This Terms of Use and Service Policy (this “Terms Policy”) is our terms of service that governs our relationship with users and others who interact with any of the websites owned by L5E, LLC (“5 Digital Energy” or “we” or “us”) including but not limited to DigitalEnergyby5.com, together with its subdomains, content, linked pages, and services (the “Site”). By using or accessing the Site, you agree to this Terms Policy and the Privacy Policy (together referred to as “The Policies”) described below and incorporated herein by reference. If you do not accept and agree to The Policies in their entirety, then you are prohibited from accessing or using the Site, the Services, and the Content.
The Policies include important information and set forth the rules for use of the Site and also include dispute resolution provisions to which you agree to be bound.
Although we may attempt to notify you when major changes are made to this Terms Policy, the most up-to-date version of this Terms Policy will be published on the Site. We may update this Terms Policy from time-to-time, in our sole discretion, so you must check the current version of this Terms Policy each time that you use the Site. You agree to be bound by such modifications or revisions to this Terms Policy each time that you use the Site. Nothing in these Terms of Use and Service shall be deemed to confer any third-party rights or benefits.
Privacy
Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect and use the information we obtain through your use of the Site. We encourage you to read the Privacy Policy and use it to help you make informed decisions.
Description of Services
DigitalEnergyby5.com provides a platform with tools for comparing, selecting, and gathering information about participating third-party electricity providers and the electricity plans that they offer in certain states that have adopted deregulated retail electricity (the “Service”). The Service allows users access to information about electricity plans and rates, electricity providers, and educational and general information about the deregulated electricity industry and the electricity providers and plans represented on the Site (the “Content”).
If you elect to establish service with an electricity provider through the Site, you do so under the specific terms offered by such electricity provider, so you must also agree to and understand those terms. The contractual agreement for electricity services is between you and the electricity provider, not with 5 Digital Energy. Your interaction with any electricity provider accessed through the Site is at your own risk, and you acknowledge and agree that 5 Digital Energy does not have any responsibility for the quality of the services you receive from any such electricity provider. 5 Digital Energy is not a representative of or agent for either you or any electricity provider and does not act on either’s behalf.
How We Are Compensated
We do not charge visitors for using the Service offered by the Site. 5 Digital Energy has contractual marketing agreements with the electricity providers represented on the Site whereby 5 Digital Energy receives a fee from the electricity provider when a visitor successfully enrolls in an electricity plan after using the Site. Some providers also may pay a fee for advertising placed on the Site.
Content
The Content provided by the Service is intended to give general guidelines and help users select an energy plan and provider of their choice and it does not constitute an endorsement by the Site of any electricity provider represented on the Site. The Content regarding electricity plans and rates is provided to the Site by the participating third-party electricity providers. The Site does not guarantee the accuracy of the Content, and all Content is provided on an as-is basis without any express or implied warranties.
All Content is intended for general educational purposes. Under no circumstances will 5 Digital Energy be liable for any Content including, but not limited to, any errors or omissions in any Content, or any loss or damage incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available through the Service.
The electricity providers represented on the Site are independent third parties. 5 Digital Energy does not guarantee that the electricity supply offers or terms and conditions made available by the represented electricity providers on the Site are the best or the lowest rates available in the market. The Site does not sell, resell, or license any of the services offered by the represented electricity providers, nor is the Site acting as an agent of sale for the electricity providers represented on the Site.
5 Digital Energy disclaims any responsibility for, or liability related to, any service offered by participating electricity providers. Any questions, complaints, or claims related to any service provided by the electricity providers represented on the Site should be directed to the appropriate electricity provider.
Plan Placement
Featured or recommended plans are determined based on a variety of considerations including, but not limited to, the competitiveness of the plan’s prices, the variety of electricity plan offerings from the electricity provider, the credit requirement and deposit policies of the electricity provider, and the quality of the electricity provider’s content.
Linking Policies
Inbound Links
5 Digital Energy grants you revocable permission to link to publicly available portions of the Site; provided, however, that any site that incorporates a link to this Site must not: (i) create a browser or border environment around any of the Content on the Site or otherwise mirror any part of the Site; (ii) imply that DigitalEnergyby5.com is endorsing or sponsoring the site or any products or services offered by or through such site; (iii) present false information about, disparage, or otherwise harm DigitalEnergyby5.com; (iv) use any 5 Digital Energy trademarks without prior written permission from 5 Digital Energy; and (v) contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in 5 Digital Energy’s sole opinion). In addition, the linked site must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such a link subject to these terms. By linking to the Site, you agree that you do and will continue to comply with these linking requirements. 5 Digital Energy may revoke your right to link at any time at 5 Digital Energy’s sole discretion.
