland, CA 94607, that specifies: your full legal name, the email address associated with your account, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once OhmConnect Texas receives your Opt-Out Notice, this Section 14 will be void. The remaining provisions of this Agreement will not be affected by your Opt-Out Notice.

(d) Arbitrator: Except where prohibited by law, you and OhmConnect Texas agree that any and all Claims are to be arbitrated by a single arbitrator. An arbitration commenced pursuant to this Agreement shall be administered and governed by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). To the extent there is any inconsistency between the terms of this Arbitration Section and the AAA Rules the provisions of this Agreement shall apply. The AAA Rules, forms and information are available online at www.adr.org. Unless you and OhmConnect Texas agree otherwise, any arbitration hearing(s) will take place in Houston, Texas.

(e) Notice of Arbitration Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). OhmConnect Texas’s address for Notice is: OhmConnect Texas, LLC, 371 3rd Street, 2nd Floor, Oakland, CA 94607. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or OhmConnect Texas may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or OhmConnect Texas must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by OhmConnect Texas in settlement of the dispute prior to the award, OhmConnect Texas will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.

(f) Fees: If you commence arbitration in accordance with this Agreement, OhmConnect Texas will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Harris County, Texas, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse OhmConnect Texas for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

(g) No Class Actions: YOU AND OHMCONNECT TEXAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OhmConnect Texas agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

(h) Enforceability: If Section 14(g) or the entirety of this Section 14 is found to be unenforceable, or if OhmConnect Texas receives an Opt-Out Notice from you, then the entirety of this Section 14 will be null and void.

(i) LIMITATION ON CLAIMS: YOU MUST CONTACT OHMCONNECT TEXAS WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

15. EXPORT CONTROLS

You are responsible for complying with United States export controls and sanctions laws and regulations and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (i) located in or a resident of, any country that is the subject of comprehensive U.S. sanctions (currently Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine), or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any of the U.S. government lists of prohibited or restricted end users.

Contact Information:

REP Mailing Address:
OhmConnsct Texas PO Box 920919 Houston, TX 77018.

REP Customer Service:
Toll Free: (855) 961-4646 (M-F 8am to 5pm CST)

Email: Service@OhmConnect.com
Website: www.OhmConnect.com