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Texans Energy Terms of Use

This website is owned and operated by MyTexansEnergy.com. By visiting our website and accessing the information, resources, services, products and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy page for more information). If you do not agree with any part of the User Agreement, you must not use this website and leave the site now. If you use this website, you agree to be bound by the terms of this User Agreement.

This agreement is in effect as of December 14, 2016

Modifications

Texans Energy reserves the right to modify this User Agreement at any time in its sole discretion, without any advance notice. The most current version of this User Agreement will always be available for review on this website. Your continued use of this site after such modifications will constitute acknowledgement and agreement of the modified terms and conditions.

Ownership of Content

All information and content (‘materials’) on this website is wholly owned by or licensed to Mega Energy. This website contains copyrighted materials, trademarks and other information protected by intellectual property laws. Unless otherwise stated herein, none of the materials on this website may be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express permission of Mega Energy or the original copyright holder. You may display and print materials from this website solely for your personal, non-commercial use, provided you do not modify those materials, and you retain all copyright and other proprietary notices contained in those materials. Any unauthorized use of materials from this site is expressly prohibited by law, and may result in severe civil and criminal penalties.

Submitted Information

Any information, including but not limited to comments, suggestions, graphics, ideas or other submissions, communicated to Mega Energy by you through this website, including but not limited to intellectual property related thereto, will be treated as non-proprietary and non-confidential. Mega Energy is under no obligation to provide compensation or attribution if we copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose. We are under no obligation to post or use any communication you may provide, and Mega Energy may remove any submission at any time at its sole discretion. Notwithstanding the above, all Personally Identifiable Information (PII) provided to Mega Energy will be handled in accordance with our Privacy Policy. You are prohibited from posting or transmitting to or from this website any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, profane or pornographic material.

Risk of Loss; Accuracy of Information

You expressly agree that your use of this website is at your sole risk, and that you assume full responsibility and risk of loss resulting from the downloading and/or use of the content. Although Mega Energy strives to provide accurate information on our website, we cannot guarantee the accuracy, truthfulness or reliability of any information found on or by means of our website.

Third Party Links

This website contains links to other websites. Mega Energy is not responsible for the content of such websites, including any changes or updates that are made to the linked website or the accuracy or completeness of the information provided on those websites. Mega Energy provides the links as a convenience to you, and the existence of the links on this website does not imply that Mega Energy approves of or is affiliated with the linked organization/company, its products or services, or that the linked organization/company approves of or is affiliated with Mega Energy. We do not vouch for those persons, companies or other organizations whose goods or services may be accessed or displayed through or on this website.

No Warranties

THIS WEBSITE IS MADE AVAILABLE TO YOU ‘AS IS,’ WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, MEGA ENERGY MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, VIRUS FREE OR ERROR FREE.

TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT WARRANTEIS, REPRESENTATIONS OR GUARANTEES HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED MERELY AS NON-BINDING EXPRESSIONS OF POLICY RATHER THAT AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION, THE DISCLAIMER OF WARRANTIES SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

Disclaimer of Warranties

MEGA ENERGY HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT MEGA ENERGY KNOWS OF OR HAS BEEN ADVISED OF ANY SUCH PURPOSE), AND ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT WILL MEGA ENERGY BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED MEGA ENERGY ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.

Restrictions, Suspension and Termination

Mega Energy may restrict, suspend or terminate your access to the website and your ability to avail any 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. Mega Energy may remove the website as a whole or any sections or features of the website at any time without notice.

Indemnification

You agree to indemnify, defend and hold harmless Mega Energy from and against any and all claims, suits, liabilities and expenses (including, without limitation, attorneys’ fees) arising in any way out of claims based upon your use of the websites or related to any violation of these Terms of Use by you or by those using your login information.

No Waiver

No delay or omission by Mega Energy to exercise any right or power occurring upon any breach of these Terms of Use shall not be construed to be a waiver of any subsequent breach.

Governing Law and Venue

These Terms of Use shall be governed by the laws of the State of Texas, without giving effect to its conflicts of law principles. The venue for any dispute related to these Terms of Use will be proper in Harris County, Texas.

Severability

The determination that any provision of these Terms of Use is invalid or unenforceable will not affect the validity or enforceability of the remaining provisions or of that provision under other circumstances. Any invalid or unenforceable provision will be enforced to the maximum extent permitted by law.

Refunds

Charges to your bank account or credit card may be reversed as necessary for refunds or balances on your account. Any refunds due may be paid in the form of a physical check issued to the billing address on file for your account or as a bill credit to your active account.

Age and Responsibility

Mega Energy does not knowingly collect information from children. We as parents or legal guardians to assist by supervising the activities of children on this website. This website is intended for use by adults. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use (or the use of others using your login information) of this website.

General

These Terms of Use contain the entire understanding between you and Mega Energy regarding this website and your use of this website and supersedes all prior or contemporaneous understandings or agreements regarding this website and your use of this website. These Terms of Use may not be amended or modified except by making such amendments or modifications available on this website as described above.