Outbound Links
The Site includes outbound links to websites and social networks that are not owned or operated by 5 Digital Energy and are subject to different terms and conditions. If you follow the outbound links, you will be legally bound by the terms and conditions of those websites and social networks to which they lead. Any outbound links are provided solely for your reference and are not to be viewed as an authorization, endorsement, sponsorship, or affiliation by, of, or with such website or social network. 5 Digital Energy makes no representations or warranties whatsoever (whether express or implied) concerning such websites and social networks or any products or services they may offer. You are solely responsible for determining the extent to which you may use any content at any other websites and social networks you visit via an outbound link from the Site. 5 Digital Energy is not responsible for any information, content, goods, or services found on or through such other websites and social networks.
Copyright
The Services and Content on the Site are intended solely for personal, non-commercial use by users and may only be used in accordance with this Terms Policy. All materials displayed or performed on the Site are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services on the Site. You shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or other proprietary rights not owned by you without the express prior written consent of 5 Digital Energy or the original copyright holder. Unauthorized use of materials contained on the Site is expressly prohibited by law and may result in severe civil and criminal penalties.
The Service is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, or create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Service in part or in whole.
5 Digital Energy reserves the right, but not the obligation, to take down or otherwise exclude from the Site, without notice or recourse, any communications, statements, names, information, and/or content made or submitted by you or others on or through the Site that 5 Digital Energy believes, at any time and in its sole discretion, to be (i) infringing or otherwise in violation of the proprietary rights, the right of privacy, or the right of publicity of any person or entity; (ii) defamatory, disparaging, or embarrassing of or towards any person or entity; (iii) profane, indecent or obscene; (iv) derogatory in terms of race, nationality, religion, gender, gender identification, sexual orientation or otherwise; (v) threatening, abusive, false, misleading, or deceptive; or (vi) otherwise illegal or something that 5 Digital Energy considers unsuitable for the Site.
Copyright Dispute Policy
If you are a copyright owner or an agent thereof and believe that any intellectual property Content (“IP Content”) infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the L5E, LLC DMCA Agent (“Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to the Copyright Agent at L5E, LLC, Attn: DMCA Copyright Agent, 4545 Fuller Drive, Suite 412, Irving TX, 75038, email: legal@energyby5.com. For clarity, only DMCA notices should go to our Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Site’s customer service at onlinerequest@energyby5.com. You acknowledge that if you fail to comply with all the requirements of this Section, your DMCA notice may not be valid.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES PROVIDED BY THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 5 DIGITAL ENERGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES PROVIDED BY THE SITE AND YOUR USE THEREOF. 5 DIGITAL ENERGY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. 5 DIGITAL ENERGY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND 5 DIGITAL ENERGY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. 5 DIGITAL ENERGY IS PROVIDING THE SITE AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. 5 DIGITAL ENERGY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.
Limitation of Liability
IN NO EVENT SHALL 5 DIGITAL ENERGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES PROVIDED BY THE SITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES PROVIDED BY THE SITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES PROVIDED BY THE SITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES PROVIDED BY THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 5 DIGITAL ENERGY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU ACKNOWLEDGE THAT 5 DIGITAL ENERGY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
5 DIGITAL ENERGY WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR WEBSITE NAME, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR WEBSITE NAME WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, 5 DIGITAL ENERGY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IF 5 DIGITAL ENERGY BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBY WAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST THE SITE AND/OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON, THROUGH, OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES) AS A RESULT OF SUCH BREACH OR OTHER VIOLATION. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOES NOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BY LAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICH ARE OTHERWISE EXPRESSLY PRECLUDED BY THIS AGREEMENT); PROVIDED, HOWEVER, THAT ANY SUCH NON-PRECLUDED CAUSE OF ACTION OR CLAIM IN CONNECTION WITH SUCH MONETARY REMEDIES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OR ELSE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The Site is controlled and offered by 5 Digital Energy from its facilities in the United States of America. 5 Digital Energy makes no representations that the service provided by the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless 5 Digital Energy, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your actions, content or information on the Site, or other use of or access to the service provided by the Site; (ii) your violation of any term of this Terms Policy; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your IP Content caused damage to a third party. This defense and indemnification obligation will survive this Terms Policy and your use of the Service provided by the Site.
Eligibility and Ability to Accept Terms of Service
By using the Services offered by the Site, you represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms Policy, and to abide by and comply with this Terms Policy. The Site is not targeted towards, nor intended for use by anyone under the age of 18 years of age. If you are under 18 years of age, then you are restricted from using the Site.
Assignment
This Terms Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but they may be assigned by 5 Digital Energy without restriction.
Disputes
This Terms Policy is governed by the laws of the State of Texas, without regard to any conflicts of law rules.
You hereby irrevocably submit all disputes, controversies, and claims (whether grounded in contract, tort, statute, law, or equity) arising from or concerning this Terms Policy, any additional terms, conditions, or policies referenced in this Terms Policy, your access or use of the Site, any transactions made on, through, or in relation to the Site, and/or your relationship with 5 Digital Energy (collectively, the “Disputes”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. or its successor (“JAMS”) for resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final, and confidential.
The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence, or this Terms Policy, then the conflicting provisions of this Terms Policy shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure, and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this section is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
The party initiating the arbitration proceeding shall serve a written notice of arbitration on the other party in accordance with the JAMS Rules. The arbitration shall be held in Dallas County, Texas, United States of America. The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Terms Policy and shall be bound by applicable law.
The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and, in any event, not more than forty-five (45) calendar days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary, or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under this Terms Policy or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the parties who have been served with proper written notice of the arbitration proceeding as required by this section. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in Dallas County, State of Texas, United States of America, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award, or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the parties, and any court order to enforce the decision, judgment, ruling, finding, award, or other determination of the arbitrator shall be filed under seal.
JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Terms Policy or applicable law.
In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Terms Policy or applicable law), each party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of Dallas County, Texas, United States of America and the United States federal courts in the Northern District of Texas, Dallas Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING, OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING.
Electronic Communications
You hereby expressly consent to 5 Digital Energy sending or otherwise communicating with you for any purpose via any electronic means or forms as 5 Digital Energy deems appropriate in its sole discretion. By giving such consent, you agree that no such communication shall violate the CAN-SPAM Act, the Telephone Consumer Protection Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for utilizing the Site or the Services.
YOU ARE NOT REQUIRED TO GRANT THE FOREGOING CONSENT AS A CONDITION FOR PURCHASE OR LICENSE OF ANY 5 DIGITAL ENERGY PRODUCTS OR SERVICES.
You may opt-out of receiving any electronic messages from 5 Digital Energy as described above at any time by any reasonable means, including, without limitation and by way of example, by sending an email to help@digitalenergyby5.com with a subject line of “Opt-Out of Electronic Communications”. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site and/or your ability to receive certain messages or notifications from 5 Digital Energy.
Other
- These Policies are an agreement between you and L5E, LLC.
- 5 Digital Energy has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site.
- The most recently-updated version of The Policies make up the entire agreement between you and us regarding the Site and supersede any prior agreements.
- If any portion of The Policies is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of The Policies, it will not be considered a waiver.
- You will not transfer any of your rights or obligations under this Terms Policy to anyone else without our consent.
- All of our rights and obligations under this Terms Policy are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Terms Policy shall prevent us from complying with the law.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing the Site.
- We shall not be liable for delays in performance caused by any act of God, fire or other casualty, accident, strike, shortage of labor or materials, governmental action, industrial disturbance, pandemic, epidemic, or any other cause beyond 5 Digital Energy’s reasonable control, and the time for 5 Digital Energy’s performance shall be extended by the period of any such delay.
- We may give or deliver all other notices to you by means of a general notice posted on this or another page of the Site, as applicable, or by email to your email address as you may provide to 5 Digital Energy on or through the Site, and such notices shall be deemed effective as of their stated effective dates.
- In no event shall The Policies, the performance of a party’s rights or obligations under The Policies, or a party’s access or use of the Site or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership, or joint venture relationship between you and us.
Texas Broker Disclosure
L5E, LLC dba 5 Digital Energy is a registered broker with the Public Utility Commission of Texas (“PUCT”), with Texas broker commission registration number BR190044. The registered names of retail electricity providers (“REPs”) that are affiliated through contractual marketing agreements with 5 Digital Energy are included on the Site. A listing of our other registrations can be found here.
A description of the services provided as a broker is outlined in the Description of Services section of this document and our compensation is outlined in the How We Are Compensated section of this document.
Any inquiries or complaints about the Service or the Site can be directed to us by email at onlinerequest@energyby5.com. Or you may contact the Public Utility Commission of Texas for an informal complaint at 512-936-7120, or email customer@puc.texas.gov.
Contact Us
If you have any questions regarding this Terms Policy, you may contact us by U.S. Postal Mail at the following address:
L5E, LLC
4545 Fuller Drive
Suite 412
Irving, TX 75038
Last revised: March 24, 2023